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


          47



          Telecommunication



[[Page 1]]

          PART 80 TO END

                         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
          Chapter II--Office of Science and Technology Policy 
          and National Security Council                            737
          Chapter III--National Telecommunications and 
          Information Administration, Department of Commerce       781
  Finding Aids:
      Material Approved for Incorporation by Reference........     787
      Table of CFR Titles and Chapters........................     791
      Alphabetical List of Agencies Appearing in the CFR......     809
      Table of OMB Control Numbers............................     819
      Redesignation Table.....................................     829
      List of CFR Sections Affected...........................     839



[[Page iv]]


      


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

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus,  47 CFR 80.1 refers 
                       to title 47, part 80, 
                       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 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

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

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

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 1998), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

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

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I), and Acts Requiring Publication 
in the Federal Register (Table II). A list of CFR titles, chapters, and 
parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.

[[Page vii]]

    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.

SALES

    The Government Printing Office (GPO) processes all sales and 
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ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, The United States 
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of Presidential Documents and the Privacy Act Compilation are available 
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    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
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site also contains links to GPO Access.

                              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, Carol Conroy 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 part 80 to end)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Federal Communications Commission (Continued)....          80

chapter ii--Office of Science and Technology Policy and 
  National Security Council.................................         201

chapter iii--National Telecommunications and Information 
  Administration, Department of Commerce....................         300

[[Page 3]]



                    CHAPTER I--FEDERAL COMMUNICATIONS






                         COMMISSION (CONTINUED)




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

             SUBCHAPTER D--SAFETY AND SPECIAL RADIO SERVICES

Part                                                                Page
80              Stations in the maritime services...........           5
87              Aviation services...........................         195
90              Private land mobile radio services..........         248
94

[Reserved]

95              Personal radio services.....................         520
97              Amateur radio service.......................         577
100             Direct broadcast satellite service..........         615
101             Fixed microwave services....................         621

Supplemental Publications:   

  Annual Reports of the Federal Communications Commission to Congress.

  Federal Communications Commission Reports of Orders and Decision.

  Communications Act of 1934 (with amendments and index thereto), Recap. 
Version May 1989.

  Study Guide and Reference Material for Commercial Radio Operator 
Examinations, May 1987 edition.

[[Page 5]]



             SUBCHAPTER D--SAFETY AND SPECIAL RADIO SERVICES





PART 80--STATIONS IN THE MARITIME SERVICES--Table of Contents




                     Subpart A--General Information

                                 General

Sec.
80.1  Basis and purpose.
80.2  Other regulations that apply.
80.3  Other applicable rule parts of this chapter.
80.5  Definitions.

                  Subpart B--Applications and Licenses

80.11  Scope.
80.13  Station license required.
80.15  Eligibility for station license.
80.17  Administrative classes of stations.
80.19  Standard forms to be used.
80.21  Supplemental information required.
80.23  Filing of applications.
80.25  License term.
80.29  Changes during license term.
80.31  Cancellation of license.
80.33  Developmental license.
80.37  One authorization for a plurality of stations.
80.39  Authorized station location.
80.41  Control points and dispatch points.
80.43  Equipment acceptable for licensing.
80.45  Frequencies.
80.47  Operation during emergency.
80.49  Construction and regional service requirements.
80.51  Ship earth station licensing.
80.53  Application for a portable ship station license.
80.54  Automated Maritime Telecommunications System (AMTS)--System 
          Licensing.
80.55  Application for a fleet station license.
80.56  Transfer of ship station license prohibited.
80.57  Canada/U.S.A. channeling arrangement for VHF maritime public 
          correspondence.
80.59  Compulsory ship inspections.
80.60  Partitioned licenses and disaggregated spectrum.

            Subpart C--Operating Requirements and Procedures

                      Station Requirements--General

80.61  Commission inspection of stations.
80.63  Maintenance of transmitter power.

                   Station Requirements--Land Stations

80.67  General facilities requirements for coast stations.
80.68  Facilities requirements for public coast stations using 
          telegraphy.
80.69  Facilities requirement for public coast stations using telephony.
80.70  Special provisions relative to coast station VHF facilities.
80.71  Operating controls for stations on land.
80.72  Antenna requirements for coast stations.
80.74  Public coast station facilities for a telephony busy signal.
80.76  Requirements for land station control points.

                   Station Requirements--Ship Stations

80.79  Inspection of ship station by a foreign Government.
80.80  Operating controls for ship stations.
80.81  Antenna requirements for ship stations.
80.83  Protection from potentially hazardous RF radiation.

                      Operating Procedures--General

80.86  International regulations applicable.
80.87  Cooperative use of frequency assignments.
80.88  Secrecy of communication.
80.89  Unauthorized transmissions.
80.90  Suspension of transmission.
80.91  Order of priority of communications.
80.92  Prevention of interference.
80.93  Hours of service.
80.94  Control by coast or Government station.
80.95  Message charges.
80.96  Maintenance tests.
80.97  Radiotelegraph operating procedures.
80.98  Radiotelegraph testing procedures.
80.99  Radiotelegraph station identification.
80.100  Morse code requirement.
80.101  Radiotelephone testing procedures.
80.102  Radiotelephone station identification.
80.103  Digital selective calling (DSC) operating procedures.
80.104  Identification of radar transmissions not authorized.

                   Operating Procedures--Land Stations

80.105  General obligations of coast stations.
80.106  Intercommunication in the mobile service.
80.107  Service of private coast stations and marine-utility stations.
80.108  Transmission of traffic lists by coast stations.
80.109  Transmission to a plurality of mobile stations by a public coast 
          station.
80.110  Inspection and maintenance of antenna structure markings and 
          associated control equipment.

[[Page 6]]

80.111  Radiotelephone operating procedures for coast stations.

                   Operating Procedures--Ship Stations

80.114  Authority of the master.
80.115  Operational conditions for use of associated ship units.
80.116  Radiotelephone operating procedures for ship stations.

                Special Procedures--Public Coast Stations

80.121  Public coast stations using telegraphy.
80.122  Public coast stations using facsimile and data.
80.123  Service to stations on land.

               Special Procedures--Private Coast Stations

80.131  Radioprinter operations.
80.133  Private coast stations using facsimile in Alaska.

                    Special Procedures--Ship Stations

80.141  General provisions for ship stations.
80.142  Ships using radiotelegraphy.
80.143  Required frequencies for radiotelephony.
80.145  Class C EPIRB operational procedures.

                    Shipboard General Purpose Watches

80.146  Watch on 500 kHz.
80.147  Watch on 2182 kHz.
80.148  Watch on 156.8 MHz (Channel 16).

                               Violations

80.149  Answer to notice of violation.

                    Subpart D--Operator Requirements

80.151  Classification of operator licenses and endorsements.

                   Coast Station Operator Requirements

80.153  Coast station operator requirements.

                   Ship Station Operator Requirements

80.155  Ship station operator requirements.
80.156  Control by operator.
80.157  Radio officer defined.
80.159  Operator requirements of Title III of the Communications Act and 
          the Safety Convention.
80.161  Operator requirements of the Great Lakes Radio Agreement.
80.163  Operator requirements of the Bridge-to-Bridge Act.
80.165  Operator requirements for voluntary stations.

                      General Operator Requirements

80.167  Limitations on operators.
80.169  Operators required to adjust transmitters or radar.
80.175  Availability of operator licenses.
80.177  When operator license is not required.
80.179  Unattended operation.

                 Subpart E--General Technical Standards

80.201  Scope.
80.203  Authorization of transmitters for licensing.
80.205  Bandwidths.
80.207  Classes of emission.
80.209  Transmitter frequency tolerances.
80.211  Emission limitations.
80.213  Modulation requirements.
80.215  Transmitter power.
80.217  Suppression of interference aboard ships.
80.219  Special requirements for narrow-band direct-printing (NB-DP) 
          equipment.
80.221  Special requirements for automatically generating the 
          radiotelephone alarm signal.
80.223  Special requirements for survival craft stations.
80.225  Requirements for selective calling equipment.
80.227  Special requirements for protection from RF radiation.
80.229  Special requirements for automatic link establishment (ALE).

         Subpart F--Equipment Authorization for Compulsory Ships

80.251  Scope.
80.253  Technical requirements for main transmitter.
80.255  Technical requirements for reserve transmitter.
80.257  Manufacturing requirements for radiotelegraph automatic alarm 
          receiver (auto alarm).
80.259  Technical requirements for radiotelegraph auto alarm receiver.
80.261  Technical requirements for automatic-alarm-signal keying device 
          .
80.263  Common requirements for survival craft radio equipment.
80.265  Requirements for survival craft portable radio equipment.
80.267  Requirements for survival craft nonportable radio equipment.
80.269  Technical requirements for radiotelephone distress frequency 
          watch receiver.
80.271  Technical requirements for portable survival craft 
          radiotelephone transceivers.
80.273  Technical requirements for radar equipment.

[[Page 7]]

           Subpart G--Safety Watch Requirements and Procedures

                      Coast Station Safety Watches

80.301  Watch requirements.
80.302  Notice of discontinuance, reduction, or impairment of service 
          involving a distress watch.
80.303  Watch on 156.800 MHz (Channel 16).

                       Ship Station Safety Watches

80.304  Watch requirement during silence periods.
80.305  Watch requirements of the Communications Act and the Safety 
          Convention.
80.306  Provisions governing the radiotelegraph watch.
80.307  Compulsory use of radiotelegraph auto alarm.
80.308  Watch required by the Great Lakes Radio Agreement.
80.309  Watch required by the Bridge-to-Bridge Act.
80.310  Watch required by voluntary vessels.

             Distress, Alarm, Urgency and Safety Procedures

80.311  Authority for distress transmission.
80.312  Priority of distress transmissions.
80.313  Frequencies for use in distress.
80.314  Distress signals.
80.315  Distress calls.
80.316  Distress messages.
80.317  Radiotelegraph and radiotelephone alarm signals.
80.318  Use of alarm signals.
80.319  Radiotelegraph distress call and message transmission procedure.
80.320  Radiotelephone distress call and message transmission procedure.
80.321  Acknowledgement of receipt of distress message.
80.322  Form of acknowledgement.
80.323  Information furnished by an acknowledging station.
80.324  Transmission of distress message by station not itself in 
          distress.
80.325  Control of distress traffic.
80.326  Notification of resumption of normal working.
80.327  Urgency signals.
80.328  Urgency message.
80.329  Safety signals.
80.330  Safety message.
80.331  Bridge-to-bridge communication procedure.
80.332  Equipment to aid search and rescue operations.
80.333  Stations in the maritime mobile-satellite service.

                         Subpart H--Frequencies

                             Radiotelegraphy

80.351  Scope.
80.353  General uses--radiotelegraphy.
80.355  Distress, urgency, safety, call and reply Morse code 
          frequencies.
80.357  Morse code working frequencies.
80.359  Frequencies for digital selective calling (DSC).
80.361  Frequencies for narrow-band direct-printing (NBDP), radioprinter 
          and data transmissions.
80.363  Frequencies for facsimile.

                             Radiotelephony

80.365  Scope.
80.367  General uses--radiotelephony.
80.369  Distress, urgency, safety, call and reply frequencies.
80.371  Public correspondence frequencies.
80.373  Private communications frequencies.
80.374  Special provisions for frequencies in the 4000-4063 kHz and the 
          8100-8195 kHz bands shared with the fixed service.

                           Radiodetermination

80.375  Radiodetermination frequencies.

                           Ship Earth Stations

80.377  Frequencies for ship earth stations.

                            Aircraft Stations

80.379  Maritime frequencies assignable to aircraft stations.

                       Operational Fixed Stations

80.381  Frequencies for operational fixed stations.

                  Vessel Traffic Services System (VTS)

80.383  Vessel Traffic Services (VTS) system frequencies.

                            Automated Systems

80.385  Frequencies for automated systems.

                          Alaska Fixed Stations

80.387  Frequencies for Alaska fixed stations.

                        Maritime Support Stations

80.389  Frequencies for maritime support stations.

                         Developmental Stations

80.391  Frequencies for developmental stations.

                      Subpart I--Station Documents

80.401  Station documents requirement.
80.403  Availability of documents.
80.405  Station license.
80.407  Operator authorization.
80.409  Station logs.
80.411  Vessel certification or exemption.
80.413  On-board station equipment records.
80.415  ITU publications.
80.417  FCC Rules and Regulations.

[[Page 8]]

                    Subpart J--Public Coast Stations

                            Stations on Land

80.451  Supplemental eligibility requirements.
80.453  Scope of communications.

                            Use of Telegraphy

80.455  Assignment and use of frequencies for manual Morse code 
          telegraphy.
80.459  Digital selective calling.
80.461  Narrow-band direct-printing.

                            Use of Telephony

80.465  Assignment and use of frequencies for telephony.
80.467  Duplication of VHF service.
80.469  Maritime mobile repeater stations in Alaska.
80.471  Discontinuance or impairment of service.

                            Automated Systems

80.475  Scope of service of the Automated Maritime Telecommunications 
          Systems (AMTS).
80.477  AMTS points of communication.
80.479  Assignment and use of frequencies for AMTS.

      Subpart K--Private Coast Stations and Marine Utility Stations

80.501  Supplemental eligibility requirements.
80.503  Cooperative use of facilities.
80.505  Points of communication.
80.507  Scope of service.
80.509  Frequency assignment.
80.511  Assignment limitations.
80.513  Frequency coordination.
80.514  Marine VHF frequency coordinating committee(s).
80.515  Limitations on use.
80.517  Time limitation on communication.
80.519  Station identification.

                  Subpart L--Operational Fixed Stations

80.551  Applicability.
80.553  Supplemental eligibility requirements.
80.555  Scope of communication.
81.557  Assignment and use of frequencies.
81.559  Licensing limitations.

          Subpart M--Stations in the Radiodetermination Service

80.601  Scope of communications.
80.603  Assignment and use of frequencies.
80.605  U.S. Coast Guard coordination.

                   Subpart N-Maritime Support Stations

80.651  Supplemental eligibility requirements.
80.653  Scope of communications.
80.655  Use of frequencies.
80.659  Technical requirements.

                    Subpart O--Alaska Fixed Stations

80.701  Scope of service.
80.703  Priority of distress and other signals.
80.705  Hours of service of Alaska-public fixed stations.
80.707  Cooperative use of frequency assignments.
80.709  Frequencies available.
80.711  Use of U.S. Government frequencies.

  Subpart P--Standards for Computing Public Coast Station VHF Coverage

80.751  Scope.
80.753  Signal strength requirements at the service area contour.
80.755  Applicability.
80.757  Topographical data.
80.759  Average terrain elevation.
80.761  Conversion graphs.
80.763  Effective antenna height.
80.765  Effective radiated power.
80.767  Propagation curve.
80.769  Shadow loss.
80.771  Method of computing coverage.
80.773  Co-channel interference protection.

  Subpart Q--Compulsory Radiotelegraph Installations for Vessels 1600 
                               Gross Tons

                          Stations on Shipboard

80.801  Applicability.
80.802  Inspection of station.
80.804  Radio station.
80.805  Radio installations.
80.806  Requirements of main installation.
80.807  Requirements of radiotelephone installation.
80.808  Requirements of reserve installation.
80.809  Routing of power supply wiring.
80.810  Use of reserve installation.
80.811  Tests of reserve installation and automatic-alarm-signal keying 
          device.
80.812  Automatic-alarm-signal keying device.
80.813  Installation of automatic-alarm-signal keying device.
80.814  Radiotelegraph auto alarm.
80.815  Installation of radiotelegraph auto alarm.
80.817  Tests of radiotelegraph auto alarm.
80.818  Direction finding and homing equipment.
80.819  Requirements for radio direction finder.
80.820  Auxiliary receiving antenna.
80.821  Installation of direction finder.
80.822  Contingent acceptance of direction finder calibration.
80.823  Check bearings by authorized ship personnel.
80.824  Homing facility requirements.

[[Page 9]]

80.825  Radar installation requirements and specifications.
80.826  Interior communication systems.
80.827  Requirements for interior communication systems.
80.828  Radiotelegraph station clock.
80.829  Survival craft nonportable radiotelegraph installation.
80.830  Power supply for survival craft nonportable radiotelegraph 
          installation.
80.831  Survival craft portable radiotelegraph equipment.
80.832  Tests of survival craft radio equipment.
80.833  Class S survival craft emergency position indicating 
          radiobeacons (EPIRB's).
80.834  Survival craft portable two-way radiotelephone.
80.835  Ship and survival craft station spare parts, tools, instruction 
          books, circuit diagrams and testing equipment.
80.836  General exemptions.

Subpart R--Compulsory Radiotelephone Installations for Vessels 300 Gross 
                                  Tons

80.851  Applicability.
80.853  Radiotelephone station.
80.854  Radiotelephone installation.
80.855  Radiotelephone transmitter.
80.856  Automatic radiotelephone alarm signal generator.
80.857  Installation of automatic radiotelephone alarm signal generator.
80.858  Radiotelephone receiver.
80.859  Main power supply.
80.860  Reserve power supply.
80.861  Required capacity.
80.862  Proof of capacity.
80.863  Antenna system.
80.864  Emergency electric lights.
80.865  Radiotelephone station clock.
80.866  Spare antenna.
80.867  Ship station tools, instruction books, circuit diagrams and 
          testing equipment.
80.868  Card of instructions.
80.869  Test of radiotelephone station.
80.870  Survival craft radio equipment.
80.871  VHF radiotelephone station.
80.872  The VHF radiotelephone installation.
80.873  VHF radiotelephone transmitter.
80.874  VHF radiotelephone receiver.
80.875  VHF radiotelephone power supply.
80.876  VHF radiotelephone antenna system.
80.877  Controls and indicators required for VHF radiotelephone 
          installation.
80.879  Radar installation requirements and specifications.

 Subpart S--Compulsory Radiotelephone Installations for Small Passenger 
                                  Boats

80.901  Applicability.
80.903  Inspection of radiotelephone installation.
80.905  Vessel radio equipment.
80.907  Principal operating position.
80.909  Radiotelephone transmitter.
80.911  VHF transmitter.
80.913  Radiotelephone receivers.
80.915  Main power supply.
80.917  Reserve power supply.
80.919  Required capacity.
80.921  Proof of capacity.
80.923  Antenna system.
80.925  Electric light.
80.927  Antenna radio frequency indicator.
80.929  Nameplate.
80.931  Test of radiotelephone installation.
80.933  General small passenger vessel exemptions.
80.935  Station clock.

Subpart T--Radiotelephone Installation Required for Vessels on the Great 
                                  Lakes

80.951  Applicability.
80.953  Inspection and certification.
80.955  Radiotelephone installation.
80.956  Required frequencies and uses.
80.957  Principal operating position.
80.959  Radiotelephone transmitter.
80.961  Radiotelephone receiver.
80.963  Main power supply.
80.965  Reserve power supply.
80.967  Antenna system.
80.969  Illumination of operating controls.
80.971  Test of radiotelephone installation.

Subpart U--Radiotelephone Installations Required by the Bridge-to-Bridge 
                                   Act

80.1001  Applicability.
80.1003  Station required.
80.1005  Inspection of station.
80.1007  Bridge-to-bridge radiotelephone installation.
80.1009  Principal operator and operating position.
80.1011  Transmitter.
80.1013  Receiver.
80.1015  Power supply.
80.1017  Antenna system.
80.1019  Antenna radio frequency indicator.
80.1021  Nameplate.
80.1023  Test of radiotelephone installation.

     Subpart V--Emergency Position Indicating Radiobeacons (EPIRB's)

80.1051  Scope.
80.1053  Special requirements for Class A EPIRB stations.
80.1055  Special requirements for Class B EPIRB stations.
80.1057  Special requirements for Class C EPIRB stations.
80.1059  Special requirements for Class S EPIRB stations.
80.1061  Special requirements for 406.025 MHz EPIRBs.

[[Page 10]]

      Subpart W--Global Maritime Distress and Safety System (GMDSS)

                           General Provisions

80.1065  Applicability.
80.1067  Inspection of station.
80.1069  Maritime sea areas.
80.1071  Exemptions.
80.1073  Radio operator requirements for ship stations.
80.1074  Radio maintenance personnel for at-sea maintenance.
80.1075  Radio records.
80.1077  Frequencies.

                Equipment Requirements for Ship Stations

80.1081  Functional requirements.
80.1083  Ship radio installations.
80.1085  Ship radio equipment--General.
80.1087  Ship radio equipment--Sea area A1.
80.1089  Ship radio equipment--Sea areas A1 and A2.
80.1091  Ship radio equipment--Sea areas A1, A2, and A3.
80.1093  Ship radio equipment--Sea areas A1, A2, A3, and A4.
80.1095  Survival craft equipment.
80.1099  Ship sources of energy.
80.1101  Performance standards.
80.1103  Equipment authorization.
80.1105  Maintenance requirements.

       Operating Procedures for Distress and Safety Communications

80.1109  Distress, urgency, and safety communications.
80.1111  Distress alerting.
80.1113  Transmission of a distress alert.
80.1115  Transmission of a distress alert by a station not itself in 
          distress.
80.1117  Procedure for receipt and acknowledgement of distress alerts.
80.1119  Receipt and acknowledgement of distress alerts by coast 
          stations and coast earth stations.
80.1121  Receipt and acknowledgement of distress alerts by ship stations 
          and ship earth stations.
80.1123  Watch requirements for ship stations.
80.1125  Search and rescue coordinating communications.
80.1127  On-scene communications.
80.1129  Locating and homing signals.
80.1131  Transmissions of urgency communications.
80.1133  Transmissions of safety communications.
80.1135  Transmission of maritime safety information.

                Subpart X--Voluntary Radio Installations

                                 General

80.1151  Voluntary radio operations.
80.1153  Station log and radio watches.

                          Voluntary Telegraphy

80.1155  Radioprinter.
80.1157  Facsimile.
80.1159  Narrow-band direct-printing (NB-DP).
80.1161  Emergency position indicating radiobeacon (EPIRB).

                           Voluntary Telephony

80.1165  Assignment and use of frequencies.
80.1169  [Reserved]
80.1171  Assignment and use of frequencies.

                         On-Board Communications

80.1175  Scope of communications of on-board stations.
80.1177  Assignment and use of frequencies.
80.1179  On-board repeater limitations.
80.1181  Station identification.
80.1183  Remote control for maneuvering or navigation.

                        Mobile-Satellite Stations

80.1185  Supplemental eligibility for mobile-satellite stations.
80.1187  Scope of communication.
80.1189  Portable ship earth stations.

                           Radiodetermination

80.1201  Special provisions for cable-repair ship stations.

                Subpart Y--Competitive Bidding Procedures

80.1251  Maritime communications services subject to competitive 
          bidding.
80.1252  Designated entities.

    Authority: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 1082, 
as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless otherwise 
noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 
U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 UST 2377.

    Source: 51 FR 31213, Sept. 2, 1986, unless otherwise noted.



                     Subpart A--General Information

                                 General



Sec. 80.1  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 maritime services in this part are 
promulgated under the provisions of the Communications Act of 1934, as 
amended, which vests authority in the Federal

[[Page 11]]

Communications Commission to regulate radio transmission and to issue 
licenses for radio stations. The rules in this part are in accordance 
wtih applicable statutes, international treaties, agreements and 
recommendations to which the United States is a party. The most 
significant of these documents are listed below with the short title 
appearing in parenthesis:

Communications Act of 1934, as amended--(Communications Act).
Communications Satellite Act of 1962, as amended--(Communications 
Satellite Act).
International Telecommunication Union Radio Regulations, in force for 
the United States--(Radio Regulations).
Agreement Between the United States of America and Canada for the 
Promotion of Safety on the Great Lakes by Means of Radio, as amended, 
and the Technical Regulations annexed thereto--(Great Lakes Radio 
Agreement).
International Convention for Safety of Life at Sea, 1974, as amended, 
and the Annex thereto--(Safety Convention).
Vessel Bridge-to-Bridge Radiotelephone Act--(Bridge-to-Bridge Act).

    (b) Purpose. This part states the conditions under which radio may 
be licensed and used in the maritime services. These rules do not govern 
radio stations operated by agencies of the U.S. Government.



Sec. 80.2  Other regulations that apply.

    The Commandant, U.S. Coast Guard has promulgated regulations which 
affect radiotelecommunication equipment carriage and power source 
installation requirements for certain ships. Inquiries concerning 
applicable U.S. Coast Guard regulations are to addressed to the 
Commandant, U.S. Coast Guard, Washington, DC 20593, or to the nearest 
District Headquarters Office of the U.S. Coast Guard.



Sec. 80.3  Other applicable rule parts of this chapter.

    Other FCC rule parts applicable to licensees in the maritime 
services include the following:
    (a) Part 0. This part describes the Commission's organization and 
delegations of authority. Part 0 also lists available Commission 
publications, standards and procedures for access to Commission records 
and location on Commission monitoring stations.
    (b) Part 1. This part includes rules of practice and procedure for 
license applications, adjudicatory proceedings, procedures for 
reconsideration and review of Commission actions; provisions concerning 
violation notices and forfeiture proceedings; and the environmental 
processing requirements that, if applicable, must be complied with prior 
to the initiation of construction. Subpart Q of Part 1 contains rules 
governing competitive bidding procedures for resolving mutually 
exclusive applications for certain initial licenses.
    (c) Part 2. This part contains the Table of Frequency Allocations 
and special requirements in international regulations, recommendations, 
agreements, and treaties. This part also contain standards and 
procedures concerning marketing of radio frequency devices, and for 
obtaining equipment authorization.
    (d) Part 13. This part contains information and rules for the 
licensing of commercial radio operators.
    (e) Part 17. This part contains requirements for construction, 
marking and lighting of antenna towers.
    (f) Part 20 of this chapter which governs commercial mobile radio 
services which include subpart J of this part (public coast stations).
    (g) Part 21. This part contains rules concerning point-to-point 
microwave service authority relating to communication common carriers.
    (h) Part 64. This part contains miscellaneous rules relating to 
communication common carriers.
    (i) Part 68. This part contains technical standards for connection 
of terminal equipment to the telephone network.
    (j) Part 87. This part contains rules for the aviation services. 
Some maritime frequencies are authorized for use by aircraft stations 
for safety and distress, public correpondence and for operational 
communications.
    (k) Part 94. This part contains rules concerning the private 
microwave service relating to point-to-point communication requirements.

[51 FR 31213, Sept. 2, 1986, as amended at 55 FR 20398, May 16, 1990; 59 
FR 18499, Apr. 19, 1994; 63 FR 40062, July 27, 1998]

[[Page 12]]



Sec. 80.5  Definitions.

    Alaska--public fixed station. A fixed station in Alaska which is 
open to public correspondence and is licensed by the Commission for 
radio communication with Alaska-Private fixed stations on paired 
channels.
    Alaska--private fixed station. A fixed station in Alaska which is 
licensed by the Commission for radio communication within Alaska and 
with associated ship stations, on single frequency channels. Alaska-
private fixed stations are also eligible to communicate with Alaska-
public fixed stations on paired channels.
    Associated ship unit. A portable VHF transmitter for use in the 
vicinity of the ship station with which it is associated.
    Automated maritime telecommunications system (AMTS). An automatic, 
integrated and interconnected maritime communications system.
    Automated mutual-assistance vessel rescue system (AMVER). An 
international system, operated by the U.S. Coast Guard, which provides 
aid to the development and coordination of search and rescue (SAR) 
efforts. Data is made available to recognized SAR agencies or vessels of 
any nation for reasons related to marine safety.
    Bridge-to-bridge station. A radio station located on a ship's 
navigational bridge or main control station operating on a specified 
frequency which is used only for navigational communications, in the 
156-162 MHz band.
    Cargo ship safety radio certificate. A certificate issued after a 
ship passes an inspection of the required radiotelegraph, radiotelephone 
or GMDSS radio installation. Issuance of this certificate indicates that 
the vessel complies with the Communications Act and the Safety 
Convention.
    Cargo ship safety radiotelegraphy certificate. A certificate issued 
after a ship passes an inspection of a radiotelegraph installation. 
Issuance of this certificate indicates that the vessel complies with the 
Communications Act and the Safety Convention.
    Cargo ship safety radiotelephony certificate. A certificate issued 
after a ship passes an inspection of a radiotelephone installation. 
Issuance of this certificate indicates that the vessel complies with the 
Communications Act and the Safety Convention.
    Categories of ships. (1) When referenced in Part II of Title III of 
the Communications Act or the radio provisions of the Safety Convention, 
a ship is a passenger ship if it carries or is licensed or certificated 
to carry more than twelve passengers. A cargo ship is any ship not a 
passenger ship.
    (2) A commercial transport vessel is any ship which is used 
primarily in commerce (i) for transporting persons or goods to or from 
any harbor(s) or port(s) or between places within a harbor or port area, 
or (ii) in connection with the construction, change in construction, 
servicing, maintenance, repair, loading, unloading, movement, piloting, 
or salvaging of any other ship or vessel.
    (3) The term passenger carrying vessel, when used in reference to 
Part III, Title III of the Communications Act of the Great Lakes Radio 
Agreement, means any ship transporting more than six passengers for 
hire.
    (4) Power-driven vessel. Any ship propelled by machinery.
    (5) Towing vessel. Any commercial ship engaged in towing another 
ship astern, alongside or by pushing ahead.
    (6) Compulsory ship. Any ship which is required to be equipped with 
radiotelecommunication equipment in order to comply with the radio or 
radio-navigation provisions of a treaty or statute to which the vessel 
is subject.
    (7) Voluntary ship. Any ship which is not required by treaty or 
statute to be equipped with radiotelecommunication equipment.
    Coast station. A land station in the maritime mobile service.
    Commercial communications. Communications between coast stations and 
ship stations aboard commercial transport vessels, or between ship 
stations aboard commercial transport vessels, which relate directly to 
the purposes for which the ship is used including the piloting of 
vessels, movements of vessels, obtaining vessel supplies, and scheduling 
of repairs.
    Day. (1) Where the word day is applied to the use of a specific 
frequency assignment or to a specific authorized transmitter power, its 
use means

[[Page 13]]

transmission on the frequency assignment or with the authorized 
transmitter power during that period of time included between one hour 
after local sunrise and one hour before local sunset.
    (2) Where the word day occurs in reference to watch requirements, or 
to equipment testing, its use means the calendar day, from midnight to 
midnight, local time.
    Digital selective calling (DSC). A synchronous system developed by 
the International Radio Consultative Committee (CCIR), used to establish 
contact with a station or group of stations automatically by means of 
radio. The operational and technical characteristics of this system are 
contained in CCIR Recommendation 493.
    Direction finder (radio compass). Apparatus capable of receiving 
radio signals and taking bearings on these signals from which the true 
bearing and direction of the point of origin may be determined.
    Distress signal. The distress signal is an internationally 
recognized radiotelegraph or radiotelephone transmission which indicates 
that a ship, aircraft, or other vehicle is threatened by grave and 
imminent danger and requests immediate assistance.
    (1) In radiotelegraphy, the international distress signal consists 
of the group ``three dots, three dashes, three dots'', transmitted as a 
single signal in which the dashes are emphasized so as to be 
distinguished clearly from the dots.
    (2) In radiotelephony, the international distress signal consists of 
the enunciation of the word ``Mayday'', pronounced as the French 
expression ``m'aider''. In case of distress, transmission of this 
particular signal is intended to ensure recognition of a radiotelephone 
distress call by stations of any nationality.
    Distress traffic. All messages relative to the immediate assistance 
required by a ship, aircraft, or other vehicle in distress.
    Emergency position indicating radiobeacon (EPIRB) station. A station 
in the maritime mobile service the emissions of which are intended to 
facilitate search and rescue operations.
    Environmental communications. Broadcasts of information about the 
environmental conditions in which vessels operate, i.e., weather, sea 
conditions, time signals adequate for practical navigation, notices to 
mariners, and hazards to navigation.
    Fleet radio station license. An authorization issued by the 
Commission for two or more ships having a common owner or operator.
    Global maritime distress and safety system (GMDSS). An International 
Maritime Organization (IMO) worldwide coordinated maritime distress 
system designed to provide the rapid transfer of distress messages from 
vessels in distress to units best suited for giving or coordinating 
assistance. The system includes standardized equipment and operational 
procedures, unique identifers for each station, and the integrated use 
of frequency bands and radio systems to ensure the transmission and 
reception of distress and safety calls and messages at short, medium and 
long ranges.
    Great Lakes. This term, used in this part in reference to the Great 
Lakes Radio Agreement, means all of Lakes Ontario, Erie, Huron 
(including Georgian Bay), Michigan, Superior, their connecting and 
tributary waters and the St. Lawrence River as far east as the lower 
exit of the St. Lambert Lock as Montreal in the Province of Quebec, 
Canada, but does not include any connecting and tributary waters other 
than: the St. Marys River, the St. Clair River, Lake St. Clair, the 
Detroit River and the Welland Canal.
    Harbor or port. Any place to which ships may resort for shelter, or 
to load or unload passengers or goods, or to obtain fuel, water, or 
supplies. This term applies to such places whether proclaimed public or 
not and whether natural or artifical.
    Inland waters. This term, as used in reference to waters of the 
United States, its territories and possessions, means waters that lie 
landward of the boundary lines of inland waters as contained in 33 CFR 
part 82, as well as waters within its land territory, such as rivers and 
lakes, over which the United States exercises sovereignty.
    Marine utility station. A station in the maritime mobile service 
consisting of

[[Page 14]]

one or more handheld radiotelephone units licensed under a single 
authorization. Each unit is capable of operation while being hand-
carried by an individual. The station operates under the rules 
applicable to ship stations when the unit is aboard a vessel, and under 
the rules applicable to private coast stations when the unit is on land.
    Maritime control communications. Communications between private 
coast and ship stations or between ship stations licensed to a state or 
local governmental entity, which relate directly to the control of 
boating activities or assistance to ships.
    Maritime mobile repeater station. A land station at a fixed location 
established for the automatic retransmission of signals to extend the 
range of communication of ship and coast stations.
    Maritime mobile-satellite service. A mobile-satellite service in 
which mobile earth stations are located on board ships. Survival craft 
stations and EPIRB stations may also participate in this service.
    Maritime mobile service. A mobile service between coast stations and 
ship stations, or between ship stations, or between associated on-board 
communication stations. Survival craft stations and EPIRB stations also 
participate in this service.
    Maritime mobile service identities. An international system for the 
identification of radio stations in the maritime mobile service. The 
system is comprised of a series of nine digits which are transmitted 
over the radio path to uniquely identify ship stations, ship earth 
stations, coast stations, coast earth stations and groups of stations.
    Maritime radiodetermination service. A maritime radiocommunication 
service for determining the position, velocity, and/or other 
characteristics of an object, or the obtaining of information relating 
to these parameters, by the propagation properties of radio waves.
    Maritime support station. A station on land used in support of the 
maritime services to train personnel and to demonstrate, test and 
maintain equipment.
    Navigable waters. This term, as used in reference to waters of the 
United States, its territories and possessions, means the waters 
shoreward of the baseline of its territorial sea and internal waters as 
contained in 33 CFR 2.05-25.
    Navigational communications. Safety communications pertaining to the 
maneuvering of vessels or the directing of vessel movements. Such 
communications are primarily for the exchange of information between 
ship stations and secondarily between ship stations and coast stations.
    Noncommercial communications. Communication between coast stations 
and ship stations other than commercial transport ships, or between ship 
stations aboard other than commercial transport ships which pertain to 
the needs of the ship.
    Non-selectable transponder. A transponder whose coded response is 
displayed on any conventional radar operating in the appropriate band.
    On-board communication station. A low-powered mobile station in the 
maritime mobile service intended for use for internal communications on 
board a ship, or between a ship and its lifeboats and liferafts during 
lifeboat drills or operations, or for communication within a group of 
vessels being towed or pushed, as well as for line handling and mooring 
instructions.
    On-board repeater. A radio station that receives and automatically 
retransmits signals between on-board communication stations.
    Open sea. The water area of the open coast seaward of the ordinary 
low-water mark, or seaward of inland waters.
    Operational fixed station. A fixed station, not open to public 
correspondence, operated by entities that provide their own 
radiocommunication facilities in the private land mobile, maritime or 
aviation services.
    Passenger ship safety certificate. A certificate issued by the 
Commandant of the Coast Guard after inspection of a passenger ship which 
complies with the requirements of the Safety Convention.
    Pilot. Pilot means a Federal pilot required by 46 U.S.C. 764, a 
state pilot required under the authority of 46 U.S.C. 211, or a 
registered pilot required by 46 U.S.C. 216.
    Port operations communications. Communications in or near a port, in 
locks or in waterways between coast stations

[[Page 15]]

and ship stations or between ship stations, which relate to the 
operational handling, movement and safety of ships and in emergency to 
the safety of persons.
    Portable ship station. A ship station which includes a single 
transmitter intended for use upon two or more ships.
    Private coast station. A coast station, not open to public 
correspondence, which serves the operational, maritime control and 
business needs of ships.
    Public coast station. A coast station that offers radio 
communication common carrier services to ship radio stations.
    Public correspondence. Any telecommunication which the offices and 
stations must, by reason of their being at the disposal of the public, 
accept for transmission.
    Radar beacon (RACON). A receiver-transmitter which, when triggered 
by a radar, automatically returns a distinctive signal which can appear 
on the display of the triggering radar, providing range, bearing and 
identification information.
    Radioprinter operations. Communications by means of a direct 
printing radiotelegraphy system using any alphanumeric code, within 
specified bandwidth limitations, which is authorized for use between 
private coast stations and their associated ship stations on vessels of 
less than 1600 gross tons.
    Safety communication. The transmission or reception of distress, 
alarm, urgency, or safety signals, or any communication preceded by one 
of these signals, or any form of radiocommunication which, if delayed in 
transmission or reception, may adversely affect the safety of life or 
property.
    Safety signal. (1) The safety signal is the international 
radiotelegraph or radiotelephone signal which indicates that the station 
sending this signal is preparing to transmit a message concerning the 
safety of navigation or giving important meteorological warnings.
    (2) In radiotelegraphy, the international safety signals consists of 
three repetitions of the group ``TTT'', sent before the call, with the 
letters of each group and the successive groups clearly separated from 
each other.
    (3) In radiotelephony, the international safety signal consists of 
three oral repetitions of ``Security'', pronounced as the French word 
``Securite'', sent before the call.
    Selectable transponder. A transponder whose coded response may be 
inhibited or displayed on a radar on demand by the operator of that 
radar.
    Selective calling. A means of calling in which signals are 
transmitted in accordance with a prearranged code to operate a 
particular automatic attention device at the station whose attention is 
sought.
    Ship earth station. A mobile earth station in the maritime mobile-
satellite service located on board ship.
    Ship or vessel. Ship or vessel includes every description of 
watercraft or other artificial contrivance, except aircraft, capable of 
being used as a means of transportation on water whether or not it is 
actually afloat.
    Ship radio station license. An authorization issued by the 
Commission to operate a radio station onboard a vessel.
    Ship station. A mobile station in the maritime mobile service 
located on-board a vessel which is not permanently moored, other than a 
survival craft station.
    Station. One or more transmitters or a combination of transmitters 
and receivers, including the accessory equipment, necessary at one 
location for carrying on radiocommunication services.
    Survival craft station. A mobile station in the maritime or 
aeronautical mobile service intended solely for survival purposes and 
located on any lifeboat, liferaft or other survival equipment.
    Underway. A vessel is underway when it is not at anchor, made fast 
to the shore, or aground.
    Urgency signal. (1) The urgency signal is the international 
radiotelegraph or radiotelephone signal which indicates that the calling 
station has a very urgent message to transmit concerning the safety of a 
ship, aircraft, or other vehicle, or of some person on board or within 
sight.

[[Page 16]]

    (2) In radiotelegraphy, the international urgency signal consists of 
three repetitions of the group ``XXX'', sent before the call, with the 
letters of each group and the successive groups clearly separated from 
each other.
    (3) In radiotelephony, the international urgency signal consists of 
three oral repetitions of the group of words ``PAN PAN'', each word of 
the group pronounced as the French word ``PANNE'' and sent before the 
call.
    Vessel traffic service (VTS). A U.S. Coast Guard traffic control 
service for ships in designated water areas to prevent collisions, 
groundings and environmental harm.
    Watch. The act of listening on a designated frequency.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 7417, Mar. 11, 1987; 52 
FR 35244, Sept. 18, 1987; 56 FR 3783, Jan. 31, 1991; 57 FR 26778, June 
16, 1992; 58 FR 16504, Mar. 29, 1993; 60 FR 35510, July 10, 1995; 63 FR 
29658, June 1, 1998]



                  Subpart B--Applications and Licenses



Sec. 80.11  Scope.

    This subpart contains the procedures and requirements for the filing 
of applications for licenses to operate radio facilities in the maritime 
services. Part 1 of the Commission's rules contains the general rules of 
practice and procedure applicable to proceedings before the FCC.



Sec. 80.13  Station license required.

    (a) Except as noted in paragraph (c) of this section, stations in 
the maritime service must be licensed by the FCC either individually or 
by fleet.
    (b) One ship station license will be granted for operation of all 
maritime services transmitting equipment on board a vessel. 
Radiotelegraph and narrow-band directing-printing equipment will not be 
authorized, however, unless specifically requested by the applicant.
    (c) A ship station is licensed by rule and does not need an 
individual license issued by the FCC if the ship station is not subject 
to the radio equipment carriage requirements any statute, treaty or 
agreement to which the United States is signatory, the ship station does 
not travel to foreign ports, and the ship station does not make 
international communications. A ship station licensed by rule is 
authorized to transmit radio signals using a marine radio operating in 
the 156-162 MHz band, any type of EPIRB, and any type of radar 
installation. All other transmissions must be authorized under a ship 
station license. Even though an individual license is not required, a 
ship station licensed by rule must be operated in accordance with all 
applicable operating requirements, procedures, and technical 
specifications found in this part.

[61 FR 58010, Nov. 12, 1996, as amended at 62 FR 40304, July 28, 1997]



Sec. 80.15  Eligibility for station license.

    (a) General. A station license cannot be granted to or held by a 
foreign government or its representative.
    (b) Public coast stations and Alaska-public fixed stations. A 
station license for a public coast station or an Alaska-public fixed 
station cannot be granted to or held by:
    (1) Any alien or the representative of any alien;
    (2) Any foreign government or its representative;
    (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 its representative, or by a 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 its representatives, 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) Private coast and marine utility stations. The supplemental 
eligibility requirements for private coast and marine utility stations 
are contained in Sec. 80.501(a).
    (d) Ship stations. A ship station license may only be granted to:

[[Page 17]]

    (1) The owner or operator of the vessel;
    (2) A subsidiary communications corporation of the owner or operator 
of the vessel;
    (3) A State or local government subdivision; or
    (4) Any agency of the U.S. Government subject to section 301 of the 
Communications Act.
    (e) EPIRB stations. (1) New class C EPIRB stations will not be 
authorized after February 1, 1995. Class C EPIRB stations installed and 
licensed before February 1, 1995, will be authorized until February 1, 
1999:
    (i) For use on board vessels operating within 32 kilometers 
(approximately 20 miles) of shore and in the Great Lakes, or
    (ii) On passenger and cargo vessels with survival craft as required 
or recommended by the U.S. Coast Guard.
    (2) Class A or B EPIRB stations will be authorized for use on board 
the following types of vessels:
    (i) Vessels authorized to carry survival craft; or
    (ii) Vessels expected to travel in waters beyond the range of marine 
VHF distress coverage which is generally considered to be more than 32 
kilometers (approximately 20 miles) offshore; or
    (iii) Vessels required to be fitted with EPIRB's to comply with U.S. 
Coast Guard regulations.
    (3) A 406.025 MHz EPIRBs may be used by any ship required by U.S. 
Coast Guard regulations to carry an EPIRB or by any ship that is 
equipped with a VHF ship radio station.

[51 FR 31213, Sept. 2, 1986, as amended at 53 FR 37308, Sept. 26, 1988; 
58 FR 33344, June 17, 1993; 61 FR 55581, Oct. 28, 1996]



Sec. 80.17  Administrative classes of stations.

    (a) Stations in the Maritime Mobile Service are licensed according 
to class of station as follows:
    (1) Public coast stations.
    (2) Private coast stations.
    (3) Maritime support stations.
    (4) Ship stations. The ship station license may include authority to 
operate other radio station classes aboard ship such as; 
radionavigation, on-board, satellite, EPIRB, radiotelephone, 
radiotelegraph and survival craft.
    (5) Marine utility stations.
    (b) Stations on land in the Maritime Radiodetermination Service are 
licensed according to class of station as follows:
    (1) Shore radiolocation stations.
    (2) Shore radionavigation stations.
    (c) Fixed stations in the Fixed Service associated with the maritime 
services are licensed as follows:
    (1) Operational fixed stations.
    (2) Alaska-public fixed stations.
    (3) Alaska-private fixed stations.



Sec. 80.19  Standard forms to be used.

    The following table indicates the correct standard form or other 
means to be used when submitting an application. Forms may be obtained 
from the Commission at Gettysburg, PA 17325, Washington, DC 20554 or any 
of its District Offices.

----------------------------------------------------------------------------------------------------------------
           Class of station(s)                   Application for                          Use
----------------------------------------------------------------------------------------------------------------
Ship.....................................  New license...............  FCC Form 506.
                                           Renewal of license without  FCC Form 405-B.
                                            modification.
                                           Renewal of license with     FCC Form 506.
                                            modification.
                                           Modification of license...  FCC Form 506.
                                           Temporary operating         FCC Form 506-A.
                                            authority in conjunction
                                            with application for a
                                            new license or
                                            modification of license.
                                           Exemption.................  FCC Form 820.
                                           Special temporary           Letter/Telegram.
                                            authority.
                                           Transfer of control of      FCC Form 703.
                                            corporation.
 
----------------------------------------------------------------------------------------------------------------
Public coast.............................  New license...............  FCC Form 503.
Private coast............................  Modification of license...  FCC Form 503.
Operational fixed........................  Renewal of license with     FCC Form 503.
                                            modification.
Shore radionavigation....................  Assignment of               FCC Forms 1046 and 503.
                                            authorization.
Shore radiolocation......................  Transfer of Control of      FCC Form 703.
                                            Corporation.
Maritime support.........................  Renewal of license without  FCC Form 452-R
                                            modification.
Alaska-public fixed......................  Special temporary           Letter/Telegram.
                                            authority.

[[Page 18]]

 
Alaska-private fixed
Marine utility
----------------------------------------------------------------------------------------------------------------


[51 FR 31213, Sept. 2, 1986, as amended at 56 FR 64715, Dec. 12, 1991; 
63 FR 29658, June 1, 1998]



Sec. 80.21  Supplemental information required.

    Applications for radio stations to be located within designated 
radio protection areas, radio stations with a proposed antenna structure 
which will require antenna markings, a new public coast stations 
proposing operations in the 156-162 MHz band and new ship stations on 
vessels not located in the United States must contain supplementary 
information as indicated in this section. Other supplemental information 
may be required by other rule sections of this part concerning 
particular maritime services.
    (a) To minimize harmful interference at the National Radio Astronomy 
Observatory site at Green Bank, Pocahontas County, WV, and at the Naval 
Radio Research Observatory site at Sugar Grove, Pendleton County, WV, an 
applicant for a new station authorization (other than mobile or 
temporary fixed), or for modification of an existing license to change 
the frequency, power, antenna location, height or directivity 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, must, at the 
time of filing such application with the Commission, notify the 
Director, National Radio Astronomy Observatory, Attn: Interference 
Office, Post Office Box No. 2, Green Bank, WV 24944, in writing, of the 
geographical coordinates of the antenna, antenna height, antenna 
directivity if any, proposed frequency, type of emission, and power. The 
application must show the date notification was made to the Observatory. 
The Commission will allow twenty (20) days after receipt of the 
notification for comments or objections. If a timely objection is 
received, the Commission will consider the comments or objections and 
act appropriately.
    (b) Protection for Federal Communications Commission monitoring 
stations:
    (1) Geographical coordinates of FCC facilities which require 
protection are listed in Sec. 0.121(c) of this chapter. Applications for 
stations (except mobile stations) which will be located within 80 km (50 
miles) of the referenced coordinates are examined to determine extent of 
possible interference. A clause protecting the monitoring station may be 
added to the station license.
    (2) Prospective applicants of stations for which the calculated 
value of expected field strength exceeds 10 mV/m (-65.8 dBW/
m2) at the referenced coordinates, should consult with the 
FCC to determine if any protection is necessary. Write:

    Chief, Compliance and Information Bureau, Federal Communications 
Commission, Washington, DC 20554.

    (c) Each application for a new public coast station operating on 
frequencies in the band 156-162 MHz must include as supplementary 
information a chart, with supporting data, showing the service area 
contour computed in accordance with subpart P of this part.
    (d) Each application for a new public coast station operating on 
frequencies in the band 156-162 MHz to be located within the 
coordination boundaries of ``Arrangement ``A'' of the Canada/U.S.A. 
Frequency Coordination Agreement above 30 MHz'', must comply with the 
provisions of the ``Canada/U.S.A. Channeling Agreement for VHF Maritime, 
Public Correspondence'' as contained in Sec. 80.57.
    (e) An application for a new station on a vessel not located in the 
United States must include:
    (1) A statement that the vessel is not documented or otherwise 
registered by any foreign authority; and
    (2) A statement that the foreign authorities where the vessel is 
located will not or cannot license the vessel radio equipment, or that 
they do not object to the licensing of the equipment by the United 
States.

[[Page 19]]

    (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 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.

[51 FR 31213, Sept. 2, 1986, as amended at 60 FR 50122, Sept. 28, 1995; 
62 FR 55533, Oct. 27, 1997]



Sec. 80.23  Filing of applications.

    Rules about the filing of applications for radio station licenses 
are contained in this section. Applications requiring fees as set forth 
in part 1, subpart G of this chapter must be filed with the Federal 
Communications Commission in accordance with Sec. 1.1102 of the Rules.
    (a) Each application must specify an address in the United States to 
be used by the Commission in serving documents or directing 
correspondence to the licensee.
    (b) An original of each application must be filed.
    (c) One application for two or more new maritime utility stations 
may be submitted when the applicant and proposed area of operation for 
each station is the same.
    (d) One application for transfer of control may be submitted for two 
or more stations subject to this part when the individual stations are 
clearly identified and the following elements are the same for all 
existing or requested station authorizations involved:
    (1) Applicant;
    (2) Specific details of basic request.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 10231, Mar. 31, 1987; 
57 FR 26778; June 16, 1992]



Sec. 80.25  License term.

    (a) Licenses for ship stations in the maritime services will 
normally be issued for a term of ten years from the date of original 
issuance, major modification, or renewal. Licensees may apply for 
renewal of the station license up to ninety (90) days after the date the 
license expires.
    (b) Licenses other than ship stations in the maritime services will 
normally be issued for a term of five years from the date of original 
issuance, major modification, or renewal, except that licenses for VHF 
public coast stations will normally be issued for a term of ten years 
from the date of original

[[Page 20]]

issuance, major modification, or renewal. Licenses, other than Public 
Coast and Alaska Public Fixed stations, may be renewed up to ninety (90) 
days after the date the license expires.
    (c) Licenses for stations engaged in developmental operation will be 
issued for a period not to exceed one year from date of grant.

[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 68062, Dec. 23, 1993; 
62 FR 40304, July 28, 1997; 63 FR 40062, July 27, 1998]



Sec. 80.29  Changes during license term.

    (a) The following table indicates the required action for changes 
made during the license term:

------------------------------------------------------------------------
              Type of change                       Required action
------------------------------------------------------------------------
Mailing address...........................  Written notice to the
                                             Commission.
Name of licensee (without change in         Written notice to the
 ownership, control or corporate             Commission.
 structure).
Transfer of control of a corporation......  Comply with Sec.  1.924 of
                                             this chapter.
Assignment of a radio station license.....  Comply with Sec.  1.924 of
                                             this chapter.
Name of the vessel........................  Written notice to the
                                             Commission.
Addition of transmitting equipment which    Application for modification
 operates on a frequency or frequency band   of license.
 not authorized on present license.
Addition or replacement of transmitting     None (provided the equipment
 equipment on a frequency or frequency       is properly authorized and
 band authorized on present license.         the emission
                                             characteristics remain the
                                             same).
Increased number of mobiles (AMTS)........  Written notice to the
                                             Commission.
------------------------------------------------------------------------

    (b) Written notices must be sent to the Federal Communications 
Commission, Gettysburg, PA 17325.

[51 FR 31213, Sept. 2, 1986, as amended at 56 FR 3783, Jan. 31, 1991; 63 
FR 36606, July 7, 1998]

    Effective Date Note:  At 63 FR 36606, July 7, 1998, Sec. 80.29, the 
table in paragraph (a) was amended by removing the term ``type-
accepted'' and adding in its place ``authorized'' in the second column, 
effective Oct. 5, 1998.



Sec. 80.31  Cancellation of license.

    When a station subject to this part which is not a communication 
common carrier permanently discontinues operation, the licensee must 
return the station license to the Commission's office at P.O. Box 1040, 
Gettysburg, PA 17325, for cancellation. Communication common carrier 
stations subject to this part must comply with the discontinuance of 
service provisions of part 63 of this chapter.



Sec. 80.33  Developmental license.

    This section contains rules about the licensing of developmental 
operations at stations subject to this part.
    (a) Supplemental eligibility. An authorization for developmental 
operation will be issued only to persons eligible to operate such 
stations on a regular basis.
    (b) Showing required. Each application for a developmental license 
must be accompanied by a letter showing that:
    (1) The applicant has an organized plan of development leading to an 
objective;
    (2) A point has been reached in the program where actual 
transmission by radio is essential to progress;
    (3) The program will contribute to the use of the radio services 
subject to this part;
    (4) The program will be conducted by qualified personnel;
    (5) The applicant is legally qualified and possesses technical 
facilities for conduct of the program as proposed; and
    (6) The public interest, convenience and necessity will be served by 
the proposed operation.
    (c) Signature and statement of understanding. The showing must be 
signed by the applicant and state that the applicant agrees that any 
developmental license issued will be accepted with the express 
understanding that it is subject to change in any of its terms or to 
cancellation in its entirety at any time, upon reasonable notice but 
without a hearing, if, in the opinion of the Commission, circumstances 
should so require.
    (d) Assignable frequencies. Applicants for a developmental license 
may be authorized to use a frequency or frequencies available for the 
service and class of station proposed. The number of frequencies 
assignable to a particular station will depend upon the specific 
requirements of the developmental program and the number of frequencies 
available for use in the area where the station is to be operated.

[[Page 21]]

    (e) Developmental program. (1) The developmental program as 
described by the applicant in the application for authorization must be 
substantially followed unless the Commission otherwise directs.
    (2) Where some phases of the developmental program are not covered 
by the general rules of the Commission and the rules in this part, the 
Commission may specify supplemental or additional requirements or 
conditions.
    (3) The Commission may, from time to time, require a station engaged 
in developmental work to conduct special tests which are reasonable to 
the authorized developmental program.
    (f) Use of developmental stations. (1) Stations authorized to 
conduct developmental operations must conform to all applicable 
technical and operating requirements contained in this part, unless a 
waiver is specifically provided in the station authorization.
    (2) Communication with any station of a country other than the 
United States is prohibited unless specifically provided in the station 
authorization.
    (3) Developmental operations must not cause harmful interference to 
the operation of stations regularly authorized to use the frequency or 
frequencies.
    (g) Report of operation required. A report on the results of the 
developmental program must be filed within 60 days of the expiration of 
the license. A report must accompany a request for renewal of the 
license. Matters which the applicant does not wish to disclose publicly 
may be so labeled; they will be used solely for the Commission's 
information. However, public disclosure is governed by Sec. 0.467 of 
this chapter. The report must include the following:
    (1) Results of operation to date.
    (2) Analysis of the results obtained.
    (3) Copies of any published reports.
    (4) Need for continuation of the program.
    (5) Number of hours of operation on each authorized frequency during 
the term of the license to the date of the report.



Sec. 80.37  One authorization for a plurality of stations.

    Marine utility stations. One station license may be issued to 
authorize a designated maximum number of marine utility stations 
operating at temporary unspecified locations, normally in multiples of 
ten stations when:
    (a) The licensee of each station is the same; and
    (b) The authorized area of operation of each station is the same.



Sec. 80.39  Authorized station location.

    This section describes the circumstances under which a coast station 
location is classified as permanent or temporary unspecified.
    (a) Permanent. Whenever a station is to transmit from a single 
location, the station location is permanent and the location must be 
shown on the application.
    (b) Temporary unspecified. Whenever a station is to transmit from 
unspecified locations within a prescribed geographical area, the station 
location is temporary unspecified and the proposed geographical 
operating area must be shown on the application.



Sec. 80.41  Control points and dispatch points.

    This section applies to coast or fixed stations at permanent 
locations.
    (a) Applicants must provide the address or location of the control 
point where station records will be kept.
    (b) When the address or location of a control point where station 
records are kept is to be changed, the licensee must request a 
modification of the station license.
    (c) Control points not collocated with station records and dispatch 
points may be installed and used without obtaining any authorization 
from the Commission.



Sec. 80.43  Equipment acceptable for licensing.

    Transmitters listed in Sec. 80.203 must be authorized for a 
particular use by the Commission based upon technical requirements 
contained in subparts E and F of this part.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 36606, July 7, 1998]

    Effective Date Note: At 63 FR 36606, July 7, 1998, Sec. 80.43 was 
amended by removing the term ``type accepted'' and adding in its place 
``authorized''; effective Oct. 5, 1998.

[[Page 22]]



Sec. 80.45  Frequencies.

    When an application is submitted on FCC Form 503, the applicant must 
propose frequencies to be used by the station. The applicant must ensure 
that frequencies requested are consistent with the applicant's 
eligibility, the proposed class of station operation and the frequencies 
available for assignment as contained in subpart H of this part.



Sec. 80.47  Operation during emergency.

    A station may be used for emergency communications when normal 
communication facilities are disrupted. The Commission may order the 
discontinuance of any such emergency communication service.



Sec. 80.49  Construction and regional service requirements.

    (a) Public coast stations. (1) Each VHF public coast station 
geographic area licensee must make a showing of substantial service 
within its region or service area (subpart P) within five years of the 
initial license grant, and again within ten years of the initial license 
grant, or the authorization becomes invalid and must be returned to the 
Commission for cancellation. ``Substantial'' service is defined as 
service which is sound, favorable, and substantially above a level of 
mediocre service which just might minimally warrant renewal. For site-
based VHF public coast station licensees, when a new license has been 
issued or additional operating frequencies have been authorized, if the 
station or frequencies authorized have not been placed in operation 
within twelve months from the date of the grant, the authorization 
becomes invalid and must be returned to the Commission for cancellation.
    (2) For LF, MF, HF, and AMTS band public coast station licensees, 
when a new license has been issued or additional operating frequencies 
have been authorized, if the station or frequencies authorized have not 
been placed in operation within eight months from the date of the grant, 
the authorization becomes invalid and must be returned to the Commission 
for cancellation.
    (b) Public fixed stations. When a new license has been issued or 
additional operating frequencies have been authorized, if the station or 
frequencies authorized have not been placed in operation within twelve 
months from the date of the grant, the authorization becomes invalid and 
must be returned to the Commission for cancellation.

[63 FR 40062, July 27, 1998]



Sec. 80.51  Ship earth station licensing.

    (a) In cases where a ship earth station is required to be 
commissioned before it is certified to use a privately owned satellite 
system, FCC Form 506 must be submitted to the Commission prior to 
transmission on any of the satellite frequency bands allocated for 
maritime satellite communications.
    (b) A ship earth station authorized to operate the INMARSAT space 
segment must display the Commission license in conjunction with the 
commissioning certificate issued by the INMARSAT Organization. Ship 
earth stations that were operating in the MARISAT system and are not 
commissioned by the INMARSAT Organization will continue to be used in 
the INMARSAT system without a commissioning certificate issued by the 
INMARSAT Organization. The continued use of such equipment, however, 
will not be permitted after September 1, 1991, unless a commissioning 
certificate is obtained from the INMARSAT Organization. Notwithstanding 
the requirements in this paragraph, ship earth stations can operate in 
the INMARSAT space segment without an INMARSAT issued commissioning 
certificate provided an appropriate written approval is obtained from 
the INMARSAT Organization in addition to the Commission's license.



Sec. 80.53  Application for a portable ship station license.

    (a) The Commission may grant a license permitting operation of a 
portable ship station aboard different vessels of the United States. 
Each application for a portable ship station must include a showing 
that:
    (1) The station will be operated as an established class of station 
on board ship, and
    (2) A station license for portable equipment is necessary to 
eliminate frequent application to operate a ship station on board 
different vessels.

[[Page 23]]

    (b) [Reserved]



Sec. 80.54  Automated Maritime Telecommunications System (AMTS)--System Licensing.

    AMTS licensees will be issued blanket authority for a system of 
coast stations and mobile units (subscribers). AMTS applicants will 
specify the maximum number of mobile units to be placed in operation 
during the license period.

[56 FR 3783, Jan. 31, 1991]



Sec. 80.55  Application for a fleet station license.

    (a) An applicant may apply for licenses for two or more 
radiotelephone stations aboard different vessels on the same 
application. Under these circumstances a fleet station license may be 
issued for operation of all radio stations aboard the vessels in the 
fleet.
    (b) The fleet station license is issued on the following conditions:
    (1) The licensee must keep a current list of vessel names and 
registration numbers authorized by the fleet license;
    (2) The vessels do not engage in voyages to any foreign country;
    (3) The vessels are not subject to the radio requirements of the 
Communications Act or the Safety Convention.



Sec. 80.56  Transfer of ship station license prohibited.

    A ship station license may not be assigned. Whenever the vessel 
ownership is transferred, the previous authorization must be forwarded 
to the Commission for cancellation. The new owner must file for a new 
authorization.



Sec. 80.57  Canada/U.S.A. channeling arrangement for VHF maritime public correspondence.

    (a) Canada/U.S.A. arrangement. Pursuant to arrangements between the 
United States and Canada, assignment of VHF frequencies in the band 156-
162 MHz to public coast stations in certain areas of Washington state, 
the Great Lakes and the east coast of the United States must be made in 
accordance with the provisions of this section.
    (b) Definitions. On the west coast, specific terms are defined as 
follows:
    (1) Inland Waters Public Correspondence Sector. A distinct 
geographical area in which one primary and one supplementary channel is 
allotted. A number of local channels may also be authorized.
    (2) Coastal Waters Public Correspondence Sector. A distinct 
geographical area in which one primary and one supplementary channel is 
allotted. Local channels may also be authorized.
    (3) Inland Waters. Inland waters of western Washington and British 
Columbia bounded by 47 degrees latitude on the south, the Canada/U.S.A. 
Coordination Zone Line B on the north, and to the west by 124 degrees 40 
minutes longitude at the west entrance to the Strait of Juan de Fuca.
    (4) Coastal Waters. Waters along the Pacific Coast of Washington 
state and Vancouver Island within the Canada/U.S.A. Coordination Zone.
    (5) Inland Waters Primary Channel. A channel intended to cover the 
greater portion of an Inland Waters Public Correspondence Sector. It may 
provide some coverage to an adjacent sector but must not provide 
coverage beyond the adjacent sector. Harmful interference beyond the 
adjacent sector must not occur. Only one primary channel will be 
authorized in any sector.
    (6) Inland Waters Supplementary Channel. A channel intended to 
improve coverage within a sector or to relieve traffic congestion on the 
primary channel. It may provide some coverage of an adjacent sector but 
must not provide coverage beyond the adjacent sector. Harmful 
interference beyond the adjacent sector must not occur. Only one 
supplementary channel will be authorized in any sector.
    (7) Inland Waters Local Channel. A channel designed to provide local 
coverage of certain bays, inlets and ports where coverage by primary or 
supplementary channels is poor or where heavy traffic loading warrants. 
A local channel must not cause harmful interference to any primary or 
supplementary channels. Coverage must be confined to the designated 
sector.
    (8) Coastal Waters Primary Channel. Same as (5) except for technical 
characteristics.

[[Page 24]]

    (9) Coastal Waters Supplementary Channel. Same as (6) except for 
technical characteristics.
    (10) Coastal Waters Local Channel. Same as (7) except for technical 
characteristics.
    (c) Technical characteristics. On the west coast, technical 
characteristics of public correspondence stations will be as follows:
    (1) Inland Waters Primary and Supplementary Channels. The effective 
radiated power (ERP) must not exceed 60 watts. Antenna height must not 
exceed 152 meters (500 feet) above mean sea level (AMSL) with the 
exceptions noted in paragraph (d)(5) of this section.
    (2) Inland Waters Local Channel. ERP must not exceed 8 watts with an 
antenna height of no more than 15 meters (50 feet) AMSL or the ERP must 
not exceed 2 watts with an antenna height of no more than 30 meters (100 
feet) AMSL.
    (3) Coastal Waters Primary and Supplementary Channels. ERP must not 
exceed 125 watts with no antenna restrictions.
    (4) Coastal Waters Local Channel. ERP must not exceed 10 watts with 
a maximum antenna height of 76 meters (250 feet) AMSL.
    (5) Harmful interference will be determined and resolved using the 
definition and procedures of the ITU Radio Regulations.
    (6) To keep the ERP and antenna elevations at a minimum and to limit 
coverage to the desired areas, an informal application may be filed for 
special temporary authority in accordance with Secs. 1.41 and 1.925 to 
conduct a field survey to obtain necessary data for informal 
application. Such data may accompany the application and be used in lieu 
of theoretical calculations as required in subpart P of this part. The 
Seattle FCC District Office must be notified in advance of scheduled 
tests.
    (d) Canada/U.S.A. channeling arrangement for West Coast VHF maritime 
mobile public correspondence. (1) The provisions of the Canada/U.S. 
channeling arrangement apply to waters of the State of Washington and of 
the Province of British Columbia within the coordination boundaries of 
``Arrangement A'' of the Canada/U.S.A. Frequency Coordination Agreement 
above 30 MHz. In addition, all inland waters as far south as Olympia are 
to be included. A map of these waters is contained in paragraph (d)(6) 
of this section, Figure 1.
    (2) The channeling arrangement applies to the following VHF public 
correspondence channels: Channels 24, 84, 25, 85, 26, 86, 27, 87 and 28.
    (3) Public correspondence stations may be established by either 
country in accordance with the provisions of the arrangements. However, 
there must be an exchange of information prior to the establishment of 
new stations or a change in technical parameters of existing stations. 
Any channel except that used as primary or supplementary channel in a 
given sector is available for use as a local channel in that sector. 
Local channels are not protected from interference caused by primary or 
supplementary channels in adjacent sectors if these stations are in 
compliance with this section.
    (4) Preliminary local Canadian/U.S. coordination is required for all 
applications at variance with this section. This coordination will be in 
accordance with the provisions of Arrangement ``A'' of the Canada/U.S. 
Frequency Coordination Agreement over 30 MHz. Stations at variance with 
the arrangement are not protected from interference and must not cause 
interference to existing or future stations which are in accordance with 
the agreement.
    (5) Stations in existence at the time of the arrangement must have 
complied with the provisions of the arrangement within 12 months after 
it became effective with the following exceptions:
    (i) Public coast (VHF) stations:

KOH627 Tacoma, Washington
KOH630 Seattle, Washington
WXY956 Camano, Washington
VAI2 Mount Parke, British Columbia
VAS5 Watts Point, British Columbia
XLK672 Bowen Island, British Columbia

    (ii) These stations employing frequencies assigned at the time of 
the arrangement may be maintained with existing antenna heights in 
excess of 152 meters (500 feet) unless harmful interference to existing 
stations is identified and reported directly to the Federal 
Communications Commission or

[[Page 25]]

through the Public Correspondence Committee of the North Pacific Marine 
Radio Council.
    (6) The agreed channeling arrangements for the west coast are as 
follows:

------------------------------------------------------------------------
                                                 Primary   Supplementary
         Public correspondence sector            channel      channel
------------------------------------------------------------------------
British Columbia (Coastal Waters):
    Tofino...................................      24            26
    Barkley Sound............................      27            87
British Columbia (Inland Waters)
    Juan de Fuca West (Canada)...............      26            24
    Juan de Fuca East (Canada)...............      86            84
    Gulf Islands.............................      27           \1\
    Strait of Georgia South..................      26            86
    Howe Sound...............................      24            84
    Strait of Georgia North..................      26            87
    Campbell River...........................      28            85
Washington (Coastal Waters):
    Cape Johnson.............................      26            85
    Point Grenville..........................      28            25
Washington (Inland Waters):
    Juan de Fuca West (U.S.A.)...............      28           \1\
    Juan de Fuca East (U.S.A.)...............      25           \1\
    San Juan Islands.........................      28            85
    Puget Sound North........................      24            87
    Puget Sound Hood Canal...................      26            25
    Lower Puget Sound........................      28            85
------------------------------------------------------------------------
\1\ Supplementary channel not available.


[[Page 26]]

[GRAPHIC] [TIFF OMITTED] TC02AP91.000

    (e) Canada/U.S.A. VHF channeling arrangement on the Great Lakes and 
the St. Lawrence Seaway. Channels on the Great Lakes and the St. 
Lawrence Seaway will be assigned as follows:
    (1) The provisions of the arrangement apply to the waters of the 
Great Lakes and the St. Lawrence Seaway within the coordination 
boundaries of ``Arrangement A'' of the Canada/U.S.A. Frequency 
Coordination Agreement above 30 MHz.
    (2) The arrangement applies to the following public correspondence 
channels: Channels 24, 84, 25, 85, 26, 86, 27, 87, 28, and 88.
    (3) Canada and the U.S.A. use the following channeling arrangement:

[[Page 27]]

    (i) Canadian channels: 24, 85, 27, 88 (Note 1).
    (ii) U.S.A. channels: 84, 25, 86, 87, 28 (Note 2).
    (iii) Shared channels: 26 (Note 3).
    Notes: 1. Also assignable to U.S. Stations within the frequency 
coordination zone following successful coordination with Canada.
    2. Also assignable to Canadian station within the frequency 
coordination zone following successful coordination with the United 
States.
    3. Changes to existing assignments and new assignments within the 
frequency coordination zone of either country are subject to prior 
coordination with the other Administration.
    (f) Canada/U.S.A. channeling arrangement for East Coast VHF maritime 
mobile public correspondence. For purposes of this section, channels on 
the east coast will be assigned as follows:
    (1) The provisions of the arrangement apply to the Canadian and 
U.S.A. east coast waters including the St. Lawrence Seaway within the 
coordination boundaries of ``Arrangement A'' of the Canada/U.S.A. 
Frequency Coordination Agreement above 30 MHz.
    (2) The arrangement applies to the following public correspondence 
channels: Channels 24, 84, 25, 85, 26, 86, 27, 87, 28, and 88.
    (3) Canada and the U.S.A. use the following channeling arrangement:
    (i) Canadian channels: 24, 85, 27, 88 (Note 1).
    (ii) U.S.A. channels: 84, 25, 86, 87, 28 (Note 2).
    (iii) Shared channel: 26 (Note 3).
    Notes: 1. Also assignable to U.S. stations within the frequency 
coordination zone following successful coordination with Canada.
    2. Also assignable to Canadian stations within the frequency 
coordination zone following successful coordination with the United 
States.
    3. Changes to existing assignments and new assignments within the 
frequency coordination zone of either country are subject to prior 
coordination with the other Administration.



Sec. 80.59  Compulsory ship inspections.

    (a) Inspection of ships subject to the Communications Act or the 
Safety Convention.
    (1) The FCC will not normally conduct the required inspections of 
ships subject to the inspection requirements of the Communications Act 
or the Safety Convention.

     Note: Nothing in this section prohibits Commission inspectors from 
inspecting ships. The mandatory inspection of U. S. vessels must be 
conducted by an FCC-licensed technician holding an FCC General 
Radiotelephone Operator License, GMDSS Radio Maintainer's License, 
Second Class Radiotelegraph Operator's Certificate, or First Class 
Radiotelegraph Operator's Certificate in accordance with the following 
table:

----------------------------------------------------------------------------------------------------------------
                                                             Minimum class of FCC license required by private
                                                             sector technician to conduct inspection--only one
                                                                             license required
                                                         -------------------------------------------------------
                   Category of vessel                        General                  Second class   First class
                                                           radiotele-    GMDSS radio   radiotele-    radiotele-
                                                              phone     maintainer's      graph         graph
                                                            operator       license     operator's    operator's
                                                             license                   certificate   certificate
----------------------------------------------------------------------------------------------------------------
Radiotelephone equipped vessels subject to 47 CFR part
 80, subpart R or S.....................................                   
Radiotelegraph equipped vessels subject to 47 CFR part
 80, subpart Q..........................................  ............  ............         
GMDSS equipped vessels subject to 47 CFR part 80,
 subpart W or subpart Q.................................  ............       ............  ............
----------------------------------------------------------------------------------------------------------------

    (2) A certification that the ship has passed an inspection must be 
entered into the ship's log by the inspecting technician. The technician 
conducting the inspection and providing the certification must not be 
the vessel's owner, operator, master, or employee or their affiliates. 
Additionally, the vessel owner, operator, or ship's master must certify 
in the station log that the inspection was satisfactory. There are no 
FCC prior notice requirements for any inspection pursuant to paragraph 
(a)(1) of this section. An inspection of

[[Page 28]]

the bridge-to-bridge radio stations on board vessels subject to the 
Vessel Bridge-to-Bridge Radiotelephone Act must be conducted by the same 
FCC-licensed technician.
    (3) Additionally, for passenger vessels operated on an international 
voyage the inspecting technician must send a completed FCC Form 806 to 
the Officer in Charge, Marine Safety Office, United States Coast Guard 
in the Marine Inspection Zone in which the ship is inspected.
    (4) In the event that a ship fails to pass an inspection the 
inspecting technician must make a log entry detailing the reason that 
the ship did not pass the inspection. Additionally, the technician must 
notify the vessel owner, operator, or ship's master that the vessel has 
failed the inspection.
    (5) Because such inspections are intended to ensure the availability 
of communications capability during a distress the Commission will 
vigorously investigate reports of fraudulent inspections, or violations 
of the Communications Act or the Commission's Rules related to ship 
inspections. FCC-licensed technicians, ship owners or operators should 
report such violations to the Commission through its National Call 
Center at 1-888-CALL FCC (1-888-225-5322).
    (b) Inspection and certification of a ship subject to the Great 
Lakes Agreement. The FCC will not inspect Great Lakes Agreement vessels. 
An inspection and certification of a ship subject to the Great Lakes 
Agreement must be made by a technician holding one of the following: an 
FCC General Radiotelephone Operator License, a GMDSS Radio Maintainer's 
License, a Second Class Radiotelegraph Operator's Certificate, or a 
First Class Radiotelegraph Operator's Certificate. The certification 
required by Sec. 80.953 must be entered into the ship's log. The 
technician conducting the inspection and providing the certification 
must not be the vessel's owner, operator, master, or an employee of any 
of them. Additionally, the vessel owner, operator, or ship's master must 
certify that the inspection was satisfactory. There are no FCC prior 
notice requirements for any inspection pursuant to Sec. 80.59(b).
    (c) Application for exemption. FCC Form 820 must be used to apply 
for exemption from the radio provisions of part II or III of title III 
of the Communications Act, the Safety Convention, or the Great Lakes 
Radio Agreement, or for modification or renewal of an exemption 
previously granted. Applications for exemptions must be submitted to 
Federal Communications Commission, Waiver Requests, P.O. Box 358300, 
Pittsburgh, Pennsylvania, 15251-5300. Such applications must be 
accompanied by the appropriate fee amount, as set forth in Sec. 1.1102 
of this chapter. Emergency requests must be filed with the Federal 
Communications Commission, Office of the Secretary, 1919 M Street, NW., 
room 222, Washington, DC 20554.
    Note: With emergency requests, do not send the fee, you will be 
billed.)
    (d) Waiver of annual inspection. (1) The Commission may, upon a 
finding that the public interest would be served, grant a waiver of the 
annual inspection required by Section 362(b) of the Communications Act, 
47 U.S.C. 360(b), for a period of not more than 90 days for the sole 
purpose of enabling a United States vessel to complete its voyage and 
proceed to a port in the United States where an inspection can be held. 
An informal application must be submitted by the ship's owner, operator 
or authorized agent. The application must be submitted to the 
Commission's District Director or Resident Agent in charge of the FCC 
office nearest the port of arrival at least three days before the ship's 
arrival. The application must include:
    (i) The ship's name and radio call sign;
    (ii) The name of the first United States port of arrival directly 
from a foreign port;
    (iii) The date of arrival;
    (iv) The date and port at which annual inspection will be formally 
requested to be conducted;
    (v) The reason why an FCC-licensed technician could not perform the 
inspection; and
    (vi) A statement that the ship's compulsory radio equipment is 
operable.
    (2) Vessels that are navigated on voyages outside of the United 
States for more than 12 months in succession are

[[Page 29]]

exempted from annual inspection required by section 362(b) of the 
Communications Act, provided that the vessels comply with all applicable 
requirements of the Safety Convention, including the annual inspection 
required by Regulation 9, Chapter I, and the vessel is inspected by an 
FCC-licensed technician in accordance with this section within 30 days 
of arriving in the United States.

[51 FR 31213, Sept. 2, 1986, as amended at 56 FR 64715, Dec. 12, 1991; 
60 FR 50122, Sept. 28, 1995; 61 FR 8478, Mar. 5, 1996; 61 FR 25805, May 
23, 1996; 63 FR 29658, June 1, 1998]



Sec. 80.60  Partitioned licenses and disaggregated spectrum.

    (a) Eligibility. VHF Public Coast Station Area (VPCSA) licensees, 
see Sec. 80.371(c)(1)(ii) of this part, may partition their geographic 
service area or disaggregate their spectrum pursuant to the procedures 
set forth in this section. Parties seeking approval for partitioning and 
disaggregation shall request an authorization for partial assignment 
pursuant to Sec. 1.924 of this chapter.
    (b) Technical standards. (1) Partitioning. In the case of 
partitioning, all requests for authorization for partial assignment of a 
license must include, as an attachment, a description of the partitioned 
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 (e.g., Metropolitan 
Service Area, Rural Service Area, or Economic Area) or county lines are 
used. 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 1983 North American Datum (NAD83). In a 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, 
provided acquired spectrum is disaggregated according to frequency 
pairs.
    (3) Combined partitioning and disaggregation. The Commission will 
consider requests for partial assignment of licenses that propose 
combinations of partitioning and disaggregation.
    (c) License term. The license term for a partitioned license area 
and for disaggregated spectrum shall be the remainder of the original 
licensee's term as provided for in Sec. 80.25 of this part.
    (d) Construction Requirements. (1) Partitioning. Partial assignors 
and assignees for license partitioning have two options to meet 
construction requirements. Under the first option, the partitionor and 
partitionee would each certify that they will independently satisfy the 
substantial service requirement for their respective partitioned areas. 
If either licensee failed to meet its substantial service showing 
requirement, only the non-performing licensee's renewal application 
would be subject to dismissal. Under the second option, the partitioner 
certifies that it has met or will meet the substantial service 
requirement for the entire market. If the partitioner fails to meet the 
substantial service standard, however, only its renewal application 
would be subject to forfeiture at renewal.
    (2) Disaggregation. Partial assignors and assignees for license 
disaggregation have two options to meet construction requirements. Under 
the first option, the disaggregator and disaggregatee would certify that 
they each will share responsibility for meeting the substantial service 
requirement for the geographic service area. If parties choose this 
option and either party fails to do so, both licenses would be subject 
to forfeiture at renewal. The second option would allow the parties to 
agree that either the disaggregator or the disaggregatee would be 
responsible for meeting the substantial service requirement for the 
geographic service area. If parties choose this option, and the party 
responsible for meeting the construction requirement fails to do so, 
only the license of the nonperforming party would be subject to 
forfeiture at renewal.

[63 FR 40063, July 27, 1998]

[[Page 30]]



            Subpart C--Operating Requirements and Procedures

                      Station Requirements--General



Sec. 80.61  Commisson inspection of stations.

    All stations and required station records must be made available for 
inspection by authorized representatives of the Commission.



Sec. 80.63  Maintenance of transmitter power.

    (a) The power of each radio transmitter must not be more than that 
necessary to carry on the service for which the station is licensed.
    (b) Except for transmitters using single sideband and independent 
sideband emissions, each radio transmitter rated by the manufacturer for 
carrier power in excess of 100 watts must contain the instruments 
necessary to determine the transmitter power during its operation.

                   Station Requirements--Land Stations



Sec. 80.67  General facilities requirements for coast stations.

    (a) All coast stations licensed to transmit in the band 156-162 MHz 
must be able to transmit and receive on 156.800 MHz and at least one 
working frequency in the band.
    (b) All coast stations that operate telephony on frequencies in the 
1605-3500 kHz band must be able to transmit and receive using J3E 
emission on the frequency 2182 kHz and at least one working frequency in 
the band. In addition, each such public coast station must transmit and 
receive H3E emission on the frequency 2182 kHz.



Sec. 80.68  Facilities requirements for public coast stations using telegraphy.

    Public coast station using telegraphy must be provided with the 
following facilities.
    (a) Stations having a frequency assignment below 150 kHz must:
    (1) Transmit A1A emission on at least one working frequency within 
the band 100-150 kHz;
    (2) Receive A1A emission on all radio channels authorized for 
transmission by mobile stations operating in the maritime mobile service 
for telegraphy within the band 100-150 kHz.
    (b) Stations having a frequency assignment within the 405-525 kHz 
band must transmit and receive on 500 kHz and at least one working 
frequency in the band.
    (c) Stations having frequency assignments above 4000 kHz must be 
equipped to receive on each of their assigned frequencies and all ship 
station radiotelegraphy frequencies in the same sub-band as the assigned 
frequency of the coast station. See subpart H of this part for the list 
of frequencies.



Sec. 80.69  Facilities requirement for public coast stations using telephony.

    Public coast stations using telephony must be provided with the 
following facilities.
    (a) When the station is authorized to use frequencies in the 1605-
3500 kHz band, equipment meeting the requirements of Sec. 80.67(b) must 
be installed at each transmitting location.
    (b) The transmitter power on the frequency 2182 kHz must not exceed 
50 watts carrier power for normal operation. During distress, urgency 
and safety traffic, operation at maximum power is permitted.



Sec. 80.70  Special provisions relative to coast station VHF facilities.

    (a) Coast stations which transmit on the same radio channel above 
150 MHz must minimize interference by reducing radiated power, by 
decreasing antenna height or by installing directional antennas. Coast 
stations at locations separated by less than 241 kilometers (150 miles) 
which transmit on the same radio channel above 150 MHz must also 
consider a time-sharing arrangement. The Commission may order station 
changes if agreement cannot be reached between the involved licensees.
    (b) Coast stations which transmit on a radio channel above 150 MHz 
and are located within interference range of any station within Canada 
or Mexico must minimize interference to the involved foreign station(s), 
and must notify the Commission of any station changes.
    (c) A VHF (156-162 MHz) public coast station licensee initially 
authorized on

[[Page 31]]

any of the channels listed in the table in Sec. 80.371(c)(1)(i) of this 
part may transfer or assign its channel(s) to another entity. If the 
proposed transferee or assignee is the geographic area licensee for the 
geographic area to which the channel is allocated, such transfer or 
assignment will be deemed to be in the public interest. However, such 
presumption will be rebuttable.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 40063, July 27, 1998]



Sec. 80.71  Operating controls for stations on land.

    Each coast station, Alaska-public fixed station and Alaska-private 
fixed station must provide operating controls in accordance with the 
following:
    (a) Each station using telegraphy or telephony must be capable of 
changeover from transmission to reception and vice versa within two 
seconds excluding a change in operating radio channel.
    (b) During it hours of service, each station must be capable of:
    (1) Commencing operation within one minute after the need to do so 
occurs;
    (2) Discontinuing all emission within five seconds after emission is 
no longer desired. The emission of an unattended station in an automated 
multistation system at which restoration to standby is automatic on 
conclusion of a call must be discontinued within three seconds of the 
disconnect signal or, if a disconnect signal is not received, within 
twenty seconds after reception of the final carrier transmission from a 
ship station.
    (c) Each station using a multichannel installation for telegraphy 
must be capable of changing from one telegraphy channel to any other 
telegraphy channel within the same sub-band below 525 kHz within five 
seconds. This requirement need not be met by equipment intended for use 
only in emergencies and not used for normal communication.
    (d) Every coast station using a multi-channel installation for 
radiotelephony must be capable of changing from one telephony channel to 
another telephony channel within:
    (1) Five seconds within the frequency band 1605-3500 kHz; or
    (2) Three seconds within the band 156-162 MHz. This requirement also 
applies to marine utility stations.



Sec. 80.72  Antenna requirements for coast stations.

    All emissions of a coast station a marine-utility station operated 
on shore using telephony within the frequency band 30-200 MHz must be 
vertically polarized.



Sec. 80.74  Public coast station facilities for a telephony busy signal.

    A ``busy'' signal, when used by a public coast station in accordance 
with the provisions of Sec. 80.111(d), must consist of the transmission 
of a single audio frequency regularly interrupted, as follows:
    (a) Audio frequency: Not less than 100 nor more than 1100 Hertz, 
provided the frequency used for this purpose will not cause auto alarms 
or selective-ringing devices to be operated.
    (b) Rate of interruption: 60 times per minute  10%.
    (c) Duration of each interruption: 0.5 second  10%.



Sec. 80.76  Requirements for land station control points.

    Each coast or fixed station subject to this part must have the 
following facilities:
    (a) Except for marine utility stations, a visual indication of 
antenna current; or a pilot lamp, meter or equivalent device which 
provides continuous visual indication whenever the transmitter control 
circuits have been actuated.
    (b) Capability to aurally monitor all transmissions originating at 
dispatch points and to disconnect the dispatch points from the 
transmitter or to terminate the operation of the transmitter.
    (c) Facilities which will permit the responsible operator to turn 
the carrier of the radio transmitter on and off at will.

                   Station Requirements--Ship Stations



Sec. 80.79  Inspection of ship station by a foreign Government.

    The Governments or appropriate administrations of countries which a 
ship

[[Page 32]]

visits may require the license of the ship station or ship earth station 
to be produced for examination. When the license cannot be produced 
without delay or when irregularities are observed, Governments or 
administrations may inspect the radio installations to satisfy 
themselves that the installation conforms to the conditions imposed by 
the Radio Regulations.



Sec. 80.80  Operating controls for ship stations.

    (a) Each control point must be capable of:
    (1) Starting and discontinuing operation of the station;
    (2) Changing frequencies within the same sub-band;
    (3) Changing from transmission to reception and vice versa.
    (4) In the case of stations operating in the 156-162 MHz bands, 
reducing power output to one watt or less in accordance with 
Sec. 80.215(e).\1\
---------------------------------------------------------------------------

    \1\ Ship station transmitters, except hand-held portable 
transmitters, manufactured after January 21, 1987 must automatically 
reduce the carrier power to one watt or less when turned to the 
frequency 156.375 MHz or 156.650 MHz. All ship station tramsmitters, 
except hand-held portable transmitters, used after January 21, 1997, 
must automatically reduce power as described above. A manual override 
device must be provided which when held by the operator will permit full 
carrier power operation on channels 13 and 67. Hand-held portable 
transmitters must be capable of reducing power to one watt, but need not 
do so automatically.
---------------------------------------------------------------------------

    (b) Each ship station using telegraphy must be capable of changing 
from telegraph transmission to telegraph reception and vice versa 
without manual switching.
    (c) Each ship station using telephony must be capable of changing 
from transmission to reception and vice versa within two seconds 
excluding a change in operating radio channel.
    (d) During its hours of service, each ship station must be capable 
of:
    (1) Commencing operation within one minute;
    (2) Discontinuing all emission within five seconds after emission is 
no longer desired.
    (e) Each ship station using a multi-channel installation for 
telegraphy (except equipment intended for use only in emergencies on 
frequencies below 515 kHz) must be capable of changing from one radio 
channel to another within:
    (1) Five seconds if the channels are within the same sub-band; or
    (2) Fifteen seconds if the channels are not within the same sub-
band.
    (f) Each ship station and marine-utility station using a multi-
channel installation for telephony must be capable of changing from one 
radio channel to another within:
    (1) Five seconds within the band 1605-3500 kHz; or
    (2) Three seconds within the band 156-162 MHz.
    (g)(1) Any telegraphy transmitter constructed since January 1, 1952, 
that operates in the band 405-525 kHz with an output power in excess of 
250 watts must be capable of reducing the output power to 150 watts or 
less.
    (2) The requirement of paragraph (g)(1) of this section does not 
apply when there is available in the same station a transmitter capable 
of operation on the international calling frequency 500 kHz and at least 
one working frequency within the band 405-525 kHz, capable of being 
energized by a source of power other than an emergency power source and 
not capable of an output in excess of 100 watts when operated on such 
frequencies.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 35244, Sept. 18, 1987]



Sec. 80.81  Antenna requirements for ship stations.

    All telephony emissions of a ship station or a marine utility 
station on board ship within the frequency band 30-200 MHz must be 
vertically polarized.



Sec. 80.83  Protection from potentially hazardous RF radiation.

    Any license or renewal application for a ship earth station that 
will cause exposure to radiofrequency (RF) radiation in excess of the RF 
exposure guidelines specified in Sec. 1.1307(b) of the Commission's 
Rules must comply with the environmental processing rules set forth in 
Secs. 1.1301-1.1319 of this chapter.

[53 FR 28225, July 27, 1988]

[[Page 33]]

                      Operating Procedures--General



Sec. 80.86  International regulations applicable.

    In addition to being regulated by these rules, the use and operation 
of stations subject to this part are governed by the Radio Regulations 
and the radio provisions of all other international agreements in force 
to which the United States is a party.



Sec. 80.87  Cooperative use of frequency assignments.

    Each radio channel is available for use on a shared basis only and 
is not available for the exclusive use of any one station or station 
licensee. Station licensees must cooperate in the use of their 
respective frequency assignments in order to minimize interference and 
obtain the most effective use of the authorized radio channels.



Sec. 80.88  Secrecy of communication.

    The station licensee, the master of the ship, the responsible radio 
operators and any person who may have knowledge of the radio 
communications transmitted or received by a fixed, land, or mobile 
station subject to this part, or of any radiocommunication service of 
such station, must observe the secrecy requirements of the 
Communications Act and the Radio Regulations. See sections 501, 502, and 
705 of the Communications Act and Article 23 of the Radio Regulations.



Sec. 80.89  Unauthorized transmissions.

    Stations must not:
    (a) Engage in superfluous radiocommunication.
    (b) Use telephony on 243 MHz.
    (c) Use selective calling on 2182 kHz or 156.800 MHz.
    (d) When using telephony, transmit signals or communications not 
addressed to a particular station or stations. This provision does not 
apply to the transmission of distress, alarm, urgency, or safety signals 
or messages, or to test transmissions.
    (e) When using telegraphy, transmit signals or communications not 
addressed to a particular station or stations, unless the transmission 
is preceded by CQ or CP or by distress, alarm, urgency, safety signals, 
or test transmissions.
    (f) Transmit while on board vessels located on land unless 
authorized under a public coast station license. Vessels in the 
following situations are not considered to be on land for the purposes 
of this paragraph:
    (1) Vessels which are aground due to a distress situation;
    (2) Vessels in drydock undergoing repairs; and
    (3) State or local government vessels which are involved in search 
and rescue operations including related training exercises.
    (g) Transmit on frequencies or frequency bands not authorized on the 
current station license.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 35244, Sept. 18, 1987; 
62 FR 40304, July 28, 1997]



Sec. 80.90  Suspension of transmission.

    Transmission must be suspended immediately upon detection of a 
transmitter malfunction and must remain suspended until the malfunction 
is corrected, except for transmission concerning the immediate safety of 
life or property, in which case transmission must be suspended as soon 
as the emergency is terminated.



Sec. 80.91  Order of priority of communications.

    (a) The order of priority of radiotelegraph communications is as 
follows:
    (1) Distress calls including the international distress signal for 
radiotelegraphy, the international radiotelegraph alarm signal, the 
international radiotelephone alarm signal, distress messages and 
distress traffic.
    (2) Communications preceded by the international radiotelegraph 
urgency signal.
    (3) Communications preceded by the international radiotelegraphy 
safety signal.
    (4) Communications relative to radio direction-finding bearings.
    (5) Communications relative to the navigation and safe movement of 
aircraft.
    (6) Communications relative to the navigation, movements, and needs 
of ships, including weather observation

[[Page 34]]

messages destined for an official meteorological service.
    (7) Government communications for which priority right has been 
claimed.
    (8) Service communications relating to the working of the 
radiocommunication service or to communications previously transmitted.
    (9) All other communications.
    (b) The order of priority of radiotelephone communications is as 
follows:
    (1) Distress calls including the international distress signal for 
radiotelephony, the international radiotelephone alarm signal, distress 
messages and distress traffic.
    (2) Communications preceded by the international radiotelephone 
urgency signal, or known to the station operator to consist of one or 
more urgent messages concerning the safety of a person, aircraft or 
other mobile unit.
    (3) Communications preceded by the international radiotelephone 
safety signal, or known to the station operator to consist of one or 
more messages concerning the safety of navigation or important 
meteorological warnings.
    (4) Communications known by the station operator to consist of one 
or more messages relative to the navigation, movements and needs of 
ships, including weather observation messages destined for an official 
meteorological service.
    (5) Government communications for which priority right has been 
claimed.
    (6) All other communications.



Sec. 80.92  Prevention of interference.

    (a) The station operator must determine that the frequency is not in 
use by monitoring the frequency before transmitting, except for 
transmission of signals of distress.
    (b) When a radiocommunication causes interference to a communication 
which is already in progress, the interfering station must cease 
transmitting at the request of either party to the existing 
communication. As between nondistress traffic seeking to commence use of 
a frequency, the priority is established under Sec. 80.91.
    (c) Except in cases of distress, communications between ship 
stations or between ship and aircraft stations must not interfere with 
public coast stations. The ship or aircraft stations which cause 
interference must stop transmitting or change frequency upon the first 
request of the affected coast station.



Sec. 80.93  Hours of service.

    (a) All stations. All stations whose hours of service are not 
continuous must not suspend operation before having concluded all 
communication required in connection with a distress call or distress 
traffic.
    (b) Public coast stations. (1) Each public coast station whose hours 
of service are not continuous must not suspend operation before having 
concluded all communication involving messages or calls originating in 
or destined to mobile stations within range and mobile stations which 
have indicated their presence.
    (2) Unless otherwise authorized by the Commission upon adequate 
showing of need, each public coast station authorized to operate on 
frequencies in the 3000-23,000 kHz band must maintain continuous hours 
of service.
    (c) Compulsory ship stations. Compulsory ship stations whose service 
is not continous may not suspend operation before concluding all traffic 
originating in or destined for public coast stations situated within 
their range and mobile stations which have indicated their presence.
    (d) Other than public coast or compulsory ship stations. The hours 
of service of stations other than public coast or compulsory ship 
stations are determined by the station licensee.



Sec. 80.94  Control by coast or Government station.

    When communicating with a coast station or any Government station in 
the maritime mobile service, ship stations must comply with the 
instruction given by the coast station or Government station relative to 
the order and time of transmission, the choice of frequency, the 
suspension of communication and the permissible type of message traffic 
that may be transmitted. This provision does not apply in the event of 
distress.

[[Page 35]]



Sec. 80.95  Message charges.

    (a) Charges must not be made for service of:
    (1) Any public coast station unless tariffs for the service are on 
file with the Commission;
    (2) Any station other than a public coast station or an Alaska--
public fixed station, except cooperatively shared stations covered by 
Sec. 80.503;
    (3) Distress calls and related traffic; and
    (4) Navigation hazard warnings preceded by the SAFETY signal.
    (b) The licensee of each ship station is responsible for the payment 
of all charges accruing to any other station(s) or facilities for the 
handling or forwarding of messages or communications transmitted by that 
station.
    (c) In order to be included in the ITU List of Coast Stations public 
coast stations must recognize international Accounting Authority 
Identification Codes (AAIC) for purposes of billing and accounts 
settlement in accordance with Article 66 of the Radio Regulations. 
Stations which elect not to recognize international AAIC's will be 
removed from the ITU List of Coast Stations.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 35244, Sept. 18, 1987]



Sec. 80.96  Maintenance tests.

    Stations are authorized to engage in test transmissions necessary 
for maintenance of the station. Test transmissions must conform to 
appropriate test operating procedures.



Sec. 80.97  Radiotelegraph operating procedures.

    This section applies to ships and coast stations authorized to 
transmit in the band 405-525 kHz.
    (a) Except for the transmission of distress or urgency signals, all 
transmissions must cease within the band 485-515 kHz during each 500 kHz 
silence period.
    (b) Stations transmitting telegraphy must use the service 
abbreviations (``Q'' code) listed in Appendix 14 to the Radio 
Regulations.
    (c) The call consists of:
    (1) The call sign of the station called, not more than twice; the 
word ``DE'' and the call sign of the calling station, not more than 
twice; if useful, the frequency on which the called station should 
reply; and the letter ``K''.
    (2) If the call is transmitted twice at an interval of not less than 
one minute, it must not be repeated until after an interval of three 
minutes.
    (d) The reply to calls consists of: The call sign of the calling 
station, not more than twice; the word ``DE''; and the call sign of the 
station called, once only.



Sec. 80.98  Radiotelegraph testing procedures.

    (a) Stations authorized to use telegraphy may conduct tests on any 
assigned frequency. Emissions must not cause harmful interference. When 
radiation is necessary the radiotelegraph testing procedure described in 
this paragraph must be followed:
    (1) The operator must not interfere with transmissions in progress.
    (2) The operator must transmit ``IE'' (two dots, space, one dot) on 
the test frequency as a warning that test emissions are about to be 
made. When the frequency of the test emission is within the frequency 
band 405-525 kHz, a watch must be maintained on 500 kHz throughout the 
test period.
    (3) If any station transmits ``AS'' (wait), testing must be 
suspended. When transmission of ``IE'' is resumed and no response is 
heard, the test may proceed.
    (4) Test signals composed of a series of ``VVV'' having a duration 
of not more than ten seconds, followed by the call sign of the testing 
station will be transmitted. The call sign must be sent clearly at a 
speed of approximately 10 words per minute. This test transmission must 
not be repeated until a period of at least one minute has elapsed. On 
500 kHz in a region of heavy traffic, at least five minutes must elapse 
before the test transmission is repeated.
    (b) When testing is conducted on 500 kHz, no tests will be conducted 
during the 500 kHz silence periods. Care must be exercised not to so 
prolong and space the dash portion of the ``VVV'' series as to form the 
alarm signal.
    (c) When testing is conducted on any frequency in the band 8362-8366 
kHz,

[[Page 36]]

tests must not actuate any automatic alarm receiver.



Sec. 80.99  Radiotelegraph station identification.

    This section applies to coast, ship and survival craft stations 
authorized to transmit in the band 405-525 kHz.
    (a) The station transmitting radiotelegraph emissions must be 
identified by its call sign. The call sign must be transmitted with the 
telegraphy emission normally used by the station. The call sign must be 
transmitted at 20 minute intervals when transmission is sustained for 
more than 20 minutes. When a ship station is exchanging public 
correspondence communications, the identification may be deferred until 
completion of each communication with any other station.
    (b) The requirements of this section do not apply to survival craft 
stations when transmitting distress signals automatically or when 
operating on 121.500 MHz for radiobeacon purposes.
    (c) Emergency position indicating radiobeacon stations do not 
require identification.



Sec. 80.100  Morse code requirement.

    The code employed for telegraphy must be the Morse code specified in 
the Telegraph Regulations annexed to the International Telecommunication 
Convention. Pertinent extracts from the Telegraph Regulations are 
contained in the ``Manual for Use by the Maritime Mobile and Maritime 
Mobile-Satellite Services'' published by the International 
Telecommunication Union.



Sec. 80.101  Radiotelephone testing procedures.

    This section is applicable to all stations using telephony except 
where otherwise specified.
    (a) Station licensees must not cause harmful interference. When 
radiation is necessary or unavoidable, the testing procedure described 
below must be followed:
    (1) The operator must not interfere with transmissions in progress.
    (2) The testing station's call sign, followed by the word ``test'', 
must be announced on the radio-channel being used for the test.
    (3) If any station responds ``wait'', the test must be suspended for 
a minimum of 30 seconds, then repeat the call sign followed by the word 
``test'' and listen again for a response. To continue the test, the 
operator must use counts or phrases which do not conflict with normal 
operating signals, and must end with the station's call sign. Test 
signals must not exceed ten seconds, and must not be repeated until at 
least one minute has elapsed. On the frequency 2182 kHz or 156.800 MHz, 
the time between tests must be a minimum of five minutes.
    (b) Testing of transmitters must be confined to single frequency 
channels on working frequencies. However, 2182 kHz and 156.800 MHz may 
be used to contact ship or coast stations as appropriate when signal 
reports are necessary. Short tests on 2182 kHz by vessels with DSB (A3) 
equipment for distress and safety purposes are permitted to evaluate the 
compatibility of that equipment with an A3J emission system. U. S. Coast 
Guard stations may be contacted on 2182 kHz or 156.800 MHz for test 
purposes only when tests are being conducted by Commission employees, 
when FCC-licensed technicians are conducting inspections on behalf of 
the Commission, when qualified technicians are installing or repairing 
radiotelephone equipment, or when qualified ship's personnel conduct an 
operational check requested by the U.S. Coast Guard. In these cases the 
test must be identified as``FCC''or``technical''.
    (c) Survival craft transmitter tests must not be made within 
actuating range of automatic alarm receivers. Survival craft 
transmitters must not be tested on the frequency 500 kHz during the 
silence periods.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 29659, June 1, 1998]



Sec. 80.102  Radiotelephone station identification.

    This section applies to all stations using telephony which are 
subject to this part.
    (a) Except as provided in paragraphs (d) and (e) of this section, 
stations must give the call sign in English. Identification must be 
made:
    (1) At the beginning and end of each communication with any other 
station.

[[Page 37]]

    (2) At 15 minute intervals when transmission is sustained for more 
than 15 minutes. When public correspondence is being exchanged with a 
ship or aircraft station, the identification may be deferred until the 
completion of the communications.
    (b) Private coast stations located at drawbridges and transmitting 
on the navigation frequency 156.650 MHz may identify by use of the name 
of the bridge in lieu of the call sign.
    (c) Ship stations transmitting on any authorized VHF bridge-to-
bridge channel may be identified by the name of the ship in lieu of the 
call sign.
    (d) Ship stations operating in a vessel traffic service system or on 
a waterway under the control of a U.S. Government agency or a foreign 
authoriy, when communicating with such an agency or authority may be 
identified by the name of the ship in lieu of the call sign, or as 
directed by the agency or foreign authority.
    (e) VHF public coast station may identify by means of the 
approximate geographic location of the station or the area it serves 
when it is the only VHF public coast station serving the location or 
there will be no conflict with the identification of any other station.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 35244, Sept. 18, 1987]



Sec. 80.103  Digital selective calling (DSC) operating procedures.

    (a) Operating procedures for the use of DSC equipment in the 
maritime mobile service are as contained in CCIR Recommendation 541 as 
modified by paragraph (c) of this section.
    (b) When using DSC techniques, coast and ship stations must use nine 
digit maritime mobile service identities.
    (c) DSC acknowledgement of DSC distress and safety calls must be 
made by designated coast stations and such acknowledgement must be in 
accordance with procedures contained in CCIR Recommendation 541. 
Nondesignated public and private coast stations must follow the guidance 
provided for ship stations in CCIR Recommendation 541 with respect to 
DSC ``Acknowledgement of distress calls'' and ``Distress relays''.



Sec. 80.104  Identification of radar transmissions not authorized.

    This section applies to all maritime radar transmitters except radar 
beacon stations.
    (a) Radar transmitters must not transmit station identification.
    (b) [Reserved]

                   Operating Procedures--Land Stations



Sec. 80.105  General obligations of coast stations.

    Each coast station or marine-utility station must acknowledge and 
receive all calls directed to it by ship or aircraft stations. Such 
stations are permitted to transmit safety communication to any ship or 
aircraft station. VHF (156-162 MHz) public coast stations may provide 
fixed or hybrid services on a co-primary basis with mobile operations.

[63 FR 40063, July 27, 1998]



Sec. 80.106  Intercommunication in the mobile service.

    (a) Each public coast station must exchange radio communications 
with any ship or aircraft station at sea; and each station on shipboard 
or aircraft at sea must exchange radio communications with any other 
station on shipboard or aircraft at sea or with any public coast 
station.
    (b) Each public coast station must acknowledge and receive all 
communications from mobile stations directed to it, transmit all 
communications delivered to it which are directed to mobile stations 
within range in accordance with their tariffs. Discrimination in service 
is prohibited.



Sec. 80.107  Service of private coast stations and marine-utility stations.

    A private coast station or a marine-utility station is authorized to 
transmit messages necessary for the private business and operational 
needs of ships and the safety of aircraft.



Sec. 80.108  Transmission of traffic lists by coast stations.

    (a) Each coast station is authorized to transmit lists of call signs 
in alphabetical order of all mobile stations for which they have traffic 
on hand. These

[[Page 38]]

traffic lists will be transmitted on the station's normal working 
frequencies at intervals of:
    (1) In the case of telegraphy, at least two hours and not more than 
four hours during the working hours of the coast station.
    (2) In the case of radiotelephony, at least one hour and not more 
than four hours during the working hours of the coast station.
    (b) The announcement must be as brief as possible and must not be 
repeated more than twice. Coast stations may announce on a calling 
frequency that they are about to transmit call lists on a specific 
working frequency.



Sec. 80.109  Transmission to a plurality of mobile stations by a public coast station.

    Group calls to vessels under the common control of a single entity 
and information for the general benefit of mariners including storm 
warnings, ordinary weather, hydrographic information and press materials 
may be transmitted by a public coast station simultaneously to a 
plurality of mobile stations.



Sec. 80.110  Inspection and maintenance of antenna structure markings and associated control equipment.

    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.

[61 FR 4368, Feb. 6, 1996]



Sec. 80.111  Radiotelephone operating procedures for coast stations.

    This section applies to all coast stations using telephony which are 
subject to this part.
    (a) Limitations on calling. (1) Except when transmitting a general 
call to all stations for announcing or preceding the transmission of 
distress, urgency, or safety messages, a coast station must call the 
particular station(s) with which it intends to communicate.
    (2) Coast stations must call ship stations by voice unless it is 
known that the particular ship station may be contacted by other means 
such as automatic actuation of a selective ringing or calling device.
    (3) Coast stations may be authorized emission for selective calling 
on each working frequency.
    (4) Calling a particular station must not continue for more than one 
minute in each instance. If the called station does not reply, that 
station must not again be called for two minutes. When a called station 
does not reply to a call sent three times at intervals of two minutes, 
the calling must cease for fifteen minutes. However, if harmful 
interference will not be caused to other communications in progress, the 
call may be repeated after three minutes.
    (5) A coast station must not attempt to communicate with a ship 
station that has specifically called another coast station until it 
becomes evident that the called station does not answer, or that 
communication between the ship station and the called station cannot be 
carried on because of unsatisfactory operating conditions.
    (6) Calls to establish communication must be initiated on an 
available common working frequency when such a frequency exists and it 
is known that the called ship maintains a simultaneous watch on the 
common working frequency and the appropriate calling frequency(ies).
    (b) Time limitation on calling frequency. Transmissions by coast 
stations on 2182 kHz or 156.800 MHz must be minimized and any one 
exchange of communications must not exceed one minute in duration.
    (c) Change to working frequency. After establishing communications 
with another station by call and reply on 2182 kHz or 156.800 MHz coast 
stations must change to an authorized working channel for the 
transmission of messages.
    (d) Use of busy signal. A coast station, when communicating with a 
ship station which transmits to the coast station on a radio channel 
which is a different channel from that used by the coast station for 
transmission, may transmit a ``busy'' signal whenever

[[Page 39]]

transmission from the ship station is being received. The 
characteristics of the ``busy'' signal are contained in Sec. 80.74.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 35244, Sept. 18, 1987]

                   Operating Procedures--Ship Stations



Sec. 80.114  Authority of the master.

    (a) The service of each ship station must at all times be under the 
ultimate control of the master, who must require that each operator or 
such station comply with the Radio Regulations in force and that the 
ship station is used in accordance with those regulations.
    (b) These rules are waived when the vessel is under the control of 
the U.S. Government.



Sec. 80.115  Operational conditions for use of associated ship units.

    (a) Associated ship units may be operated under a ship station 
authorization. Use of an associated ship unit is restricted as follows;
    (1) It must only be operated on the safety and calling frequency 
156.800 MHz or on commercial or noncommercial VHF intership frequencies 
appropriate to the class of ship station with which it is associated.
    (2) Except for safety purposes, it must only be used to communicate 
with the ship station with which it is associated or with associated 
ship units of the same ship station. Such associated ship units may not 
be used from shore.
    (3) It must be equipped to transmit on the frequency 156.800 MHz and 
at least one appropriate intership frequency.
    (4) Calling must occur on the frequency 156.800 MHz unless calling 
and working on an intership frequency has been prearranged.
    (5) Power is limited to one watt.
    (6) The station must be identified by the call sign of the ship 
station with which it is associated and an appropriate unit designator.
    (b) State or local government vehicles used to tow vessels involved 
in search and rescue operations are authorized to operate on maritime 
mobile frequencies as associated ship units. Such operations must be in 
accordance with paragraph (a) of this section, except that the 
associated ship unit: May be operated from shore; may use Distress, 
Safety and Calling, Intership Safety, Liaison, U.S. Coast Guard, or 
Maritime Control VHF intership frequencies; and may have a transmitter 
power of 25 watts.



Sec. 80.116  Radiotelephone operating procedures for ship stations.

    (a) Calling coast stations. (1) Use by ship stations of the freqency 
2182 kHz for calling coast stations and for replying to calls from coast 
stations is authorized. However, such calls and replies should be on the 
appropriate ship-shore working frequency.
    (2) Use by ship stations and marine utility stations of the 
frequency 156.800 MHz for calling coast stations and marine utility 
stations on shore, and for replying to calls from such stations, is 
authorized. However, such calls and replies should be made on the 
appropriate ship-shore working frequency.
    (b) Calling ship stations. (1) Except when other operating procedure 
is used to expedite safety communication, ship stations, before 
transmitting on the intership working frequencies 2003, 2142, 2638, 
2738, or 2830 kHz, must first establish communications with other ship 
stations by call and reply on 2182 kHz. Calls may be initiated on an 
intership working frequency when it is known that the called vessel 
maintains a simultaneous watch on the working frequency and on 2182 kHz.
    (2) Except when other operating procedures are used to expedite 
safety communications, the frequency 156.800 MHz must be used for call 
and reply by ship stations and marine utility stations before 
establishing communication on one of the intership working frequencies. 
Calls may be initiated on an intership working frequency when it is 
known that the called vessel maintains a simultaneous watch on the 
working frequency and on 156.800 MHz.
    (c) Change to working frequency. After establishing communication 
with another station by call and reply on 2182 kHz or 156.800 MHz 
stations on board ship must change to an authorized

[[Page 40]]

working frequency for the transmission of messages.
    (d) Limitations on calling. Calling a particular station must not 
continue for more than 30 seconds in each instance. If the called 
station does not reply, the station must not again be called until after 
an interval of 2 minutes. When a called station called does not reply to 
a call sent three times at intervals of 2 minutes, the calling must 
cease and must not be renewed until after an interval of 15 minutes; 
however, if there is no reason to believe that harmful interference will 
be caused to other communications in progress, the call sent three times 
at intervals of 2 minutes may be repeated after a pause of not less than 
3 minutes. In event of an emergency involving safety, the provisions of 
this paragraph do not apply.
    (e) Limitations on working. Any one exchange of communications 
between any two ship stations on 2003, 2142, 2638, 2738, or 2830 kHz or 
between a ship station and a private coast station on 2738 or 2830 kHz 
must not exceed 3 minutes after the stations have established contact. 
Subsequent to such exchange of communications, the same two stations 
must not again use 2003, 2142, 2638, 2738, or 2830 kHz for communication 
with each other until 10 minutes have elapsed.
    (f) Transmission limitation on 2182 kHz and 156.800 MHz. To 
facilitate the reception of distress calls, all transmissions on 2182 
kHz and 156.800 MHz (channel 16) must be minimized and transmissions on 
156.800 MHz must not exceed 1 minute.
    (g) Limitations on commercial communication. On frequencies in the 
band 156-162 MHz, the exchange of commercial communication must be 
limited to the minimum practicable transmission time. In the conduct of 
ship-shore communication other than distress, stations on board ship 
must comply with instructions given by the private coast station or 
marine utility station on shore with which they are communicating.
    (h) 2182 kHz silence periods. To facilitate the reception of 
distress calls, transmission by ship or survival craft stations is 
prohibited on any frequency (including 2182 kHz) within the band 2173.5-
2190.5 kHz during each 2182 kHz silence period.

                Special Procedures--Public Coast Stations



Sec. 80.121  Public coast stations using telegraphy.

    (a) Narrow-band direct-printing (NB-DP) operating procedures. (1) 
When both terminals of the NB-DP circuit are satisfied that the circuit 
is in operable condition, the message preamble must be transmitted in 
the following format:
    (i) One carriage return and one line feed,
    (ii) Serial number or number of the message,
    (iii) The name of the office of origin,
    (iv) The number of words,
    (v) The date of handing in of the message,
    (vi) The time of handing in of the message, and
    (vii) Any service instructions. (See The ITU ``Manual for Use by the 
Maritime Mobile and Maritime Mobile-Satellite Services''.)
    (2) Upon completion of transmission of the preamble, the address, 
text and signature must be transmitted as received from the sender.
    (3) Upon completion of transmission of the signature the coast 
station must, following the signal ``COL'', routinely repeat all service 
indications in the address and for figures or mixed groups of letters, 
figures or signs in the address, text or signature.
    (4) In telegrams of more than 50 words, routine repetition must be 
given at the end of each page.
    (5) Paragraphs (a) (1) through (4) of this section need not be 
followed when a direct connection is employed.
    (6) In calling ship stations by narrow-band direct-printing, the 
coast station must use the ship station selective calling number (5 
digits) and its assigned coast station identification number (4 digits). 
Calls to ship stations must employ the following format: Ship station 
selective call number, repeated twice; ``DE'', sent once; and coast 
station identification number, repeated twice. When the ship station 
does not reply to a call sent three times at intervals of two minutes, 
the

[[Page 41]]

calling must cease and must not be renewed until after an interval of 
fifteen minutes.
    (7) A public coast station authorized to use NB-DP frequencies 
between 4000 kHz and 27500 kHz may use class A1A emission on the 
``mark'' frequency for station identification and for establishing 
communications with ship stations. The radio station license must 
reflect authority for this type of operation, and harmful interference 
must not be caused.
    (b) Watch on ship calling frequencies. (1) Public coast stations 
using telegraphy must maintain a continuous watch during their working 
hours for calls from ship stations on frequencies in the same band(s) in 
which the coast station is licensed to operate. See subpart H of this 
part.
    (2) Such station must employ receivers which are capable of being 
accurately set to any designated calling frequency in each band for 
which the receiver is intended to operate. The time required to set the 
receiver to a frequency must not exceed five seconds. The receiver must 
have a long term frequency stability of not more than 50 Hz and a 
minimum sensitivity of two microvolts across receiver input terminals of 
50 ohms, or equivalent. The audio harmonic distortion must not exceed 
five percent at any rated output power.
    (c) Radiotelegraph frequencies. Radiotelegraph frequencies available 
for assignment to public coast stations are contained in subpart H of 
this part.



Sec. 80.122  Public coast stations using facsimile and data.

    Facsimile operations are a form of telegraphy for the transmission 
and receipt of fixed images between authorized coast and ship stations. 
Facsimile and data techniques may be implemented in accordance with the 
following paragraphs.
    (a) Supplemental Eligibility Requirements. Public coast stations are 
eligible to use facsimile and data techniques with ship stations.
    (b) Assignment and use of frequencies. (1) Frequencies in the 2000-
27500 kHz bands in part 2 of the Commission's rules as available for 
shared use by the maritime mobile service and other radio services are 
assignable to public coast stations for providing facsimile 
communications with ship stations. Additionally, frequencies in the 156-
162 MHz band available for assignment to public coast stations for 
radiotelephone communications that are contained in subpart H of this 
part are also available for facsimile and data communications.
    (2) Equipment used for facsimile and data operations is subject to 
the applicable provisions of subpart E of this part.
    (3) The use of voice on frequencies authorized for facsimile 
operations in the bands 2000-27500 kHz listed in subpart H of this part 
is limited to setup and confirmation of receipt of facsimile 
transmissions.

[57 FR 43407, Sept. 21, 1992]



Sec. 80.123  Service to stations on land.

    Marine VHF public coast stations, including AMTS coast stations, may 
provide public correspondence service to stations on land in accordance 
with the following:
    (a) The public coast station licensee must provide each associated 
land station with a letter, which shall be presented to authorized FCC 
representatives upon request, acknowledging that the land station may 
operate under the authority of the associated public coast station's 
license:
    (b) Each public coast station serving stations on land must afford 
priority to marine-originating communications through any appropriate 
electrical or mechanical means.
    (c) Land station identification shall consist of the associated 
public coast station's call sign, followed by a unique numeric or 
alphabetic unit identifier;
    (d) Radio equipment used on land must be type accepted for use under 
part 22, part 80, or part 90 of this chapter. Such equipment must 
operate only on the public correspondence channels authorized for use by 
the associated public coast station;
    (e) Transmitter power shall be in accordance with the limits set in 
Sec. 80.215 for ship stations and antenna height shall be limited to 6.1 
meters (20 feet) above ground level;
    (f) Land stations may only communicate with public coast stations 
and

[[Page 42]]

must remain within radio range of associated public coast stations; and,
    (g) The land station must cease operation immediately upon written 
notice by the Commission to the associated public coast station that the 
land station is causing harmful interference to marine communications.

[62 FR 40304, July 28, 1997]

               Special Procedures--Private Coast Stations



Sec. 80.131  Radioprinter operations.

    Radioprinter operations provide a relatively low cost system of 
record communications between authorized coast and ship stations in 
accordance with the following paragraphs.
    (a) Supplementary eligibility requirement. A radioprinter 
authorization for a private coast station may be issued to the owner or 
operator of a ship of less than 1600 gross tons, a community of ships 
all of which are less than 1600 gross tons, or an association whose 
members operate ships of less than 1600 gross tons.
    (b) Scope of communications. Only those communications which concern 
the business and operational needs of vessels are authorized.
    (c) Assignment and use of frequencies. (1) Frequencies may be 
assigned to private coast stations for radioprinter use from the 
appropriate bands listed in subpart H of this part.
    (2) Frequencies in the listed bands are shared with other radio 
services including the maritime mobile service. Each assigned frequency 
is available on a shared use basis only, not for the exclusive use of 
any one station or licensee.
    (d) Coast station responsibilities. (1) Private coast stations must 
propose frequencies and provide the names of ships to be served with the 
application.
    (2) Private coast station licensees must provide copies of their 
license to all ships with which they are authorized to conduct 
radioprinter operations.



Sec. 80.133  Private coast stations using facsimile in Alaska.

    Facsimile techniques may be implemented in accordance with the 
following paragraphs.
    (a) Private coast stations in Alaska are eligible to use facsimile 
techniques with associated ship stations and other private coast 
stations in accordance with Sec. 80.505(b).
    (b) The frequency 156.425 MHz is assigned by rule to private coast 
stations in Alaska for facsimile transmissions.
    (c) Equipment used for facsimile operations is subject to the 
applicable provisions of subpart E of this part.

[62 FR 40305, July 28, 1997]

                    Special Procedures--Ship Stations



Sec. 80.141  General provisions for ship stations.

    (a) Points of communication. Ship stations and marine utility 
stations on board ships are authorized to communicate with any station 
in the maritime mobile service.
    (b) Service requirements for all ship stations. (1) Each ship 
station must receive and acknowledge all communications which are 
addressed to the ship or to any person on board.
    (2) Every ship, on meeting with any direct danger to the navigation 
of other ships such as ice, a derelict vessel, a tropical storm, 
subfreezing air temperatures associated with gale force winds causing 
severe icing on superstructures, or winds of force 10 or above on the 
Beaufort scale for which no storm warning has been received, must 
transmit related information to ships in the vicinity and to the 
authorities on land unless such action has already been taken by another 
station. All such radio messages must be preceded by the safety signal.
    (3) A ship station may accept communications for retransmission to 
any other station in the maritime mobile service. Whenever such messages 
or communications have been received and acknowledged by a ship station 
for this purpose, that station must retransmit the message as soon as 
possible.
    (c) Service requirements for vessels. Each ship station provided for 
compliance with Part II of Title III of the Communications Act must 
provide a public correspondence service on voyages of more than 24 hours 
for any person who requests the service.

[[Page 43]]

    (1) Compulsory radiotelegraph ships must provide this service during 
the hours the radio operator is normally on duty.
    (2) Compulsory radiotelephone ships must provide this service for at 
least four hours daily. The hours must be prominently posted at the 
principal operating location of the station.
    (d) Operating conditions. Effective August 1, 1994, VHF hand-held, 
portable transmitters used while connected to an external power source 
or a ship antenna must be equipped with an automatic timing device that 
deactivates the transmitter and reverts the transmitter to the receive 
mode after an uninterrupted transmission period of five minutes, plus or 
minus 10 percent. Additionally, such transmitters must have a device 
that indicates when the automatic timer has deactivated the transmitter. 
See also Sec. 80.203(c).

[51 FR 31213, Sept. 2, 1986, as amended at 56 FR 57988, Nov. 15, 1991]



Sec. 80.142  Ships using radiotelegraphy.

    (a) Calling by narrow-band direct-printing. (1) NB-DP ship stations 
must call United States public coast stations on frequencies designated 
for NB-DP operation.
    (2) Where it is known that the coast station maintains a watch on 
working frequencies for ship station NB-DP calls the ship station must 
make its initial NB-DP call on those frequencies.
    (3) Calls to a coast station or other ship station must employ the 
following format: Coast station identification number, repeated twice; 
``DE'', sent once; and ship station selective call number, repeated 
twice. When the coast station does not reply to a call sent three times 
at intervals of two minutes, the calling must cease for fifteen minutes.
    (b) NB-DP operating procedure. The operation of NB-DP equipment in 
the maritime mobile service must be in accordance with the operating 
procedures contained in the latest version of CCIR Recommendation 492 
that does not prevent the use of existing equipment.
    (c) Required channels for radiotelegraphy. (1) Each ship station 
using telegraphy on frequencies within the band 405-525 kHz must be 
capable of:
    (i) Transmit and receive on 500 kHz using the authorized emissions, 
and
    (ii) Transmit on at least two working frequencies and receive on all 
other frequencies necessary for their service using authorized 
emissions, and
    (iii) When a radiotelegraph installation is compulsory, a fourth 
frequency within this band which is authorized specifically for 
direction finding must also be provided.
    (2) Each ship station using telegraphy on frequencies within the 
band 90-160 kHz must be capable of transmitting and receiving Class A1A 
emission on the frequency 143 kHz, and on at least two additional 
working frequencies within this band except that portion between 140 kHz 
and 146 kHz.
    (3) Each ship station using telegraphy and operating in the bands 
between 4000-27500 kHz must be capable of transmitting and receiving 
Class A1A or J2A emission on at least one frequency authorized for 
calling and at least two frequencies authorized for working in each of 
the bands for which facilities are provided to carry on its service.
    (4) Each ship station using telegraphy in Region 2 on frequencies 
within the band 2065-2107 kHz must be capable of transmitting and 
receiving Class A1A or J2A emission on at least one frequency in this 
band authorized for working in addition to a frequency in this hand 
authorized for calling.

[51 FR 31213, Sept. 2, 1986, as amended at 54 FR 49993, Dec. 4, 1989]



Sec. 80.143  Required frequencies for radiotelephony.

    (a) Except for compulsory vessels, each ship radiotelephone station 
licensed to operate in the band 1605-3500 kHz must be able to receive 
and transmit J3E emission on the frequency 2182 kHz. Ship stations are 
additionally authorized to receive and transmit H3E emission for 
communications with foreign coast stations and with vessels of foreign 
registry. If the station is used for other than safety communications, 
it must be capable also of receiving and transmitting the J3E emission 
on at least two other frequencies in that band. However, ship stations 
which operate exclusively on the Mississippi River and its connecting 
waterways,

[[Page 44]]

and on high frequency bands above 3500 kHz, need be equipped with 2182 
kHz and one other frequency within the band 1605-3500 kHz. Additionally, 
use of A3E emission is permitted for distress and safety purposes on 
2182 kHz for portable survival craft equipment also having the 
capability to operate on 500 kHz and for transmitters authorized for use 
prior to January 1, 1972.
    (b) Except as provided in paragraph (c) of this section, at least 
one VHF radiotelephone transmitter/receiver must be able to transmit and 
receive on the following frequencies:
    (1) The distress, safety and calling frequency 156.800 MHz;
    (2) The primary intership safety frequency 156.300 MHz;
    (3) One or more working frequencies; and
    (4) All other frequencies necessary for its service.
    (c) Where a ship ordinarily has no requirement for VHF 
communications, handheld VHF equipment may be used solely to comply with 
the bridge-to-bridge navigational communication requirements contained 
in subpart U of this part.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 35244, Sept. 18, 1987]



Sec. 80.145  Class C EPIRB operational procedures.

    Class C EPIRBs must be used for distress purposes only after use of 
the VHF/FM radiotelephone installation, in accordance with Sec. 80.320, 
has proved unsuccessful or when a VHF/FM radiotelephone installation is 
not fitted, or when specifically requested to do so by a station engaged 
in search and rescue operations.

                    Shipboard General Purpose Watches



Sec. 80.146  Watch on 500 kHz.

    During their hours of service, ship stations using frequencies in 
the authorized bands between 405-525 kHz must, remain on watch on 500 
kHz except when the operator is transmitting on 500 kHz or operating on 
another frequency. The provisions of this section do not relieve the 
ship from complying with the requirements for a safety watch as 
prescribed in Secs. 80.304 and 80.305.



Sec. 80.147  Watch on 2182 kHz.

    Ship stations must maintain a watch on 2182 kHz as prescribed by 
Sec. 80.304(b).



Sec. 80.148  Watch on 156.8 MHz (Channel 16).

    At least one VHF ship station per compulsory vessel while underway 
must maintain a watch on 156.800 MHz whenever such station is not being 
used for exchanging communications. The watch is not required:
    (a) Where a ship station is operating only with handheld bridge-to-
bridge VHF radio equipment under Sec. 80.143(c) of this part;
    (b) For vessels subject to the Bridge-to-Bridge Act and 
participating in a Vessel Traffic Service (VTS) system when the watch is 
maintained on both the bridge-to-bridge frequency and a separately 
assigned VTS frequency; or
    (c) For a station on board a voluntary vessel equipped with digital 
selective calling (DSC) equipment, maintaining a continuous DSC watch on 
156.525 MHz whenever such station is not being used for exchanging 
communications, and while such station is within the VHF service area of 
a U.S. Coast Guard radio facility which is DSC equipped.

[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 16504, Mar. 29, 1993]

                               Violations



Sec. 80.149  Answer to notice of violation.

    (a) Any person receiving official notice of violation of the terms 
of the Communications Act, any legislative act, executive order, treaty 
to which the United States is a party, terms of a station or operator 
license, or the rules and regulations of the Federal Communications 
Commission must within 10 days from such receipt, send a written answer, 
in duplicate, to the office of the Commission originating the official 
notice. If an answer cannot be sent or an acknowledgment made within 
such 10-day period by reason of illness or other unavoidable 
circumstances, acknowledgment and answer must be made at the earliest 
practicable date with a satisfactory explanation of the delay. The 
answer to each notice must be complete in itself and must not be 
abbreviated by references to other

[[Page 45]]

communications or answers to other notices. The answer must contain a 
full explanation of the incident involved and must set forth the action 
taken to prevent a continuation or recurrence. If the notice relates to 
lack of attention to or improper operation of the station or to log or 
watch discrepancies, the answer must give the name and license number of 
the licensed operator on duty.
    (b) When an official notice of violation, impending violation, or 
discrepancy, pertaining to any provision of Part II of Title III of the 
Communications Act or the radio provisions of the Safety Convention, is 
served upon the master or person responsible for a vessel and any 
instructions appearing on such document issued by a representative of 
the Commission are at variance with the content of paragraph (a) of this 
section, the instructions issued by the Commission's representative 
supersede those set forth in paragraph (a) of this section.



                    Subpart D--Operator Requirements



Sec. 80.151  Classification of operator licenses and endorsements.

    (a) Commercial radio operator licenses issued by the Commission are 
classified in accordance with the Radio Regulations of the International 
Telecommunication Union.
    (b) The following licenses are issued by the Commission. 
International classification, if different from the license name, is 
given in parentheses. The licenses and their alphanumeric designator are 
listed in descending order.
    (1) T-1. First Class Radiotelegraph Operator's Certificate.
    (2) T-2. Second Class Radiotelegraph Operator's Certificate.
    (3) G. General Radiotelephone Operator License (radiotelephone 
operator's general certificate).
    (4) T-3. Third Class Radiotelegraph Operator's Certificate 
(radiotelegraph operator's special certificate).
    (5) MP. Marine Radio Operator Permit (radiotelephone operator's 
restricted certificate).
    (6) RP. Restricted Radiotelephone Operator Permit (radiotelephone 
operator's restricted certificate).
    (c) The following license endorsements are affixed by the Commission 
to provide special authorizations or restrictions. Applicable licenses 
are given in parentheses.
    (1) Ship Radar endorsement (First and Second Class Radiotelegraph 
Operator's Certificate, General Radiotelephone Operator License).
    (2) Six Months Service endorsement (First and Second Class 
Radiotelegraph Operator's Certificate).
    (3) Restrictive endorsements; relating to physical handicaps, 
English language or literacy waivers, or other matters (all licenses).

                   Coast Station Operator Requirements



Sec. 80.153  Coast station operator requirements.

    (a) Except as provided in Sec. 80.179, operation of a coast station 
transmitter must be performed by a person holding a commercial radio 
operator license of the required class, who is on duty at the control 
point of the station. The operator is responsible for the proper 
operation of the station.
    (b) The minimum class of radio operator license required for 
operation of each specific classification of station is set forth below:

                        Minimum Operator License

Public coast telegraph, all classes--T-2.
    --Manual Morse under supervision of T1 or T2--T-3.
    --NB-DP under supervision of T1 or T2--T-3, G or MP.
Coast telephone, all classes--None.

    (c) Special Operating Conditions: (1) When a coast telephone station 
of any class is used to transmit manual telegraphy the telegraph key 
operator must hold a third-class or higher radiotelegraph operator's 
license.
    (2) An operational fixed station associated with a coast station may 
be operated by the operator of the associated coast station.

[51 FR 31213, Sept. 2, 1986, as amended at 54 FR 10008, Mar. 9, 1989; 54 
FR 40058, Sept. 29, 1989; 62 FR 40305, July 28, 1997]

[[Page 46]]

                   Ship Station Operator Requirements



Sec. 80.155  Ship station operator requirements.

    Except as provided in Secs. 80.177 and 80.179, operation of 
transmitters of any ship station must be performed by a person holding a 
commercial radio operator license or permit of the class required below. 
The operator is responsible for the proper operation of the station.

[54 FR 10008, Mar. 9, 1989]



Sec. 80.156  Control by operator.

    The operator on board ships required to have a holder of a 
commercial operator license or permit on board may, if authorized by the 
station licensee or master, permit an unlicensed person to modulate the 
transmitting apparatus for all modes of communication except Morse code 
radiotelegraphy.

[51 FR 34984, Oct. 1, 1986]



Sec. 80.157  Radio officer defined.

    A radio officer means a person holding a first or second class 
radiotelegraph operator's certificate issued by the Commission who is 
employed to operate a ship radio station in compliance with Part II of 
Title III of the Communications Act. Such a person is also required to 
be licensed as a radio officer by the U.S. Coast Guard when employed to 
operate a ship radiotelegraph station.

[53 FR 46455, Nov. 17, 1988]



Sec. 80.159  Operator requirements of Title III of the Communications Act and the Safety Convention.

    (a) Each telegraphy passenger ship equipped with a radiotelegraph 
station in accordance with Part II of Title III of the Communications 
Act must carry one radio officer holding a first or second class 
radiotelegraph operator's certificate and a second radio officer holding 
either a first or second class radiotelegraph operator's certificate. 
The holder of a second class radiotelegraph operator's certificate may 
not act as the chief radio officer.
    (b) Each cargo ship equipped with a radiotelegraph station in 
accordance with Part II of Title III of the Communications Act and which 
has a radiotelegraph auto alarm must carry a radio officer holding a 
first or second class radiotelegraph operator's certificate who has had 
at least six months service as a radio officer on board U.S. ships. If 
the radiotelegraph station does not have an auto alarm, a second radio 
officer who holds a first or second class radiotelegraph operator's 
certificate must be carried.
    (c) Each cargo ship equipped with a radiotelephone station in 
accordance with Part II of Title III of the Communications Act must 
carry a radio operator who meets the following requirements:
    (1) Where the station power does not exceed 1500 watts peak envelope 
power, the operator must hold a marine radio operator permit or higher 
class license.
    (2) Where the station power exceeds 1500 watts peak envelope power, 
the operator must hold a general radiotelephone radio operator license 
or higher class license.
    (d) Each ship transporting more than six passengers for hire 
equipped with a radiotelephone station in accordance with Part III of 
Title III of the Communications Act must carry a radio operator who 
meets the following requirements:
    (1) Where the station power does not exceed 250 watts carrier power 
or 1500 watts peak envelope power, the radio operator must hold a marine 
radio operator permit or higher class license.
    (2) Where the station power exceeds 250 watts carrier power or 1500 
watts peak envelope power, the radio operator must hold a general 
radiotelephone operator license or higher class license.

[51 FR 31213, Sept. 2, 1986, as amended at 54 FR 40058, Sept. 29, 1989]



Sec. 80.161  Operator requirements of the Great Lakes Radio Agreement.

    Each ship subject to the Great Lakes Radio Agreement must have on 
board an officer or member of the crew who holds a marine radio operator 
permit or higher class license.



Sec. 80.163  Operator requirements of the Bridge-to-Bridge Act.

    Each ship subject to the Bridge-to-Bridge Act must have on board a 
radio

[[Page 47]]

operator who holds a restricted radiotelephone operator permit or higher 
class license.



Sec. 80.165  Operator requirements for voluntary stations.

                        Minimum operator license
Ship Morse telegraph.........................  T-2.
Ship direct-printing telegraph...............  MP.
Ship telephone, more than 250 watts carrier    G.
 power or 1,000 watts peak envelope power.
Ship telephone, not more than 250 watts        MP.
 carrier power or 1,000 watts peak envelope
 power.
Ship telephone, not more than 100 watts
 carrier power or 400 watts peak envelope
 power:
    Above 30 MHz.............................  None.\1\
    Below 30 MHz.............................  RP.
Ship earth station...........................  RP.
 
\1\ RP required for international voyage.

                      General Operator Requirements



Sec. 80.167  Limitations on operators.

    The operator of maritime radio equipment other than T-1, T-2, or G 
licensees, must not:
    (a) Make equipment adjustments which may affect transmitter 
operation;
    (b) Operate any transmitter which requires more than the use of 
simple external switches or manual frequency selection or transmitters 
whose frequency stability is not maintained by the transmitter itself.



Sec. 80.169  Operators required to adjust transmitters or radar.

    (a) All adjustments of radio transmitters in any radiotelephone 
station or coincident with the installation, servicing, or maintenance 
of such equipment which may affect the proper operation of the station, 
must be performed by or under the immediate supervision and 
responsibility of a person holding a first or second class 
radiotelegraph operator's certificate or a general radiotelephone 
operator license.
    (b) Only persons holding a first or second class radiotelegraph 
operator certificate must perform such functions at radiotelegraph 
stations transmitting Morse code.
    (c) Only persons holding an operator certificate containing a ship 
radar endorsement must perform such functions on radar equipment.

[51 FR 31213, Sept. 2, 1986, as amended at 54 FR 40058, Sept. 29, 1989]



Sec. 80.175  Availability of operator licenses.

    All operator licenses required by this subpart must be readily 
available for inspection.



Sec. 80.177  When operator license is not required.

    (a) No radio operator authorization is required to operate:
    (1) A shore radar, a shore radiolocation, maritime support or shore 
radionavigation station;
    (2) A survival craft station or an emergency position indicating 
radio beacon;
    (3) A ship radar station if:
    (i) The radar frequency is determined by a nontunable, pulse type 
magnetron or other fixed tuned device, and
    (ii) The radar is capable of being operated exclusively by external 
controls;
    (4) An on board station; or
    (5) A ship station operating in the VHF band on board a ship 
voluntarily equipped with radio and sailing on a domestic voyage.
    (b) No radio operator license is required to install a VHF 
transmitter in a ship station if the installation is made by, or under 
the supervision of, the licensee of the ship station and if 
modifications to the transmitter other than front panel controls are not 
made.
    (c) No operator license is required to operate coast telephone 
stations or marine utility stations.
    (d) No radio operator license is required to install a radar station 
on a voluntarily equipped ship when a manual is included with the 
equipment that provides step-by-step instructions for the installation, 
calibration, and operation of the radar. The installation must be made 
by, or under the supervision of, the licensee of that ship station and 
no modifications or adjustments other than to the front panel controls 
are to be made to the equipment.

[51 FR 31213, Sept. 2, 1986, as amended at 53 FR 41434, Oct. 28, 1987; 
62 FR 40305, July 28, 1997]

[[Page 48]]



Sec. 80.179  Unattended operation.

    The following unattended transmitter operations are authorized:
    (a) EPIRB operations when emergency conditions preclude attendance 
of the EPIRB transmitter by a person.
    (b) Automatic use of a transmitter during narrow-band direct-
printing (NB-DP) operations in accordance with Sec. 80.219.
    (c) Automatic use of a transmitter during selective calling 
operations in accordance with Sec. 80.225.
    (d) Automatic use of a transmitter when operating as part of the 
Automated Maritime Telecommunications System (AMTS), an automated multi-
station system for which provisions are contained in this part, or an 
automated public coast station.
    (e) Automatic use of a VHF transmitter to send brief digital 
communications relating to the condition or safety of vessels while 
moored when all of the following conditions are met:
    (1) The equipment must be using DSC in accordance with CCIR 
Recommendations 493 and 541 as modified by this section.
    (2) Sensors must automatically activate the transmitter only under 
one or more of the following conditions:
    (i) Fire, explosion;
    (ii) Flooding;
    (iii) Collision;
    (iv) Grounding;
    (v) Listing, in danger of capsizing;
    (vi) Sinking;
    (vii) Disabled and adrift; and
    (viii) Undesignated condition related to ship safety.
    (3) The ``ROUTINE'' DSC category must be used.
    (4) Communications must be selectively addressed to an individual 
station.
    (5) Transmitter output power must not exceed one watt.
    (6) The call must employ a fixed format and must be in conformity 
with Recommendation 493 as follows:

Format specifier: Individual call--symbol 120 sent twice.
Address: 9 digit maritime mobile service identity of called station.
Category: Routine--symbol 100.
Self-identification: 9 digit ship station identity.
Message 1: Telecommand symbol 126 sent twice.
Message 2: Telecommand symbol 126 sent 6 times.
End of sequence: Symbol 127.
Error-check character: Check sum.

    (7) Such transmissions are permitted only on channel 70 and the 
transmitter must be inhibited automatically whenever there is another 
call in progress on Channel 70.
    (8) The call sequence for any one alarm must not be repeated until 
after an interval of at least five seconds. Further repetition is 
permitted only after intervals of at least fifteen minutes each. 
Repetitions following fifteen-minute waiting intervals must not exceed 
three.

[54 FR 10008, Mar. 9, 1989, as amended at 62 FR 40305, July 28, 1997]



                 Subpart E--General Technical Standards



Sec. 80.201  Scope.

    This subpart gives the general technical requirements for the use of 
frequencies and equipment in the maritime services. These requirements 
include standards for equipment authorization, frequency tolerance, 
modulation, emission, power and bandwidth.



Sec. 80.203  Authorization of transmitters for licensing.

    (a) Each transmitter authorized in a station in the maritime 
services after September 30, 1986, except as indicated in paragraphs 
(g), (h) and (i) of this section, must be certificated by the Commission 
for part 80 operations. The procedures for certification are contained 
in part 2 of this chapter. Transmitters of a model authorized before 
October 1, 1986 will be considered type accepted for use in ship or 
coast stations as appropriate.
    (b) The external controls, of maritime station transmitters capable 
of operation in the 156-162 MHz band and manufactured in or imported 
into the United States after August 1, 1990, or sold or installed after 
August 1, 1991, must provide for selection of only maritime channels for 
which the maritime station is authorized. Such transmitters must not be 
capable of being programmed by station operators using external controls 
to transmit on channels other than those programmed by

[[Page 49]]

the manufacturer, service or maintenance personnel.
    (1) Any manufacturer procedures and special devices for programming 
must only be made available to service companies employing licensed 
service and maintenance personnel that meet the requirements of 
Sec. 80.169(a) and must not be made available with information normally 
provided to consumers.
    (2) The channels preprogrammed by manufacturers, service and 
maintenance personnel for selection by the external controls of a 
maritime station transmitter must be limited to those channels listed in 
this part and the duplex channels listed in Appendix 18 of the 
international Radio Regulations. The duplex channels listed in Appendix 
18 of the international Radio Regulations must be used only in the 
specified duplex mode. Simplex operations on Appendix 18 duplex channels 
that are not in accordance with this part are prohibited.
    (3) Programming of authorized channels must be performed only by a 
person holding a first or second class radiotelegraph operator's 
certificate or a general radiotelephone operator's license using any of 
the following procedures:
    (i) Internal adjustment of the transmitter;
    (ii) Use of controls normally inaccessible to the station operator;
    (iii) Use of external devices or equipment modules made available 
only to service and maintenance personnel through a service company; and
    (iv) Copying of a channel selection program directly from another 
transmitter (cloning) using devices and procedures made available only 
to service and maintenance personnel through a service company.
    (4) VHF maritime radio station transmitters capable of being 
programmed by station operators by means of external controls that are 
installed in a maritime station by August 1, 1991, are authorized for 
use indefinitely at the same maritime station.
    (c) All VHF ship station transmitters that are either manufactured 
in or imported into the United States, on or after August 1, 1993, or 
are initially installed on or after August 1, 1994, must be equipped 
with an automatic timing device that deactivates the transmitter and 
reverts the transmitter to the receive mode after an uninterrupted 
transmission period of five minutes, plus or minus 10 per cent. 
Additionally, such transmitters must have a device that indicates when 
the automatic timer has deactivated the transmitter. VHF ship station 
transmitters initially installed before August 1, 1994, are authorized 
for use indefinitely at the same maritime station. VHF hand-held, 
portable transmitters are not required to comply with the requirements 
in paragraph (c) of this section except when used as described in 
Sec. 80.141.
    (d) Except for radar equipment, applicants for certification of 
radio equipment designed to satisfy Part II of Title III of the 
Communications Act or the Safety Convention must also submit with their 
application a working unit of the type for which certification is 
desired. Manufacturers of radar equipment intended for installation on 
voluntarily equipped ships by persons without FCC operators license must 
include with their equipment authorization application a manual that 
provides step-by-step procedures for the installation, calibration, and 
operation of the radar stations.
    (e) Double sideband (DSB) radiotelephone equipment operating in the 
1605-27500 kHz band will be authorized only for use in ship stations. 
Such equipment must comply with Chapter IV of the Safety Convention, 
operate only on the frequency 2182 kHz, and be marked ``Distress and 
Safety Use Only''.
    (f) Transmitters certificated for single sideband suppressed carrier 
radiotelephone transmissions may be used for facsimile transmissions 
without filing for a certification modification provided the 
transmitters retain certification and comply with the applicable 
standards in this part.
    (g) Manufacturers of ship earth station transmitters intended for 
use in the INMARSAT space segment must comply with the verification 
procedures given in part 2 of this chapter. Such equipment must be 
verified in accordance with the technical requirements provided by 
INMARSAT and

[[Page 50]]

must be type approved by INMARSAT for use in the INMARSAT space segment. 
The ship earth station input/output parameters, the data obtained when 
the equipment is integrated in system configuration and the pertinent 
method of test procedures that are used for type approval of the station 
model which are essential for the compatible operation of that station 
in the INMARSAT space segment must be disclosed by the manufacturer upon 
request of the FCC or the United States Signatory. Witnessing of the 
type approval tests and the disclosure of the ship earth station 
equipment design or any other information of a proprietary nature will 
be at the discretion of the ship earth station manufacturer. 
Transmitters of a model that was certificated by MARISAT for use in its 
system will be considered verified for use in the INMARSAT system. 
However, the continued use of such equipment will not be permitted after 
September 1, 1991, unless verified under the Commission's procedures.
    (h) In addition to the certification requirements contained in part 
2 of this chapter applicants for type acceptance of 406.025 MHz 
radiobeacons must also comply with the certification procedures 
contained in Sec. 80.1061 of this part.
    (i) Certification is not required for U.S. Government furnished 
transmitters to fulfill a U.S. Government contract. However, such 
transmitters must comply with all technical requirements in this part.
    (j) Certification is not required for transmitters authorized for 
developmental stations.
    (k) Certification of individual radio transmitters requested by 
station applicants or licensees must also follow the certification 
procedure in paragraph (a) of this section. However, operation of such 
transmitters must be limited to the specific units individually 
identified on the station authorization.
    (l) Ship station transmitters may be certificated for emissions not 
shown in Sec. 80.205 of this part. However, such emissions are not 
authorized for use in the United States or for communications with U.S. 
coast stations.
    (m) Ship station MF, HF, and VHF transmitters may employ external or 
internal devices to send synthesized voice transmissions for distress 
and safety purposes on any distress and safety frequency authorized for 
radiotelephony listed in Sec. 80.369 provided the following requirements 
are met:
    (1) The technical characteristics of the distress transmissions must 
comply with this part.
    (2) A transmitter and any internal device capable of transmitting a 
synthesized voice message must be certificated as an integral unit.
    (3) The synthesized voice distress transmission must begin with the 
words ``this is a recording'' and should be comprised of at least:
    (i) the radiotelephone distress call as described in Sec. 80.315(b) 
and the ship's position as described in Sec. 80.316(c); or
    (ii) the radiotelephone distress message as described in 
Sec. 80.316(b). If available, the ship's position should be reported as 
described in Sec. 80.316(c).
    (4) Such transmission must be initiated manually by an off-switch 
that is protected from inadvertent activation and must cause the 
transmitter to switch to an appropriate distress and safety frequency. 
The radiotelephone distress call and message described in 
Secs. 80.203(m)(3) (i) and (ii), respectively, may be repeated. However, 
the entire transmission including repeats must not exceed 45 seconds 
from beginning to end. Upon ending the transceiver must return to the 
receive mode and must not be capable of sending the synthesized distress 
call for at least thirty seconds. Placing the switch to the off position 
must stop the distress transmission and permit the transmitter to be 
used to send and receive standard voice communications.
    (5) Use of the microphone must cause the synthesized voice distress 
transmission to cease and allow the immediate use of the transmitter for 
sending and receiving standard voice communications.
    (n) Applications for type acceptance of all marine radio 
transmitters operating in the 2-27.5 MHz band or the 156-162 MHz band 
received on or after June 17, 1999, must have a DSC capability in 
accordance with Sec. 80.225. This requirement does not apply to 
transmitters

[[Page 51]]

used with AMTS or hand-held portable transmitters.

[51 FR 31213, Sept. 2, 1986, as amended at 53 FR 41434, Oct. 28, 1987; 
53 FR 37308, Sept. 26, 1988; 54 FR 31839, Aug. 2, 1989; 56 FR 3787, Jan. 
31, 1991; 56 FR 57496, Nov. 12, 1991; 56 FR 57988, Nov. 15, 1991; 57 FR 
8727, Mar. 12, 1992; 62 FR 40305, July 28, 1997; 63 FR 36606, July 7, 
1998]

    Effective Date Note:  At 63 FR 36606, July 7, 1998, section 80.203, 
paragraph (a) was amended by removing the term ``type accepted'' and 
adding in its place ``certificated'' in the first sentence, removing the 
term ``type acceptance'' and adding in its place ``certification'' in 
the second sentence, and removing the term ``type accepted or type 
approved'' and adding in its place ``authorized'' in the last sentence. 
Paragraphs (d), (f), (h), (g), (i), (j), (k), (l) and (m)(2) were 
amended by removing the term ``type accepted'' each place it appears and 
adding in its place ``certificated'' and removing the term ``type 
acceptance'' each place its appears and adding in its place 
``certification''. Paragraph (k) was amended by removing the last 
sentence, effective Oct. 5, 1998.



Sec. 80.205  Bandwidths.

    (a) An emission designator shows the necessary bandwidth for each 
class of emission of a station except that in ship earth stations it 
shows the occupied or necessary bandwidth, whichever is greater. The 
following table gives the class of emission and corresponding emission 
designator and authorized bandwidth:

------------------------------------------------------------------------
                                                            Authorized
            Class of emission                Emission        bandwidth
                                            designator         (kHz)
------------------------------------------------------------------------
A1A.....................................         160HA1A             0.4
A1B \1\.................................         160HA1B             0.4
A1D \12\................................         16K0A1D            20.0
A2A.....................................         2K66A2A             2.8
A2B \1\.................................         2K66A2B             2.8
A2D \12\................................         16K0A2D            20.0
A3E.....................................         6K00A3E             8.0
A3N \2\.................................         2K66A3N             2.8
A3X \3\.................................         3K20A3X            25.0
F1B \4\.................................         280HF1B             0.3
F1B \5\.................................         300HF1B             0.5
F1B \6\.................................         16KOF1B            20.0
F1C.....................................         2K80F1C             3.0
F1D \12\................................         16K0F1D            20.0
F2B \6\.................................         16KOF2B            20.0
F2C \7\.................................         16KOF2C            20.0
F2D \12\................................         16K0F2D            20.0
F3C.....................................         2K80F3C             3.0
F3C \7\.................................         16KOF3C            20.0
F3E \8\.................................         16KOF3E            20.0
F3N \9\.................................         20MOF3N        20,000.0
G1D \12\................................         16K0G1D            20.0
G2D \12\................................         16K0G2D            20.0
G3D \10\................................         16KOG3D            20.0
G3E \8\.................................         16KOG3E            20.0
G3N \3\  \13\...........................         16KOG3N            20.0
H2A.....................................         1K40H2A             2.8
H2B \1\.................................         1K40H2B             2.8
H3E \11\................................         2K80H3E             3.0
H3N.....................................         2K66H3N             2.8
J2A.....................................         160HJ2A             0.4
J2B \4\.................................         280HJ2B             0.3
J2B \5\.................................         300HJ2B             0.5
J2B.....................................         2K80J2B             3.0
J2C.....................................         2K80J2C             3.0
J3C.....................................         2K80J3C             3.0
J3E \11\................................         2K80J3E             3.0
J3N.....................................         160HJ3N             0.4
NON.....................................             NON             0.4
PON.....................................          (\12\)          (\12\)
R3E \11\................................         2K80R3E            3.0
------------------------------------------------------------------------
\1\ On 500 kHz and 2182 kHz A1B, A2B, H2B and J2B emissions indicate
  transmission of the auto alarm signals.
\2\ Applicable only to transmissions in the 405-525 kHz band for
  direction finding.
\3\ Applicable only to EPIRB's.
\4\ Radioprinter transmissions for communications with private coast
  stations.
\5\ NB-DP radiotelegraph and data transmissions for communications with
  public coast stations.
\6\ Applicable only to radioprinter and data in the 156-162 MHz band and
  radioprinter in the 216-220 MHz band.
\7\ Applicable only to facsimile in the 156-162 MHz and 216-220 MHz
  bands.
\8\ Applicable only when maximum frequency deviation is 5 kHz. See also
  paragraph (b) of this section.
\9\ Applicable only to marine hand-held radar.
\10\ Applicable only to on-board frequencies for maneuvering or
  navigation.
\11\ Transmitters approved prior to December 31, 1969, for emission H3E,
  J3E and R3E and an authorized bandwidth of 3.5 kHz may continue to be
  operated. These transmitters will not be authorized in new
  installations.
\12\ Applicable to radiolocation and associated telecommand ship
  stations operating on 154.585 MHz, 159.480 MHz, 160.725 MHz. 160.785
  MHz, 454.000 MHz, and 459.000 MHz; emergency position indicating
  radiobeacons operating in the 406.000-406.1000 MHz frequency bank; and
  data transmissions in the 156-162 MHz band.
\13\ Class C EPIRB stations may not be used after February 1, 1999.

    (b) For land stations the maximum authorized frequency deviation for 
F3E or G3E emission is as follows:
    (1) 5 kHz in the 72.0-73.0 MHz, 75.4-76.0 MHz and 156-162 MHz bands;
    (2) 15 kHz for stations which were authorized for operation before 
December 1, 1961, in the 73.0-74.6 MHz band.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 7418, Mar. 11, 1987; 53 
FR 37308, Sept. 26, 1988; 56 FR 11516, Mar. 19, 1991; 57 FR 43407, Sept. 
21, 1992; 58 FR 33344, June 17, 1993; 59 FR 7714, Feb. 16, 1994; 62 FR 
40305, July 28, 1997; 63 FR 36606, July 7, 1998]

    Effective Date Note:  At 63 FR 36606, July 7, 1998, Sec. 80.205, 
paragraph (a), footnote 11 was amended by removing the term ``type 
accepted'' and adding in its place ``approved'', effective Oct. 5, 1998.



Sec. 80.207  Classes of emission.

    (a) Authorization to use radiotelephone and radiotelegraph emissions 
by ship and coast stations includes the

[[Page 52]]

use of digital selective calling and selective calling techniques in 
accordance with Sec. 80.225.
    (b) In radiotelegraphy communications employing a modulated carrier 
the carrier must be keyed and modulated by an audio frequency.
    (c) Authorization to use single sideband emission is limited to 
emitting a carrier;
    (1) For full carrier transmitters at a power level between 3 and 6 
dB below peak envelope power;
    (2) For suppressed carrier transmitters at a power level at least 40 
dB below peak envelope power; and
    (3) For reduced or variable level carrier:
    (i) In the 1600-4000 kHz band:
    (A) For coast station transmitters 182 dB below peak 
envelope power;
    (B) For ship station transmitters installed before January 2, 1982, 
162 dB below peak envelope power; and
    (C) For ship station transmitters installed after January 1, 1982, 
182 dB below peak envelope power.
    (ii) In the 4000-27500 kHz band:
    (A) For coast station transmitters 182 dB below peak 
envelope power;
    (B) For ship station transmitters installed before January 2, 1978, 
162 dB below peak envelope power; and
    (C) For ship station transmitters installed after January 1, 1978, 
182 dB below peak envelope power.
    (d) The authorized classes of emission are as follows:

------------------------------------------------------------------------
         Types of stations                   Classes of emission
------------------------------------------------------------------------
         Ship Stations \1\
 
Radiotelegraphy:
    100-160 kHz....................  A1A
    405-525 kHz....................  A1A, J2A
    1605-27500 kHz:
        Manual.....................  A1A, J2A
        DSC........................  F1B, J2B
        NB-DP \14\.................  F1B, J2B
        Facsimile..................  F1C, F3C, J2C, J3C
    156-162 MHz \2\................  F1B,F2B,F2C,F3C,F1D,F2D
        DSC........................  G2B
    216-220 MHz \3\................  F1B, F2B, F2C, F3C
    1626.5-1646.5 MHz..............  (\4\)
Radiotelephony:
    1605-27500 kHz \5\.............  H3E, J3E, R3E
    27.5-470 MHz \6\...............  G3D, G3E
    1626.5-1646.5 MHz..............  (\4\)
Radiodetermination:
    285-325 kHz \7\................  A1A, A2A
    405-525 kHz (Direction Finding)  A3N, H3N, J3N, NON
     \8\.
  154-459 MHz: \12\................  A1D, A2D, F1D, F2D, G1D, G2D
    2.4-9.5 GHz....................  PON
    14.00-14.05 GHz................  F3N
 
         Land Stations \1\
 
Radiotelegraphy:
    100-160 kHz....................  A1A
    405-525 kHz....................  A1A, J2A
    1605-2850 kHz:                   ...................................
        Manual.....................  A1A, J2A
        Facsimile..................  F1C, F3C, J2C, J3C
        Alaska--Fixed..............  A1A, J2A
    4000-27500 kHz:                  ...................................
        Manual.....................  A1A, J2A
        DSC........................  F1B, J2B
        NB-DP \14\.................  F1B, J2B
        Facsimile..................  F1C, F3C, J2C, J3C
        Alaska--Fixed..............  A1A, A2A, F1B, F2B
    72-76 MHz......................  A1A, A2A, F1B, F2B
    156-162 MHz\2\.................  F1B,F2B,F2C,F3C,F1D,F2D
      DSC..........................  G2B
    216-220 MHz \3\................  F1B, F2B, F2C, F3C
Radiotelephony:
    1605-27500 kHz.................  H3E, J3E, R3E
    72-76 MHz......................  A3E, F3E, G3E
    156-470 MHz....................  G3E
Radiodetermination:
    2.4-9.6 GHz....................  PON
Distress, Urgency and Safety: \8\
 \9\
    500 kHz \10\...................  A2A and A2B or H2A and H2B
    2182 kHz \10\ \11\.............  A2B, A3B, H2B, H3E, J2B, and J3E
    8364 kHz.......................  A2A, H2A
    121.500 MHz....................  A3E, A3X, N0N
    123.100 MHz....................  A3E
    156.750 and 156.800 MHz \13\...  G3E, G3N
    243.000 MHz....................  A3E, A3X, N0N
    406.025 MHz....................  G1D
------------------------------------------------------------------------
\1\ Excludes distress, EPIRBs, survival craft, and automatic link
  establishment.
\2\ Frequencies used for public correspondence and in Alaska 156.425
  MHz. See Secs.  80.371(c), 80.373(f) and 80.385(b). Transmitters
  approved before January 1, 1994, for G3E emissions will be authorized
  indefinitely for F2C, F3C, F1D and F2D emissions. Transmitters
  approved on or after January 1, 1994, will be authorized for F2C, F3C,
  F1D or F2D emissions only if they are approved specifically for each
  emission designator.
\3\ Frequencies used in the Automated Maritime Telecommunications System
  (AMTS). See Sec.  80.385(b).
\4\ Types of emission are determined by the INMARSAT Organization.
\5\ Transmitters approved prior to December 31, 1969, for emission H3E,
  J3E, and R3E and an authorized bandwidth of 3.5 kHz may continue to be
  operated. These transmitters will not be authorized in new
  installations.
\6\ G3D emission must be used only by one-board stations for maneuvering
  or navigation.
\7\ Frequencies used for cable repair operations. See Sec.  80.375(b).
\8\ For direction finding requirements see Sec.  80.375.
\9\ Includes distress emissions used by ship, coast, EPIRB's and
  survival craft stations.
\10\ On 500 kHz and 2182 kHz A1B, A2B, H2B and J2B emissions indicate
  transmission of the auto alarm signals.
\11\ Ships on domestic voyages must use J3E emission only.
\12\ For frequencies 154.585 MHz, 159.480 MHz, 160.725 MHz, 160.785 MHz,
  454.000 MHz and 459.000 MHz, authorized for offshore radiolocation and
  related telecommand operations.
\13\ Class C EPIRB stations may not be used after February 1, 1999.
\14\ NB-DP operations which are not in accordance with CCIR
  Recommendation 625 or 476 are permitted to utilize any modulation, so
  long as emissions are within the limits set forth in Sec.  80.211(f).


[[Page 53]]


[51 FR 31213, Sept. 2, 1986; 51 FR 34984, Oct. 1, 1986; as amended at 52 
FR 7418, Mar. 11, 1987; 52 FR 35244, Sept. 18, 1987; 53 FR 8905, Mar. 
18, 1988; 53 FR 37308, Sept. 26, 1988; 54 FR 40058, Sept. 29, 1989; 54 
FR 49993, Dec. 4, 1989; 56 FR 11516, Mar. 19, 1991; 57 FR 43407, Sept. 
21, 1992; 58 FR 33344, June 17, 1993; 62 FR 40305, July 28, 1997; 63 FR 
---------------------------------------------------------------------------
36606, July 7, 1998]

    Effective Date Note:  At 63 FR 36606, July 7, 1998, Sec. 80.207, 
paragraph (d), footnotes 2 and 5 were amended by removing the term 
``type accepted'' and adding in its place ``approved'', effective Oct. 
5, 1998.



Sec. 80.209  Transmitter frequency tolerances.

    (a) The frequency tolerance requirements applicable to transmitters 
in the maritime services are shown in the following table. Tolerances 
are given as parts in 10\6\ unless shown in Hz.

------------------------------------------------------------------------
Frequency bands and categories of stations          Tolerances\1\
------------------------------------------------------------------------
(1) Band 100-525 kHz:
  (i) Coast stations:
    For single sideband emissions.........  20 Hz.
    For transmitters with narrow-band       10 Hz.\2\
     direct printing and data emissions.
    For transmitters with digital           10 Hz.
     selective calling emissions.
    For all other emissions...............  100
  (ii) Ship stations:
    For transmitters with single sideband   20 Hz.
     emissions approved before November
     30, 1977.
    For transmitters with other emissions   1000.\5\
     approved before November 30, 1977.
    For transmitters with narrow-band       10 Hz.\2\
     direct printing and data emissions.
    For transmitters with digital           10 Hz.\3\
     selective calling emissions.
    For all other transmitters approved     20 Hz.
     after November 29, 1977.
  (iii) Ship stations for emergency only:
    For transmitters approved before        3000.\5\
     November 30, 1977.
    For all transmitters approved after     20 Hz.
     November 29, 1977.
  (iv) Survival craft stations:
    For transmitters approved before        5000.\5\
     November 30, 1977.
    For transmitters approved after         20 Hz.
     November 29, 1977.
  (v) Radiodetermination stations:
    For all emissions.....................  100.
(2) Band 1600-4000 kHz:
  (i) Coast Stations and Alaska fixed
   stations:
    For single sideband and facsimile.....  20 Hz.
    For narrow-band direct-printing and     10 Hz.\2\
     data emissions.
    For digital selective calling           10 Hz.
     emissions.
    For all other emissions...............  50.
  (ii) Ship stations:
    For transmitters with narrow-band       10 Hz.\2\
     direct printing and data emissions.
    For transmitters with digital           10 Hz.\3\
     selective calling emissions.
    For all other transmitters............  20 Hz.
  (iii) Survival craft stations:            20 Hz.
  (iv) Radiodetermination stations:
    With power 200W or less...............  20.
    With power above 200W.................  10.
(3) Band 4000-27500 kHz:
  (i) Coast stations and Alaska fixed
   stations:
    For single sideband and facsimile       20 Hz.
     emissions.
    For narrow-band direct printing and     10 Hz.\2\
     data emissions.
    For digital selective calling           10 Hz.
     emissions.
    For Morse telegraphy emissions........  10.
    For all other emissions...............  15.
  (ii) Ship stations:
    For transmitters with narrow-band       10 Hz.\2\
     direct printing and data emissions.
    For transmitters with digital           10 Hz.\3\
     selective calling emissions.
    For all other transmitters............  20 Hz.
  (iii) Survival craft stations:            50 Hz.
(4) Band 72-76 MHz:
  (i) Fixed stations:
    Operating in the 72.0-73.0 and 75.4-    5.
     76.0 MHz bands.
    Operating in the 73.0-74.6 MHz band...  50.
(5) Band 156-162 MHz:
  (i) Coast stations:
    For stations licensed to operate with
     a carrier power:.
      Below 3 watts.......................  10.
      3 to 100 watts......................  \7\ 5.
  (ii) Ship stations......................  10.\4\
  (iii) Survival craft stations operating   50.
   on 121.500 MHz.
  (iv) EPIRBs:
    Operating on 121.500 and 243.000 MHz..  50.
    Operating on 156.750 and 156.800 MHz    10.
     \6\.
(6) Band 216-220 MHz
  (i) Coast Stations:
    For all emissions.....................  5.
  (ii) Ship stations:
    For all emissions.....................  5.
(7) Band 400-466 MHz:
  (i) EPIRBs operating on 406.025 MHz.....  5.
  (ii) On-board stations..................  5.
  (iii) Radiolocation and telecommand       5.
   stations.
(8) Band 1626.5-1646.5 MHz:
  (i) Ship earth stations.................  5.
------------------------------------------------------------------------
\1\ Transmitters authorized prior to January 2, 1990, with frequency
  tolerances equal to or better than those required after this date will
  continue to be authorized in the maritime services provided they
  retain approval and comply with the applicable standards in this part.
 
\2\ The frequency tolerance for narrow-band direct printing and data
  transmitters installed before January 2, 1992, is 15 Hz for coast
  stations and 20 Hz for ship stations. The frequency tolerance for
  narrow-band direct printing and data transmitters approved or
  installed after January 1, 1992, is 10 Hz.
\3\ Until February 2, 1999, the frequency tolerance for DSC ship station
  transmitters in the MF and HF bands that were installed before January
  2, 1992, is 20 Hz. The frequency tolerance for DSC ship station
  transmitters in the MF and HF bands type accepted or installed after
  January 1, 1992, is 10 Hz. After February 1, 1999, the frequency
  tolerance for all DSC ship station transmitters in the MF and HF bands
  (regardless of installation date) is 10 Hz.
\4\ For transmitters in the radiolocation and associated telecommand
  service operating on 154.585 MHz, 159.480 MHz, 160.725 MHz and 160.785
  MHz the frequency tolerance is 15 parts in 106.

[[Page 54]]

 
\5\ This frequency tolerance applies to ship station transmitters until
  February 1, 1999. Thereafter, the frequency tolerance is 20 Hz.
\6\ Class C EPIRB stations may not be used after February 1, 1999.
\7\ For transmitters operated at private coast stations with antenna
  heights less than 6 meters (20 feet) above ground and output power of
  25 watts or less the frequency tolerance is 10 parts in 10.\6\

    (b) When pulse modulation is used in land and ship radar stations 
operating in the bands above 2.4 GHz the frequency at which maximum 
emission occurs must be within the authorized bandwidth and must not be 
closer than 1.5/T MHz to the upper and lower limits of the authorized 
bandwidth where ``T'' is the pulse duration in microseconds. In the band 
14.00-14.05 GHz the center frequency must not vary more than 10 MHz from 
14.025 GHz.
    (c) For stations in the maritime radiodetermination service, other 
than ship radar stations, the authorized frequency tolerance will be 
specified on the license when it is not specified in this part.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 7418, Mar. 11, 1987; 53 
FR 37308, Sept. 26, 1988; 54 FR 49994, Dec. 4, 1989; 57 FR 26778, June 
16, 1992; 58 FR 33344, June 17, 1993; 62 FR 40306, July 28, 1997; 63 FR 
36606, July 7, 1998]

    Effective Date Note:  At 63 FR 36606, July 7, 1998, Sec. 80.209, in 
the first column of the table in the entries in paragraph (a), 
paragraphs (1)(ii), (1)(iii) and (1)(iv) were amended by removing the 
terms ``type accepted or type approved'' and ``type approved'' and 
adding in its place ``approved''; footnote 1 following the table, was 
amended by removing the term ``type acceptance'' and adding in its place 
``approval''; footnote 2 was amended by removing the term ``type 
accepted'' and adding in its place ``approved'', effective Oct. 5, 1998.



Sec. 80.211  Emission limitations.

    The emissions must be attenuated according to the following 
schedule.
    (a) The mean power when using emissions H3E, J3E and R3E:
    (1) On any frequency removed from the assigned frequency by more 
than 50 percent up to and including 150 percent of the authorized 
bandwidth:

    at least 25 dB for transmitters installed before February 1, 1992,
    at least 28 dB for transmitters installed on or after February 1, 
1992;

    (2) On any frequency removed from the assigned frequency by more 
than 150 percent up to and including 250 percent of the authorized 
bandwidth: At least 35 dB; and
    (3) On any frequency removed from the assigned frequency by more 
than 250 percent of the authorized bandwidth: At least 43 plus 
10log10 (mean power in watts) dB.
    (b) For transmitters operating in the band 1626.5-1646.5 MHz. In any 
4 kHz band the mean power of emissions shall be attenuated below the 
mean output power of the transmitter as follows:
    (1) Where the center frequency is removed from the assigned 
frequency by more than 50 percent up to and including 100 percent of the 
authorized bandwidth: At least 25 dB;
    (2) Where the center frequency is removed from the assigned 
frequency by more than 100 percent up to 250 percent of the authorized 
bandwidth: At least 35 dB; and
    (3) On any frequency removed from the assigned frequency by more 
than 250 percent of the authorized bandwidth: At least 43 plus 
10log10 (mean power in watts) dB.
    (c) In any 4 kHz band the peak power of spurious emissions and noise 
at the input to the transmit antenna must be attenuated below the peak 
output power of the station as follows:
    (1) 125 dB at 1525.0 MHz, increasing linearly to 90 dB at 1612.5 
MHz;
    (2) 90 dB at 1612.5 MHz increasing linearly to 60 dB at 1624.0 MHz;
    (3) 90 dB from 1624.0 MHz to 1650.0 MHz, except at frequencies near 
the transmitted carrier where the requirements of paragraphs (b)(1) 
through (3) of this section, apply;
    (4) 60 dB at 1650.0 MHz decreasing linearly to 90 dB at 1662.5 MHz;
    (5) 90 dB at 1662.5 MHz decreasing linearly to 125 dB at 1752.5 MHz; 
and
    (6) 125 dB outside above range, except for harmonics which must 
comply with (b)(3) of this section.
    (d) The mean power of emissions from radiotelephone survival craft 
transmitters, 9 GHz search and rescue transponders, and radiotelegraph 
survival craft transmitters must be attenuated below the mean output 
power of the transmitter as follows:
    (1) On any frequency removed from the assigned frequency by more 
than 50

[[Page 55]]

percent, up to and including 100 percent of the authorized bandwidth: at 
least 25 dB;
    (2) On any frequency removed from the assigned frequency by more 
than 100 percent of the authorized bandwidth: at least 30 dB.
    (e) The mean power of EPIRBs operating on 121.500 MHz, 243.000 MHz 
and 406.025 MHz must be as follows:
    (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 dB;
    (2) On any frequency removed from the assigned frequency by more 
than 100 percent: at least 30 dB.
    (f) The mean power when using emissions other than those in 
paragraphs (a), (b), (c) and (d) of this section:
    (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 dB;
    (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 dB; and
    (3) On any frequency removed from the assigned frequency by more 
than 250 percent of the authorized bandwidth: At least 43 plus 
10log10 (mean power in watts) dB.
    (g) Developmental stations must conform to the standards for regular 
authorized stations.

[51 FR 31213, Sept. 2, 1986, as amended at 54 FR 40058, Sept. 29, 1989; 
54 FR 49994, Dec. 4, 1989; 56 FR 11516, Mar. 19, 1991; 62 FR 40306, July 
28, 1997]



Sec. 80.213  Modulation requirements.

    (a) Transmitters must meet the following modulation requirements:
    (1) When double sideband emission is used the peak modulation must 
be maintained between 75 and 100 percent;
    (2) When phase or frequency modulation is used in the 156-162 MHz 
and 216-220 MHz bands the peak modulation must be maintained between 75 
and 100 percent. A frequency deviation of 5 kHz is defined 
as 100 percent peak modulation; and
    (3) In single sideband operation the upper sideband must be 
transmitted. Single sideband transmitters must automatically limit the 
peak envelope power to their authorized operating power and meet the 
requirements in Sec. 80.207(c).
    (b) Radiotelephone transmitters using A3E, F3E and G3E emission must 
have a modulation limiter to prevent any modulation over 100 percent. 
This requirement does not apply to survival craft transmitters, to 
transmitters that do not require a license or to transmitters whose 
output power does not exceed 3 watts.
    (c) Coast station transmitters operated in the 72.0-73.0 MHz and 
75.4-76.0 MHz bands must be equipped with an audio low-pass filter. The 
filter must be installed between the modulation limiter and the 
modulated radio frequency stage. At frequencies between 3 kHz and 15 kHz 
it must have an attenuation greater than at 1 kHz by at least 
40log10 (f/3) dB where ``f'' is the frequency in kilohertz. 
At frequencies above 15 kHz the attenuation must be at least 28 dB 
greater than at 1 kHz.
    (d) Ship and coast station transmitters operating in the 156-162 MHz 
and 216-220 MHz bands must be capable of proper operation with a 
frequency deviation of #5 kHz when using any emission 
authorized by Sec. 80.207.
    (e) Coast station transmitters operated in the 156-162 MHz band must 
be equipped with an audio low-pass filter. The filter must be installed 
between the modulation limiter and the modulated radio frequency stage. 
At frequencies between 3 kHz and 20 kHz it must have an attenuation 
greater than at 1 kHz by at least 60log10(f/3) dB where ``f'' 
is the audio frequency in kilohertz. At frequencies above 20 kHz the 
attenuation must be at least 50 dB greater than at 1 kHz.
    (f) Radiodetermination ship stations operating on 154.585 MHz, 
159.480 MHz, 160.725 MHz, 160.785 MHz, 454.000 MHz and 459.000 MHz must 
employ a duty cycle with a maximum transmission period of 60 seconds 
followed by a minimum quiescent period four times the duration of the 
transmission period.
    (g) Radar stations operating in the bands above 2.4 GHz may use any 
type of modulation consistent with the bandwidth requirements in 
Sec. 80.209(b).

[[Page 56]]

    (h) Radar transponder coast stations using the 2920-3100 MHz or 
9320-9500 MHz band must operate in a variable frequency mode and respond 
on their operating frequencies with a maximum error equivalent to 100 
meters. Additionally, their response must be encoded with a Morse 
character starting with a dash. The duration of a Morse dot is defined 
as equal to the width of a space and \1/3\ of the width of a Morse dash. 
The duration of the response code must not exceed 50 microseconds. The 
sensitivity of the stations must be adjustable so that received signals 
below -10 dBm at the antenna will not activate the transponder. Antenna 
polarization must be horizontal when operating in the 9320-9500 MHz band 
and either horizontal or both horizontal and vertical when operating in 
the 2920-3100 MHz band. Racons using frequency agile transmitting 
techniques must include circuitry designed to reduce interference caused 
by triggering from radar antenna sidelobes.
    (i) Variable frequency ship station transponders operating in the 
2920-3100 MHz or 9320-9500 MHz band that are not used for search and 
rescue purposes must meet the following requirements:
    (1) Non-selectable transponders must have the following 
characteristics:
    (i) They must respond on all their frequencies with a maximum range 
error equivalent to 100 meters;
    (ii) They must use a Morse encoding of ``PS'' (dot-dash-dash-dot, 
dot-dot-dot), meaning ``You should not come any closer''. The width of a 
Morse dot is defined as equal to the width of a space and \1/3\ of the 
width of a Morse dash;
    (iii) When they employ swept frequency techniques they must not 
transmit on any frequency for more than 10 seconds in any 120 second 
period;
    (iv) Any range offset of their response must occur during their 
pause on the fixed frequency;
    (v) The duration of the response code must not exceed 50 
microseconds;
    (vi) The sensitivity of the stations must be adjustable so that 
received signals below -10 dBm at the antenna input will not activate 
the transponder;
    (vii) Antenna polarization must be horizontal when operating in the 
9320-9500 MHz band and either horizontal or both horizontal and vertical 
when operating in the 2920-3100 MHz band.
    (viii) Transponders using frequency agile techniques must include 
circuitry designed to reduce interference caused by triggering from 
radar antenna sidelobes.
    (2) Selectable transponders must be authorized under part 5 of the 
Commission's rules until standards for their use are developed.
    (j) The transmitted signals of search and rescue transponders must 
cause to appear on a radar display a series of at least 20 equally 
spaced dots.
    (k) The modulation requirements for EPIRB's are contained in subpart 
V.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 7418, Mar. 11, 1987; 52 
FR 28825, Aug. 4, 1987; 54 FR 40058, Sept. 29, 1989; 57 FR 43407, Sept. 
21, 1992]



Sec. 80.215  Transmitter power.

    (a) Transmitter power shown on the radio station authorization is 
the maximum power the licensee is authorized to use. Power is expressed 
in the following terms:
    (1) For single sideband emission: Peak evelope power;
    (2) For G3E emission: Carrier power;
    (3) For PON and F3N emission: Mean power;
    (4) For all emissions in the 1626.5-1646.5 MHz band: equivalent 
isotropic radiated power.
    (5) For all other emissions: the carrier power multiplied by 1.67.
    (b) Coast station frequencies below 27500 kHz. The maximum power 
must not exceed the values listed below.

    (1) Public coast stations, except Alaska:
    (i) Radiotelegraphy:

100-160 kHz--80kW
405-525 kHz--40kW
2035-2065 kHz--6.6kW
4000-8000 kHz--10kW
8000-9000 kHz--20kW
12000-27500 kHz--30kW

    (ii) Radiotelephony:

2000-4000 kHz--day--800W
2000-4000 kHz--night--400W
4000-27500 kHz--10kW


[[Page 57]]


    (2) Private coast stations, except in Alaska: 1kW
    (3) Coast stations in Alaska, public and private:

405-525 kHz--265W
1605-12000 kHz--150W

    (c) Coast station frequencies above 27500 kHz. The maximum power 
must not exceed the values listed below.
    (1) Coast stations:

156-162 MHz--50W \1\,\12\
---------------------------------------------------------------------------

    \1\ Maximum authorized power at the input terminals of the station 
antenna.
---------------------------------------------------------------------------

216-220 MHz \2\
---------------------------------------------------------------------------

    \2\ See paragraph (h) of this section.

---------------------------------------------------------------------------
    (2) Marine utility stations:

156-162 MHz--10W

    (d) Ship station frequencies below 27500 kHz. The maximum power must 
not exceed the values listed below:
    (1) Radiotelegraphy: All ships--2kW \3\
---------------------------------------------------------------------------

    \3\ For passenger ships 5000 gross tons and over--8kW. For cable-
repair ships operating on radiodetermination frequencies, 15 watts; see 
Sec. 80.375(b).
---------------------------------------------------------------------------

    (2) Radiotelephony:
    (i) All ships--Great Lakes and Inland Waters--150W
    (ii) All ships--Open waters; 2000-4000 kHz--150W

2182 kHz--emergency, urgency, or safety ship to shore--400W \4\

    \4\ For passenger ships 5000 gross tons and over--1kW.
---------------------------------------------------------------------------

    (iii) All ships--Open waters; 4000-27500 kHz--1.5kW \5\.
---------------------------------------------------------------------------

    \5\ For passenger ships 5,000 gross tons and over 3kW.
---------------------------------------------------------------------------

    (3) Digital selective calling:

All ships 415-526.5 kHz--400 W
All ships 1605-4000 kHz--400 W
All ships 4000-27500 kHz--1.5 kW

    (e) Ship stations frequencies above 27500 kHz. The maximum power 
must not exceed the values listed below.
    (1) Ship stations 156-162 MHz--25W \6\
---------------------------------------------------------------------------

    \6\ Reducible to 1 watt or less, except for transmitters limited to 
public correspondence channels and used in an automated system.
---------------------------------------------------------------------------

    Marine utility stations and hand-held portable transmitters 156-162 
MHz--10W
    (2) Ship stations 216-220 MHz--25W \7\
---------------------------------------------------------------------------

    \7\ Reducible to 2.5 watts or less; see paragraph (i) of this 
section.
---------------------------------------------------------------------------

    (3) On board stations 456-468 MHz--4W \8\
---------------------------------------------------------------------------

    \8\ Certification based on a carrier power of 4 watts with 
transmitter connected to a dummy load of matching impedance. The 
effective radiated power must not exceed 2 watts.
---------------------------------------------------------------------------

    (4) Ship earth stations 1626.5-1646.5 MHz \9\
---------------------------------------------------------------------------

    \9\ See paragraph (k) of this section.
---------------------------------------------------------------------------

    (5) Ship radar stations with F3N emission--200 mW
    (6) EPIRB--121.500 and 243.00 MHz \10\
---------------------------------------------------------------------------

    \10\ See subpart V of this part.
---------------------------------------------------------------------------

    (7) EPIRB--156.750 and 156.800 MHz \10\
    (f) Fixed stations. The maximum power must not exceed the values+ 
listed below.
    (1) Maritime support (receiver test):

R3E and J3C emission--150W
F3E emission--50W

    (2) Operational fixed: 72-76 MHz and above 162 MHz \11\
---------------------------------------------------------------------------

    \11\ See paragraph (l) of this section.
    \12\ The frequencies 156.375 MHz and 156.650 MHz are primarily 
intership frequencies. When authorized for coast stations on a secondary 
basis, the normal output power must not exceed 1 watt and the maximum 
output power must not exceed 10 watts.
---------------------------------------------------------------------------

    (3) Alaska--Private fixed:
10-200 kHz--650W
405-525 kHz--265W
1605-12000 kHz--150W

    (4) Alaska--Public fixed:

405-525 kHz--1kW
1605-12000 kHz--1kW

    (g) The carrier power of ship station radiotelephone transmitters, 
except portable transmitters, operating in the 156-162 MHz band must be 
at least 8 but not more than 25 watts. Transmitters that use 12 volt 
lead acid storage batteries as a primary power source must be measured 
with a primary voltage between 12.2 and 13.7 volts DC. Additionally, 
unless otherwise indicated, equipment in radiotelephone ship stations 
operating in the 156-162 MHz band must meet the following requirements:
    (1) All transmitters must be capable of reducing the carrier power 
to one watt or less;
    (2) All remote control units that are used with transmitters 
manufactured after August 31, 1979, or installed after February 29, 
1980, must be capable of

[[Page 58]]

causing the carrier power to be reduced to one watt or less;
    (3) Except as indicated in (4) of this paragraph, all transmitters 
manufactured after January 21, 1987, or in use after January 21, 1997, 
must automatically reduce the carrier power to one watt or less when the 
transmitter is tuned to 156.375 MHz or 156.650 MHz, and must be provided 
with a manual override switch which when held by an operator will permit 
full carrier power operation on 156.375 MHz and 156.650 MHz;
    (4) Hand-held portable transmitters are not required to comply with 
the automatic reduction of carrier power in (g)(3) of this section; and
    (5) Transmitters dedicated for use on public correspondence duplex 
channels as additional equipment to a VHF ship station in the Great 
Lakes which meet all pertinent rules in this part are not required to 
reduce their carrier power to one watt.
    (h) Coast stations in an AMTS may radiate as follows, subject to the 
condition that no harmful interference will be caused to television 
reception except that TV services authorized subsequent to the filing of 
the AMTS station application will not be protected.
    (1) When located more than 169 kilometers (105 miles) from the 
antenna of a Channel 13 TV station and more than 129 kilometers (80 
miles) from the antenna of a channel 10 station, the ERP of coast 
stations having an antenna height of 61 meters (200 feet) or less above 
ground must not exceed 1000 watts.
    (2) Coast stations located less than 169 kilometers (105 miles) from 
a Channel 13 TV station, or less than 129 kilometers (80 miles) from a 
channel 10 station or when using a transmitting antenna height above 
ground greater than 61 meters (200 feet), must submit a plan to limit 
interference to TV reception. The plan must include:
    (i) A description of the interference contour with indentification 
of the method used to determine this contour; and
    (ii) A statement concerning the number of residences within the 
interference contour. The interference contour includes only areas 
inside the TV grade B contour with the latter determined assuming 
maximum permissible TV antenna height and power for broadcast stations 
and the actual facility parameters for translators and low power TV 
stations. See part 73, subpart E of this chapter for further information 
on TV grade B contour determination.
    (3) When located as described in paragraph (h)(2) of this section, 
the coast station (or stations affecting the same TV Grade B contour) 
will be authorized if the applicant's plan has limited the interference 
contour(s) to fewer than 100 residences or if the applicant:
    (i) Shows that the proposed site is the only suitable location;
    (ii) Develops a plan to control any interference caused to TV 
reception within the Grade B contour from its operations; and
    (iii) Agrees to make such adjustments in the TV receivers affected 
as may be necessary to eliminate interference caused by its operations.
    (4) The applicant must eliminate any interference caused by its 
operation to TV reception within the Grade B contour that might develop 
within 90 days of the time it is notified in writing by the Commission. 
If this interference is not removed within the 90-day period, operation 
of the coast station must be discontinued. The licensee is expected to 
help resolve all complaints of interference, whether inside or outside 
the Grade B contour.
    (5) The transmitter output power must be 50 watts or less.
    (i) A ship station must have a transmitter output power not 
exceeding 25 watts and an ERP not exceeding 18 watts. The transmitter 
must include the capability to reduce the carrier power to 2.5 watts 
with a front panel control. The maximum transmitter output power is 
permitted to be increased to 50 watts under the following conditions:
    (1) Increases exceeding 25 watts are made only by radio command from 
the controlling coast stations; and
    (2) The application for an equipment authorization demonstrates that 
the transmitter output power is 25 watts or less when external radio 
commands are not present.
    (j) A ship installation with a transmitter output power exceeding 25 
watts

[[Page 59]]

under the conditions of paragraph (i) of this section is exempted from 
the limitation of 18 watts ERP when operating in specific geographical 
areas identified in a plan for the use of higher power.
    (k) Within the 1626.5-1646.5 MHz band the maximum e.i.r.p by a ship 
earth station in any direction in the horizontal plane or in the 
direction of the space station must not exceed +40 dB relative to one 
watt in any 4 kHz band in the main beam, except upon a satisfactory 
showing of need for greater power, in which case a maximum of +55 dB 
relative to one watt may be authorized.
    (l) For operational fixed stations using frequencies in the 72-76 
MHz band and for other classes of stations operating above 162.025 MHz, 
the transmitter power must be specified in the station authorization. 
Frequencies in the 72-76 MHz band are listed in Sec. 80.381. The 
operational requirements for 72-76 MHz are contained in subpart L of 
this part.
    (m) For radiodetermination transmitters using A1D, A2D, F1D, F2D, 
G1D and G2D emissions on 154.585 MHz, 159.480 MHz, 160.725 MHz, 160.785 
MHz, 454.000 MHz and 459.000 MHz the mean output power of the 
unmodulated carrier must not exceed 25 watts.
    (n) For radiodetermination stations operating above 2400 MHz the 
output power must be as follows:
    (1) For radar stations that use F3N emission the mean output power 
must not exceed 200 milliwatts;
    (2) For search and rescue stations the output power must be at least 
400 milliwatts peak e.i.r.p.
    (3) For all other transponder stations the output power must not 
exceed 20 watts peak e.i.r.p. Licensees of non-selectable transponder 
coast stations operating in the 2920-3100 MHz and 9320-9500 MHz bands 
must notify in writing the USCG District Commander of any incremental 
increase of their station's output power above 5 watts peak e.i.r.p.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 7419, Mar. 11, 1987; 52 
FR 35244, Sept. 18, 1987; 54 FR 40058, Sept. 29, 1989; 54 FR 49994, Dec. 
4, 1989; 56 FR 3783, Jan. 31, 1991; 59 FR 35269, July 11, 1994; 63 FR 
36606, July 7, 1998]

    Effective Date Note:  At 63 FR 36606, July 7, 1998, Sec. 80.215, in 
paragraph (e)(3), footnote 8 is amended by removing the term ``type 
acceptance'' and adding in its place ``Certification'', effective Oct. 
5, 1998.



Sec. 80.217  Suppression of interference aboard ships.

    (a) A voluntarily equipped ship station receiver must not cause 
harmful interference to any receiver required by statute or treaty.
    (b) The electromagnetic field from receivers required by statute or 
treaty must not exceed the following value at a distance over sea water 
of one nautical mile from the receiver:

------------------------------------------------------------------------
                                                                 Field
                                                               intensity
             Frequency of interfering emissions                   in
                                                              microvolts
                                                               per meter
------------------------------------------------------------------------
Below 30 MHz................................................         0.1
30 to 100 MHz...............................................          .3
100 to 300 MHz..............................................         1.0
Over 300 MHz................................................         3.0
------------------------------------------------------------------------


or

    Deliver not more than the following amounts of power, to an 
artificial antenna having electrical characteristics equivalent to those 
of the average receiving antenna(s) use on shipboard:

------------------------------------------------------------------------
                                                               Power to
                                                              artificial
             Frequency of interfering emissions               antenna in
                                                              microwatts
------------------------------------------------------------------------
Below 30 MHz................................................         400
30 to 100 MHz...............................................       4,000
100 to 300 MHz..............................................      40,000
Over 300 MHz................................................     400,000
------------------------------------------------------------------------



Sec. 80.219  Special requirements for narrow-band direct-printing (NB-DP) equipment.

    NB-DP and data transmission equipment installed in ship and coast 
stations before October 1, 1990, that operates on the frequencies in the 
4,000-27,500 kHz bands must be capable of operation in accordance with 
the technical requirements of either CCIR Recommendation 476 or CCIR 
Recommendation 625 and may be used indefinitely. Equipment installed on 
or after October 1, 1990, must be capable of operation in accordance 
with the technical requirements of CCIR Recommendation 625. NB-DP and 
data transmission equipment are additionally permitted to utilize any 
modulation, so long as emissions are within the limits set forth in 
Sec. 80.211(f) and the

[[Page 60]]

equipment is also capable of operation in accordance with CCIR 
recommendation 625.

[62 FR 40306, July 28, 1997]



Sec. 80.221  Special requirements for automatically generating the radiotelephone alarm signal.

    (a) Each device for automatically generating the radiotelephone 
alarm signal must be capable of being disabled to permit the immediate 
transmission of a distress call and message.
    (b) The device must comply with the following requirements:
    (1) The frequency tolerance of each tone must be 1.5 
percent;
    (2) The duration tolerance of each tone must be 50 
milliseconds;
    (3) The interval between successive tones must not exceed 50 
milliseconds; and
    (4) The amplitude ratio of the tones must be flat within 1.6 dB.
    (c) Devices installed on or after January 1, 1983, must comply with 
the following requirements:
    (1) The frequency tolerance of each tone must be 1.5 
percent;
    (2) The duration tolerance of each tone must be 10 
milliseconds;
    (3) The interval between successive tones must not exceed 4 
milliseconds;
    (4) The amplitude ratio of the tones must be flat within 1.6 dB;
    (5) The output of the device must be sufficient to modulate the 
associated transmitter for H2B emission to at least 70 percent, and for 
J2B emission to within 3 dB of the rated peak envelope power;
    (6) Light from the device must not interfere with the safe 
navigation of the ship;
    (7) After activation the device must automatically generate the 
radiotelephone alarm signal for not less than 30 seconds and not more 
than 60 seconds unless manually interrupted;
    (8) After generating the radiotelephone alarm signal or after manual 
interruption the device must be immediately ready to repeat the signal;
    (9) The transmitter must be automatically switched from the stand-by 
condition to the transmit condition at the start and return to the 
stand-by condition at the conclusion of the radiotelephone alarm signal.
    (d) Any device used by a station to automatically generate the 
radiotelephone alarm signal must be certificated by the Commission.

[51 FR 31213, Sept. 2, 1986, as amended at 54 FR 40059, Sept. 29, 1989; 
63 FR 36606, July 7, 1998]

    Effective Date Note:  At 63 FR 36606, July 7, 1998, Sec. 80.221, 
paragraph (d) was amended by removing the term ``type accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



Sec. 80.223  Special requirements for survival craft stations.

    (a) Survival craft stations capable of transmitting on:
    (1) 500 kHz must be able to operate with class A2A and A2B or H2A 
and H2B emissions;
    (2) 2182 kHz must be able to operate with A2B and A3E or H2B and H3E 
and J2B and J3E emissions;
    (3) 8364 kHz must be able to operate with class A2A or H2A emission; 
and
    (4) 121.500 MHz must be able to operate with A3E or A3N emission.
    (b) Survival craft stations must be able to receive the frequency 
and types of emission which the transmitter is capable of using. Where 
the transmitter frequency is 8364 kHz the receiver must be able to 
receive A1A, A2A and H2A emissions throughout the 8320-8745 kHz band.
    (c) Survival craft transmitters operating on 500 kHz or on 8364 kHz 
must be able to be manually keyed. If provisions are made for 
automatically transmitting the radiotelegraph alarm signal or the 
radiotelegraph distress signal, such provisions must meet the 
requirements in subpart F of this part.
    (d) Any EPIRB carried as part of a survival craft station must 
comply with the specific technical and performance requirements for its 
class contained in subpart V of this chapter.

[51 FR 31213, Sept. 2, 1986, as amended at 53 FR 8905, Mar. 18, 1988; 53 
FR 37308, Sept. 26, 1988; 56 FR 11516, Mar. 19, 1991]



Sec. 80.225  Requirements for selective calling equipment.

    This section specifies the requirements for voluntary digital 
selective calling (DSC) equipment and selective calling equipment 
installed in ship and coast stations. Reference to any CCIR

[[Page 61]]

Recommendation in this section is to the most recent CCIR approved 
Recommendation that does not prevent the use of existing equipment.
    (a) DSC equipment voluntarily installed in coast or ship stations 
must meet either the requirements of CCIR Recommendation 493 (including 
only equipment classes A, B, D, and E) or RTCM Paper 56-95/SC101-STD. 
DSC equipment must not be used with the sensors referred to in 
Sec. 80.179(e)(2). DSC equipment used on compulsorily fitted ships must 
meet the requirements contained in subpart W for GMDSS.
    (b) Manufacturers of Class C DSC equipment to be used on United 
States vessels must affix a clearly discernible permanent plate or label 
visible from the operating controls containing the following:

    Warning. This equipment is designed to generate a digital maritime 
distress and safety signal to facilitate search and rescue. To be 
effective as a safety device, this equipment must be used only within 
communication range of a shore-based VHF marine channel 70 distress and 
safety watch system. The range of the signal may vary but under normal 
conditions should be approximately 20 nautical miles.

    (c) Selective calling equipment, other than that designed in 
accordance with paragraph (a) of this section, is authorized as follows:
    (1) Equipment used in conjunction with the Automated Maritime 
Telecommunications System (AMTS) in the band 216-220 MHz,
    (2) Equipment used to perform a selective calling function during 
narrow-band direct-printing (NB-DP) operations in accordance with CCIR 
Recommendation 476 or 625, and
    (3) Equipment functioning under the provisions of Sec. 80.207(a) 
includes the brief use of radiotelegraphy, including keying only the 
modulating audio frequency, tone signals, and other signalling devices 
to establish or maintain communications provided that:
    (i) These signalling techniques are not used on frequencies 
designated for general purpose digital selective calling (DSC) and 
distress and safety DSC calling as listed in Sec. 80.359;
    (ii) The authorized radiotelephone emission bandwidth is not 
exceeded;
    (iii) Documentation of selective calling protocols must be available 
to the general public; and,
    (iv) Harmful interference is not caused to stations operating in 
accordance with the International Radio Regulations.

[54 FR 10009, Mar. 9, 1989, as amended at 62 FR 40306, July 28, 1997]



Sec. 80.227  Special requirements for protection from RF radiation.

    As part of the information provided with transmitters for ship earth 
stations, manufacturers of each such unit must include installation and 
operating instructions to help prevent human exposure to radiofrequency 
(RF) radiation in excess of the RF exposure guidelines specified in 
Sec. 1.1307(b) of the Commission's Rules.

[53 FR 28225, July 27, 1988]



Sec. 80.229  Special requirements for automatic link establishment (ALE).

    Brief signalling for the purposes of measuring the quality of a 
radio channel and thereafter establishing communication shall be 
permitted within the 2 MHz-30 MHz band. Public coast stations providing 
high seas service are authorized by rule to use such signalling under 
the following conditions:
    (a) The transmitter power shall not exceed 100 W ERP;
    (b) Transmissions must sweep linearly in frequency at a rate of at 
least 60 kHz per second, occupying any 3 kHz bandwidth for less than 50 
milliseconds;
    (c) The transmitter shall scan the band no more than four times per 
hour;
    (d) Transmissions within 6 kHz of the following protected 
frequencies and frequency bands must not exceed 10 W peak ERP:
    (1) Protected frequencies (kHz)

2091.0         4188.0         6312.0         12290.0        16420.0
2174.5         4207.5         8257.0         12392.0        16522.0
2182.0         5000.0         8291.0         12520.0        16695.0
2187.5         5167.5         8357.5         12563.0        16750.0
2500.0         5680.0         8364.0         12577.0        16804.5
3023.0         6215.0         8375.0         15000.0        20000.0
4000.0         6268.0         8414.5         16000.0        25000.0
4177.5         6282.0         10000.0
 

    (2) Protected bands (kHz)

4125.0-4128.0
8376.25-8386.75
13360.0-13410.0

[[Page 62]]

25500.0-25670.0

    (e) The instantaneous signal, which refers to the peak power that 
would be measured with the frequency sweep stopped, along with spurious 
emissions generated from the sweeping signal, must be attenuated below 
the peak carrier power (in watts) as follows:
    (1) On any frequency more than 5 Hz from the instantaneous carrier 
frequency, at least 3 dB;
    (2) On any frequency more than 250 Hz from the instantaneous carrier 
frequency, at least 40 dB; and
    (3) On any frequency more than 7.5 kHz from the instantaneous 
carrier frequency, at least 43 + 10log10 (peak power in 
watts) db.

[62 FR 40307, July 28, 1997]



         Subpart F--Equipment Authorization for Compulsory Ships



Sec. 80.251  Scope.

    (a) This subpart gives the general technical requirements for 
certification of equipment used on compulsory ships. Such equipment 
includes radiotelegraph transmitters, radiotelegraph auto alarms, 
automatic-alarm-signal keying devices, survival craft radio equipment, 
watch receivers, and radar.
    (b) The equipment described in this subpart must be certificated.
    (c) The term transmitter means the transmitter unit and all 
auxiliary equipment necessary to make this unit operate as a main or 
emergency transmitter in a ship station at sea. Each separate motor-
generator, rectifier, or other unit required to convert the ship primary 
power to the phase, frequency, or voltage necessary to energize the 
transmitter unit is considered a component of the transmitter.
    (d) Average ship station antenna means an actual antenna installed 
on board ship having a capacitance of 750 picofarads and an effective 
resistance of 4 ohms at a frequency of 500 kHz, or an artificial antenna 
having the same electrical characteristics.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 36606, July 7, 1998]

    Effective Date Note:  At 63 FR 36606, July 7, 1998, Sec. 80.251, 
paragraph (a) was amended by removing the term ``type acceptance'' and 
adding in its place ``certification'', and in paragraph (b) by removing 
the term ``type accepted'' and adding in its place ``certificated'', 
effective Oct. 5, 1998.



Sec. 80.253  Technical requirements for main transmitter.

    (a) The following table gives the operating carrier frequency, 
emission, modulation and average ship station antenna power requirements 
for the main transmitter.

----------------------------------------------------------------------------------------------------------------
                      Frequency
                      tolerance                           Percentage         Modulation       Power into average
    Operating    -------------------     Class of       modulation for      frequency for        ship station
 frequency (kHz)  Parts \1\              emission          amplitude          amplitude            antenna
                  in 10 \6\  Hz \2\                       modulation         modulation
----------------------------------------------------------------------------------------------------------------
500 kHz.........    1,000      20    A2A and A2B or    Not less than     At least 1          Not less than 200
                                      H2A and H2B.      70; not more      frequency between   watts.
                                                        than 100.         300 and 1250
                                                                          Hertz, except for
                                                                          transmittal
                                                                          installed after
                                                                          July 1, 1951, at
                                                                          least 1 frequency
                                                                          between 450 and
                                                                          1250 Hertz.
    Do..........    1,000      20    A1A or J2A......  ................  ..................  Not less than 160
                                                                                              watts.
410 and 2           1,000      20    A2A and A3N or    Not less than     At least 1          Not less than 200
 working                              H2A and H3N.      70; not more      frequency between   watts.
 frequencies in                                         than 100.         300 and 1250
 the band 415 to                                                          Hertz, except for
 525.                                                                     transmitters
                                                                          installed after
                                                                          July 1, 1951, at
                                                                          least 1 frequency
                                                                          between 450 and
                                                                          1250 Hertz.
    Do..........    1,000      20    A1A and N0N or    ................  ..................  Not less than 160
                                      J2A and J3N.                                            watts.
----------------------------------------------------------------------------------------------------------------
\1\ For equipment approved before November 30, 1977.
\2\ For equipment approved after November 29, 1977.

    (b) A main transmitter must operate at its required antenna power 
when adjusted to any required operating frequency and energized by the 
main

[[Page 63]]

power supply of the ship station or by an equivalent power supply.
    (c) A main transmitter must be equipped to measure (1) antenna 
current, (2) transmitter power supply voltages, and (3) anode or 
collector current(s).
    (d) The antenna power must be determined at the operating carrier 
frequency by the product of the antenna resistance and the square of the 
average antenna current, both measured at the same point in the antenna 
circuit at approximately ground potential.
    (e) A main transmitter producing more than 250 watts output power 
must have the output power reduced to not more than 150 watts when used 
for telegraphy. In stations where a separate telegraph transmitter 
operable on the same frequencies as the main transmitter with an output 
power of less than 250 watts, is installed, the power reduction 
requirement does not apply. Such separate transmitters must not obtain 
power from the emergency power supply.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 36606, July 7, 1998]

    Effective Date Note:  At 63 FR 36606, July 7, 1998, Sec. 80.253, in 
paragraph (a), footnote 1 was amended by removing the term ``type 
accepted or type approved'' and adding in its place ``approved''; 
footnote 2 was amended by removing the term ``type accepted or type 
approval'' and adding in its place ``approved'', effective Oct. 5, 1998.



Sec. 80.255  Technical requirements for reserve transmitter.

    (a) The following table describes the operating carrier frequency, 
emission, modulation and average ship station antenna power requirements 
for the reserve transmitter.

----------------------------------------------------------------------------------------------------------------
                  Frequency tolerance                       Percentage       Modulation for
    Operating    ---------------------     Class of       modulation for     frequency for       Power into an
 frequency (kHz)   Parts \1\               emission          amplitude         amplitude         average ship
                   in 10 \6\   Hz \2\                       modulation         modulation       station antenna
----------------------------------------------------------------------------------------------------------------
500.............    \3\ 1,000    20    A2A and A2B or    Not less than     At least 1         Not less than 25
                                        H2A and H2B.      70; not more      frequency          watts.
                                                          100.              between 300 and
                                                                            1250 Hertz
                                                                            except for
                                                                            transmitters
                                                                            installed after
                                                                            July 1, 1951, at
                                                                            least 1
                                                                            frequency
                                                                            between 450 and
                                                                            1250 Hertz.
410 and 1           \3\ 1,000    20    A2A and A3N or    ......do........  ......do.........  ......do
 working                                H2A and H3N.
 frequency in
 the band 415 to
 525.
----------------------------------------------------------------------------------------------------------------
\1\ For equipment approved before November 30, 1977.
\2\ For equipment approved after November 29, 1977.
\3\ Except for reserve transmitters whose use is confined solely to safety communications. Such transmitters
  must maintain a frequency tolerance of 3000 parts in 10.\6\

    (b) A reserve transmitter must operate at its required antenna power 
when adjusted to the operating frequency and energized by the reserve 
power supply of the ship station or by an equivalent power supply.
    (c) A reserve transmitter must be equipped to measure antenna 
current.
    (d) The antenna power must be determined at the operating carrier 
frequency by the product of the antenna resistance and the square of the 
average antenna current both measured at the same point in the antenna 
circuit at approximately gound potential.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 36606, July 7, 1998]

    Effective Date Note:  At 63 FR 36606, July 7, 1998, Sec. 80.255, 
paragraph (a), footnotes 1 and 2 were amended by removing the terms 
``type accepted or type approved'' and adding in its place ``approved'', 
effective Oct. 5, 1998.



Sec. 80.257  Manufacturing requirements for radiotelegraph automatic alarm receiver (auto alarm).

    (a) The auto alarm must consist of:
    (1) A radio receiver capable of receiving emissions of classes A1A, 
A1B, A2A, A2B, H2A, H2B, J2A, and J2B over the frequency range 496 
through 504 kHz.
    (i) The receiver must reject signals +106 dB above one microvolt at 
150 kHz from the center frequency and +88 dB above one 
microvolt at 40 kHz from the center frequency.

[[Page 64]]

    (ii) The receiver must respond to signals from 100 microvolts to 1 
volt on the center frequency. There must be less than 6 dB variation in 
sensitivity from 496 kHz through 504 kHz.
    (2) A device capable of selecting the alarm signal specified under 
Sec. 80.259 (a) and (b).
    (3) A minimum of 3 audible alarm units to meet the three location 
installation requirements of Sec. 80.259(g).
    (4) A testing device to determine locally that the auto alarm system 
is operative.
    (b) The auto alarm may be constructed in one or more units but must 
be independent of the ship's regular radio receiving apparatus.
    (c) A telephone jack must be provided to permit reception by a 
telephone receiver.
    (d) Tuning and timing controls must not be accessible from the 
exterior of the device.
    (e) Once set into operation the audible alarms must continue to 
function until switches off in the principal radiotelegraph operating 
room.
    (f) A nonlocking or momentary-throw switch must be provided to 
permit temporary disconnection of the audible alarm on the bridge and in 
the operator's quarters when the auto alarm system is being tested.
    (g) A failure of the auto alarm power supply must activate the 
audible alarms.
    (h) The auto alarm must operate within specifications throughout the 
temperature range 0-50 degrees Celsius at relative humidities as high as 
95%.
    (i) The auto alarm must be protected from excessive currents, power 
supply reversals and voltage variations which could cause damage to any 
component.
    (j) The auto alarm must be capable of operating when subjected to 
vibrations having a frequency between 20 and 30 Hertz and an amplitude 
of 0.76 mm (0.03 inch) in a direction at an angle of 30 to 45 degrees 
with the base of the auto alarm.

[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 44952, Aug. 25, 1993]



Sec. 80.259  Technical requirements for radiotelegraph auto alarm receiver.

    (a) For certification the auto alarm in the absence of interference 
must be capable of being operated by four consecutive dashes whose 
length may vary from 6.0 to 3.5 seconds and the intervening spaces vary 
between 1.5 seconds to 10 milliseconds. These types of auto alarms must 
not respond to dashes longer than 6.31 seconds or shorter than 3.33 
seconds nor to intervening spaces longer than 1.58 seconds or shorter 
than 5 milliseconds except as follows:
    (1) Non-digital types employing resistance-capacitance timing, 
approved before October 1, 1969, and placed in service on or before 
January 1, 1985, must not respond to dashes longer than 7.40 seconds or 
shorter than 2.80 seconds, nor to space intervals longer than 1.80 
seconds or shorter than 5 milliseconds.
    (2) Digital types employing a stable clock as the basic timing 
device, approved before May 1, 1968, and placed in service on or before 
December 1, 1975, may accept dashes whose lower limits extends down to 
3.0 seconds.
    (b) The auto alarm must operate with a signal of 100 microvolts RMS 
at 500 kHz applied to an artificial antenna consisting of a 20 
microhenry inductance, a 500 picofarad capacitor, and a 5 ohm resistor 
connected in series in the absence of any interference and without 
manual adjustment. It must be capable of operation under these 
conditions on the following classes of emission:
    (1) A1B;
    (2) A2B with a carrier modulated at any modulation percentage from 
30 through 100 percent with any modulation frequency from 300 through 
1350 Hertz; and
    (3) H2B with a carrier keyed and emitted at any power level from 3 
through 6 decibels below peak envelope power, with any modulation 
frequency from 300 through 1350 Hertz.
    (c) The auto alarm must operate with signal levels up to 1 volt 
under normal operating conditions.
    (d) The auto alarm warning device must not be activated by 
atmospherics or by any signal from the antenna other than the alarm 
signal.
    (e) The auto alarms must respond to the alarm signal through non-
continuous interference caused by atmospherics and powerful signals 
other than the

[[Page 65]]

alarm signal. In the presence of atmospherics or interfering signals, 
the auto alarm must automatically adjust itself within a reasonable time 
to the condition in which it can most readily distinguish the alarm 
signal.
    (f) The auto alarm must respond without adjustment and with 
practically uniform sensitivity to signals over a band extending no less 
than 4 kHz on each side of the 500 kHz radiotelegraph frequency and with 
a minimum attenuation of:

5 dB at 495.0 kHz and 505.0 kHz
40 dB at 487.0 kHz and 513.0 kHz
80 dB at 475.0 kHz and 525.0 kHz

    (g) When the auto alarm is activated it must sound continuously a 
warning in the radiotelegraph operating room, in the radio operator's 
cabin, and on the bridge.
    (h) The auto alarm must include a 500 kHz signal generator and a 
keying device which automatically disconnects the auto alarm from the 
antenna when an alarm signal of 100 microvolts is applied to test the 
auto alarm.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 36606, July 7, 1998]

    Effective Date Note:  At 63 FR 36606, July 7, 1998, Sec. 80.259 
paragraph (a) introductory text was amended by removing the term ``type 
acceptance'' and adding in its place ``certification'', paragraphs 
(a)(1) and (a)(2) were amended by removing the term ``type approved'' 
and adding in its place ``approved'', effective Oct. 5, 1998.



Sec. 80.261  Technical requirements for automatic-alarm-signal keying device.

    (a) The automatic-alarm-signal keying device may consist of one or 
more units.
    (b) The device must be designed to activate the keying circuits of 
any transmitter approved by the Commission for use as a main or reserve 
transmitter.
    (c) Timing-adjustment controls must not be accessible from the 
exterior of the device.
    (d) The device must be able to repeatedly transmit the alarm signal. 
For this purpose the dashes transmitted must have a duration of 3.8 to 
4.2 seconds, and spaces between each of the twelve dashes constituting a 
series must have a duration of 0.8 to 1.2 seconds. Spaces between each 
series of twelve dashes must have a duration of 0.8 second to one 
minute. This operation must be sustainable with power supply voltage 
variations of 15%.
    (e) A single control, protected to avoid accidental manipulation, 
must be provided for placing the device into full operation within 30 
seconds. Once in operation, the device must be capable of continuous 
operation without attention for a least one hour.
    (f) When the ``on-off'' control of the device is placed in the 
``off'' position, the keying circuit to the radio transmitter(s) must be 
automatically opened.
    (g) The automatic-alarm-signal keying device must be capable of 
operation from a power supply independent of ship power. It may operate 
from the radio station emergency power supply.
    (h) Instructions for adjustment of the device and the correct 
indication of any instrument incorporated to reveal improper operation 
must be inscribed on a plate mounted on the device in a position to be 
easily read by the operator.
    (i) The keying circuit must be capable of switching 0.75 amperes DC 
through a 32 ohms non-inductive resistance. If the automatic-alarm-
signal keying device is also intended to be used with transmitters 
requiring a keying circuit capability of 2 amperes DC through a 115 ohms 
non-inductive resistance, the keying circuit of the device must comply 
with this latter requirement.
    (j) The automatic-alarm-signal keying device must operate within 
specifications throughout the temperature range 0-50 degrees Celsius at 
relative humidities as high as 95%.
    (k) The automatic-alarm-signal keying device must be protected from 
excessive currents, power supply reversals and voltage variations which 
could cause damage to any component.
    (l) The automatic-alarm-signal keying device must be capable of 
operating when subjected to vibrations having a frequency between 20 and 
30 Hertz and an amplitude of 0.76 mm (0.03 inch) in a direction at an 
angle of 30 to 45 degrees

[[Page 66]]

with the base of the automatic-alarm-signal keying device.

[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 44952, Aug. 25, 1993]



 Sec. 80.263  Common requirements for survival craft radio equipment.

    In addition to the requirements set forth in Secs. 80.265 and 
80.267, survival craft radio equipment must comply with the following:
    (a) The radio equipment must be operable without tools.
    (b) Each equipment must be provided with an instruction manual 
covering the design, installation, operation, and maintenance of the 
equipment.
    (c) Simple instructions for the operation of the equipment must be 
prominently and permanently attached to it. These instructions must 
include information about the erection of the antenna(s), and automatic 
and manual transmission of the international distress and alarm signals 
on 500 kHz.
    (d) An artificial antenna for test purposes must be provided.
    (e) The survival craft radio transmitter must meet the following:
    (1) Must be pretuned to the required frequencies. The operating 
frequencies must be maintained within the prescribed tolerances under 
varying voltages, antenna circuit characteristics, and other normal 
conditions of adjustment, and shock or vibration. The frequency control 
circuit adjustments must not be readily available to the person using 
the transmitter;
    (2) Antenna tuning controls must be provided on the operating panel. 
An initial adjustment of these controls must resonate the antenna 
circuit at each required operating radio frequency. Resonance must be 
maintained without further adjustment of the controls during a normal 
operating period of the transmitter;
    (3) The front panel must contain controls for manual operation on 
500 kHz, manual operation on 8364 kHz, and automatic operation 
alternately on these two frequencies. Not more than one manual switch 
adjustment must be necessary to transmit automatically. For manual 
radiotelegraphy the transmitter and receiver, including their controls, 
must be arranged so that they can be operated from the same operating 
position and the time necessary to change from transmission to 
recepition and vice versa must not exceed two seconds; and
    (4) In automatic operation the radio must:
    (i) On 500 kHz transmit the international radiotelegraph alarm 
signal followed by the international radiotelegraph distress signal, the 
latter to be transmitted in one or more separate groups, each group 
consisting of three separate distress signals;
    (ii) On 8364 kHz transmit the international radiotelegraph distress 
signal in one or more separate groups, each group consisting of three 
separate distress signals; this group or these groups to be followed by 
a continuous long dash of not less than 30 seconds in duration;
    (iii) Transmit the specified signals by automatically changing the 
operating frequency of the transmitter from 500 kHz to 8364 kHz and vice 
versa with a transfer time interval not to exceed one second;
    (iv) Completely de-energize the receiver during operation of the 
transmitter;
    (v) Be capable of testing the required automatic keying arrangement 
without the generation of radio frequency energy; and
    (vi) For automatic transmission of the international radiotelegraph 
distress signal, not exceed 16 words per minute or be less than 8 words 
per minute. The alarm signal dashes must have a duration within the 
limits of 3.8 to 4.2 seconds, and the spaces between each of the 12 
dashes constituting a series must have a duration within the limits of 
0.8 to 1.2 seconds.
    (f) Survival craft radio receivers must meet the following 
requirements:
    (1) The receiver must be capable of receiving A2A or H2A emission 
over the 492-508 kHz band without manual tuning and when manually tuned 
must be capable of receiving A1A and A2A or H2A and J2A emission on any 
frequency in the 8320-8745 kHz band;
    (2) The selectivity of the receiver preceeding the final detector 
must be flat within 6 dB over the band 492 to 508 kHz;
    (3) The audio frequency response of the receiver must be flat within 
6 dB

[[Page 67]]

over the range of frequencies between 400 and 1400 Hertz; and
    (4) The receiver must be equipped with only one manually operated 
volume control.
    (g) The artificial antenna must meet the following requirements:
    (1) Provide a reliable test load for the transmitter at the 
frequencies 500 kHz and 8364 kHz of approximately the same electrical 
characteristics as the single wire or collapsible rod antenna required 
by this section;
    (2) Be housed in a single container and provided with terminals. If 
more than two terminals are provided on the artificial antenna, all the 
terminals must be labelled; and
    (3) Be prominently labelled ``FOR TEST USE ONLY''.



Sec. 80.265  Requirements for survival craft portable radio equipment.

    (a) Survival craft portable radio equipment must be provided as a 
single portable buoyant unit consisting of a transmitter, receiver 
including headphones, power supply, grounding system, antenna system and 
line for lowering the apparatus. Each totally enclosed lifeboat must 
comply with the additional equipment requirements specified in this 
section:
    (1) The radio must float in sea water and withstand a drop into sea 
water in various positions from a height of 6 meters (20 feet), without 
requiring repair or adjustment other than normal antenna tuning. The 
operating controls, indicating devices and instruments, including the 
headphones, must be protected against physical damage and from prolonged 
exposure to the weather. The radio must withstand submersion in sea 
water so that no part is less than 5 centimeters (2 inches) below the 
surface of the water for two hours without leaking;
    (2) The radio must be fitted with handles or grips. It must be 
carryable by either one or two persons;
    (3) The radio must be designed to attach to a lifeboat thwart by 
lashing or other acceptable means;
    (4) The radio, exclusive of the line for lowering, must not weigh 
more than 27 kilograms (60 pounds). A radio for use in a totally 
enclosed lifeboat must not weigh more than 18 kilograms (40 pounds);
    (5) The line for lowering must consist of not less than 12 meters 
(40 feet) of 9 thread manila or sisal rope, or the equivalent thereof, 
which must be securely attached to the radio at all times;
    (6) All removable components necessary for the proper operation of 
the radio must be attached to this equipment;
    (7) Each radio must have a durable removable plate showing clearly 
the survival craft radio call sign in letters and digits and in 
characters of the Morse code; and
    (8) The maximum overall dimensions of the radio to be used in 
totally enclosed lifeboats including accessories must not exceed 35 by 
40 by 50 centimeters (14 by 16 by 20 inches).
    (b)(1) Portable survival craft radio transmitters must meet the 
following requirements:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Frequency                               Modulation
                                      tolerance                               percentage
                                 -------------------                          (average of                            Average power
    Operating frequency (kHz)                          Type of emission       modulation          Modulation          output into     Artificial antenna
                                  Parts \1\                                  percentage of         frequency           specified
                                  in 10 \6\  Hz \2\                          positive and                         artificial antenna
                                                                            negative peaks
--------------------------------------------------------------------------------------------------------------------------------------------------------
500.............................    5,000        20  A2A and A2B or H2A   Not less than 70..  Not less than 450   Not less than 1.7   10 ohm resistance,
                                                      and H2B.                                 nor greater than    watts.              75 picofarads
                                                                                               1350 Hertz.                             capacitance.
500.............................    5,000        20  ......do...........  ......do..........  ......do..........  Not less than 2     15 ohms
                                                                                                                   watts \3\.          resistance, 100
                                                                                                                                       picofarads
                                                                                                                                       capacitance.
8364............................      200        50  A2A and A3N or H2A   ......do..........  ......do..........  Not less than 4     40 ohms
                                                      and H3N.                                                     watts.              resistance.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For equipment approved before November 30, 1977.
\2\ For equipment approved after November 29, 1977.
\3\ In the case of equipment approved prior to May 26, 1965, the power output may be 1.7 watts into an artificial antenna of 10 ohms resistance and 75
  picofarads capacitance.


[[Page 68]]

    (2) The transmitter must be equipped with a visual indicator or 
indicators such as neon tubes to show antenna circuit resonance. Failure 
of the indicator(s) must not keep the transmitter from operating.
    (c) Portable survival craft receivers must meet the following 
requirements:
    (1) The audio output must be one milliwatt with a signal to noise 
power ratio of at least 10 to 1, when the receiver is supplied through 
the following artificial antennas with the respective radio frequency 
signals:

----------------------------------------------------------------------------------------------------------------
                                           Signal
      Operating frequency, (kHz)          strength     Modulation   Modulation         Artificial antenna
                                        (microvolts)     factor        (Hz)
----------------------------------------------------------------------------------------------------------------
500...................................            25          0.3          400  10 ohms resistance and 100
                                                                                 picofarads capacitance.\1\
8364..................................           100          0.3          400  40 ohms resistance.
----------------------------------------------------------------------------------------------------------------
\1\ In the case of equipment approved prior to May 26, 1965, the artificial antenna may be 10 ohms resistance
  and 75 picofarads capacitance.

    (2) The noise power present in the output of the receiver when the 
receiver is adjusted for A2A or H2A emission on 500 kHz and 8364 kHz 
must be determined with an unmodulated input signal of the indicated 
strength.
    (d) The power supply must meet the following requirements:
    (1) The source of power must be a manually operated electric 
generator capable of energizing the survival craft radio installation. 
The mechanical power applied to the crank handle(s) or the propelling 
lever(s) of the generator driving mechanism must not exceed a maximum of 
0.15 horsepower for any operation of the survival craft radio 
installation at any temperature of the generator and its associated 
driving mechanism between minus 30 degrees and plus 50 degrees Celsius. 
Under these conditions the speed of rotation of the crank handle(s) must 
not be greater than 70 revolutions per minute nor must the cycles of 
operation of the propelling lever(s) be greater than 70 cycles per 
minute. The voltages applied to the radio installation must not vary 
from their normal values more than 20 percent at any generator speed in 
excess of the normal operating speed which can be manually developed.
    (e) The antenna system must consist of a single wire antenna with a 
collapsible mast or a collapsible rod antenna conforming to the 
following requirements:
    (1) The single wire antenna must be at least 12 meters (40 feet) of 
at least No. 10 AWG insulated extra-flexible stranded copper and include 
a means for fastening the wire to the antenna supports, and means for 
making electrical connection to the transmitter;
    (2) Each totally enclosed lifeboat must be provided with a 
collapsible rod antenna which operates in either a freestanding position 
or supported only by a grommet in the canopy of the lifeboat. The 
antenna must be capable of being erected from within the enclosure. 
Antennas for use in totally enclosed lifeboats must be certificated.
    (f) The grounding system must consist of either a conducting wire or 
plate to provide an efficient ground for the portable survival craft 
equipment. The conducting wire must consist of a length of not less than 
6 meters (20 feet) of No. 10 AWG bare stranded copper or equivalent 
copper braid weighted at one end for immersion in the sea. The ground 
plate must consist of a bare plate or strips of corrosion resistant 
metal having a total area of at least .6 square meters (6.5 square feet) 
and must be located on the hull of the lifeboat below the waterline. The 
electrical connection to the grounding conductor or to the ground plate 
must be made from inside the lifeboat.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 36606, July 7, 1998]

    Effective Date Note:  At 63 FR 36606, July 7, 1998, Sec. 80.265, 
following the table in paragraph (b)(1), footnotes 1 and 2 were amended 
by removing the terms ``type accepted or type approved'' and adding in 
its place ``approved''; footnote 3 was amended by removing the word 
``type''; paragraph (c)(1), the footnote to the table was amended by 
removing the term ``type approved'' and adding in its place 
``approved''; paragraph (e)(2) was amended by removing the term ``type

[[Page 69]]

accepted'' and adding in its place ``certificated'', effective Oct. 5, 
1998.



Sec. 80.267  Requirements for survival craft nonportable radio equipment.

    (a)(1) The radio transmitter must meet the following requirements:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Frequency                               Modulation
                                      tolerance                               percentages
                                 -------------------                          (average of                            Average power
    Operating frequency (kHz)                          Type of emission       modulation          Modulation          output into     Artificial antenna
                                  Parts \1\                                  percentage of         frequency           specified
                                  in 10 \6\  HZ \2\                          positive and                         artificial antenna
                                                                            negative peaks)
--------------------------------------------------------------------------------------------------------------------------------------------------------
500.............................    5,000        20  A2A and A2B or H2A   Not less than 70..  Not less than 450   Not less than 30    10 ohms resistance
                                                      and H2B.                                 nor greater than    watts.              and 100
                                                                                               1350 Hertz.                             picofarads
                                                                                                                                       capacitance.
8364............................      200        50  A2A or H2A ldes....  ......do..........  ......do..........  Not less than 40    40 ohms
                                                                                                                   watts.              resistance.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For equipment approved before November 30, 1977.
\2\ For equipment approved after November 29, 1977.

    (2) The transmitter must have an antenna current meter.
    (b) Survival craft non-portable receivers must meet the following 
requirements:
    (1) The audio output must be one milliwatt at a signal to noise 
power ratio of at least 10 to 1, when the receiver is supplied through 
the following artificial antennas with the respective radio frequency 
signals:

----------------------------------------------------------------------------------------------------------------
                                           Signal
      Operating frequency, (kHz)          strength     Modulation   Modulation         Artificial antenna
                                        (microvolts)     factor        (Hz)
----------------------------------------------------------------------------------------------------------------
500...................................           200          0.3          400  15 ohms resistance and 100
                                                                                 picofarads capacitance.
8364..................................         1,000          0.3          400  40 ohms resistance.
----------------------------------------------------------------------------------------------------------------

    (2) When the receiver is adjusted for A2A or H2A emission on 500 kHz 
and 8364 kHz the noise power present in the output of the receiver must 
be determined with an unmodulated input signal of the indicated 
strength;
    (3) The audio output of the receiver must be capable of at least 8 
dB above one milliwatt at the rated loan impedance.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 80.267, 
paragraph (a)(1), following the table, footnotes 1 and 2 were amended by 
removing the term ``type accepted or type approved'' and adding in its 
place ``approved'', effective Oct. 5, 1998.



Sec. 80.269  Technical requirements for radiotelephone distress frequency watch receiver.

    (a) The radiotelephone distress frequency watch receiver is 
comprised of a receiver, a loudspeaker and a radiotelephone auto alarm 
device.
    (b) The radiotelephone distress frequency watch receiver must meet 
the following requirements:
    (1) The receiver must be capable of being switched to 2182 kHz and 
of receiving signals of at least A2A, A2B, H2A and H2B emissions;
    (2) The receiver sensitivity must provide a SINAD of 20 dB at the 
audio output when a 30 microvolt signal with A2A, A2B, H2A, or H2B 
emission modulated 30% at 400 Hz is applied to the receiver RF 
terminals;
    (3) The audio output of the receiver must be at least 50 milliwatts 
at the rated load impedance;
    (4) The receiver must be provided with an auto alarm device which 
mutes the receiver (silences the loudspeaker) unless the radiotelephone 
alarm signal or the signal preceeding a vital navigational warning is 
received. When the auto alarm is activated the receiver audio output 
level must be louder than the output level of the received speech 
signal. Additionally, the receiver must meet the following requirements:

[[Page 70]]

    (i) When the receiver is muted its audio output power must be less 
than 1 milliwatt;
    (ii) If tone filters are used to process the 1300 Hz and 2200 Hz 
tones the tolerance of their center frequency must be 1.5 
percent of the alerting frequency. The response must be flat within 6 dB 
to 3% of the center frequency of the filters; and
    (iii) The receiver must not be unmuted by atmospherics or by strong 
signals other than the radiotelephone alarm and the vital navigational 
warning signal.
    (5) The receiver must be unmuted within 4 to 6 seconds when a double 
sideband alarm signal modulated at 70% is applied at its input terminals 
at a level which produces a SINAD of 10 dB under the following 
conditions:
    (i) For radiotelephone alarm the signal must be modulated 
sequentially by a 1300 20 Hz tone and a 2200 35 
Hz tone. The duration of each tone must be 250 50 
milliseconds and the period between each tone must not exceed 50 
milliseconds; and
    (ii) For navigational warning the signal must be modulated by a 2200 
35 Hz tone and the modulated carrier must be turned ``on'' 
for 250 50 milliseconds and then ``off'' for 250 
50 milliseconds.
    (6) The receiver must not be unmuted when a double sideband signal 
of 70 dB above the receiver measured sensitivity, modulated at 70% by a 
2200 35 Hz tone with the following durations is applied at 
its input terminals:
    (i) ``On'' periods of less than 175 milliseconds or more than 325 
milliseconds followed by ``off'' periods of any duration; and
    (ii) ``Off'' periods of less than 175 milliseconds or more then 425 
milliseconds followed by ``on'' periods of any duration.
    (7) The controls listed below must be provided on the exterior of 
the equipment:
    (i) On/off switch with a visual indication that the device is on;
    (ii) Volume control to adjust the audio output;
    (iii) Control for dimming any light on the equipment;
    (iv) Control for switching the auto alarm in and out of operation; 
and
    (v) Control to manually reset the auto alarm to muted condition.
    (8) The receiver must operate within specifications throughout the 
temperature range 0-50 degrees Celsius at relative humidities as high as 
95%.
    (9) The receiver must be capable of operating when subjected to 
vibrations having a frequency between 20 and 30 Hertz and an amplitude 
of 0.76 mm (0.03 inch) in a direction at an angle of 30 to 45 degrees 
with the base of the auto alarm.

[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 44952, Aug. 25, 1993]



Sec. 80.271  Technical requirements for portable survival craft radiotelephone transceivers.

    (a) Portable survival craft radiotelephone transceivers must comply 
with the following:
    (1) The transceivers must receive and transmit either on 457.525 MHz 
or on 156.800 MHz;
    (2) The receiver must comply with the requirements in part 15, 
subpart C of this chapter and must have a sensitivity of not more than 2 
microvolts. The sensitivity requirement must be met using the receiver 
sensitivity measurement procedure specified in the Radio Technical 
Commission for Marine Services (RTCM) Special Committee No. 66 Report 
MMS-R2;
    (3) The effective radiated power of the transmitter must be at least 
0.1 watt;
    (4) The transceivers must be battery powered and operate for at 
least four hours with a transmit to receive ratio of 1:9 with no 
significant adverse effect upon the performance of the device;
    (5) The transceivers must have a permanently attached waterproof 
label with the statement ``Complies with the FCC requirements for 
survival craft two-way radiotelephone equipment''; and
    (6) The antenna must be permanently attached to the device or its 
removal must require the use of a special tool.
    (b) Portable radiotelephone transceivers that are already 
certificated may be used to satisfy the survival craft radiotelephone 
requirement until October 1, 1993, provided the device meets the 
technical requirements

[[Page 71]]

in paragraphs (a) (1) through (3) of this section.
    (c) Survival craft radiotelephone equipment installed after October 
1, 1988, must be certificated to meet the requirements of this section.
    (d) After October 1, 1993, all portable radiotelephone transceivers 
that are used to satisfy the survival craft radiotelephone requirement 
must have been certificated to meet the requirements of this section.
    (e) Portable radiotelephone transceivers which are type accepted to 
meet the requirements of this section must be identified by an 
appropriate note in the Commission's database.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 80.271, 
paragraphs (b), (c) and (d) were amended by removing the term ``type 
accepted'' and adding in its place ``certificated''; paragraph (e) was 
amended by removing the term ``Radio Equipment List'' and adding in its 
place ``database'', effective Oct. 5, 1998.



Sec. 80.273  Technical requirements for radar equipment.

    The technical requirements for radar equipment are contained in 
Sec. 80.825.



           Subpart G--Safety Watch Requirements and Procedures

                      Coast Station Safety Watches



Sec. 80.301  Watch requirements.

    (a) Each public coast station operating on telegraphy frequencies in 
the band 405-535 kHz must maintain a watch for classes A1A, A2B and H2B 
emissions by a licensed radiotelegraph operator on the frequency 500 kHz 
for three minutes twice each hour, beginning at x h.15 and x h.45 
Coordinated Universal Time (UTC).
    (b) Each public coast station licensed to operate in the band 1605-
3500 kHz must monitor such frequency(s) as are used for working or, at 
the licensee's discretion, maintain a watch on 2182 kHz.
    (c) Except for distress, urgency or safety messages, coast stations 
must not transmit on 2182 kHz during the silence periods for three 
minutes twice each hour beginning at x h.00 and x h.30 Coordinated 
Universal Time (UTC).
    (d) Each public coast station must provide assistance for distress 
communications when requested by the Coast Guard.



Sec. 80.302  Notice of discontinuance, reduction, or impairment of service involving a distress watch.

    (a) When changes occur in the operation of a public coast station 
which include discontinuance, reduction or suspension of a watch 
required to be maintained on 500 kHz, 2182 kHz, or 156.800 MHz, 
notification must be made by the licensee to the nearest district office 
of the U.S. Coast Guard as soon as practicable. The notification must 
include the estimated or known resumption time of the watch.
    (b) [Reserved]



Sec. 80.303  Watch on 156.800 MHz (Channel 16).

    (a) During its hours of operation, each coast station operating in 
the 156-162 MHz band and serving rivers, bays and inland lakes except 
the Great Lakes, must maintain a safety watch on the frequency 156.800 
MHz except when transmitting on 156.800 MHz.
    (b) A coast station is exempt from compliance with the watch 
requirement when Federal, State, or Local Government stations maintain a 
watch on 156.800 MHz over 95% of the coast station's service area. Each 
licensee exempted by rule must notify the nearest district office of the 
U.S. Coast Guard at least thirty days prior to discontinuing the watch, 
or in the case of new stations, at least thirty days prior to commencing 
service. The Coast Guard may require any coast station to maintain the 
watch temporarily or permanently. The Coast Guard may also require any 
coast station to remain capable of either immediately resuming the watch 
or providing the Coast Guard direct dial-up access to the necessary 
156.800 MHz transceiver at no charge so that the Coast Guard can 
maintain the watch.
    (c) If the government station(s) providing the 156.800 MHz watch 
over the service area of an exempt station temporarily discontinues that 
watch, the exempt coast station upon receiving

[[Page 72]]

notice of this condition must maintain the watch on 156.800 HMz during 
the discontinuance. Automated maritime communications systems' 
compliance with this requirement is limited to the use of existing 
facilities.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 35245, Sept. 18, 1987; 
63 FR 40063, July 27, 1998]

                       Ship Station Safety Watches



Sec. 80.304  Watch requirement during silence periods.

    (a) Each ship station operating on telegraphy frequencies in the 
band 405-535 kHz, must maintain a watch on the frequency 500 kHz of 
three minutes twice each hour beginning at x h.15 and x h.45 Coordinated 
Universal Time (UTC) by a licensed radiotelegraph officer using either a 
loudspeaker or headphone.
    (b) Each ship station operating on telephony on frequencies in the 
band 1605-3500 kHz must maintain a watch on the frequency 2182 kHz. This 
watch must be maintained at least twice each hour for 3 minutes 
commencing at x h.00 and x h.30 Coordinated Universal Time (UTC) using 
either a loudspeaker or headphone. Expect for distress, urgency or 
safety messages, ship stations must not transmit during the silence 
periods on 2182 kHz.



Sec. 80.305  Watch requirements of the Communications Act and the Safety Convention.

    (a) Each ship of the United States which is equipped with a 
radiotelegraph station for compliance with part II of title III of the 
Communications Act or chapter IV of the Safety Convention must:
    (1) Keep a continuous and efficient watch on 500 kHz by means of 
radio officers while being navigated in the open sea outside a harbor or 
port. In lieu thereof, on a cargo ship equipped with a radiotelegraph 
auto alarm in proper operating condition, an efficient watch on 500 kHz 
must be maintained by means of a radio officer for at least 8 hours per 
day in the aggregate, i.e., for at least one-third of each day or 
portion of each day that the vessel is navigated in the open sea outside 
of a harbor or port.
    (2) Keep a continuous and efficient watch on the radiotelephone 
distress frequency 2182 kHz from the principal radio operating position 
or the room from which the vessel is normally steered while being 
navigated in the open sea outside a harbor or port. A radiotelephone 
distress frequency watch receiver having a loudspeaker and a 
radiotelephone auto alarm facility must be used to keep the continuous 
watch on 2182 kHz if such watch is kept from the room from which the 
vessel is normally steered. After a determination by the master that 
conditions are such that maintenance of the listening watch would 
interfere with the safe navigation of the ship, the watch may be 
maintained by the use of the radiotelephone auto alarm facility alone.
    (3) Keep a continuous and efficient watch on the VHF distress 
frequency 156.800 MHz from the room from which the vessel is normally 
steered while in the open sea outside a harbor or port. The watch must 
be maintained by a designated member of the crew who may perform other 
duties, relating to the operation or navigation of the vessel, provided 
such other duties do not interfere with the effectiveness of the watch. 
Use of a properly adjusted squelch or brief interruptions due to other 
nearby VHF transmissions are not considered to adversely affect the 
continuity or efficiency of the required watch on the VHF distress 
frequency. This watch need not be maintained by vessels subject to the 
Bridge-to-Bridge Act and participating in a Vessel Traffic Services 
(VTS) system as required or recommended by the U.S. Coast Guard, when an 
efficient listening watch is maintained on both the bridge-to-bridge 
frequency and a separate assigned VTS frequency.
    (b) Each cargo ship of the United States which is equipped with a 
radiotelephone station for compliance with part II of title III of the 
Communications Act or chapter IV of the Safety Convention must while 
being navigated outside of a harbor or port:
    (1) Keep a continuous watch on 2182 kHz in the room from which the 
vessel is normally steered while at sea, whenever such station is not 
being used for authorized traffic. Such watch must be maintained by at 
least one officer or

[[Page 73]]

crewmember who may perform other duties relating to the operation or 
navigation of the vessel, provided such other duties do not interfere 
with the watch. A radiotelephone watch receiver having a loudspeaker and 
a radiotelephone auto alarm must be used to keep the continuous watch on 
2182 kHz. After a determination by the master that maintenance of the 
watch would interfere with the safe navigation of the ship, the watch 
may be maintained by use of the radiotelephone auto alarm facility 
alone.
    (2) Keep a continuous watch on 156.800 MHz from the room from which 
the vessel is normally steered. The watch must be maintained by a 
crewmember who may perform other duties, relating to the operation or 
navigation of the vessel, provided such other duties do not interfere 
with the watch. Use of properly adjusted squelch of brief interruptions 
due to other nearby VHF transmissions are not considered to adversely 
affect the watch. This watch need not be maintained by vessels subject 
to the Bridge-to-Bridge Act and participating in a Vessel Traffic 
Services (VTS) system when a watch is maintained on both the bridge-to-
bridge frequency and a VTS frequency.
    (c) Each vessel of the United States transporting more than six 
passengers for hire, which is equipped with a radiotelephone station for 
compliance with part III of title III of the Communications Act must, 
while being navigated in the open sea or any tidewater within the 
jurisdiction of the United States adjacent or contiguous to the open 
sea, keep a continuous watch on 2182 kHz while the vessel is beyond VHF 
communication range of the nearest VHF coast station, whenever the 
radiotelephone station is not being used for authorized traffic. A VHF 
watch must be kept on 156.800 MHz whenever such station is not being 
used for authorized traffic. The VHF watch must be maintained at the 
vessel's steering station actually in use by the qualified operator as 
defined by Sec. 80.157 or by a crewmember who may perform other duties 
relating to the operation or navigation of the vessel, provided such 
other duties do not interfere with the watch. The use of a properly 
adjusted squelch is not considered to adversely affect the watch. The 
VHF watch need not be maintained by vessels subject to the Bridge-to-
Bridge Act and participating in a Vessel Traffic Services (VTS) system 
when an efficient listening watch is maintained on both the bridge-to-
bridge frequency and a VTS frequency.



Sec. 80.306  Provisions governing the radiotelegraph watch.

    (a) The radio officer must use the main or reserve receiver, and 
either headphones or a loudspeaker to keep the watch on 500 kHz.
    (b) During the watch, the radio officer may temporarily interrupt 
the required watch on 500 kHz while transmitting or receiving signals or 
messages to or from a station but only if it is not feasible to 
simultaneously handle such traffic and listen on 500 kHz by split 
headphones or a loudspeaker. The watch on 500 kHz must, however, without 
exception be maintained during the silence periods.
    (c) During this watch, on vessels subject to the Communications Act 
and the Safety Convention on international voyages, the radio officer 
may discontinue listening when handling traffic on other frequencies or 
performing other essential radio duties, but only if it is impracticable 
to listen by split headphones or loudspeaker. The watch must always be 
maintained by a radio officer using headphones or loudspeaker during the 
silence periods. The term ``essential radio duties'' in this rule 
includes urgent repairs of radiocommunication equipment used for safety 
or radio navigational equipment by order of the master.
    (d) When authorized by the master, the radio officer may perform 
maintenance repair of communications, navigation or other electronic 
equipment outside of the radiotelegraph room, provided that the 
listening watch on 500 kHz can be maintained by headphones, 
loudspeakers, portable receivers, or other suitable means. The watch on 
500 kHz must be maintained in the radiotelegraph room during the silence 
period.

[[Page 74]]



Sec. 80.307  Compulsory use of radiotelegraph auto alarm.

    The radiotelegraph auto alarm required on a cargo ship subject to 
the radiotelegraph provisions of part II of title III of the 
Communications Act or the Safety Convention must be in operation, 
connected to the main antenna and adjusted for optimum efficiency at all 
times while the ship is being navigated in the open sea when a radio 
officer is not listening on the frequency 500 kHz, except under the 
circumstances as set forth in Sec. 80.306(b).



Sec. 80.308  Watch required by the Great Lakes Radio Agreement.

    (a) Each ship of the United States that is equipped with a 
radiotelephone station for compliance with the Great Lakes Radio 
Agreement must when underway keep a watch on:
    (1) 156.800 MHz on board a vessel 20 meters (65 feet) and over in 
length, a vessel engaged in towing (See Sec. 80.951(b)), or a vessel 
carrying more than 6 passengers for hire. This watch must be maintained 
whenever the station is not being used for authorized traffic. However, 
a watch on 156.800 MHz need not be maintained by a vessel maintaining a 
watch on the bridge-to-bridge frequency 156.650 MHz and participating in 
a Vessel Traffic Services (VTS) system and maintaining a watch on the 
specified VTS frequency.
    (2) 156.650 MHz on board a vessel 38 meters (124 feet) and over in 
length, a vessel engaged in towing (See Sec. 80.951(b)), or a vessel 
carrying more than six passengers for hire. This watch must be 
maintained continuously and effectively. Sequential monitoring is not 
sufficient. Portable VHF equipment may be used to meet this requirement. 
Vessels are exempted from this requirement while transiting the St. 
Lawrence Seaway and complying with the Joint Regulations of the St. 
Lawrence Seaway Authority and St. Lawrence Seaway Development 
Corporation between the lower exit of St. Lambert Lock at Montreal and 
Crossover Island, New York and in the Welland Canal and approaches 
between Calling in Point No. 15 and No. 16.
    (b) The watch must be maintained by the master, or person designated 
by the master, who may perform other duties provided they do not 
interfere with the effectiveness of the watch.

[53 FR 17052, May 13, 1988]



Sec. 80.309  Watch required by the Bridge-to-Bridge Act.

    In addition to the watch requirement contained in Sec. 80.148, all 
vessels subject to the Bridge-to-Bridge Act must keep a watch on the 
designated navigational frequency. The watch must be maintained by the 
master or person in charge of the vessel or the person designated by the 
master or person in charge to pilot or direct the movement of the 
vessel. The person standing watch may perform other duties provided such 
other duties do not interfere with the watch.

[51 FR 31213, Sept. 2, 1986, as amended at 57 FR 61012, Dec. 23, 1992]



Sec. 80.310  Watch required by voluntary vessels.

    Voluntary vessels not equipped with DSC must maintain a watch on 
156.800 MHz (channel 16) whenever the radio is operating and is not 
being used to communicate. Noncommercial vessels, such as recreational 
boats, may alternatively maintain a watch on 156.450 MHz (channel 9) for 
call and reply purposes.

[57 FR 19552, May 7, 1992]

             Distress, Alarm, Urgency and Safety Procedures



Sec. 80.311  Authority for distress transmission.

    A mobile station in distress may use any means at its disposal to 
attract attention, make known its position, and obtain help. A distress 
call and message, however, must be transmitted only on the authority of 
the master or person responsible for the mobile station. No person shall 
knowingly transmit, or cause to be transmitted, any false or fraudulent 
signal of distress or related communication.



Sec. 80.312  Priority of distress transmissions.

    The distress call has absolute priority over all other 
transmissions. All stations which hear it must immediately cease any 
transmission capable

[[Page 75]]

of interfering with the distress traffic and must continue to listen on 
the frequency used for the emission of the distress call. This call must 
not be addressed to a particular station. Acknowledgement of receipt 
must not be given before the distress message which follows it is sent.



Sec. 80.313  Frequencies for use in distress.

    The frequencies specified in the bands below are for use by mobile 
stations in distress. The conventional emission is shown. When a ship 
station cannot transmit on the designated frequency or the conventional 
emission, it may use any available frequency or emission. Frequencies 
for distress and safety calling using digital selective calling 
techniques are listed in Sec. 80.359(b). Distress and safety NB-DP 
frequencies are indicated by footnote 2 in Sec. 80.361(b).

------------------------------------------------------------------------
          Frequency band               Emission       Carrier frequency
------------------------------------------------------------------------
405-535 kHz......................  A2B............  500 kHz.
1605-3500 kHz....................  J3E............  2182 kHz.
4000-27, 5000 kHz................  A2B............  8364 kHz.
118-136 MHz......................  A3E............  121.500 MHz.
156-162 MHz......................  F3E, PON.......  156.800 MHz 156.750
                                                     MHz.
243 MHz..........................  A3N............  243.000 MHz.
------------------------------------------------------------------------


The maximum transmitter power obtainable may be used.

[51 FR 31213, Sept. 2, 1986; 51 FR 34984, Oct. 1, 1986]



Sec. 80.314  Distress signals.

    (a) The international radiotelegraphy distress signal consists of 
the group ``three dots, three dashes, three dots'' (... ---...), 
symbolized herein by SOS, transmitted as a single signal in which the 
dashes are slightly prolonged so as to be distinguished clearly from the 
dots.
    (b) The international radiotelephone distress signal consists of the 
word MAYDAY, pronounced as the French expression ``m'aider''.
    (c) These distress signals indicate that a mobile station is 
threatened by grave and imminent danger and requests immediate 
assistance.



Sec. 80.315  Distress calls.

    (a) The radiotelegraph distress call consists of:
    (1) The distress signal SOS, sent three times;
    (2) The word DE;
    (3) The call sign of the mobile station in distress, sent three 
times.
    (b) The radiotelephone distress call consists of:
    (1) The distress signal MAYDAY spoken three times;
    (2) The words THIS IS;
    (3) The call sign (or name, if no call sign assigned) of the mobile 
station in distress, spoken three times.



Sec. 80.316  Distress messages.

    (a) The radiotelegraph distress message consists of:
    (1) The distress signal SOS;
    (2) The name of the mobile station in distress;
    (3) Particulars of its position;
    (4) The nature of the distress;
    (5) The kind of assistance desired;
    (6) Any other information which might facilitate rescue.
    (b) The radiotelephone distress message consists of:
    (1) The distress signal MAYDAY;
    (2) The name of the mobile station in distress;
    (3) Particulars of its position;
    (4) The nature of the distress;
    (5) The kind of assistance desired;
    (6) Any other information which might facilitate rescue, for 
example, the length, color, and type of vessel, number of persons on 
board.
    (c) As a general rule, a ship must signal its position in latitude 
and longitude, using figures for the degrees and minutes, together with 
one of the words NORTH or SOUTH and one of the words EAST or WEST. In 
radiotelegraphy, the signal .-.-.- must be used to separate the degrees 
from the minutes. When practicable, the true bearing and distance in 
nautical miles from a known geographical position may be given.



Sec. 80.317  Radiotelegraph and radiotelephone alarm signals.

    (a) The international radiotelegraph alarm signal consists of a 
series of twelve dashes sent in one minute, the duration of each dash 
being four seconds and the duration of the interval between consecutive 
dashes one second. The purpose of this special signal is the

[[Page 76]]

actuation of automatic devices giving the alarm to attract the attention 
of the operator when there is no listening watch on the distress 
frequency.
    (b) The international radiotelephone alarm signal consists of two 
substantially sinusoidal audio frequency tones transmitted alternately. 
One tone must have a frequency of 2200 Hertz and the other a frequency 
of 1300 Hertz, the duration of each tone being 250 milliseconds. When 
generated by automatic means, the radiotelephone alarm signal must be 
transmitted continuously for a period of at least 30 seconds, but not 
exceeding one minute; when generated by other means, the signal must be 
transmitted as continuously as practicable over a period of 
approximately one minute. The purpose of this special signal is to 
attract the attention of the person on watch or to actuate automatic 
devices giving the alarm.



Sec. 80.318  Use of alarm signals.

    (a) The radiotelegraph or radiotelephone alarm signal, as 
appropriate, must only be used to announce:
    (1) That a distress call or message is about to follow;
    (2) The transmission of an urgent cyclone warning. In this case the 
alarm signal may only be used by coast stations authorized by the 
Commission to do so; or
    (3) The loss of a person or persons overboard. In this case the 
alarm signal may only be used when the assistance of other ships is 
required and cannot be satisfactorily obtained by the use of the urgency 
signal only, but the alarm signal must not be repeated by other 
stations. The message must be preceded by the urgency signal.
    (b) In cases described in paragraphs (a)(2) and (3) of this section, 
the transmission of the warning or message by radiotelegraphy must not 
begin until two minutes after the end of the radiotelegraph alarm 
signal.



Sec. 80.319  Radiotelegraph distress call and message transmission procedure.

    (a) The radiotelegraph distress procedure consists of the following 
six steps: however, when time is vital, the first and second steps may 
be omitted. These two steps of the distress procedure may also be 
omitted in circumstances when transmission of the alarm signal is 
considered unnecessary:
    (1) The radiotelegraph alarm signal;
    (2) The distress call and an interval of two minutes;
    (3) The distress call;
    (4) The distress message;
    (5) Two dashes of ten to fifteen seconds each;
    (6) The call sign of the mobile station in distress.
    (b) The radiotelegraph distress transmissions must be sent by means 
of the international Morse code at a speed not exceeding 16 words per 
minute nor less than 8 words per minute.
    (c) The distress message, preceded by the distress call, must be 
repeated at intervals, especially during the 500 kHz international 
silence periods, until an answer is received. The radiotelegraph alarm 
signal may also be repeated, if necessary.
    (d) The transmissions under paragraphs (a) (5) and (6) of this 
section, which are to permit direction finding stations to determine the 
position of the station in distress, may be repeated at frequent 
intervals if necessary.
    (e) When the mobile station in distress receives no answer to a 
distress message transmitted on the distress frequency, the message may 
be repeated on any other available frequency on which attention might be 
attracted.



Sec. 80.320  Radiotelephone distress call and message transmission procedure.

    (a) The radiotelephone distress procedure consists of:
    (1) The radiotelephone alarm signal (whenever possible);
    (2) The distress call;
    (3) The distress message.
    (b) Radiotelephone distress transmissions must be made slowly and 
distinctly, each word being clearly pronounced to facilitate 
transcription.
    (c) After the transmission by radiotelephony of its distress 
message, the mobile station may be requested to transmit suitable 
signals followed by its call sign or name, to permit direction-finding 
stations to determine its

[[Page 77]]

position. This request may be repeated at frequent intervals if 
necessary.
    (d) The distress message, preceded by the distress call, must be 
repeated at intervals until an answer is received. This repetition must 
be preceded by the radiotelephone alarm signal whenever possible.
    (e) When the mobile station in distress receives no answer to a 
distress message transmitted on the distress frequency, the message may 
be repeated on any other available frequency on which attention might be 
attracted.



Sec. 80.321  Acknowledgement of receipt of distress message.

    (a) Stations of the maritime mobile service which receive a distress 
message from a mobile station which is beyond any possible doubt in 
their vicinity must immediately acknowledge receipt. However, in areas 
where reliable communication with one or more coast stations is 
practicable, ship stations may defer this acknowledgement for a short 
interval so that a coast station may acknowledge receipt.
    (b) Stations of the maritime mobile service which receive a distress 
message from a mobile station which beyond any possible doubt is not in 
their vicinity, must allow a short interval of time to elapse before 
acknowledging receipt of the message in order to permit stations nearer 
to the mobile station in distress to acknowledge receipt without 
interference.



Sec. 80.322  Form of acknowledgement.

    (a) The acknowledgement of receipt of a radiotelegraph distress 
message is transmitted in the following form:
    (1) The distress signal SOS;
    (2) The call sign of the station sending the distress message, sent 
three times;
    (3) The word DE;
    (4) The call sign of the station acknowledging receipt, sent three 
times;
    (5) The group RRR;
    (6) The message signal SOS.
    (b) The acknowledgement of receipt of a radiotelephone distress 
message is transmitted in the following form:
    (1) The distress signal MAYDAY;
    (2) The call sign or other identification of the station sending the 
distress message, spoken three times;
    (3) The words THIS IS;
    (4) The call sign or other identification of the station 
acknowledging receipt, spoken three times;
    (5) The word RECEIVED;
    (6) The distress signal MAYDAY.



Sec. 80.323  Information furnished by an acknowledging station.

    (a) Every mobile station which acknowledges receipt of a distress 
message must on the order of the master or person responsible for the 
ship, aircraft, or other vehicle carrying such mobile station, transmit 
as soon as possible the following information in the order shown:
    (1) Its identifier;
    (2) Its position;
    (3) The speed at which it is proceeding towards, and the approximate 
time it will take to reach the mobile station in distress.
    (b) Before sending this message, the station must ensure that it 
will not interfere with the emissions of other stations better situated 
to render immediate assistance to the station in distress.



Sec. 80.324  Transmission of distress message by station not itself in distress.

    (a) A mobile station or a land station which learns that a mobile 
station is in distress must transmit a distress message in any of the 
following cases:
    (1) When the station in distress cannot transmit the distress 
message.
    (2) When the master or person responsible for the ship, aircraft, or 
other vehicle not in distress, or for the land station, believes that 
further help is necessary.
    (3) When, although not in a position to assist, it has heard a 
distress message which has not been acknowledged. When a mobile station 
transmits such a distress message, it must notify the authorities who 
may be able to assist.
    (b) Transmission must be made on the international distress 
frequencies or on any other available frequency on which attention might 
be attracted.
    (c) Transmission of the distress message must always be preceded by 
the call indicated below, which must itself

[[Page 78]]

be preceded whenever possible by the radiotelegraph or radiotelephone 
alarm signal. This call consists of:
    (1) When radiotelegraphy is used:
    (i) The signal DDD SOS SOS SOS DDD:
    (ii) The word DE;
    (iii) The call sign of the transmitting station, sent three times.
    (2) When radiotelephony is used:
    (i) The signal MAYDAY RELAY, spoken three times;
    (ii) The words THIS IS;
    (iii) The call sign or other identification of the transmitting 
station, spoken three times.
    (d) When the radiotelegraph alarm signal is used, an interval of two 
minutes must be allowed, whenever this is considered necessary, before 
the transmission of the call mentioned in paragraph (c)(1) of this 
section.



Sec. 80.325  Control of distress traffic.

    (a) Distress traffic consists of all messages relating to the 
immediate assistance required by the mobile station in distress. In 
distress traffic, the distress signal must be sent before the call and 
at the beginning of the preamble of any radiotelegram.
    (b) The control of distress traffic is the responsibility of the 
mobile station in distress or of the station which has sent the distress 
message. These stations may delegate the control of the distress traffic 
to another station.
    (c) The station in distress or the station in control of distress 
traffic may impose silence either on all stations of the mobile service 
in the area or on any station which interferes with the distress 
traffic. It must address these instructions ``to all stations'' or to 
one station only, according to circumstances. In either case, it must 
use one of the following signals which are reserved for use by the 
mobile station in distress and for the station controlling distress 
traffic:
    (1) In radiotelegraphy, the abbreviation QRT, followed by the 
distress signal SOS.
    (2) In radiotelephony, the signal SEELONCE MAYDAY.
    (d) If essential, any station of the mobile service near the ship, 
aircraft, or other vehicle in distress may also impose silence. It must 
use for this purpose:
    (1) In radiotelegraphy, the abbreviation QRT, followed by the word 
DISTRESS and its own call sign;
    (2) In radiotelephony, the word SEELONCE, followed by the word 
DISTRESS and its own call sign or other identification.



Sec. 80.326  Notification of resumption of normal working.

    (a) When distress traffic has ceased, or when complete silence is no 
longer necessary on a frequency which has been used for distress 
traffic, the station which has controlled this traffic must transmit on 
that frequency a message addressed ``to all stations'' indicating that 
normal working may be resumed.
    (1) In radiotelegraphy, this message consists of:
    (i) The distress signal SOS;
    (ii) The call ``to all stations'' (CQ), sent three times;
    (iii) The word DE;
    (iv) The call sign of the station sending the message;
    (v) The time of handing in the message;
    (vi) The name and call sign of the mobile station which was in 
distress;
    (vii) The service abbreviation QUM.
    (2) In radiotelephony, this message consists of:
    (i) The distress signal MAYDAY;
    (ii) The call ``Hello all stations'', spoken three times;
    (iii) The words THIS IS;
    (iv) The call sign or other identification of the station sending 
the message;
    (v) The time of handing in of the message;
    (vi) The name and call sign of the mobile station which was in 
distress;
    (vii) The words SEELONCE FEENEE OR PRU-DONCE.
    (b) Until they receive the foregoing message indicating that normal 
or limited working may be resumed, all stations which are aware of the 
distress traffic, and which are not taking part in it, are forbidden to 
transmit on the frequencies on which the distress traffic is taking 
place.

[[Page 79]]



Sec. 80.327  Urgency signals.

    (a) The urgency signal indicates that the calling station has a very 
urgent message to transmit concerning the safety of a ship, aircraft, or 
other vehicle, or the safety of a person. The urgency signal must be 
sent only on the authority of the master or person responsible for the 
mobile station.
    (b) In radiotelegraphy, the urgency signal consists of three 
repetitions of the group XXX, sent with the individual letters of each 
group, and the successive groups clearly separated from each other. It 
must be transmitted before the call.
    (c) In radiotelephony, the urgency signal consists of three oral 
repetitions of the group of words PAN PAN transmitted before the call.
    (d) The urgency signal has priority over all other communications 
except distress. All mobile and land stations which hear it must not 
interfere with the transmission of the message which follows the urgency 
signal.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 35245, Sept. 18, 1987]



Sec. 80.328  Urgency message.

    (a) The urgency signal and call, and the message following it, must 
be sent on one of the international distress frequencies. Stations which 
cannot transmit on a distress frequency may use any other available 
frequency on which attention might be attracted.
    (b) Mobile stations which hear the urgency signal must continue to 
listen for at least three minutes. At the end of this period, if no 
urgency message has been heard, they may resume their normal service. 
However, land and mobile stations which are in communication on 
frequencies other than those used for the transmission of the urgency 
signal and of the call which follows it may continue their normal work 
without interruption provided the urgency message is not addressed ``to 
all stations''.
    (c) When the urgency signal has been sent before transmitting a 
message ``to all stations'' which calls for action by the stations 
receiving the message, the station responsible for its transmission must 
cancel it as soon as it knows that action is no longer necessary. This 
message of cancellation must likewise be addressed ``to all stations''.



Sec. 80.329  Safety signals.

    (a) The safety signal indicates that the station is about to 
transmit a message concerning the safety of navigation or giving 
important meteorological warnings.
    (b) In radiotelegraphy, the safety signal consists of three 
repetitions of the group TTT, sent with the individual letters of each 
group, and the successive groups clearly separated from each other. It 
must be sent before the call.
    (c) In radiotelephony, the safety signal consists of the word 
SECURITE, pronounced as in French, spoken three times and transmitted 
before the call.
    (d) The safety signal and call must be sent on one of the 
international distress frequencies (500 kHz or 8364 kHz radiotelegraph; 
2182 kHz or 156.8 MHz radiotelephone). Stations which cannot transmit on 
a distress frequency may use any other available frequency on which 
attention might be attracted.



Sec. 80.330  Safety message.

    (a) The safety signal and call must be followed by the safety 
message. Where practicable, the safety message should be sent on a 
working frequency, and a suitable announcement to this effect must be 
made at the end of the call.
    (b) Except for the cases mentioned in paragraph (c) of this section, 
the safety signal when sent on the frequency 500 kHz must be transmitted 
toward the end of the first available silence period; the safety message 
must be transmitted immediately after the silence period.
    (c) Messages about meteorological warnings, of cyclones, dangerous 
ice, dangerous wrecks, or any other imminent danger to marine navigation 
must be preceded by the safety signal.
    (d) Stations hearing the safety signal must not make any 
transmission likely to interfere with the message.



Sec. 80.331  Bridge-to-bridge communication procedure.

    (a) Vessels subject to the Bridge-to-Bridge Act transmitting on the 
designated navigational frequency must conduct communications in a 
format similar to those given below:

[[Page 80]]

    (1) This is the (name of vessel). My position is (give readily 
identifiable position, course and speed) about to (describe contemplated 
action). Out.
    (2) Vessel off (give a readily identifiable position). This is (name 
of vessel) off (give a readily identifiable position). I plan to (give 
proposed course of action). Over.
    (3) (Coast station), this is (vessel's name) off (give readily 
identifiable position). I plan to (give proposed course of action). 
Over.
    (b) Vessels acknowledging receipt must answer ``(Name of vessel 
calling). This is (Name of vessel answering). Received your call,'' and 
follow with an indication of their intentions. Communications must 
terminate when each ship is satisfied that the other no longer poses a 
threat to its safety and is ended with ``Out''.
    (c) Use of power greater than 1 watt in a bridge-to-bridge station 
shall be limited to the following three situations:
    (1) Emergency.
    (2) Failure of the vessel being called to respond to a second call 
at low power.
    (3) A broadcast call as in paragraph (a)(1) of this section in a 
blind situation, e.g., rounding a bend in a river.



Sec. 80.332  Equipment to aid search and rescue operations.

    (a) Survival craft stations may transmit distress, urgency and 
safety signals, calls and messages.
    (b) EPIRB's may transmit only in accordance with the requirements of 
subparts V and X of this part.



Sec. 80.333  Stations in the maritime mobile-satellite service.

    The provisions of Secs. 80.311 and 80.324 apply to the operations of 
ship earth stations in the maritime mobile-satellite service.



                         Subpart H--Frequencies

                             Radiotelegraphy



Sec. 80.351  Scope.

    The following sections describe the carrier frequencies and general 
uses of radiotelegraphy with respect to the following:

--Distress, urgency, safety, call and reply.
--Working.
--Digital selective calling (DSC).
--Narrow-band direct-printing (NB-DP).
--Facsimile.



Sec. 80.353  General uses--radiotelegraphy.

    (a) Unless otherwise indicated radiotelegraphy may be used by ship 
and public coast stations only.
    (b) The signal code for Morse telegraphy must be the international 
Morse code signals specified in the Telegraph Regulations annexed to the 
International Telecommunication Convention.
    (c) To facilitate communications, ship stations transmitting by 
means of radiotelegraphy must use the service abbreviations (``Q'' 
signals) listed in Appendix 14 to the ITU Radio Regulations whenever 
practicable.
    (d) In order to reduce interference stations must attempt to select 
calling frequencies which provide the most favorable propagational 
characteristics for effecting reliable communications.
    (e) Coast stations may apply to use for telegraphy communications 
any additional coast station frequencies that are allocated for such 
communications in the 10-27500 kHz band that are not listed in this 
part. See the Table of Frequency allocations in Sec. 2.106 of this 
chapter. The use of such frequencies will be authorized initially with a 
six month provisional period.
    (f) Radiotelegraphy stations communicating with a Government station 
may transmit on a Government frequency when authorized to do so by the 
Government station or agency if the emission, bandwidth and frequency 
tolerance of the non-Government station are within the same limits as 
the Government station.



Sec. 80.355  Distress, urgency, safety, call and reply Morse code frequencies.

    This section describes the distress, urgency, safety, call and reply 
carrier frequencies assignable to stations for Morse code 
radiotelegraphy.
    (a) Frequencies in the 100-160 kHz band. The international calling 
frequency in the 100-160 kHz band is 143 kHz using A1A or J2A emission. 
When a ship station operating in the 100-160 kHz band desires to 
communicate with

[[Page 81]]

a coast station, it must call on the frequency 143 kHz unless the 
International List of Coast Stations provides otherwise. Coast stations 
must reply on their normal working frequency in this band. Only 
individual calls, replies to such calls, and transmission of signals 
preparatory to traffic may be transmitted on 143 kHz.
    (b) Frequencies in the 405-535 kHz band. (1) The international 
distress, urgency, safety, call and reply frequency used by ship and 
coast stations operating in the 405-525 kHz band is 500 kHz. A2A and A2B 
or H2A and H2B emissions are preferred for distress calls, distress 
traffic and for urgency and safety messages. For call and reply messages 
A1A or J2A emission must be used. In order to facilitate distress 
communications routine correspondence tranmissions on 500 kHz must be 
reduced to a minimum.
    (2) In Region 2 and areas of heavy traffic ship stations must 
request coast stations to listen on the ship station's working 
frequencies.
    (3) In areas where 500 kHz is used for distress a ship or coast 
station must use the supplementary calling frequency 512 kHz for routine 
calling and normally request a reply on its working frequency. The 
called station may reply on 512 kHz when requested to do so by the 
calling station.
    (c) Frequencies in the 2000-27500 kHz band--(1) Survival craft 
frequencies: Survival craft operating on 8364 kHz must use A2A or H2A 
emission to establish communications related to search and rescue 
operations.
    (2) Ship station frequencies. The following table describes the 
calling frequencies in the 4000-27500 kHz band which are available for 
use by authorized ship stations equipped with crystal controlled 
oscillators for A1A or J2A radiotelegraphy. There are two series of 
frequencies for worldwide use and two series of frequencies for each 
geographic region. Ship stations with synthesized transmitters may 
operate on every full 100 Hz increment in the 0.5 kHz channel for the 
frequencies listed, except for 100 Hz above and below those designated 
for worldwide use. During normal business hours when not communicating 
on other frequencies, all U.S. coast radiotelegraph stations must 
monitor the worldwide frequencies and the initial calling frequencies 
for the region in which it is located. The specific frequencies which 
must be monitored by a coast station will vary with propagation 
conditions. The calling frequencies which are routinely monitored by 
specific coast stations can be determined by reference to the ITU 
publication entitled ``List of Coast Stations''. Initial calls by ship 
stations must be made on the appropriate initial calling frequency 
first. Calls on the worldwide frequencies may be made only after calls 
on the appropriate initial calling frequency are unsuccessful.

                                      Ship Morse Calling Frequencies (kHz)
Region:                         ITU                                                               ITU
  Worldwide...................    3    4184.0    6276.0    8368.0   12552.0   16736.0   22280.5  C       25172.0
                                  4    4184.5    6276.5    8369.0   12553.5   16738.0   22281.0  C       25172.0
  Atlantic:
    Initial...................    1    4182.0    6277.0    8366.0   12550.0   16734.0   22279.5  A       25171.5
    Alternate.................    2    4182.5    6277.5    8366.5   12550.5   16734.5   22280.0  A       25171.5
  Caribbean:
    Initial...................    1    4182.0    6277.0    8366.0   12550.0   16734.0   22279.5  A       25171.5
    Alternate.................    2    4182.5    6277.5    8366.5   12550.5   16734.5   22280.0  A       25171.5
  Gulf-Mexico:
    Initial...................    5    4183.0    6278.0    8367.0   12551.0   16735.0   22281.5  A       25171.5
    Alternate.................    6    4183.5    6278.5    8367.5   12551.5   16735.5   22282.0  A       25171.5
  N Pacific:
    Initial...................    7    4185.0    6279.0    8368.5   12552.5   16736.5   22282.5  B       25172.5
    Alternate.................    8    4185.5    6279.5    8369.5   12553.0   16737.0   22283.0  B       25172.5
  S Pacific:
    Initial...................    9    4186.0    6280.0    8370.0   12554.0   16737.5   22283.5  B       25172.5
    Alternate.................   10    4186.5    6280.5    8370.5   12554.5   16738.5   22284.0  B       25172.5
----------------------------------------------------------------------------------------------------------------


[[Page 82]]

    (3) Coast Station frequencies. Coast stations may use any working 
carrier frequency for distress, safety and calling listed in 
Sec. 80.357(b)(1) which is not identified with a specific use.
    (d) Frequencies in the VHF bands. (1) Survival craft stations using 
121.500 MHz may be assigned A3N emission for radiobeacon purposes.
    (2) EPIRB stations may be assigned 121.500 MHz and 243.000 MHz using 
A3E, A3X and NON emission or 156.750 MHz and 156.800 MHz using G3N 
emission to aid search and rescue operations. See subpart V of this 
part.

[51 FR 31213, Sept. 2, 1986; 51 FR 34984, Oct. 1, 1986; 52 FR 35245, 
Sept. 18, 1987; 56 FR 9886, Mar. 8, 1991; 56 FR 11516, Mar. 19, 1991]



Sec. 80.357  Morse code working frequencies.

    This section describes the working frequencies assignable to 
maritime stations for A1A or J2A radiotelegraphy.
    (a) Ship station frequencies--(1) Frequencies in the 100-160 kHz 
band. The following table describes the working carrier frequencies in 
the 100-160 kHz band which are assignable to ship stations. A ship 
station may also transmit on a radiotelegraphy working channel of a 
coast station within the 100-160 kHz band when directed to do so by the 
coast station provided interference is not caused to any land, fixed, 
broadcast, or radiolocation station.

------------------------------------------------------------------------
                              100-160 (kHz)
------------------------------------------------------------------------
                                   152        ..........................
                                   153        ..........................
                                   154        ..........................
                                   155        ..........................
                                   156        ..........................
                                   157        ..........................
                                   158        ..........................
------------------------------------------------------------------------

    (2) Frequencies in the 405-525 kHz band. The following table 
describes the working carrier frequencies in the 405-525 kHz band which 
are assignable to ship stations. A ship station may transmit on a 
radiotelegraphy working channel of a coast station in the 415-490 kHz 
band when directed to do so by the coast station.

------------------------------------------------------------------------
                              405-525 (kHz)
------------------------------------------------------------------------
                                 \1\ 410      ..........................
                                   425        ..........................
                                   454        ..........................
                                   468        ..........................
                                   480        ..........................
                                 \2\ 512      ..........................
                                 \3\ 518      ..........................
------------------------------------------------------------------------
\1\ The frequency 410 kHz may be used on a secondary basis for the
  transmission of radiodetermination information and for transmitting by
  radiotelegraph radiodetermination related messages to direction-
  finding stations.
\2\ The frequency 512 kHz may be used as a supplementary calling
  frequency when 500 kHz is used for distress, safety and urgency
  communications. The use of the 512 kHz as a working frequency is
  prohibited in areas where it is used as a supplementary calling
  frequency when 500 kHz is used for distress, safety, and urgency
  communications.
\3\ The frequency 518 kHz is a receive only frequency by ship stations.
  It is used by U.S. Coast Guard coast stations for NB-DP transmissions
  of meteorological and navigational warnings to ships.

    (3) Frequencies in the 2000-27500 kHz band. This paragraph describes 
the working frequencies and Channel Series in the 2000-27500 kHz band 
which are assignable to ship stations.
    (i) Two Channel Series will be assigned for routine use to each ship 
station. Frequencies from any other Channel Series may be used if the 
frequencies in the assigned Channel Series are not adequate for 
communications.

                                      Ship Morse Working Frequencies (kHz)
Channel Series:
    W1......................      4187.0      6285.0      8342.0     12422.0     16619.0     22242.0     25161.5
                                                          8343.5     12453.0     16650.0     22273.0
                                                                                 16681.0
    W2......................      4187.5      6285.5      8342.5     12422.5     16619.5     22242.5     25162.0
                                                          8344.0     12453.5     16650.5     22273.5
                                                                                 16681.5
    W3......................      4188.0      6286.0      8343.0     12423.0     16620.0     22243.0     25162.5
                                                          8344.5     12454.0     16651.0     22274.0
                                                                                 16682.0
    W4......................      4188.5      6286.5      8343.5     12423.5     16620.5     22243.5     25163.0
                                                          8345.0     12454.5     16651.5     22274.5
                                                                                 16682.5
    W5......................      4189.0      6287.0      8344.0     12424.0     16621.0     22244.0     25163.5
                                                          8345.5     12455.0     16652.0     22275.0
                                                                                 16683.0

[[Page 83]]

 
    W6......................      4189.5      6287.5      8344.5     12424.5     16621.5     22244.5     25164.0
                                                          8346.0     12455.5     16652.5     22275.5
                                                                                 16619.0
    W7......................      4190.0      6288.0      8345.0     12425.0     16622.0     22245.0     25164.5
                                                          8346.5     12456.0     16653.0     22276.0
                                                                                 16619.5
    W8......................      4190.5      6288.5      8345.5     12425.5     16622.5     22245.5     25165.0
                                                          8347.0     12456.5     16653.5     22276.5
                                                                                 16620.0
    W9......................      4191.0      6289.0      8346.0     12426.0     16623.0     22246.0     25165.5
                                                          8347.5     12457.0     16654.0     22277.0
                                                                                 16620.5
    W10.....................      4191.5      6289.5      8346.5     12426.5     16623.5     22246.5     25166.0
                                                          8348.0     12457.5     16654.5     22270.5
                                                                                 16621.0
    W11.....................      4192.0      6290.0      8347.0     12427.0     16624.0     22247.0     25166.5
                                                          8348.5     12458.0     16655.0     22278.0
                                                                                 16621.5
    W12.....................      4192.5      6290.5      8347.5     12427.5     16624.5     22247.5     25167.0
                                                          8349.0     12458.5     16655.5     22278.5
                                                                                 16622.0
    W13.....................      4193.0      6291.0      8348.0     12428.0     16625.0     22248.0     25167.5
                                                          8349.5     12459.0     16656.0     22279.0
                                                                                 16622.5
    W14.....................      4193.5      6291.5      8348.5     12428.5     16625.5     22248.5     25168.0
                                                          8350.0     12459.5     16656.5     22242.0
                                                                                 16623.0
    W15.....................      4194.0      6292.0      8349.0     12429.0     16626.0     22249.0     25168.5
                                                          8350.5     12460.0     16657.0     22242.5
                                                                                 16623.5
    W16.....................      4194.5      6292.5      8349.5     12429.5     16626.5     22249.5     25169.0
                                                          8351.0     12460.5     16657.5     22243.0
                                                                                 16624.0
    W17.....................      4195.0      6293.0      8350.0     12430.0     16627.0     22250.0     25169.5
                                                          8351.5     12461.0     16658.0     22243.5
                                                                                 16624.5
    W18.....................      4195.5      6293.5      8350.5     12430.5     16627.5     22250.5     25170.0
                                                          8352.0     12461.5     16658.5     22244.0
                                                                                 16625.0
    W19.....................      4196.0      6294.0      8351.0     12431.0     16628.0     22251.0     25170.5
                                                          8352.5     12462.0     16659.0     22244.5
                                                                                 16625.5
    W20.....................      4196.5      6294.5      8351.5     12431.5     16628.5     22251.5     25171.0
                                                          8353.0     12462.5     16659.5     22245.0
                                                                                 16626.0
    W21.....................      4197.0      6295.0      8352.0     12432.0     16629.0     22252.0     25161.5
                                                          8353.5     12463.0     16660.0     22245.5
                                                                                 16626.5
    W22.....................      4197.5      6295.5      8352.5     12432.5     16629.5     22252.5     25162.0
                                                          8354.0     12463.5     16660.5     22246.0
                                                                                 16627.0
    W23.....................      4198.0      6296.0      8353.0     12433.0     16630.0     22253.0     25162.5
                                                          8354.5     12464.0     16661.0     22246.5
                                                                                 16627.5
    W24.....................      4198.5      6296.5      8353.5     12433.5     16630.5     22253.5     25163.0
                                                          8355.0     12464.5     16661.5     22247.0
                                                                                 16628.0
    W25.....................      4199.0      6297.0      8354.0     12434.0     16631.0     22254.0     25163.5
                                                          8355.5     12465.0     16662.0     22247.5
                                                                                 16628.5
    W26.....................      4199.5      6297.5      8354.5     12434.5     16631.5     22254.5     25164.0
                                                          8356.0     12465.5     16662.5     22248.0
                                                                                 16629.0
    W27.....................      4200.0      6298.0      8355.0     12435.0     16632.0     22255.0     25164.5
                                                          8356.5     12466.0     16663.0     22248.5

[[Page 84]]

 
                                                                                 16629.5
    W28.....................      4200.5      6298.5      8355.5     12435.5     16632.5     22255.5     25165.0
                                                          8357.0     12466.5     16663.5     22249.0
                                                                                 16630.0
    W29.....................      4201.0      6299.0      8356.0     12436.0     16633.0     22256.0     25165.5
                                                          8357.5     12467.0     16664.0     22249.5
                                                                                 16630.5
    W30.....................      4201.5      6299.5      8356.5     12436.5     16633.5     22256.5     25166.0
                                                          8358.0     12467.5     16664.5     22250.0
                                                                                 16631.0
    W31.....................      4202.0      6300.0      8357.0     12437.0     16634.0     22257.0     25166.5
                                                          8358.5     12468.0     16665.0     22250.5
                                                                                 16631.5
    W32.....................      4202.0      6300.0      8357.5     12437.5     16634.5     22257.5     25167.0
                                                          8359.0     12468.5     16665.5     22251.0
                                                                                 16632.0
    W33.....................      4201.5      6299.5      8358.0     12438.0     16635.0     22258.0     25167.5
                                                          8359.5     12469.0     16666.0     22251.5
                                                                                 16632.5
    W34.....................      4201.0      6299.0      8358.5     12438.5     16635.5     22258.5     25168.0
                                                          8360.0     12469.5     16666.5     22252.0
                                                                                 16633.0
    W35.....................      4200.5      6298.5      8359.0     12439.0     16636.0     22259.0     25168.5
                                                          8360.5     12470.0     16667.0     22252.5
                                                                                 16633.5
    W36.....................      4200.0      6298.0      8359.5     12439.5     16636.5     22259.5     25169.0
                                                          8361.0     12470.5     16667.5     22253.0
                                                                                 16634.0
    W37.....................      4199.5      6297.5      8360.0     12440.0     16637.0     22260.0     25169.5
                                                          8361.5     12471.0     16668.0     22253.5
                                                                                 16634.5
    W38.....................      4199.0      6297.0      8360.5     12440.5     16637.5     22260.5     25170.0
                                                          8362.0     12471.5     16668.5     22254.0
                                                                                 16635.0
    W39.....................      4198.5      6296.5      8361.0     12441.0     16638.0     22261.0     25170.5
                                                          8362.5     12472.0     16669.0     22254.5
                                                                                 16635.5
    W40.....................      4198.0      6296.0      8361.5     12441.5     16638.5     22261.5     25171.0
                                                          8363.0     12472.5     16669.5     22255.0
                                                                                 16636.0
    W41.....................      4197.5      6295.5      8362.0     12442.0     16639.0     22262.0     25161.5
                                                          8363.5     12473.0     16670.0     22255.5
                                                                                 16636.5
    W42.....................      4197.0      6295.0      8362.5     12442.5     16639.5     22262.5     25162.0
                                                          8364.0     12473.5     16670.5     22256.0
                                                                                 16637.0
    W43.....................      4196.5      6294.5      8363.0     12443.0     16640.0     22263.0     25162.5
                                                          8364.5     12474.0     16671.0     22256.5
                                                                                 16637.5
    W44.....................      4196.0      6294.0      8363.5     12443.5     16640.5     22263.5     25163.0
                                                          8365.0     12474.5     16671.5     22257.0
                                                                                 16638.0
    W45.....................      4195.5      6293.5      8364.0     12444.0     16641.0     22264.0     25163.5
                                                          8365.5     12475.0     16672.0     22257.5
                                                                                 16638.5
    W46.....................      4195.0      6293.0      8364.5     12444.5     16641.5     22264.5     25164.0
                                                          8371.0     12475.5     16672.5     22258.0
                                                                                 16639.0
    W47.....................      4194.5      6292.5      8365.0     12445.0     16642.0     22265.0     25164.5
                                                          8371.5     12476.0     16673.0     22258.5
                                                                                 16639.5
    W48.....................      4194.0      6292.0      8365.5     12445.5     16642.5     22265.5     25165.0
                                                          8372.0     12476.5     16673.5     22259.0
                                                                                 16640.0
    W49.....................      4193.5      6291.5      8371.0     12446.0     16643.0     22266.0     25165.5

[[Page 85]]

 
                                                          8372.5     12422.0     16674.0     22259.5
                                                                                 16640.5
    W50.....................      4193.0      6291.0      8371.5     12446.5     16643.5     22266.5     25166.0
                                                          8373.0     12422.5     16674.5     22260.0
                                                                                 16641.0
    W51.....................      4192.5      6290.5      8372.0     12447.0     16644.0     22267.0     25166.5
                                                          8373.5     12423.0     16675.0     22260.5
                                                                                 16641.5
    W52.....................      4192.0      6290.0      8372.5     12447.5     16644.5     22267.5     25167.0
                                                          8374.0     12423.5     16675.5     22261.0
                                                                                 16642.0
    W53.....................      4191.5      6289.5      8373.0     12448.0     16645.0     22268.0     25167.5
                                                          8374.5     12424.0     16676.0     22261.5
                                                                                 16642.5
    W54.....................      4191.0      6289.0      8373.5     12448.5     16645.5     22268.5     25168.0
                                                          8375.0     12424.5     16676.5     22262.0
                                                                                 16643.0
    W55.....................      4190.5      6288.5      8374.0     12449.0     16646.0     22269.0     25168.5
                                                          8375.5     12425.0     16677.0     22262.5
                                                                                 16643.5
    W56.....................      4190.0      6288.0      8374.5     12449.5     16646.5     22269.5     25169.0
                                                          8376.0     12425.5     16677.5     22263.0
                                                                                 16644.0
    W57.....................      4189.5      6287.5      8375.0     12450.0     16647.0     22270.0     25169.5
                                                          8342.0     12426.0     16678.0     22263.5
                                                                                 16644.5
    W58.....................      4189.0      6287.0      8375.5     12450.5     16647.5     22270.5     25170.0
                                                          8342.5     12426.5     16678.5     22264.0
                                                                                 16645.0
    W59.....................      4188.5      6286.5      8376.0     12451.0     16648.0     22271.0     25170.5
                                                          8343.0     12427.0     16679.0     22264.5
                                                                                 16645.5
    W60.....................      4188.0      6286.0      8342.0     12451.5     16648.5     22271.5     25171.0
                                                          8343.5     12427.5     16679.5     22265.0
                                                                                 16646.0
    W61.....................      4187.5      6285.5      8342.5     12452.0     16649.0     22272.0     25161.5
                                                          8344.0     12428.0     16680.0     22265.5
                                                                                 16646.5
    W62.....................      4187.0      6285.0      8343.0     12452.5     16649.5     22272.5     25162.0
                                                          8344.5     12428.5     16680.5     22266.0
                                                                                 16678.0
----------------------------------------------------------------------------------------------------------------

    (ii) If the frequencies listed in paragraph (3)(i) of this section 
are not adequate for communications, ship stations may use any of the 
non-paired narrow-band direct-printing frequencies listed in 
Sec. 80.361(b) of this part for A1A or J2A radiotelegraphy.
    (b) Coast station frequencies--(1) Frequencies in the 100-27500 kHz 
band. The following table describes the working carrier frequencies in 
the 100-27500 kHz band which are assignable to coast stations located in 
the designated geographical areas. The exclusive maritime mobile HF 
bands listed in the table contained in Sec. 80.363(b) of this part are 
also available for assignment to public coast stations for A1A or J2A 
radiotelegraphy following coordination with government users.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Bands \1\
                                                               -----------------------------------------------------------------------------------------
                             Area                                100-160   405-525
                                                                   kHz       kHz      2 MHz     4 MHz     6 MHz     8 MHz    12 MHz     16 MHz   22 MHz
--------------------------------------------------------------------------------------------------------------------------------------------------------
Central Pacific...............................................    126.15    426.00    2037.5    4247.0    6348.0    8558.0   12695.5   17016.8   22479.0
                                                                ........    436.00    2045.0    4274.0    6365.5    8618.0   12808.5   17026.0   22515.0
                                                                  147.85    460.00    2061.5    4228.0    6477.5    8642.0   12844.5   17088.8   22557.0
                                                                ........     476.0  ........  ........    6488.0    8445.0   13002.0  ........   22581.5
                                                                ........    500.00  ........  ........  ........  ........   13033.5  ........  ........

[[Page 86]]

 
                                                                ........    512.00  ........  ........  ........  ........  ........  ........  ........
South Pacific.................................................  ........    418.00    2049.5    4238.0    6355.0    8590.0   12691.0   17064.8   22467.0
                                                                ........    464.00    2055.5    4283.0    6463.5    8606.0   12912.0   17088.8   22593.5
                                                                ........    482.00  ........  ........  ........    8642.0   12993.0   17220.5  ........
                                                                ........    500.00  ........  ........  ........  ........   13033.5  ........  ........
                                                                ........    512.00  ........  ........  ........  ........  ........  ........  ........
Gulf of Mexico................................................    153.00    410.00    2042.0    4256.0    6369.0    8473.0   12704.5   17117.6   22467.0
                                                                ........    420.00    2048.0    4274.0    6435.5    8550.0   12826.5   17170.4   22668.5
                                                                ........    434.00    2049.5    4310.0    6446.0    8570.0   12840.0   17172.4   22686.5
                                                                ........    438.00    2052.5    4322.0    6495.0    8666.0   13038.0   17230.1   22688.0
                                                                ........    478.00    2055.5  ........  ........    8445.0   13051.5  ........  ........
                                                                ........    484.00    2063.0  ........  ........    8453.0   12660.0  ........  ........
                                                                ........    500.00  ........  ........  ........  ........  ........  ........  ........
                                                                ........    512.00  ........  ........  ........  ........  ........  ........  ........
Great Lakes...................................................  ........    482.00  ........    4316.0    6474.0    8534.0  ........  ........  ........
                                                                ........    500.00  ........  ........  ........  ........  ........  ........  ........
                                                                ........    512.00  ........  ........  ........  ........  ........  ........  ........
Hawaii........................................................  ........    484.00    2052.5    4295.0    6407.5    8542.0   13029.0   16978.4   22509.0
                                                                ........    500.00  ........  ........  ........  ........  ........  ........  ........
                                                                ........    512.00  ........  ........  ........  ........  ........  ........  ........
Puerto Rico...................................................    153.00    486.00    2052.5    4244.0  ........    8457.0   12700.0  ........  ........
                                                                ........    500.00  ........  ........  ........  ........  ........  ........  ........
                                                                ........    512.00  ........  ........  ........  ........  ........  ........  ........
North Atlantic................................................    112.85    418.00    2036.0    4238.0    6351.5    8502.0   12745.5   16933.2   22485.0
                                                                  124.05    436.00    2040.5    4268.0    6376.0    8514.0   12925.5   16968.8   22503.0
                                                                  130.35    442.00    2046.5    4331.0    6414.5    8586.0   12948.0   16973.6   22521.0
                                                                  132.10    460.00    2051.0    4343.0    6418.0    8610.0   12961.5   16997.6   22599.5
                                                                  134.55    472.00    2054.0    4346.0    6333.5    8630.0   12997.5   17021.6   22640.0
                                                                  137.00    476.00    2060.0  ........    6337.0    8658.0   13020.0   17093.6   22658.0
                                                                ........    482.00  ........  ........    6344.0    8686.0   13024.5   16904.9  ........
                                                                  146.80    500.00  ........  ........  ........  ........   13033.5  ........  ........
                                                                  147.50    512.00  ........  ........  ........  ........   13060.5  ........  ........
Central Atlantic..............................................  ........    428.00    2063.0    4346.0    6484.5    8502.0   12885.0   16916.5   22588.5
                                                                ........    500.00  ........  ........  ........  ........  ........  ........  ........
                                                                ........    512.00  ........  ........  ........  ........  ........  ........  ........
South Atlantic................................................    137.70    434.00    2039.0    4250.0    6389.6    8486.0   12952.5   16918.8   22503.0
                                                                ........    464.00    2043.5    4292.0    6407.5    8525.0   12970.5   17093.6   22575.5
                                                                ........    472.00    2051.0    4295.0    6411.0    8686.0   13011.0   17160.8  ........
                                                                ........    488.00    2057.0  ........  ........    8453.0   12660.0   17170.4  ........
                                                                ........    500.00  ........  ........  ........  ........  ........   17239.7  ........
                                                                ........    512.00  ........  ........  ........  ........  ........  ........  ........
North Pacific.................................................  ........    482.00    2058.5    4349.0    6411.0    8582.0   12907.5   17007.2   22539.0
                                                                ........    488.00    2063.0  ........  ........    8658.0   12916.5  ........  ........
                                                                ........    500.00  ........  ........  ........  ........  ........  ........  ........
                                                                ........    512.00  ........  ........  ........  ........  ........  ........  ........
Alaska........................................................  ........    416.00  ........  ........  ........  ........  ........  ........  ........
                                                                ........    438.00  ........  ........  ........  ........  ........  ........  ........
                                                                ........    452.00  ........  ........  ........  ........  ........  ........  ........
                                                                ........    472.00  ........  ........  ........  ........  ........  ........  ........
                                                                ........    512.00  ........  ........  ........  ........  ........  ........  ........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ All frequencies in this table are shown in kilohertz.

    (2) Conditions of use. The following conditions are applicable to 
these frequencies:
    (i) Frequencies in the 100-160 kHz band are assignable to coast 
stations for high seas communications only;
    (ii) Frequencies above 5 MHz may be assigned primarily to stations 
serving the high seas and secondarily to stations serving inland waters 
of the United States, including the Great Lakes, under the condition 
that interference will not be caused to any coast station serving the 
high seas. Applicants for these frequencies must submit a substantial 
showing of need based on the following factors:
    (A) A schedule of each currently licensed Morse working frequency 
and the expected use of the proposed frequencies;
    (B) For additional frequencies within the same MHz band, a factual 
showing of the 3 busiest hours of any 4 days within a consecutive 10 day 
period for

[[Page 87]]

each of the 2 months immediately preceding the filing of the application 
indicating that the applicant has used its currently assigned 
frequencies within the same MHz band an aggregate average of at least 
40% of the 3 busiest hours of each day for exchanging communications; 
and
    (C) Any other facts that support the need for the proposed 
assignment, e.g., evidence of radio interference by another station 
located near enough to render a currently licensed frequency 
substantially unusable.
    (iii) The frequency 410 kHz may be used on a secondary basis for the 
transmission of radiodetermination information and for transmitting by 
radiotelegraph radiodetermination messages to direction-finding 
stations; and
    (iv) The frequency 512 kHz may be used as a supplementary calling 
frequency when 500 kHz is used for distress, urgency and safety 
communications. The use of the 512 kHz as a working frequency is 
prohibited in areas where 500 kHz is used for distress, urgency and 
safety communications.

[51 FR 31213, Sept. 2, 1986; 51 FR 34984, Oct. 1, 1986; 56 FR 9887, Mar. 
8, 1991; 56 FR 34029, July 25, 1991]



Sec. 80.359  Frequencies for digital selective calling (DSC).

    (a) General purpose calling. The following table describes the 
calling frequencies for use by authorized ship and coast stations for 
general purpose DSC. There are three series of paried frequencies. One 
series is for worldwide use; the other two series are for regional use. 
The ``Series A'' designation includes coast stations along, and ship 
stations in, the Atlantic Ocean, the Gulf of Mexico, and the Caribbean 
Sea. The ``Series B'' designation includes stations in any remaining 
areas. Stations must initiate contact on the appropriate regional 
frequency depending upon the location of the called station and 
propagation conditions. Acknowledgement is made on the paired frequency. 
The worldwide frequencies may be used for international calling, if 
calls on the appropriate regional frequencies are unsuccessful, or the 
regional series does not contain the appropriate band (e.g., 2 MHz). 
During normal working hours, all public coast stations capable of DSC 
operations must monitor the worldwide and regional frequencies 
appropriate for its location. The specific frequencies to be monitored 
will vary with propagation conditions.

                                               General Purpose DSC
                                         [In kHz unless otherwise noted]
----------------------------------------------------------------------------------------------------------------
               Worldwide                              Series A                             Series B
----------------------------------------------------------------------------------------------------------------
       Ship                Coast               Ship              Coast              Ship              Coast
----------------------------------------------------------------------------------------------------------------
458.5.............            455.5     .................  .................  ................  ................
2189.5............       \1\ 2177.0     .................  .................  ................  ................
4208.0............           4219.5             4208.5             4220.0             4209.5            4220.5
6312.5............           6331.0             6313.0             6331.5             6313.5            6332.0
8415.0............           8436.5             8415.5             8437.0             8416.0            8437.5
12577.5...........          12657.0            12578.0            12657.5            12578.5           12658.0
16805.0...........          16903.0            16805.5            16903.5            16806.0           16904.0
18898.5...........          19703.5            18899.0            19704.0            18899.5           19704.5
22374.5...........          22444.0            22375.0            22444.5            22375.5           22445.0
25208.5...........          26121.0            25209.0            26121.5            25209.5           26122.0
\2\ 156.525.......      \2\ 156.525     .................  .................  ................  ................
----------------------------------------------------------------------------------------------------------------
\1\ The frequency 2177.0 kHzs is also available to ship stations for intership calling and acknowledgement of
  such calls only.
\2\ MHz.

    (b) Distress and safety calling. The frequencies 2187.5 kHz, 4207.5 
kHz, 6312.0 kHz, 8414.5 kHz, 12577.0 kHz, 16804.5 kHz, and 156.525 MHz 
may be used for DSC by coast and ship stations on a simplex basis for 
distress and safety purposes. The provisions and procedures for distress 
and safety calling are contained in CCIR Recommendation 541 as modified 
by Sec. 80.103(c) of this part.
    (c) Working frequencies. Coast and ship stations may use DSC 
techniques for general calling purposes on their

[[Page 88]]

assigned working frequencies in the 2000-27500 kHz band and on those 
frequencies in the 156-162 MHz band which are allocated for maritime 
control, commercial, non-commercial and public correspondence 
communications.

[51 FR 31213, Sept. 2, 1986, as amended at 54 FR 49995, Dec. 4, 1989; 56 
FR 9890, Mar. 8, 1991; 56 FR 14150, Apr. 5, 1991]



Sec. 80.361  Frequencies for narrow-band direct-printing (NBDP), radioprinter and data transmissions.

    (a) Paired channels. (1) The following frequencies are available for 
assignment to public coast stations for narrow-band direct-printing 
(NBDP) and data transmissions. The paired ship frequencies are available 
for use by authorized ship stations for NBDP and data transmissions.

[[Page 89]]



------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Paired frequencies for NBDP and data transmissions (kHz)
                                       ---------------------------------------------------------------------------------------------------------------------------------------------------------
                Ch. no.                       4 MHz             6 MHz             8 MHz             12 MHz              16 MHz             18/19 MHz            22 MHz             25/26 MHz
                                       ---------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Coast     Ship    Coast     Ship    Coast     Ship     Coast     Ship      Coast     Ship      Coast     Ship      Coast     Ship      Coast     Ship
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1.....................................   4210.5   4172.5   6314.5   6263.0                     12579.5   12477.0   16807.0   16683.5   19681.0   18870.5   22376.5   22284.5   26101.0   25173.0
2.....................................   4211.0   4173.0   6315.0   6263.5   8417.0   8377.0   12580.0   12477.5   16807.5   16684.0   19681.5   18871.0   22377.0   22285.0   26101.5   25173.5
3.....................................   4211.5   4173.5   6315.5   6264.0   8417.5   8377.5   12580.5   12478.0   16808.0   16684.5   19682.0   18871.5   22377.5   22285.5   26102.0   25174.0
4.....................................   4212.0   4174.0   6316.0   6264.5   8418.0   8378.0   12581.0   12478.5   16808.5   16685.0   19682.5   18872.0   22378.0   22286.0   26102.5   25174.5
5.....................................   4212.5   4174.5   6316.5   6265.0   8418.5   8378.5   12581.5   12479.0   16809.0   16685.5   19683.0   18872.5   22378.5   22286.5   26103.0   25175.0
6.....................................   4213.0   4175.0   6317.0   6265.5   8419.0   8379.0   12582.0   12479.5   16809.5   16686.0   19683.5   18873.0   22379.0   22287.0   26103.5   25175.5
7.....................................   4213.5   4175.5   6317.5   6266.0   8419.5   8379.5   12582.5   12480.0   16810.0   16686.5   19684.0   18873.5   22379.5   22287.5   26104.0   25176.0
8.....................................   4214.0   4176.0   6318.0   6266.5   8420.0   8380.0   12583.0   12480.5   16810.5   16687.0   19684.5   18874.0   22380.0   22288.0   26104.5   25176.5
9.....................................   4214.5   4176.5   6318.5   6267.0   8420.5   8380.5   12583.5   12481.0   16811.0   16687.5   19685.0   18874.5   22380.5   22288.5   26105.0   25177.0
10....................................   4215.0   4177.0   6319.0   6267.5   8421.0   8381.0   12584.0   12481.5   16811.5   16688.0   19685.5   18875.0   22381.0   22289.0   26105.5   25177.5
11....................................                                       8421.5   8381.5   12584.5   12482.0   16812.0   16688.5   19686.0   18875.5   22381.5   22289.5   26106.0   25178.0
12....................................   4215.5   4178.0   6319.5   6268.5   8422.0   8382.0   12585.0   12482.5   16812.5   16689.0   19686.5   18876.0   22382.0   22290.0   26106.5   25178.5
13....................................   4216.0   4178.5   6320.0   6269.0   8422.5   8382.5   12585.5   12483.0   16813.0   16689.5   19687.0   18876.5   22382.5   22290.5   26107.0   25179.0
14....................................   4216.5   4179.0   6320.5   6269.5   8423.0   8383.0   12586.0   12483.5   16813.5   16690.0   19687.5   18877.0   22383.0   22291.0   26107.5   25179.5
15....................................   4217.0   4179.5   6321.0   6270.0   8423.5   8383.5   12586.5   12484.0   16814.0   16690.5   19688.0   18877.5   22383.5   22291.5   26108.0   25180.0
16....................................   4217.5   4180.0   6321.5   6270.5   8424.0   8384.0   12587.0   12484.5   16814.5   16691.0   19688.5   18878.0   22384.0   22292.0   26108.5   25180.5
17....................................   4218.0   4180.5   6322.0   6271.0   8424.5   8384.5   12587.5   12485.0   16815.0   16691.5   19689.0   18878.5   22384.5   22292.5   26109.0   25181.0
18....................................                     6322.5   6271.5   8425.0   8385.0   12588.0   12485.5   16815.5   16992.0   19689.5   18879.0   22385.0   22293.0   26109.5   25181.5
19....................................                     6323.0   6272.0   8425.5   8385.5   12588.5   12486.0   16816.0   16692.5   19690.0   18879.5   22385.5   22293.5   26110.0   25182.0
20....................................                     6323.5   6272.5   8426.0   8386.0   12589.0   12486.5   16816.5   16693.0   19690.5   18880.0   22386.0   22294.0   26110.5   25182.5
21....................................                     6324.0   6273.0   8426.5   8386.5   12589.5   12487.0   16817.0   16693.5   19691.0   18880.5   22386.5   22294.5
22....................................                     6324.5   6273.5   8427.0   8387.0   12590.0   12487.5   16817.5   16694.0   19691.5   18881.0   22387.0   22295.0
23....................................                     6325.0   6274.0   8427.5   8387.5   12590.5   12488.0   16818.0   16694.5                       22387.5   22295.5
24....................................                     6325.5   6274.5   8428.0   8388.0   12591.0   12488.5                                           22388.0   22296.0
25....................................                     6326.0   6275.0   8428.5   8388.5   12591.5   12489.0   16818.5   16695.5                       22388.5   22296.5
26....................................                     6326.5   6275.5   8429.0   8389.0   12592.0   12489.5   16819.0   16696.0                       22389.0   22297.0
27....................................                     6327.0   6281.0   8429.5   8389.5   12592.5   12490.0   16819.5   16696.5                       22389.5   22297.5
28....................................                     6327.5   6281.5   8430.0   8390.0   12593.0   12490.5   16820.0   16697.0                       22390.0   22298.0
29....................................                     6328.0   6282.0   8430.5   8390.5   12593.5   12491.0   16820.5   16697.5                       22390.5   22298.5
30....................................                                       8431.0   8391.0   12594.0   12491.5   16821.0   16698.0                       22391.0   22299.0
31....................................                                       8431.5   8391.5   12594.5   12492.0   16821.5   16698.5                       22391.5   22299.5
32....................................                                       8432.0   8392.0   12595.0   12492.5   16822.0   16699.0                       22392.0   22300.0
33....................................                                       8432.5   8392.5   12595.5   12493.0   16822.5   16699.5                       22392.5   22300.5
34....................................                                       8433.0   8393.0   12596.0   12493.5   16823.0   16700.0                       22393.0   22301.0
35....................................                                                         12596.5   12494.0   16823.5   16700.5                       22393.5   22301.5
36....................................                                                         12597.0   12494.5   16824.0   16701.0                       22394.0   22302.0
37....................................                                                         12597.5   12495.0   16824.5   16701.5                       22394.5   22302.5
38....................................                                                         12598.0   12495.5   16825.0   16702.0                       22395.0   22303.0
39....................................                                                         12598.5   12496.0   16825.5   16702.5                       22395.5   22303.5
40....................................                                                         12599.0   12496.5   16826.0   16703.0                       22396.0   22304.0
41....................................                                                         12599.5   12497.0   16826.5   16703.5                       22396.5   22304.5
42....................................                                                         12600.0   12497.5   16827.0   16704.0                       22397.0   22305.0
43....................................                                                         12600.5   12498.0   16827.5   16704.5                       22397.5   22305.5
44....................................                                                         12601.0   12498.5   16828.0   16705.0                       22398.0   22306.0
45....................................                                                         12601.5   12499.0   16828.5   16705.5                       22398.5   22306.5

[[Page 90]]

 
46....................................                                                         12602.0   12499.5   16829.0   16706.0                       22399.0   22307.0
47....................................                                                         12602.5   12500.0   16829.5   16706.5                       22399.5   22307.5
48....................................                                                         12603.0   12500.5   16830.0   16707.0                       22400.0   22308.0
49....................................                                                         12603.5   12501.0   16830.5   16707.5                       22400.5   22308.5
50....................................                                                         12604.0   12501.5   16831.0   16708.0                       22401.0   22309.0
51....................................                                                         12604.5   12502.0   16831.5   16708.5                       22401.5   22309.5
52....................................                                                         12605.0   12502.5   16832.0   16709.0                       22402.0   22310.0
53....................................                                                         12605.5   12503.0   16832.5   16709.5                       22402.5   22310.5
54....................................                                                         12606.0   12503.5   16833.0   16710.0                       22403.0   22311.0
55....................................                                                         12606.5   12504.0   16833.5   16710.5                       22403.5   22311.5
56....................................                                                         12607.0   12504.5   16834.0   16711.0                       22404.0   22312.0
57....................................                                                         12607.5   12505.0   16834.5   16711.5                       22404.5   22312.5
58....................................                                                         12608.0   12505.5   16835.0   16712.0                       22405.0   22313.0
59....................................                                                         12608.5   12506.0   16835.5   16712.5                       22405.5   22313.5
60....................................                                                         12609.0   12506.5   16836.0   16713.0                       22406.0   22314.0
61....................................                                                         12609.5   12507.0   16836.5   16713.5                       22406.5   22314.5
62....................................                                                         12610.0   12507.5   16837.0   16714.0                       22407.0   22315.0
63....................................                                                         12610.5   12508.0   16837.5   16714.5                       22407.5   22315.5
64....................................                                                         12611.0   12508.5   16838.0   16715.0                       22408.0   22316.0
65....................................                                                         12611.5   12509.0   16838.5   16715.5                       22408.5   22316.5
66....................................                                                         12612.0   12509.5   16839.0   16716.0                       22409.0   22317.0
67....................................                                                         12612.5   12510.0   16839.5   16716.5                       22409.5   22317.5
68....................................                                                         12613.0   12510.5   16400.0   16717.0                       22410.0   22318.0
69....................................                                                         12613.5   12511.0   16400.5   16717.5                       22410.5   22318.5
70....................................                                                         12614.0   12511.5   16411.0   16718.0                       22411.0   22319.0
71....................................                                                         12614.5   12512.0   16841.5   16718.5                       22411.5   22319.5
72....................................                                                         12615.0   12512.5   16842.0   16719.0                       22412.0   22320.0
73....................................                                                         12615.5   12513.0   16842.5   16719.5                       22412.5   22320.5
74....................................                                                         12616.0   12513.5   16843.0   16720.0                       22413.0   22321.0
75....................................                                                         12616.5   12514.0   16843.5   16720.5                       22413.5   22321.5
76....................................                                                         12617.0   12514.5   16844.0   16721.0                       22414.0   22322.0
77....................................                                                         12617.5   12515.0   16844.5   16721.5                       22414.5   22322.5
78....................................                                                         12618.0   12515.5   16845.0   16722.0                       22415.0   22323.0
79....................................                                                         12618.5   12516.0   16845.5   16722.5                       22415.5   22323.5
80....................................                                                         12619.0   12516.5   16846.0   16723.0                       22416.0   22324.0
81....................................                                                         12619.5   12517.0   16846.5   16723.5                       22416.5   22324.5
82....................................                                                         12620.0   12517.5   16847.0   16724.0                       22417.0   22325.0
83....................................                                                         12620.5   12518.0   16847.5   16724.5                       22417.5   22325.5
84....................................                                                         12621.0   12518.5   16848.0   16725.0                       22418.0   22326.0
85....................................                                                         12621.5   12519.0   16848.5   16725.5                       22418.5   22326.5
86....................................                                                         12622.0   12519.5   16849.0   16726.0                       22419.0   22327.0
87....................................                                                                             16849.5   16726.5                       22419.5   22327.5
88....................................                                                         12622.5   12520.5   16850.0   16727.0                       22420.0   22328.0
89....................................                                                         12623.0   12521.0   16850.5   16727.5                       22420.5   22328.5
90....................................                                                         12623.5   12521.5   16851.0   16728.0                       22421.0   22329.0

[[Page 91]]

 
91....................................                                                         12624.0   12522.0   16851.5   16728.5                       22421.5   22329.5
92....................................                                                         12624.5   12522.5   16852.0   16729.0                       22422.0   22330.0
93....................................                                                         12625.0   12523.0   16852.5   16729.5                       22422.5   22330.5
94....................................                                                         12625.5   12523.5   16853.0   16730.0                       22423.0   22331.0
95....................................                                                         12626.0   12524.0   16853.5   16730.5                       22423.5   22331.5
96....................................                                                         12626.5   12524.5   16854.0   16731.0                       22424.0   22332.0
97....................................                                                         12627.0   12525.0   16854.5   16731.5                       22424.5   22332.5
98....................................                                                         12627.5   12525.5   16855.0   16732.0                       22425.0   22333.0
99....................................                                                         12628.0   12526.0   16855.5   16732.5                       22425.5   22333.5
100...................................                                                         12628.5   12526.5   16856.0   16733.0                       22426.0   22334.0
101...................................                                                         12629.0   12527.0   16856.5   16733.5                       22426.5   22334.5
102...................................                                                         12629.5   12527.5   16857.0   16739.0
103...................................                                                         12630.0   12528.0   16857.5   16739.5
104...................................                                                         12630.5   12528.5   16858.0   16740.0
105...................................                                                         12631.0   12529.0   16858.5   16740.5
106...................................                                                         12631.5   12529.5   16859.0   16741.0
107...................................                                                         12632.0   12530.0   16859.5   16741.5
108...................................                                                                             16860.0   16742.0
109...................................                                                                             16860.5   16742.5
110...................................                                                                             16861.0   16743.0
111...................................                                                                             16861.5   16743.5
112...................................                                                                             16862.0   16744.0
113...................................                                                                             16862.5   16744.5
114...................................                                                                             16863.0   16745.0
115...................................                                                                             16863.5   16745.5
116...................................                                                                             16864.0   16746.0
117...................................                                                                             16864.5   16746.5
118...................................                                                                             16865.0   16747.0
119...................................                                                                             16865.5   16747.5
120...................................                                                                             16866.0   16748.0
121...................................                                                                             16866.5   16748.5
122...................................                                                                             16867.0   16749.0
123...................................                                                                             16867.5   16749.5
124...................................                                                                             16868.0   16750.0
125...................................                                                                             16868.5   16750.5
126...................................                                                                             16869.0   16751.0
127...................................                                                                             16869.5   16751.5
128...................................                                                                             16870.0   16752.0
129...................................                                                                             16870.5   16752.5
130...................................                                                                             16871.0   16753.0
131...................................                                                                             16871.5   16753.5
132...................................                                                                             16872.0   16754.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 92]]

    (2) Applicants for these frequencies must submit a substantial 
showing of need based on the following factors:
    (i) A schedule of each currently licensed NBDP frequency and the 
expected use of the proposed frequencies;
    (ii) For additional frequencies within the same MHz band, a factual 
showing of the 3 busiest hours of any 4 days within a consecutive 10 day 
period for each of the 2 months immediately preceding the filing of the 
application indicating that the applicant has used its currently 
assigned frequencies within the same MHz band an aggregate average of at 
least 40% of the 3 busiest hours of each day for exchanging 
communications; and
    (iii) Any other facts that support the need for the proposed 
assignment, e.g., evidence of radio interference by another station 
located near enough to render a currently licensed frequency 
substantially unusable.
    (b) Non-paired channels. The following table describes the 
frequencies and Channel Series with F1B or J2B emission which are 
assignable to ship stations for NB-DP and data transmissions with other 
ship stations and public coast stations. Public coast stations may 
receive only on these frequencies.

                                         Non-Paired NBDP Channels (kHz)
Channel series:
1..................................   4202.5   6300.5   8396.5   12560.0   16785.0   18893.0   22352.0   25193.0
2..................................   4203.0   6301.0   8397.0   12560.5   16785.5   18893.5   22352.5   25193.5
3..................................   4203.5   6301.5   8397.5   12561.0   16786.0   18894.0   22353.0   25194.0
4..................................   4204.0   6302.0   8398.0   12561.5   16786.5   18894.5   22353.5   25194.5
5..................................   4204.5   6302.5   8398.5   12562.0   16787.0   18895.0   22354.0   25195.0
6..................................   4205.0   6303.0   8399.0   12562.5   16787.5   18895.5   22354.5   25195.5
7..................................   4205.5   6303.5   8399.5   12563.0   16788.0   18896.0   22355.0   25196.0
8..................................   4206.0   6304.0   8400.0   12563.5   16788.5   18896.5   22355.5   25196.5
9..................................   4206.5   6304.5   8400.5   12564.0   16789.0   18897.0   22356.0   25197.0
10.................................   4207.0   6305.0   8401.0   12564.5   16789.5   18897.5   22356.5   25197.5
11.................................  .......   6305.5   8401.5   12565.0   16790.0   18898.0   22357.0   25198.0
12.................................  .......   6306.0   8402.0   12565.5   16790.5  ........   22357.5   25198.5
13.................................  .......   6306.5   8402.5   12566.0   16791.0  ........   22358.0   25199.0
14.................................  .......   6307.0   8403.0   12566.5   16791.5  ........   22358.5   25199.5
15.................................  .......   6307.5   8403.5   12567.0   16792.0  ........   22359.0   25200.0
16.................................  .......   6308.0   8404.0   12567.5   16792.5  ........   22359.5   25200.5
17.................................  .......   6308.5   8404.5   12568.0   16793.0  ........   22360.0   25201.0
18.................................  .......   6309.0   8405.0   12568.5   16793.5  ........   22360.5   25201.5
19.................................  .......   6309.5   8405.5   12569.0   16794.0  ........   22361.0   25202.0
20.................................  .......   6310.0   8406.0   12569.5   16794.5  ........   22361.5   25202.5
21.................................  .......   6310.5   8406.5   12570.0   16795.0  ........   22362.0   25203.0
22.................................  .......   6311.0   8407.0   12570.5   16795.5  ........   22362.5   25203.5
23.................................  .......   6311.5   8407.5   12571.0   16796.0  ........   22363.0   25204.0
24.................................  .......  .......   8408.0   12571.5   16796.5  ........   22363.5   25204.5
25.................................  .......  .......   8408.5   12572.0   16797.0  ........   22364.0   25205.0
26.................................  .......  .......   8409.0   12572.5   16797.5  ........   22364.5   25205.5
27.................................  .......  .......   8409.5   12573.0   16798.0  ........   22365.0   25206.0
28.................................  .......  .......   8410.0   12573.5   16798.5  ........   22365.5   25206.5
29.................................  .......  .......   8410.5   12574.0   16799.0  ........   22366.0   25207.0
30.................................  .......  .......   8411.0   12574.5   16799.5  ........   22366.5   25207.5
31.................................  .......  .......   8411.5   12575.0   16800.0  ........   22367.0   25208.0
32.................................  .......  .......   8412.0   12575.5   16800.5  ........   22367.5  ........
33.................................  .......  .......   8412.5   12576.0   16801.0  ........   22368.0  ........
34.................................  .......  .......   8413.0   12576.5   16801.5  ........   22368.5  ........
35.................................  .......  .......   8413.5  ........   16802.0  ........   22369.0  ........
36.................................  .......  .......   8414.0  ........   16802.5  ........   22369.5  ........
37.................................  .......  .......  .......  ........   16803.0  ........   22370.0  ........
38.................................  .......  .......  .......  ........   16803.5  ........   22370.5  ........
39.................................  .......  .......  .......  ........   16804.0  ........   22371.0  ........
40.................................  .......  .......  .......  ........  ........  ........   22371.5  ........
41.................................  .......  .......  .......  ........  ........  ........   22372.0  ........
42.................................  .......  .......  .......  ........  ........  ........   22372.5  ........
43.................................  .......  .......  .......  ........  ........  ........   22373.0  ........
44.................................  .......  .......  .......  ........  ........  ........   22373.5  ........
45.................................  .......  .......  .......  ........  ........  ........   22374.0  ........
----------------------------------------------------------------------------------------------------------------


[[Page 93]]

    (c) Distress and calling. The frequencies 2174.5 kHz, 4177.5 kHz, 
6268.0 kHz, 8376.5 kHz, 12520.0 kHz, and 16695.0 kHz may be used for 
NBDP and data transmissions by coast and ship stations on a simplex 
basis for distress and safety purposes.
    (d) The frequencies in the 156-162 MHz band available for assignment 
to public coast stations that are contained in Sec. 80.371(c) of this 
part are also available for radioprinter and data communications between 
ship and coast stations using F1B, F2B, F1D, or F2D emission.

[51 FR 31213, Sept. 2, 1986, as amended at 56 FR 9890, Mar. 8, 1991; 57 
FR 43407, Sept. 21, 1992; 58 FR 16504, Mar. 29, 1993]



Sec. 80.363  Frequencies for facsimile.

    (a) The non-paired frequencies with F1C, F3C, J2C or J3C emission 
which are assignable to ship and public coast stations for facsimile are 
as follows:
    (1) Ship station frequencies. The following frequencies are 
available for use by authorized ship stations for facsimile.

                                 Assignable Ship Frequencies For Facsimile (kHz)
2070.5.....     4154.5       6235.5       8302.5      12370.5      16551.5      18847.5     22181.5     25123.5
2072.5.....     4169.5       6259.5       8338.5      12418.5      16614.5      18868.5     22238.5     25159.5
2074.5.....  ...........  ...........  ...........  ...........  ...........  ..........  ..........  ..........
2076.5.....  ...........  ...........  ...........  ...........  ...........  ..........  ..........  ..........
----------------------------------------------------------------------------------------------------------------

    (2) Coast station frequencies. The following table describes the 
exclusive maritime mobile HF frequency bands that are available for 
assignment to coast stations using 3 kHz channels for facsimile. 
However, any frequency in the 2000-27500 kHz bands listed in Part 2 of 
the Commission's Rules as available for shared use by the maritime 
mobile service and other radio services, except for the 4000-4063 kHz 
and the 8100-8195 kHz bands, is available for assignment to coast 
stations for facsimile. Frequency assignments are subject to 
coordination with government users.

                Frequency Bands for Coast Facsimile (kHz)
4221.0- 4351.0.....................          16904.5-17242.0
6332.5- 6501.0.....................          19705.0-19755.0
8438.0- 8707.0.....................          22445.5-22696.0
12658.5-13077.0....................          26122.5-26145.0
------------------------------------------------------------------------

    (b) The frequencies in the 156-162 MHz band available for assignment 
to public coast stations that are contained in Sec. 80.371(c) of this 
part are also available for facsimile communications between ship and 
coast stations using F2C or F3C emission.
    (c) The frequency 156.425 MHz is assigned by rule to private coast 
stations and ship stations in Alaska for ship-to-shore and ship-to-ship 
facsimile transmissions using F2C or F3C emissions.

[51 FR 31213, Sept. 2, 1986, as amended at 54 FR 40059, Sept. 29, 1989; 
56 FR 9893, Mar. 8, 1991; 57 FR 43407, Sept. 21, 1992; 62 FR 40307, July 
28, 1997]

                             Radiotelephony



Sec. 80.365  Scope.

    The following sections describe the carrier frequencies and general 
conditions of use for the following types of radiotelephony:

    --Distress, urgency, safety, call and reply.
    --Working.
    --Public.
    --Private.



Sec. 80.367  General uses--radiotelephony.

    (a) Ship stations communicating with foreign coast stations may 
operate on any frequency designated by that coast station.
    (b) Radiotelephony stations communicating with a Government station 
may transmit on a Government frequency when authorized to do so by the 
Government station or agency if the emission, bandwidth and frequency 
tolerance of the maritime station are within the same limits as the 
Government station.

[[Page 94]]

    (c) Frequencies assigned to Government radio stations are assignable 
to non-Government maritime stations for radiotelephony communications 
with other non-Government stations in connection with activities 
performed in coordination with or on behalf of the Government.
    (d) Frequencies in the 2000-27500 kHz band will be authorized only 
to ship stations that in addition are authorized to use frequencies in 
the 156-162 MHz band.
    (e) Frequencies in the 2000-2850 kHz band will be authorized to 
private coast stations that in addition are authorized to use 
frequencies in the 156-162 MHz band.
    (f) Ship and coast stations authorized to use frequencies in both 
the 2000-27500 kHz and 156-162 MHz bands must not use frequencies in the 
2000-27500 kHz band for communications with any other station which is 
within the VHF service range.
    (g) Coast and ship station radiotelephone working frequencies are 
available for DSC general purpose calling under the provisions of 
Sec. 80.207(a).
    (h) Digital selective calling techniques are not authorized on the 
frequencies 2182 kHz or 156.800 MHz.



Sec. 80.369  Distress, urgency, safety, call and reply frequencies.

    This section describes the general uses and frequencies assignable 
to maritime stations for distress, urgency, safety, call and reply 
radiotelephony communications.
    (a) In the 1605-3500 kHz band, the frequency 2182 is an 
international radiotelephony distress, urgency and safety frequency for 
ship stations, public and private coast stations, and survival craft 
stations. It is also used for call and reply by ship stations on a 
primary basis and by public coast stations on a secondary basis. The 
carrier frequency 2191 kHz may be used as a supplementary calling 
frequency in areas of heavy usage of 2182 kHz. All stations must use J3E 
emission when operating on 2182 and 2191 kHz, except that:
    (1) H3E emission may be used on 2182 kHz for communications with 
foreign coast and ship stations; or,
    (2) A3E emission may be used on 2182 kHz by portable survival craft 
stations, or transmitters authorized for use prior to January 1, 1972. 
See Sec. 80.203(c).
    (b) The frequencies 4125.0 kHz, 6215 kHz, 8291 kHz, 12290 kHz, and 
16420 kHz may be used by coast and ship stations on a simplex basis for 
distress and safety communications. The frequency 4125.0 kHz may also be 
used for distress and safety communications between aircraft and 
maritime mobile stations.
    (c) The frequency 5167.5 kHz is available to any station for 
emergency communications in the State of Alaska. Peak envelope power of 
stations operating on this frequency must not exceed 150 watts. This 
frequency may also be used by Alaska private fixed stations for calling 
and listening, but only for establishing communication.
    (d) In the 4000-27500 kHz band, the following coast frequencies are 
available for assignment to public coast stations for call and reply 
communications. The paired ship frequencies are available for use by 
authorized ship stations.

          Call and Reply Frequency Pairs in the 4000-27500 kHz
------------------------------------------------------------------------
                        Carrier Frequencies (kHz)
-------------------------------------------------------------------------
                                                    Ship        Coast
                  Channel No.                     transmit     transmit
------------------------------------------------------------------------
421...........................................   1,2,3 4125     \1\ 4417
606...........................................     2,3 6215     \1\ 6516
821...........................................         8255         8779
1221..........................................    \3\ 12290        13137
1621..........................................    \3\ 16420        17302
1806..........................................        18795        19770
2221..........................................        22060        22756
2510..........................................        25097       26172
------------------------------------------------------------------------
\1\ The frequencies 4125 kHz, 4417 kHz, and 6516 kHz are also available
  on a simplex basis for private communications, see Sec.  80.373(c) of
  this part.
\2\ The frequencies of 4125 kHz and 6215 kHz are also available on a
  simplex basis to ship and coast stations for call and reply, provided
  that the peak envelope power does not exceed 1 kW.
\3\ The frequencies 4125 kHz, 6215 kHz, 8291 kHz, 12290 kHz, and 16420
  kHz are also available on a simplex basis for distress and safety
  traffic, see paragraph (b) of this section.

    (e) In the 120-156 MHz band the following frequencies are used as 
indicated:
    (1) The frequencies 121.500 MHz and 123.100 MHz using A3E emission 
are available for scene of action search and rescue operations to ship, 
coast and aircraft stations. Communications in support of search and 
rescue operations must employ the frequency 121.500 MHz only when 
communications on 123.100 MHz or other VHF frequencies is not 
practicable. Ship, coast and aircraft

[[Page 95]]

stations engaged in such communications on 121.500 MHz must shift to 
123.100 MHz as soon as possible.
    (2) The frequency 156.525 MHz is available for intership, ship and 
coast general purpose, distress and safety DSC calls.
    (3) The frequency 156.800 MHz is the international radiotelephone 
distress, urgency, safety, call and reply frequency for ship, public and 
private coast stations. Stations operating on 156.800 MHz must be able 
to transmit and receive using G3E emission.
    (4) The frequency 156.450 MHz (channel 9) is available for 
intership, ship and coast station general purpose calling by 
noncommercial vessels, such as recreational boats. Distress, urgency and 
safety calls should initially be made on 156.800 MHz (channel 16) or, if 
equipped with DSC, on 156.525 MHz (channel 70).

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 35245, Sept. 18, 1987; 
54 FR 49995, Dec. 4, 1989; 56 FR 9893, Mar. 8, 1991; 57 FR 19552, May 7, 
1992]



Sec. 80.371  Public correspondence frequencies.

    This section describes the radiotelephony working frequencies 
assignable to ship and public coast stations.
    (a) Working frequencies in the 2000-4000 kHz band. The following 
table describes the working carrier frequency pairs in the 2000-4000 kHz 
band.

------------------------------------------------------------------------
            Working frequency pairs in the 2000-4000 kHz band
-------------------------------------------------------------------------
                                            Carrier frequency (kHz)
               Region                -----------------------------------
                                        Ship transmit    Coast transmit
------------------------------------------------------------------------
East Coast:.........................            2031.5            2490.0
                                                2118.0        \1\ 2514.0
                                                2126.0            2522.0
                                                2142.0            2538.0
                                                2166.0            2558.0
                                                2198.0            2590.0
                                                2366.0            2450.0
                                                2382.0            2482.0
                                                2390.0            2566.0
                                                2400.0            2400.0
                                                2406.0            2442.0
                                                2406.0            2506.0
West Coat:..........................            2003.0            2450.0
                                                2009.0            2442.0
                                                2009.0            2566.0
                                                2031.5            2566.0
                                                2126.0            2522.0
                                                2206.0            2598.0
                                                2382.0            2466.0
                                                2406.0            2506.0
                                                2430.0            2482.0
Gulf Coast:.........................            2009.0            2466.0
                                                2134.0            2530.0
                                                2142.0            2538.0
                                            \1\ 2158.0        \1\ 2550.0
                                                2166.0            2558.0
                                                2206.0            2598.0
                                                2366.0            2450.0
                                                2382.0            2482.0
                                                2430.0            2572.0
                                                2458.0            2506.0
Great Lakes \2\:....................            2118.0            2514.0
                                                2158.0            2550.0
                                                2206.0            2582.0
Alaska:.............................            2131.0            2309.0
                                                2134.0            2312.0
                                                2237.0            2397.0
                                                2240.0            2400.0
Hawaii..............................            2134.0            2530.0
Caribbean:..........................            2009.0            2506.0
                                            \3\ 2086.0            2585.0
                                                2134.0            2530.0
Guam................................            2009.0            2506.0
------------------------------------------------------------------------
\1\ Unlimited hours of use from December 15 to April 1 and day only from
  April 1 to December 15. Harmful interference must not be caused to any
  ship station in the Great Lakes region.
\2\ In the Great Lakes region 2206 kHz is not available for transmission
  to U.S. ships except in the case of distress. U.S. coast stations in
  the Great Lakes area may use 2514, 2550 and 2582 kHz on a shared basis
  with coast stations of Canada. Except in the case of distress, the
  frequency 2550 kHz must not be used for transmission to ship stations
  of Canada since the associated ship station transmit frequency 2158
  kHz is not available to Canadian ship stations for transmission and
  2582 kHz must not be used for public correspondence transmissions to
  U.S. ship stations since the associated ship transmit frequency 2206
  kHz is not available to U.S. ship stations for transmissions except in
  the case of distress.
\3\ Limited to a peak envelope power of 150 watts.

    (b) Working frequencies in the 4000-25700 kHz band. This paragraph 
describes the working carrier frequencies in the 4000-27500 kHz band.
    (1) The following table specifies the carrier frequencies available 
for assignment to public coast stations. The paired ship frequencies are 
available for use by authorized ship stations.

            Table A--Public Correspondence (Duplex Channels)
      [Working carrier frequency pairs in the 4000-27500 kHz band]
------------------------------------------------------------------------
                                                            Carrier
                                                       frequencies (kHz)
                  Region                     Channel -------------------
                                               No.      Ship      Coast
                                                      transmit  transmit
------------------------------------------------------------------------
East Coast................................       403    4071.0    4363.0
                                                 410    4092.0    4384.0
                                                 411    4095.0    4387.0
                                                 412    4098.0    4390.0
                                                 416    4110.0    4402.0
                                                 417    4113.0    4405.0
                                                 422    4128.0    4420.0
                                                 423    4131.0    4423.0
                                                 802    8198.0    8722.0
                                                 805    8207.0    8731.0

[[Page 96]]

 
                                                 808    8216.0    8740.0
                                                 810    8222.0    8746.0
                                                 811    8225.0    8749.0
                                                 814    8234.0    8758.0
                                                 815    8237.0    8761.0
                                                 825    8267.0    8791.0
                                                 826    8270.0    8794.0
                                                 831    8285.0    8809.0
                                                1203   12236.0   13083.0
                                                1206   12245.0   13092.0
                                                1208   12251.0   13098.0
                                                1209   12254.0   13101.0
                                                1210   12257.0   13104.0
                                                1211   12260.0   13107.0
                                                1215   12272.0   13119.0
                                                1222   12293.0   13140.0
                                                1223   12296.0   13143.0
                                                1228   12311.0   13158.0
                                                1230   12317.0   13164.0
                                                1601   16360.0   17242.0
                                                1605   16372.0   17254.0
                                                1609   16384.0   17266.0
                                                1610   16387.0   17269.0
                                                1611   16390.0   17272.0
                                                1616   16405.0   17287.0
                                                1620   16417.0   17299.0
                                                1626   16435.0   17317.0
                                                1631   16450.0   17332.0
                                                2201   22000.0   22696.0
                                                2205   22012.0   22708.0
                                                2210   22027.0   22723.0
                                                2215   22042.0   22738.0
                                                2216   22045.0   22741.0
                                                2222   22063.0   22759.0
                                                2236   22105.0   22801.0
West Coast................................       401    4065.0    4357.0
                                                 416    4110.0    4402.0
                                                 417    4113.0    4405.0
                                                 804    8204.0    8728.0
                                                 809    8219.0    8743.0
                                                 814    8234.0    8758.0
                                                1201   12230.0   13077.0
                                                1202   12233.0   13080.0
                                                1203   12236.0   13083.0
                                                1229   12314.0   13161.0
                                                1230   12317.0   13164.0
                                                1602   16363.0   17245.0
                                                1603   16366.0   17248.0
                                                1624   16429.0   17311.0
                                                2214   22039.0   22735.0
                                                2223   22066.0   22762.0
                                                2228   22081.0   22777.0
                                                2236   22105.0   22801.0
Gulf Coast................................       404    4074.0    4366.0
                                                 405    4077.0    4369.0
                                                 414    4104.0    4396.0
                                                 419    4119.0    4411.0
                                                 824    8264.0    8788.0
                                                 829    8279.0    8803.0
                                                 830    8282.0    8806.0
                                                1212   12263.0   13110.0
                                                1225   12302.0   13149.0
                                                1226   12305.0   13152.0
                                                1607   16378.0   17260.0
                                                1632   16453.0   17335.0
                                                1641   16480.0   17362.0
                                                2227   22078.0   22774.0
                                                2231   22090.0   22786.0
                                                2237   22108.0   22804.0
Great Lakes...............................       405    4077.0    4369.0
                                                 409    4089.0    4381.0
                                                 418    4116.0    4408.0
                                                 826    8270.0    8794.0
Hawaii....................................       418    4116.0    4408.0
                                                 808    8216.0    8740.0
                                                1222   12293.0   13140.0
                                                1601   16360.0   17242.0
Caribbean.................................       604    6209.0    6510.0
                                                 605    6212.0    6513.0
                                                1602   16363.0   17245.0
                                                1603   16366.0   17248.0
                                                2223   22066.0   22762.0
------------------------------------------------------------------------

    (2) The following table specifies the additional carrier frequencies 
available for assignment to public coast stations for public 
correspondence. The paired ship frequencies are available for use by 
authorized ship stations. The specific frequency assignment available to 
public coast stations for a particular geographic area is indicated by 
an ``x'' under the appropriate column. Table B is based on the initial 
Appendix 25 Allotment Arrangement published by the International 
Frequency Registration Board (IFRB) (see IFRB Circular-letter No. 836, 
dated September 28, 1990). The allotment areas are in accordance with 
the ``Standard Defined Areas'' as identified in the Appendix 25 Planning 
System and indicated in the Preface to the International Frequency List 
(IFL) (see IFRB Circular-letter No. 843, dated October 31, 1990).

                           Table B--Public Correspondence (Additional Duplex Channels)
                           [Working carrier frequency pairs in th 4000-27500 kHz band]
----------------------------------------------------------------------------------------------------------------
                                 Ship      Coast
           Channel             transmit  transmit  USA-E  USA-W  USA-S  USA-C   VIR    HWA    ALS    PTR    GUM
----------------------------------------------------------------------------------------------------------------
                                            Carrier frequencies (kHz)
 
427..........................    4143.0    4435.0  x      x      x      x      x      x      x      --     x

[[Page 97]]

 
428..........................    4060.0    4351.0  x      x      x      x      x      x      x      x      x
607..........................    6218.0    6519.0  x      x      x      x      x      x      x      x      x
836..........................    8113.0    8713.0  x      x      x      x      x      x      x      x      x
837..........................    8128.0    8716.0  x      x      x      x      x      x      x      x      x
1233.........................   12326.0   13173.0  x      x      x      x      x      x      x      x      x
1234.........................   12329.0   13176.0  --     x      x      --     --     x      x      --     x
1235.........................   12332.0   13179.0  x      x      x      x      x      x      x      x      x
1236.........................   12335.0   13182.0  --     x      x      --     --     x      --     --     --
1237.........................   12338.0   13185.0  x      --     x      x      x      --     --     x      --
1642.........................   16483.0   17365.0  x      x      x      x      x      x      x      x      x
1643.........................   16486.0   17368.0  x      x      x      x      x      x      x      x      x
1644.........................   16489.0   17371.0  x      x      x      x      --     x      x      --     x
1645.........................   16492.0   17374.0  x      x      x      x      x      x      x      x      x
1646.........................   16495.0   17377.0  --     x      --     --     --     --     --     --     --
1647.........................   16498.0   17380.0  x      x      x      x      --     x      x      --     x
1648.........................   16501.0   17383.0  --     x      --     x      x      x      x      x      x
1801.........................   18780.0   19755.0  x      x      x      x      x      x      x      x      x
1802.........................   18783.0   19758.0  x      --     x      x      x      --     --     x      --
1803.........................   18786.0   19761.0  x      x      --     x      x      x      x      x      x
1804.........................   18789.0   19764.0  --     x      x      --     --     x      x      --     --
1805.........................   18792.0   19767.0  --     x      --     --     --     x      x      --     --
1807.........................   18798.0   19773.0  x      x      x      x      x      x      x      x      x
1808.........................   18801.0   19776.0  x      x      x      x      x      x      x      x      x
2241.........................   22120.0   22816.0  x      x      x      x      x      x      x      x      x
2242.........................   22123.0   22819.0  x      x      x      x      x      x      x      x      x
2243.........................   22126.0   22822.0  x      x      x      x      x      x      x      x      --
2244.........................   22129.0   22825.0  --     x      --     --     --     x      x      --     --
2245.........................   22132.0   22828.0  --     x      x      --     --     x      x      --     --
2246.........................   22135.0   22831.0  x      x      x      x      --     x      x      --     x
2247.........................   22138.0   22834.0  x      x      x      x      x      x      x      --     x
2501.........................   25070.0   26145.0  x      x      x      x      --     x      x      --     x
2502.........................   25073.0   26148.0  x      x      x      x      x      x      x      x      --
2503.........................   25076.0   26151.0  x      x      x      x      x      x      x      --     --
2504.........................   25079.0   26154.0  x      x      x      x      x      x      x      x      x
----------------------------------------------------------------------------------------------------------------

    (3) The following table specifies the non-paired carrier frequencies 
that are available for assignment to public coast stations for simplex 
operations subject to the provision of paragraph (b)(4) of this section. 
These frequencies are available for use by authorized ship stations for 
transmissions to coast stations (simplex operations). Assignments on 
these frequencies must accept interference. They are shared with 
government users and are considered ``common use'' frequencies under the 
international Radio Regulations. They cannot be notified for inclusion 
in the Master International Frequency Register, which provides stations 
with interference protection, but may be listed in the international 
List of Coast Stations. (See Radio Regulation No. 1220 and 
Recommendation 304.)

                     Public Correspondence (Simplex)
  [Non-paired radiotelephony frequencies in the 4000-27500 kHz Band \1\
                       Carrier Frequencies (kHz)]
16537............         18825              22174             25100
16540............         18828              22177             25103
                          18831       ................         25106
                          18834       ................         25109
                          18837       ................         25112
------------------------------------------------------------------------
\1\ Coast stations limited to a maximum transmitter power of 1 kW (PEP).

    (4) Applicants for these public coast frequencies specified in this 
section must submit a substantial showing of need based on the following 
factors:
    (i) A schedule of each currently licensed working frequency in the 
4000-27500 kHz band and the expected use of the proposed frequencies;
    (ii) For additional frequencies within the same MHz band, a factual 
showing of the 3 busiest hours of any 4 days within a consecutive 10 day 
period for each of the 2 months immediately preceding the filing of the 
application indicating that the applicant has used its

[[Page 98]]

currently assigned frequencies within the same MHz band an aggregate 
average of at least 40% of the 3 busiest hours of each day for 
exchanging communications;
    (iii) Any other facts that support the need for the proposed 
assignment, e.g., evidence of radio interference by another station 
located near enough to render a currently licensed frequency 
substantially unusable; and
    (iv) For simplex frequencies listed in paragraph (b)(3) of this 
section, an additional showing supporting the use of simplex rather than 
duplex frequencies for the proposed situation.
    (c) Working frequencies in the marine VHF 156-162 MHz band. (1)(i) 
The frequency pairs listed in the table in paragraph (c)(1)(ii) are 
available for assignment to public coast stations for public 
correspondence communications with ship stations and units on land.

------------------------------------------------------------------------
      Working Carrier Frequency Pairs in the 156-162 MHz Band 1, 4
-------------------------------------------------------------------------
                                                 Carrier frequency (MHz)
                                               -------------------------
              Channel designator                    Ship        Coast
                                                  transmit     transmit
------------------------------------------------------------------------
24............................................      157.200      161.800
84............................................      157.225      161.825
25............................................      157.250      161.850
85\2\.........................................      157.275      161.875
26............................................      157.300      161.900
86............................................      157.325      161.925
27............................................      157.350      161.950
87............................................      157.375      161.975
28............................................      157.400      162.000
88\3\.........................................      157.425      162.025
------------------------------------------------------------------------
\1\ For special assignment of frequencies in this band in certain areas
  of Washington State, the Great Lakes and the east coast of the United
  States pursuant to arrangements between the United States and Canada,
  see subpart B of this part.
\2\ The frequency pair 157.275/161.875 MHz is available for assignment
  on a primary basis to ship and public coast stations. In Alaska it is
  also available on a secondary basis to private mobile repeater
  stations.
\3\  Within 120 km (75 miles) of the United States/Canada border, in the
  area of the Puget Sound and the Strait of Juan de Fuca and its
  approaches, the frequency 157.925 MHz is available for use by ship
  stations for public correspondence communications only. One hundred
  twenty kilometers (75 miles) from the United States/Canada border
  157.425 MHz is available for intership and commercial communications.
  Outside the Puget Sound area and its approaches and the Great Lakes,
  157.425 MHz is available for communications between commercial fishing
  vessels and associated aircraft while engaged in commercial fishing
  activities.
\4\ Except for the frequency pair 157.425/162.025 MHz, these frequencies
  may be shared with stations in the private land mobile radio service,
  within the 48 contiguous states, under the terms of operation
  described in Sec.  90.283 of this chapter.

    (ii) Service areas in the marine VHF 156-162 MHz band are VHF Public 
Coast Station Areas (VPCSAs). As listed in the table in this paragraph, 
VPCSAs are based on, and composed of one or more of, the U.S Department 
of Commerce's 172 Economic Areas (EAs). See 60 FR 13114 (March 10, 
1995). In addition, the Commission shall treat Guam and the Northern 
Mariana Islands, Puerto Rico and the United States Virgin Islands, 
American Samoa, and the Gulf of Mexico as EA-like areas, and has 
assigned them EA numbers 173-176, respectively. Maps of the EAs and 
VPCSAs are available for public inspection and copying at the Public 
Safety and Private Wireless Division, room 8010, 2025 M Street, NW, 
Washington, DC. Except as shown in the table, the frequency pairs listed 
in paragraph (c)(1)(i) of this section are available for assignment to a 
single licensee in each of the VPCSAs listed in the table in this 
paragraph. In addition to the listed EAs listed in the table in this 
paragraph, each VPCSA also includes the adjacent waters under the 
jurisdiction of the United States.

------------------------------------------------------------------------
                 VHF Public coast station areas (VPCSAs)
-------------------------------------------------------------------------
                                                        Frequency pairs
            VPCSAs                       EAs           not available for
                                                           assignment
------------------------------------------------------------------------
1 (Northern Atlantic).........  1-5, 10..............  .................
2 (Mid-Atlantic)..............  9, 11-23, 25, 42, 46.  .................
3 (Southern Atlantic).........  24, 26-34, 37, 38,     .................
                                 40, 41, 174.
4 (Mississippi River).........  34, 36, 39, 43-45, 47- .................
                                 53, 67-107, 113, 116-
                                 120, 122-125, 127,
                                 130-134, 176.
5 (Great Lakes)...............  6-8, 54-66, 108, 109.  .................
6 (Southern Pacific)..........  160-165..............  .................
7 (Northern Pacific)..........  147, 166-170.........  .................
8 (Hawaii)....................  172, 173, 175........  .................
9 (Alaska)....................  171..................  .................
10 (Grand Forks)..............  110..................  84, 25.
11 (Minot)....................  111..................  84, 25.
12 (Bismarck).................  112..................  84, 25.
13 (Aberdeen).................  114..................  84, 25.
14 (Rapid City)...............  115..................  84, 25.

[[Page 99]]

 
15 (North Platte).............  121..................  84, 25.
16 (Western Oklahoma).........  126..................  25, 85.
17 (Abilene)..................  128..................  25, 85.
18 (San Angelo)...............  129..................  25, 85.
19 (Odessa-Midland)...........  135..................  25, 85.
20 (Hobbs)....................  136..................  25, 85.
21 (Lubbock)..................  137..................  25, 85.
22 (Amarillo).................  138..................  25, 85.
23 (Santa Fe).................  139..................  84, 25.
24 (Pueblo)...................  140..................  84, 25.
25 (Denver-Boulder-Greeley)...  141..................  84, 25.
26 (Scottsbluff)..............  142..................  84, 25.
27 (Casper)...................  143..................  84, 25.
28 (Billings).................  144..................  84, 25.
29 (Great Falls)..............  145..................  84, 25.
30 (Missoula).................  146..................  84, 25.
31 (Idaho Falls)..............  148..................  25, 85.
32 (Twin Falls)...............  149..................  25, 85.
33 (Boise City)...............  150..................  84, 25.
34 (Reno).....................  151..................  84, 25.
35 (Salt Lake City-Ogden).....  152..................  25, 85.
36 (Las Vegas)................  153..................  84, 25.
37 (Flagstaff)................  154..................  84, 25.
38 (Farmington)...............  155..................  84, 25.
39 (Albuquerque)..............  156..................  84, 25.
40 (El Paso)..................  157..................  25, 85.
41 (Phoenix-Mesa).............  158..................  84, 25.
42 (Tucson)...................  159..................  84, 25.
------------------------------------------------------------------------

    (iii) Subject to paragraph (c)(3) of this section, each licensee may 
also operate on 12.5 kHz offset frequencies in areas where the licensee 
is authorized on both frequencies adjacent to the offset frequency, and 
in areas where the licensee on the other side of the offset frequency 
consents to the licensee's use of the adjacent offset frequency.
    (2) Any recovered channel pairs will revert automatically to the 
holder of the VPCSA license within which such channels are included, 
except the channel pairs listed in the table in paragraph (c)(1)(ii) of 
this section. Those channel pairs, and any channel pairs recovered where 
there is no VPCSA licensee, will be retained by the Commission for 
future licensing.
    (3) VPCSA licensees may not operate on Channel 228B (162.0125 MHz), 
which is available for use in the Coast Guard's Ports and Waterways 
Safety System (PAWSS)). In addition, within six months of the conclusion 
of the competitive bidding procedures to determine the licensees in each 
VPCSA, the U.S. Coast Guard shall submit to each licensee of VPCSAs 1-9 
a plan specifying up to two narrowband channel pairs offset 12.5 kHz 
from the channels set forth in the table in paragraph (c)(1)(i) of this 
section, for use in the PAWSS. The final selection of the PAWSS channel 
pairs can be negotiated (if the VPCSA licensee objects to the Coast 
Guard proposal, it shall make a counterproposal within three months) and 
established by an agreement between the parties. All parties are 
required to negotiate in good faith. If no agreement is reached within 
one year of the date the Coast Guard submitted its plan, the Coast Guard 
may petition the Commission to select the channel pairs.
    (4) Subject to the requirements of Sec. 80.21, each VPCSA licensee 
may place stations anywhere within its region without obtaining prior 
Commission approval provided:
    (i) It provides to co-channel coast station incumbent licensees, and 
incumbent Private Land Mobile Radio licensees authorized under part 90 
of this chapter on a primary basis, protection as defined in subpart P 
of this part. VPCSA licensees that share a common

[[Page 100]]

border may either distribute the available frequencies upon mutual 
agreement or request that the Commission assign frequencies along the 
common border.
    (ii) The locations and/or technical parameters of the 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.
    (iii) 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, Attn: Information Processing Branch, 1270 Fairfield Rd., 
Gettysburg, PA 17325-7245.
    (iv) The transmitters must not have a significant environmental 
effect as defined by Secs. 1.1301 through 1.1319 of this chapter.
    (d) Working frequencies in the Mississippi River System. The 
Mississippi River System includes the Mississippi River and connecting 
navigable waters other than the Great Lakes. The following simplex 
frequencies are available for assignment to public coast stations 
serving the Mississippi River System for radiotelephony communications. 
These simplex frequencies also are available for use by authorized ship 
stations within communication service range, whether or not the ship is 
operating within the confines of the Mississippi River System.

 Mississippi River System Working Frequencies; Carrier Frequencies (kHz)
2086 \1\...      4065        6209         8201       12362       16543
2782.......      4089        6212         8213       12365       16546
                 4116        6510         8725    ..........  ..........
                 4408        6513         8737    ..........  ..........
------------------------------------------------------------------------
\1\ Limited to a maximum transmitter output of 150 watts (PEP).

    (e) Canada/U.S.A. channeling arrangement frequencies. The VHF 
frequencies assignable to ship and coast stations in the State of 
washington and their usage limitations purusant to the Canada/U.S.A. 
channeling arrangement are described in subpart B of this part.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 35245, Sept. 18, 1987; 
52 FR 48439, Dec. 22, 1987; 56 FR 9894, Mar. 8, 1991; 57 FR 26779, June 
16, 1992; 58 FR 44953, Aug. 25, 1993; 60 FR 35510, July 10, 1995; 62 FR 
40307, July 28, 1997; 63 FR 40065, July 27, 1998]



Sec. 80.373  Private communications frequencies.

    This section describes the carrier frequencies assignable for ship-
to-ship and ship-to-coast private communications.
    (a) Special requirements for private coast stations. Assignment to 
private coast stations of radiotelephony frequencies in the 2000-27500 
kHz band are subject to the following:
    (1) Private coast stations must see J3E emission.
    (2) On 2182 kHz, private coast stations must be capable of receiving 
J3E and H3E emissions.
    (3) Except in the Mississippi River System and Great Lakes, private 
coast stations serving lakes or rivers are not authorized on the 2000-
2850 kHz band.
    (4) Private coast stations may use DSC for calling on their assigned 
frequencies in the 2000-27500 kHz band and on those frequencies in the 
156-162 MHz band which are allocated for maritime control, commercial 
and non-commercial communications.
    (b) Frequencies in the 2000-27500 kHz band for intership safety and 
other communications. This paragraph describes the geographic areas of 
operation and the frequencies and liminations in the band available for 
assignment for intership safety and operational simplex radiotelephone 
communications.
    (1) Frequencies avaiable.

------------------------------------------------------------------------
          Carrier frequency (kHz)                  Geographic area
------------------------------------------------------------------------
2003.0....................................  Great Lakes only.
2082.5 \1\, \2\...........................  All areas.
2093.0 \1\................................  All areas.
2142.0....................................  Pacific coast areas south of
                                             42 degrees north on a day
                                             basis only.
2203.0 0, \2\.............................  Gulf of Mexico.
2214.0 \1\................................  All areas.
2638.0 \1\................................  All areas.
2670.0....................................  All areas.
2738.0 \1\................................  All areas except the Great
                                             Lakes.
2830.0....................................  Gulf of Mexico only.
------------------------------------------------------------------------
\1\ Limited to a peak envelope power of 150 watts.
\2\ Available on a secondary basis for intership communications by ships
  involved in non-commercial fishing.


[[Page 101]]

    (2) Except for 2093.0 kHz and 2214.0 kHz the frequencies shown in 
paragraph (b)(1) of this section are authorized primarily for intership 
safety communications in the indicated geographic area.
    (3) Except for the frequencies 2093.0 kHz, 2214.0 Khz and 2670.0 kHz 
the frequencies shown in paragraph (b)(1) of this section may be used on 
a non-interference basis to safety communications, for operational 
communications and in the case of commercial transport ships and ships 
of municipal and state governments, for business communications.
    (4) Ship stations may communicate with government coast stations on 
2003.0 kHz about passage of vessels. Interference must not be caused to 
communications on the St. Lawrence Seaway and on the St. Mary's River.
    (5) Ship stations may use 2670.0 kHz for communications with coast 
and ship stations of the U.S. Coast Guard. When a ship is not equipped 
to transmit on 2670.0 kHz or in the band 156-162 MHz the frequency 
2003.0 kHz may be used on the Great Lakes for communications must not 
cause harmful interference to intership safety, operational and business 
communications.
    (6) Navigational communications between ships and private coast 
stations may be exchanged on 2738.0 kHz and 2830.0 kHz. The frequencies 
2214.0 kHz2738.0 kHz and 2830.0 kHz are assignable to private coast 
stations upon a showing that they need to communicate with commercial 
transport or Government ships. Private coast station applicants must 
show that public coast stations do not provide the required 
communications and harmful interference will not be caused to the 
intership use of these frequencies. The transmitter power must not 
exceed 150 watts. If 2214.0 kHz is authorized for ships, intership 
communication is also authorized. The geographic limitations to the 
frequencies 2738.0 KHz and 2830.0 Khz do not prohibit intership 
communication of less than 320 km (200 statute miles) when only one of 
the ship stations is within a permitted use geographic area.
    (7) Private aircraft stations may communicate with ship stations on 
2738.0 kHz and 2830.0 kHz if:
    (i) The communications are limited to business or operational needs 
of the vessel while it is engaged in commercial fishing activities in 
the open sea or adjacent waters;
    (ii) Harmful interference must not be caused to intership 
communications;
    (iii) The maximum output power used for such communication must not 
exceed 25 watts;
    (c) Frequencies in the 2000-27500 kHz bands for business and 
operational communications. (1) The following simplex frequencies in the 
2000-27500 kHz band are available for assignment to private coast 
stations for business and operational radiotelephone communications. 
These simplex frequencies also are available for use by authorized ship 
stations for business and operational radiotelephone communications.

           Business and Operational Frequencies in the 2000-27500 kHz Band; Carrier Frequencies (kHz)
2065.0 1,3......................................    4146    6224    8294   12353   16528   18840   22159   25115
2079.0 1,3......................................    4149    6227    8297   12356   16531   18843   22162   25118
2096.5 1........................................  4125 2    6230  ......   12359   16534  ......   22165  ......
3023.0 4........................................  4417 5    6516  ......  ......  ......  ......   22168  ......
                                                  5680 4  ......  ......  ......  ......  ......   22171  ......
----------------------------------------------------------------------------------------------------------------
1 Limited to peak envelope power of 150 watts.
2 The frequency 4125 kHz is also available for distress and safety, and calling and reply, see Sec.  80.369 (b)
  and (d) of this part.
3 The frequencies 2065.0 kHz and 2079.0 kHz must be coordinated with Canada.
4 The frequencies 3023.0 kHz and 5680.0 kHz are available to private coast stations licensed to state and local
  governments and any scene-of-action ships for the purpose of search and rescue scene-of-action coordination
  including communications with any scene-of-action aircraft.
5 The frequency 6516 kHz is limited to daytime operations. The frequencies 4417 kHz and 6516 kHz are also
  available for calling and reply, see Sec.  80.369(d) of this part.

    (2) Assignment of these frequencies is subject to the following 
general limitations:
    (i) These frequencies are shared and are not available for the 
exclusive use of any station. No more than one frequency from each of 
the frequency bands will be authorized to a private station without 
justification;

[[Page 102]]

    (ii) The emissions must be J3E except that when DSC is used the 
emission must be F1B or J2B; and
    (iii) Maximum transmitter output power is limited to 1 kW except as 
noted.
    (d) Radioprinter frequencies. (1) The following table describes the 
bands available for radioprinter simplex communications between ship and 
private coast stations:

                          Frequency bands (kHz)
------------------------------------------------------------------------
2107-2170..........................                4750-4850
2194-2495..........................                5060-5450
2505-2850..........................                5730-5950
3155-3400..........................                7300-8100
4438-4650..........................  ...................................
------------------------------------------------------------------------

    (2) Ship stations may conduct radioprinter communications with 
private coast stations on frequencies within these bands which are 
assigned to their associated private coast stations;
    (3) Any alphanumeric code may be used; and
    (4) The bandwidth of radioprinter communications on frequencies 
within these bands must not exceed 300 Hz.
    (e) Frequencies in the 2000-27500 kHz band for medical advisory 
communications. (1) Private coast stations may be authorized to use any 
frequencies within the 2030-27500 kHz band that are allocated to 
Government and non-Government fixed or fixed and mobile radio services 
shown in the Commission's Table of Frequency Allocations contained in 
Sec. 2.106 of this chapter for communications with ship stations to 
provide medical treatment information or advice. Assignment of these 
frequencies is subject to the following limitations:
    (2) No protection is provided from harmful interference caused by 
foreign stations; and
    (3) A private coast station must cease operations on a frequency 
that causes harmful interference to a foreign station.
    (f) Frequencies in the 156-162 MHz band. The following tables 
describe the carrier frequencies available in the 156-162 MHz band for 
radiotelephone communications between ship and private coast stations. 
(Note: the letter ``A'' following the channel designator indicates 
simplex operation on a channel designated internationally as a duplex 
channel.)

------------------------------------------------------------------------
                   Frequencies in the 156-162 MHz band
-------------------------------------------------------------------------
                                   Carrier frequency       Points of
                                         (MHz)           communication
                                 --------------------   (Intership and
       Channel designator                              between coast and
                                    Ship      Coast       ship unless
                                  transmit  transmit       otherwise
                                                          indicated)
------------------------------------------------------------------------
                             Port Operations
------------------------------------------------------------------------
01A \1\.........................   156.050   156.050
63A \1\.........................   156.175   156.175
05A \2\.........................   156.250   156.250
65A.............................   156.275   156.275
66A.............................   156.325   156.325
12 \3\..........................   156.600   156.600
73..............................   156.675   156.675
14 \3\..........................   156.700   156.700
74..............................   156.725   156.725
77 \4\..........................   156.875  ........  Intership only.
20A\12\.........................   157.000  ........  Intership only.
------------------------------------------------------------------------
                   Navigational (Bridge-to-Bridge)\5\
------------------------------------------------------------------------
13 \6\..........................   156.650   156.650
67 \7\..........................   156.375   156.375  ..................
------------------------------------------------------------------------
                               Commercial
------------------------------------------------------------------------
01A \1\.........................   156.050   156.050
63A \1\.........................   156.175   156.175
07A.............................   156.350   156.350
67 \7\..........................   156.375  ........  Intership only.
08..............................   156.400  ........      Do.
09..............................   156.450   156.450
10..............................   156.500   156.500
11 \3\..........................   156.550   156.550
18A.............................   156.900   156.900
19A.............................   156.950   156.950
79A.............................   156.975   156.975
80A.............................   157.025   157.025
88A \8\.........................   157.425  ........  Intership only.
72 \14\.........................   156.625  ........  Internship only.
------------------------------------------------------------------------
                        Digital Selective Calling
------------------------------------------------------------------------
70 \15\.........................   156.525   156.525  ..................
------------------------------------------------------------------------
                              Noncommercial
------------------------------------------------------------------------
68 \17\.........................   156.425   156.425
09 \16\.........................   156.450   156.450  ..................
69..............................   156.475   156.475
71..............................   156.575   156.575
72..............................   156.625  ........  Intership only.
78A.............................   156.925   156.925
79A.............................   156.975   156.975  Great Lakes only.
80A.............................   157.025   157.025  Do.
67 \14\.........................   156.375  ........  Internship only.
------------------------------------------------------------------------
                      Distress, Safety and Calling
------------------------------------------------------------------------
16..............................   156.800   156.800  EPRIB
------------------------------------------------------------------------
                            Intership Safety
------------------------------------------------------------------------
06..............................   156.300  ........  a. Intership, or
                                                       b. For SAR: Ship
                                                       and aircraft for
                                                       the U.S. Coast
                                                       Guard.
------------------------------------------------------------------------
                              Environmental
------------------------------------------------------------------------
15 \13\.........................  ........   156.750  Coast to ship
                                                       only.
------------------------------------------------------------------------

[[Page 103]]

 
                            Maritime Control
------------------------------------------------------------------------
17 \9\, \10\....................   156.850   156.850
------------------------------------------------------------------------
                        Liaison, U.S. Coast Guard
------------------------------------------------------------------------
22A \11\........................   157.100   157.100  Ship, aircraft,
                                                       and coast
                                                       stations of the
                                                       U.S. Coast Guard
                                                       and at Lake Mead,
                                                       Nev., ship and
                                                       coast stations of
                                                       the National Park
                                                       Service, U.S.
                                                       Department of the
                                                       Interior.
------------------------------------------------------------------------
\1\ 156.050 MHz and 156.175 MHz are available for port operations and
  commercial communications purposes when used only within the U.S.
  Coast Guard designated Vessel Traffic Services (VTS) area of New
  Orleans, on the lower Mississippi River from the various pass
  entrances in the Gulf of Mexico to Devil's Swamp Light at River Mile
  242.4 above head of passes near Baton Rouge.
\2\ 156.250 MHz is available for port operations communications use only
  within the U.S. Coast Guard designated VTS radio protection areas of
  New Orleans and Houston described in Sec.  80.383.
\3\ 156.550 MHz, 156.600 MHz and 156.700 MHz are available in the U.S.
  Coast Guard designated port areas only for VTS communications and in
  the Great Lakes available primarily for communications relating to the
  movement of ships in sectors designated by the St. Lawrence Seaway
  Development Corporation or the U.S. Coast Guard. The use of these
  frequencies outside VTS and ship movement sector protected areas is
  permitted provided they cause no interference to VTS and ship movement
  communications in thier respective designated sectors.
\4\ Use of 156.875 MHz is limited to communications with pilots
  regarding the movement and docking of ships. Normal output power must
  not exceed 1 watt.
\5\ 156.375 MHz and 156.650 MHz are available primarily for intership
  navigational communications. These frequencies are available between
  coast and ship on a secondary basis when used on or in the vicinity of
  locks or drawbridges. Normal output power must not exceed 1 watt.
  Maximum output power must not exceed 10 watts for coast stations or 25
  watts for ship stations.
\6\ On the Great Lakes, in addition to bridge-to-bridge communications,
  156.650 MHz is available for vessel control purposes in established
  vessel traffic systems. 156.650 MHz is not available for use in the
  Mississippi River from South Pass Lighted Whistle Buoy ``2'' and
  Southwest Pass entrance Midchannel Lighted Whistle Buoy to mile 242.4
  above Head of Passes near Baton Rouge. Additionally it is not
  available for use in the Mississippi River-Gulf Outlet, the
  Mississippi River-Gulf Outlet Canal, and the Inner Harbor Navigational
  Canal, except to aid the transition from these areas.
\7\ Use of 156.375 MHz is available for navigational communications only
  in the Mississippi River from South Pass Lighted Whistle Buoy ``2''
  and Southwest Pass entrance Mid-channel Lighted Whistle Buoy to mile
  242.4 above head of Passes near Baton Rouge, and in addition over the
  full length of the Mississippi River-Gulf Outlet Canal from entrance
  to its junction with the Inner Harbor Navigation Canal, and over the
  full length of the Inner Harbor Navigation Canal from its junction
  with the Mississippi River to its entry to Lake Pontchartrain at the
  New Seabrook vehicular bridge.
\8\ Within 120 km (75 miles) of the United States/Canada border, in the
  area of the Puget Sound and the Strait of Juan de Fuca and its
  approaches, 157.425 MHz is half of the duplex pair designated as
  Channel 88. In this area, Channel 88 is available to ship stations for
  communications with public coast stations only. More than 120 km (75
  miles) from the United States/Canada border in the area of the Puget
  Sound and the Strait of Juan de Fuca, its approaches, the Great Lakes,
  and the St. Lawrence Seaway, 157.425 MHz is available for intership
  and commercial communications. Outside Puget Sound area and its
  approaches and the Great Lakes, 157.425 MHz is also available for
  communications between commercial fishing vessels and associated
  aircraft while engaged in commercial fishing activities.
\9\ When the frequency 156.850 MHz is authorized, it may be used
  additionally for search and rescue training exercises conducted by
  state or local governments.
\10\ The frequency 156.850 MHz is additionally available to coast
  stations on the Great Lakes for transmission of scheduled Coded Marine
  Weather Forecasts (MAFOR), Great Lakes Weather Broadcast (LAWEB) and
  unscheduled Notices to Mariners or Bulletins. F3C and J3C emissions
  are permitted. Coast Stations on the Great Lakes must cease weather
  broadcasts which cause interference to stations operating on 156.800
  MHz until the interference problem is resolved.
\11\ The frequency 157.100 MHz is authorized for search and rescue
  training exercises by state or local government in conjunction with
  U.S. Coast Guard stations. Prior U.S. Coast Guard approval is
  required. Use must cease immediately on U.S. Coast Guard request.
\12\ The duplex pair for channel 20 (157.000/161.600 MHz) may be used
  for ship to coast station communications.
\13\ Available for assignment to coast stations, the use of which is in
  accord with an agreed program, for the broadcast of information to
  ship stations concerning the environmental conditions in which vessels
  operate, i.e., weather; sea conditions; time signals; notices to
  mariners; and hazards to navigation.
\14\ Available only in the Puget Sound and the Strait of Juan de Fuca.
\15\ The frequency 156.525 MHz is to be used exclusively for distress,
  safety and calling using digital selective calling techniques. No
  other uses are permitted.
\16\ The frequency 156.450 MHz is available for intership, ship and
  coast general purpose calling by noncommercial vessels, such as
  recreational boats and private coast stations.
\17\ The frequency 156.425 MHz is assigned by rule to private coast
  stations in Alaska for facsimile transmissions as well as voice
  communications.


    (g) On-board communications: This section describes the carrier 
frequency pairs assignable for on-board mobile radiotelephony 
communications. The center of the on-board repeater antenna must not be 
located more than 3 meters (10 feet) above the ship's working deck. 
These frequencies are available on a shared basis with stations in the 
Business Radio Service.

                 Frequencies for On-Board Communications
------------------------------------------------------------------------
                                             Carrier frequency (MHz)
                                       ---------------------------------
                Channel                                      On-board
                                        On-board mobile      repeater
                                            station        station \1\
------------------------------------------------------------------------
1.....................................          467.750          457.525
2.....................................          467.775          457.550
3.....................................          467.800          457.575
4.....................................          467.825         457.600
------------------------------------------------------------------------
\1\ These frequencies may also be assigned to mobile stations for single
  frequency simplex operation.

    (h) Repeater frequencies in Alaska. The following frequencies are 
assignable on a primary basis to public and on a secondary basis to 
private coast stations

[[Page 104]]

in Alaska for maritime repeater operations:

Repeater receive: 157.275 MHz
Repeater transmit: 161.875 MHz

    (i) Frequencies in the 1600-5450 kHz band for private communications 
in Alaska. The following simplex frequencies are available for 
assignment to private fixed stations located in the State of Alaska for 
radiotelephony communications with ship stations. These simplex 
frequencies are available for use by authorized ship stations for 
radiotelephony communications with private fixed stations located in the 
State of Alaska.

       Private communications in Alaska Carrier frequencies (kHz)
1619.0                                               2382.0       2563.0
1622.0                                               2419.0       2566.0
1643.0                                               2422.0       2590.0
1646.0                                               2427.0       2616.0
1649.0                                               2430.0       3258.0
1652.0                                               2447.0   \1\ 3261.0
1705.0                                               2450.0       4366.0
1709.0                                               2479.0       4369.0
1712.0                                               2482.0       4396.0
2003.0                                               2506.0       4402.0
2006.0                                               2509.0       4420.0
2115.0                                               2512.0       4423.0
2118.0                                               2535.0   \2\ 5167.5
2379.0                                               2538.0  ...........
 
\1\ Ship stations must limit use of 3261.0 kHz to communications over
  distances which cannot be reached by the use of frequency below 2700
  kHz or above 156.000 MHz.
\2\ The frequency 5167.5 kHz is available for emergency communications
  in Alaska. Peak envelope power of stations operating on this frequency
  must not exceed 150 watts. When a station in Alaska is authorized to
  use 5167.5 kHz, such station may also use this frequency for calling
  and listening for the purpose of establishing communications.

    (j) Frequencies for portable ship stations. VHF frequencies 
authorized for stations authorized carrier frequencies in the 156.275 
MHz to 157.450 MHz and 161.575 MHz to 162.025 MHz bands may also be 
authorized as marine utility stations. Marine-utility stations on shore 
must not cause interference to any VHF or coast station, VHF or UHF land 
mobile base station, or U.S. Government station.

[51 FR 31213, Sept. 2, 1986; 51 FR 34984, Oct. 1, 1986, as amended at 52 
FR 35245, Sept. 18, 1987; 53 FR 17052, May 13, 1988; 54 FR 8542, Mar. 1, 
1989; 54 FR 40059, Sept. 29, 1989; 56 FR 9896, Mar. 8, 1991; 56 FR 
34030, July 25, 1991; 57 FR 19552, May 7, 1992; 57 FR 26779, June 16, 
1992; 58 FR 16504, Mar. 29, 1993; 58 FR 44953, Aug. 25, 1993; 60 FR 
35510, July 10, 1995; 62 FR 40307, July 28, 1997]



Sec. 80.374  Special provisions for frequencies in the 4000-4063 kHz and the 8100-8195 kHz bands shared with the fixed service.

    Until implementation procedures and schedules are determined by a 
conference of the International Telecommunications Union (ITU), the 
bands 4000-4063 kHz and 8100-8195 kHz are allocated on a shared primary 
basis between the fixed service and the maritime mobile service; see 
Sec. 2.106, note US236, of the Commission's Rules. Frequency assignments 
in the 4000-4063 kHz and 8100-8195 kHz bands are subject to coordination 
with government users. Additionally, coast station assignments in the 
4000-4063 kHz band deviate from international provisions. Coast station 
assignments in the 4000-4063 kHz band are permitted provided that 
harmful interference is not caused to, and must accept interference 
from, stations operated by other countries in accordance with the Radio 
Regulations (see Radio Regulation Nos. 342 and 517).
    (a) Application requirements. Applicants for public coast station 
frequencies described in this section must submit a substantial showing 
of need based on the following factors:
    (1) A schedule of each currently licensed 4, 6, and 8 MHz frequency 
and the expected use of the proposed frequencies;
    (2) For additional frequencies within the same MHz band, a factual 
showing of the 3 busiest hours of any 4 days within a consecutive 10 day 
period for each of the 2 months immediately preceding the filing of the 
application indicating that the applicant has used its currently 
assigned frequencies within the same MHz band an aggregate average of at 
least 40% of the 3 busiest hours of each day for exchanging 
communications; and
    (3) Any other facts that support the need for the proposed 
assignment, e.g., evidence of radio interference by another station 
located near enough to render a currently licensed frequency 
substantially unusable.
    (b) Frequencies in the 4000-4063 kHz band. (1) The frequencies in 
the 4000-4063 kHz bands are available to ship and public coast stations 
for:

[[Page 105]]

    (i) Supplementary ship-to-shore duplex operations with coast 
stations assigned the frequencies described in Sec. 80.371(b) of this 
part;
    (ii) Intership simplex operations and cross-band operations;
    (iii) Ship-to-shore or shore-to-ship simplex operations; or
    (iv) Duplex operations with coast stations assigned in the band 
4438-4650 kHz, as described in Sec. 80.373(d) of this part.
    (2) The following table describes the channelization of carrier 
frequencies in the 4000-4063 kHz band.

                        Carrier Frequencies (kHz)
4000.............         4015               4030              4045
4003.............         4018               4033              4048
4006.............         4021               4036              4051
4009.............         4024               4039              4054
4012.............         4027               4042              4057
 

    (c) Frequencies in the 8100-8195 kHz band. (1) The frequencies in 
the 8100-8195 kHz bands are available to ship and public coast stations 
for:
    (i) Supplementary ship-to-shore duplex operations with coast 
stations assigned the frequencies described in Sec. 80.371(b) of this 
part;
    (ii) Intership simplex operations and cross-band operations; or
    (iii) Ship-to-shore or shore-to-ship simplex operations.
    (2) The following table describes the channelization of carrier 
frequencies in the 8100-8195 kHz band.

                        Carrier Frequencies (kHz)
8101...................             8137                    8167
8104...................             8140                    8170
8107...................             8143                    8173
8110...................             8146                    8176
8116...................             8149                    8179
8119...................             8152                    8182
8122...................             8155                    8185
8125...................             8158                    8188
8131...................             8161                    8191
8134...................             8164
 


[56 FR 9896, Mar. 8, 1991]

                           Radiodetermination



Sec. 80.375  Radiodetermination frequencies.

    This section describes the carrier frequencies assignable to 
radiodetermination stations. Only direction finding radar stations will 
be authorized on land.
    (a) Direction finding frequencies. The carrier frequencies 
assignable to ship stations for direction finding operations are:

                            Carrier frequency

410 kHz
500 kHz
2182 kHz
8364 kHz
121.500 MHz
243.000 MHz

    (1) Except in distress the assigned frequency for direction finding 
is 410 kHz;
    (2) Ship stations may use 500 kHz for direction finding exclusively 
in Regions 1 and 3 outside areas of heavy radio traffic. Use must not 
interfere with distress urgency and safety signals or calls and replies.
    (b) Radiodetermination frequencies for cable-repair ships. Except in 
Region 1 the channels in the 285-325 kHz band are assignable to ship 
stations for cable-repair radiodetermination operations. In Region 1 the 
channels available for assignment for such operations are limited to the 
285-315 kHz band. The conditions of use of these channels are set forth 
in subpart X of this part. Channel usage must comply with the following 
requirements:
    (1) They are not permitted within the territorial waters of a 
foreign country;
    (2) Their output power must not exceed 15 watts; and
    (3) They must not cause interference to any maritime station in the 
radionavigation service.
    (c) Radiodetermination frequencies below 500 MHz. The frequencies 
154.585 MHz, 159.480 MHz, 160.725 MHz, 160.785 MHz, 454.000 MHz and 
459.000 MHz are authorized for offshore radiolocation and associated 
telecommand operations under a ship station license provided:
    (1) The use of these frequencies is related to the ship's commercial 
operations;
    (2) The station antenna height does not exceed 6 meters (20 feet) 
above sea level in a buoy station or 6 meters (20 feet) above the mast 
of the ship in which it is installed.
    (d) Radiodetermination frequency bands above 2400 MHz. (1) The 
radiodetermination frequency bands assignable to ship and shore stations 
including ship

[[Page 106]]

and shore radar and transponder stations are as follows: 2450-2500 MHz; 
2900-3100 MHz; 5460-5650 MHz; 9300-9500 MHz; and 14.00-14.05 GHz.
    (2) Assignment of these bands to ship and coast stations are subject 
to the following conditions:
    (i) The 2450-2500 MHz band may be used only for radiolocation on the 
condition that harmful interference must not be caused to the fixed and 
mobile services. No protection is provided from interference caused by 
emissions from industrial, scientific, or medical equipment;
    (ii) The use of the 2900-3100 MHz, 5470-5650 MHz and 9300-9500 MHz 
bands for radiolocation must not cause harmful interference to the 
radionavigation and Government radiolocation services. Additionally, the 
use of the 2900-3000 MHz band for radiolocation must not cause harmful 
interference to the Government meteorological aids service.
    (iii) In the 2920-3100 MHz and 9320-9500 MHz bands the use of fixed-
frequency transponders for radionavigation is not permitted;
    (iv) Non-Government radiolocation stations may be authorized in the 
5460-5470 MHz band on the condition that harmful interference shall not 
be caused to the aeronautical or maritime radionavigation services or to 
Government radiolocation service;
    (v) The use of the 5460-5650 MHz band for radionavigation is limited 
to shipborne radar;
    (vi) The use of the 14.00-14.05 GHz band will be authorized only for 
test purposes and maritime radionavigation on a secondary basis to the 
fixed-satellite service; and
    (vii) Selectable transponders must be authorized under Part 5 of the 
Commission rules until technical standards for their use are developed.
    (3) In addition to the conditions in (2) of this paragraph ship 
stations are subject to the following conditions:
    (i) Transponders used for safety purposes will be authorized in the 
2900-3100 MHz, 5470-5650 MHz and 9300-9500 MHz bands. Transponders used 
for non-safety purposes will be confined to the 2930-2950 MHz, 5470-5480 
MHz and 9300-9500 MHz subbands only;
    (ii) In the 2900-2920 MHz and 9300-9320 MHz subbands the use of 
radars other than those installed prior to January 2, 1976, is not 
permitted;
    (iii) In the 2920-3100 MHz and 9320-9500 MHz bands non-selectable 
transponders will be authorized only for safety purposes;
    (iv) Non-selectable transponders must not be used to enhance 
detection of marine craft;
    (4) In the 2920-3100 MHz and 9320-9500 MHz bands shore station radar 
transponders used only as racons will be authorized.
    (e) In addition to the other technical requirements contained in 
subpart E of this part search and rescue transponder stations must meet 
the following technical standards contained in the latest international 
Radio Consultative Committee (CCIR) Recommendation 628 titled 
``Technical Characteristics for a Search and Rescue Radar Transponder'':
    (1) Operate in the 9300-9500 MHz band;
    (2) Be horizontally polarized at their source;
    (3) Have an effective receiver sensitivity including its antenna 
gain better than -50 dBm;
    (4) Operate within specifications between the temperatures of -20 
and +50 degrees Celsius;
    (5) Operate within specifications for at least 48 hours at 0 degrees 
Celsius without changing batteries;
    (6) Have a sawtooth sweep with a 5 microseconds  0.5 
microseconds rate and return of less than 0.5 microseconds;
    (7) Have a pulse emission of 100 microseconds maximum duration;
    (8) Have a recovery time following excitation of 10 microseconds or 
less;
    (9) Have a delay between receipt of a radar signal and start of 
transmissions of 1.25 microseconds or less;
    (10) Have an antenna whose vertical beamwidth is no less than 25 
degrees and its azimuthal beamwidth is omnidirectional within 2 dB; and
    (11) Suppress interference caused by the interrogating radar 
antenna's sidelobes.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 7419, Mar. 11, 1987; 55 
FR 6394, Feb. 23, 1990; 57 FR 26779, June 16, 1992; 58 FR 44953, Aug. 
25, 1993]

[[Page 107]]

                           Ship Earth Stations



Sec. 80.377  Frequencies for ship earth stations.

    The frequency band 1626.5-1645.5 MHz is assignable for 
communication, radiodetermination and telecommand messages, and 
developmental operations that are associated with the position, 
orientation and operational functions of maritime satellite equipment. 
The frequency band 1645.5-1646.5 MHz is reserved for use in the Global 
Maritime Distress and Safety System (GMDSS).

[51 FR 31213, Sept. 2, 1986, as amended at 57 FR 26779, June 16, 1992]

                            Aircraft Stations



Sec. 80.379  Maritime frequencies assignable to aircraft stations.

    This section describes the maritime frequencies assignable to 
aircraft stations for simplex operations:
    (a) Available frequencies:

------------------------------------------------------------------------
                  Carrier frequency                    Conditions of use
------------------------------------------------------------------------
2738 kHz.............................................                (1)
2830 kHz.............................................                (1)
3023 kHz.............................................                (2)
4125 kHz.............................................                (3)
5680 kHz.............................................                (2)
121.500 MHz..........................................                (4)
123.100 MHz..........................................                (4)
156.300 MHz..........................................                (5)
156.375 MHz..........................................                (5)
156.400 MHz..........................................                (5)
156.425 MHz..........................................                (5)
156.450 MHz..........................................                (5)
156.625 MHz..........................................                (5)
156.800 MHz..........................................                (5)
156.900 MHz..........................................                (5)
157.100 MHz..........................................                (6)
157.425 MHz..........................................             (5)(7)
------------------------------------------------------------------------

    (b) The conditions of use of the carrier frequencies in paragraph 
(a) of this section, are:
    (1) For permissible geographic areas of operation see 
Sec. 80.373(b)(1). For other limitations see Sec. 80.373(b)(7);
    (2) Aircraft and ship stations may use 3023.0 kHz and 5680.0 kHz for 
search and rescue scene-of-action coordination including communications 
between these stations and participating land stations. Stations using 
these frequencies must use J3E emission;
    (3) Assignable for distress and safety communications between 
aircraft and maritime mobile stations;
    (4) Assignable for search and rescue between ships and aircraft. 
Stations using these frequencies must use A3E emission;
    (5) These frequencies may be used by aircraft stations when:
    (i) The altitude of aircraft stations does not exceed 300 meters 
(1,000 feet), except for reconnaissance aircraft participating in 
icebreaking operations where an altitude of 450 meters (1,500 feet) is 
allowed;
    (ii) The mean power of aircraft stations must not exceed five watts;
    (iii) Communications are limited to operations in which the maritime 
mobile stations are primarily involved and where direct communications 
between the aircraft and the ship or coast station is required;
    (iv) Stations may use 156.300 MHz for safety purposes only;
    (v) Stations may use 156.800 MHz for distress, safety and calling 
only; and
    (vi) Use of 156.375 MHz by aircraft is not permitted in the New 
Orleans VTS area specified in Sec. 80.383.
    (6) The use of 157.100 MHz is limited to communications with 
stations of the Department of Interior at Lake Mead, Nevada; and
    (7) Commercial fishing vessels and associated aircraft may use 
157.425 MHz while engaged in commercial fishing activities except within 
120 km (75 miles) of the United States/Canada border and Puget Sound and 
the Strait of Juan de Fuca and its approaches, the Great Lakes, and the 
St. Lawrence Seaway.

[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 44953, Aug. 25, 1993]

                       Operational Fixed Stations



Sec. 80.381  Frequencies for operational fixed stations.

    The following carrier frequencies in the 72-76 MHz band are 
assignable to operational fixed stations using vertical polarization, if 
no harmful interference is caused to TV reception on Channels 4 and 5. 
These frequencies are shared with the Land Mobile and Aviation Radio 
Services.

[[Page 108]]



           Operational Fixed Frequencies in the 72-76 MHz Band
                        Carrier frequency in MHz
72.02......      72.28       72.64       72.90       75.68       75.94
72.04......      72.30       72.66       72.92       75.70       75.96
72.06......      72.32       72.68       72.94       75.72       75.98
72.08......      72.34       72.70       72.96       75.74    ..........
72.10......      72.36       72.72       72.98       75.76    ..........
72.12......      72.38       72.74       75.42       75.78    ..........
72.14......      72.40       72.76       75.46       75.80    ..........
72.16......      72.42       72.78       75.50       75.82    ..........
72.18......      72.46       72.80       75.54       75.84    ..........
72.20......      72.50       72.82       75.58       75.86    ..........
72.22......      72.54       72.84       75.62       75.88    ..........
72.24......      72.58       72.86       75.64       75.90    ..........
72.26......      72.62       72.88       75.66       75.92    ..........
 


[51 FR 31213, Sept. 2, 1986, as amended at 54 FR 40059, Sept. 29, 1989]

                  Vessel Traffic Services System (VTS)



Sec. 80.383  Vessel Traffic Services (VTS) system frequencies.

    This section describes the carrier frequencies available for use in 
the Coast Guard Vessel Traffic Services (VTS) systems within the 
designated geographic radio protected areas.
    (a) Assigned frequencies:

                   Vessel Traffic Control Frequencies
------------------------------------------------------------------------
    Carrier frequencies (MHz)                Geographic areas
------------------------------------------------------------------------
156.250.........................  Seattle.
156.550.........................  New York, New Orleans,\1\ Houston,
                                   Prince William Sound,\3\ Berwick Bay.
156.600.........................  New York, New Orleans,\1\ Houston, San
                                   Francisco,\3\ Sault Ste. Marie.\3\
156.700.........................  New York, New Orleans,\1\ Seattle, San
                                   Francisco.\2\
------------------------------------------------------------------------
\1\ Until further notice, this frequency is available for use as
  permitted by Sec.  80.373(f), notwithstanding the provisions of
  footnote 3 that are applicable to the VTS system. Availability is a
  result of the closure of the VTS system for the port area of New
  Orleans. If the United States Coast Guard re-establishes this system,
  the Commission may require operations pursuant to such conditional
  licenses for this frequency to cease, or may choose not to renew such
  conditional licenses. All licenses for this frequency will be
  expressly conditioned upon the continued availability of the frequency
  for non-VTS use.
\2\ Private coast station licenses for the use of this frequency will
  not be renewed beyond November 1, 1997. Continued use until expiration
  must be on a noninterference basis to Coast Guard VTS communications.
\3\ Private coast station licenses for the use of this frequency in this
  area will expire at the end of the current license term or five years
  after the adopted date of the final rule, whichever comes first.
  Continued use until expiration must be on a noninterference basis to
  Coast Guard VTS communications.

    (b) The U.S. Coast Guard designated radio protection areas for VTS 
are as follows:
    (1) New York. The rectangle between north latitudes 40 degrees and 
42 degrees and west longitudes 71 degrees and 74 degrees 30 minutes;
    (2) New Orleans. The rectangle between North latitudes 27 degrees 30 
minutes and 31 degrees 30 minutes and West longitudes 87 degrees 30 
minutes and 93 degrees;
    (3) Houston. The rectangle between north latitudes 28 degrees 30 
minutes and 30 degrees 20 minutes and west longitudes 93 degrees 30 
minutes and 96 degrees;
    (4) Seattle (Puget Sound). The area encompassed between the United 
States-Canadian border and a line drawn from 49 degrees North 121 
degrees West on the United States-Canadian Border, to 46 degrees 30 
minutes North 121 degrees West, then to 46 degrees 30 minutes North 125 
degrees West, then to 48 degrees 30 minutes North 125 degrees West, and 
then east to the United States-Canadian Border;
    (5) San Francisco. The rectangle between north latitudes 39 degrees 
and 37 degrees and west longitudes 120 degrees 50 minutes and 123 
degrees 20 minutes; and
    (6) Prince William Sound. The rectangle between North latitudes 61 
degrees 17 minutes and 59 degrees 22 minutes and West longitudes 149 
degrees 39 minutes and 145 degrees 36 minutes.
    (7) Sault Ste. Marie. The rectangle between North latitudes 45 
degrees and 47 degrees, and West longitudes 83 degrees and 85 degrees.
    (8) Berwick Bay. The rectangle between North latitudes 28 degrees 30 
minutes and 30 degrees 30 minutes, and West longitudes 90 degrees 50 
minutes and 92 degrees.
    (c) The use of the frequencies shown in paragraph (a) of this 
section is permitted in areas outside the Coast Guard radio protection 
areas provided there is no interference to VTS communications within the 
VTS areas.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 35245, Sept. 18, 1987; 
54 FR 8746, Mar. 2, 1989; 55 FR 46514, Nov. 5, 1990; 58 FR 16504, Mar. 
29, 1993; 61 FR 26120, May 24, 1996; 61 FR 26466, May 28, 1996]

[[Page 109]]

                            Automated Systems



Sec. 80.385  Frequencies for automated systems.

    This section describes the carrier frequencies for the Automated 
Maritime Telecommunications System (AMTS) and for other automated multi-
station systems.
    (a) Automated Maritime Telecommunications System (AMTS). (1) The 
Automated Maritime Telecommunications System (AMTS) is an integrated and 
interconnected maritime communications system.
    (2) The following carrier frequency pairs are available for 
radiotelephony, facsimile and teleprinter communications. AMTS 
operations must not cause harmful interference to the U.S. Navy SPASUR 
system which operates in the band 216.880-217.080 MHz.

------------------------------------------------------------------------
                                         Carrier frequency (MHz)
                               -----------------------------------------
          Channel No.               Ship          Coast
                                transmit \1\  transmit \2\      Group
------------------------------------------------------------------------
101...........................  ............      216.0125  D
102...........................  ............      216.0375  ............
103...........................  ............      216.0625  ............
104...........................  ............      216.0875  ............
105...........................  ............      216.1125  ............
106...........................  ............      216.1375  ............
107...........................  ............      216.1625  ............
108...........................  ............      216.1875  ............
109...........................  ............      216.2125  ............
110...........................  ............      216.2375  ............
111...........................  ............      216.2625  ............
112...........................  ............      216.2875  ............
113...........................  ............      216.3125  ............
114...........................  ............      216.3375  ............
115...........................  ............      216.3625  ............
116...........................  ............      216.3875  ............
117...........................  ............      216.4125  ............
118...........................  ............      216.4375  ............
119...........................  ............      216.4625  ............
120...........................  ............      216.4875  ............
121...........................  ............      216.5125  C
122...........................  ............      216.5375  ............
123...........................  ............      216.5625  ............
124...........................  ............      216.5875  ............
125...........................  ............      216.6125  ............
126...........................  ............      216.6375  ............
127...........................  ............      216.6625  ............
128...........................  ............      216.6875  ............
129...........................  ............      216.7125  ............
130...........................  ............      216.7375  ............
131...........................  ............      216.7625  ............
132...........................  ............      216.7875  ............
133...........................  ............      216.8125  ............
134...........................  ............      216.8375  ............
135...........................  ............      216.8625  ............
136...........................  ............      216.8875  ............
137...........................  ............      216.9125  ............
138...........................  ............      216.9375  ............
139...........................  ............      216.9625  ............
140...........................  ............      216.9875  ............
141...........................      219.0125      217.0125  B
142...........................      219.0375      217.0375  ............
143...........................      219.0625      217.0625  ............
144...........................      219.0875      217.0875  ............
145...........................      219.1125      217.1125  ............
146...........................      219.1375      217.1375  ............
147...........................      219.1625      217.1625  ............
148...........................      219.1875      217.1875  ............
149...........................      219.2125      217.2125  ............
150...........................      219.2375      217.2375  ............
151...........................      219.2625      217.2625  ............
152...........................      219.2875      217.2875  ............
153...........................      219.3125      217.3125  ............
154...........................      219.3375      217.3375  ............
155...........................      219.3625      217.3625  ............
156...........................      219.3875      217.3875  ............
157...........................      219.4125      217.4125  ............
158...........................      219.4375      217.4375  ............
159...........................      219.4625      217.4625  ............
160...........................      219.4875      217.4875  ............
161...........................      219.5125      217.5125  A
162...........................      219.5375      217.5375  ............
163...........................      219.5625      217.5625  ............
164...........................      219.5875      217.5875  ............
165...........................      219.6125      217.6125  ............
166...........................      219.6375      217.6375  ............
167...........................      219.6625      217.6625  ............
168...........................      219.6875      217.6875  ............
169...........................      219.7125      217.7125  ............
170...........................      219.7375      217.7375  ............
171...........................      219.7625      217.7625  ............
172...........................      219.7875      217.7875  ............
173...........................      219.8125      217.8125  ............
174...........................      219.8375      217.8375  ............
175...........................      219.8625      217.8625  ............
176...........................      219.8875      217.8875  ............
177...........................      219.9125      217.9125  ............
178...........................      219.9375      217.9375  ............
179...........................      219.9625      217.9625  ............
180...........................      219.9875      217.9875  ............
------------------------------------------------------------------------
\1\ Ship transmit frequencies in Group C and D are not authorized for
  AMTS use.
\2\ Coast station operation on frequencies in Groups C and D are not
  currently assignable and are shared on a secondary basis with the Low
  Power Radio Service in part 95 of this chapter. Frequencies in the
  band 216.750-217.000 MHz band are available for low power point-to-
  point network control communications by AMTS coast stations under the
  Low Power Radio Service (LPRS). LPRS operations are subject to the
  conditions that no harmful interference is caused to the United States
  Navy's SPASUR radar system (216.88-217.08 MHz) or to TV reception
  within the Grade B contour of any TV channel 13 station or within the
  68 dBu predicted contour of any low power TV or TV translator station
  operating on channel 13.


    (3) Channels in the 219-220 MHz band are also used on a secondary, 
non-interference basis by amateur stations participating in digital 
message forwarding systems. Amateur stations may not cause harmful 
interference to AMTS operations and must accept any harmful interference 
from AMTS operation. Amateur stations within 80 km (50 miles) of an AMTS 
coast station must obtain written approval from the AMTS licensee prior 
to operating in the 219-220 MHz band. Amateur stations within 640 km 
(398 miles) of an AMTS coast station must notify the AMTS licensee in 
writing at least 30

[[Page 110]]

days prior to initiation of operations in the 219-220 MHz band. All 
amateur stations must notify the American Radio Relay League in writing 
at least 30 days prior to initiation of operations in the 219-220 MHz 
band (ARRL, 225 Main St., Newington, CT 06111-1494).
    (b) Narrowband operations in AMTS. AMTS licensees may operate on 
frequencies offset from the assignable channels specified in paragraph 
(a)(2) of this section provided such licensees are also licensed for 
channels on each side of the offset frequency. Licensees using offset 
frequencies must conform with all other conditions of operation.
    (c) Automated multi-station system. Great Lakes Region. The 
following table describes the assignable carrier frequency pairs to 
provide communication services including automated calling, teleprinter 
and facsimile:

------------------------------------------------------------------------
                                     Carrier frequency (MHz)
   Channel designator   ------------------------------------------------
                              Ship transmit           Coast transmit
------------------------------------------------------------------------
17.....................               None             \1\ 156.850
84.....................            157.225                 161.825
85.....................            157.275                 161.875
86.....................            157.325                 161.925
87.....................            157.375                 161.975
------------------------------------------------------------------------
\1\ The frequency 156.850 MHz is used only to transmit scheduled weather
  broadcasts.


[51 FR 31213, Sept. 2, 1986, as amended at 54 FR 29041, July 11, 1989; 
56 FR 3783, Jan. 31, 1991; 57 FR 26780, June 16, 1992; 60 FR 15687, Mar. 
27, 1995; 61 FR 46566, Sept. 4, 1996]

                          Alaska Fixed Stations



Sec. 80.387  Frequencies for Alaska fixed stations.

    (a) The carrier frequencies listed in (b) of this section are 
assignable for point-to-point simplex radiotelephone communications 
between private fixed stations in Alaska. The frequency pairs listed in 
paragraph (d) of this section are assignable for point-to-point duplex 
radiotelephone communications between private and public fixed stations 
in Alaska. Fixed stations in Alaska authorized to share carrier 
frequencies with the maritime mobile service must always give priority 
on such frequencies to maritime distress, urgency and safety 
communications.
    (b) Alaska-private fixed station frequencies:

                        Carrier frequencies (kHz)
 
------------------------------------------------------------------------
1643.0........................................       2430.0       2773.0
1646.0........................................       2447.0       3164.5
1649.0........................................       2450.0       3183.0
1652.0........................................       2463.0       3196.0
1657.0........................................       2466.0       3201.0
1660.0 \1\....................................       2471.0       3258.0
1705.0........................................       2479.0       3261.0
1709.0........................................       2482.0       3303.0
1712.0........................................       2506.0       3365.0
2003.0........................................       2509.0       4035.0
2006.0........................................       2512.0       5164.5
2115.0........................................       2535.0   \3\ 5167.5
2118.0........................................       2538.0       5204.5
2253.0........................................       2563.0   \2\ 6948.5
2400.0........................................       2566.0   \2\ 7368.5
2419.0........................................       2601.0       8067.0
2422.0........................................       2616.0       8070.0
2427.0........................................       2691.0  \2\ 11437.0
                                                ...........  \2\ 11601.5
------------------------------------------------------------------------
\1\ Use of 1660.0 kHz must be coordinated to protect radiolocation on
  adjacent channels.
\2\ Peak envelope power must not exceed 1 kW for radiotelephony.
  Teleprinter use is authorized.
\3\ The frequency 5167.5 kHz is available for emergency communications
  in Alaska. Peak envelope power of stations operating on this frequency
  must not exceed 150 watts. When a station in Alaska is authorized to
  use 5167.5 kHz, such station may also use this frequency for calling
  and listening for the purpose of establishing communications.

    (c) Use of the frequencies in paragraph (b) of this section must 
meet the following conditions:
    (1) Communications between private coast and private fixed stations 
are prohibited; and
    (2) Station licensees must not charge for third party communication 
services between their station and any other private fixed station.
    (d) The following carrier frequency pairs are assignable for point-
to-point communications between public fixed and private fixed stations:

------------------------------------------------------------------------
 Public fixed station frequencies    Private fixed Station frequencies
              (kHz)                                (kHz)
------------------------------------------------------------------------
\1\ 2312.0.......................                      2632.0
2604.0...........................                      2256.0
2781.0...........................                  \3\ 2474.0
2784.0...........................                      2694.0
3167.5...........................                      3354.0
3180.0...........................                      2776.0
3241.0...........................                      3357.0
3362.0...........................                      3238.0
\2\ 4791.5.......................                      5207.5
5370.0...........................     \4\ 5134.5, \4\ 5137.5
------------------------------------------------------------------------
\1\ This frequency is assignable on a primary basis to public coast
  stations and on a secondary basis to public fixed stations.
\2\ Teleprinter use is authorized.
\3\ Peak envelope power must not exceed 1 kW.
\4\ Licensees must cease all communications on 5134.5 kHz and 5137.5 kHz
  when notified by the State of Alaska of an emergency or disaster.
  Licensees may resume communication on these frequencies when notified
  by the State of Alaska that the disaster or harmful interference has
  ended.


[[Page 111]]

    (e) The public fixed station frequencies are assignable to common 
carriers.
    (f) The private fixed station frequencies described in paragraph (d) 
of this section are assignable to private entities located in areas 
where common carrier facilities are not available. Private fixed 
stations operating on the frequencies in paragraph (d) of this section, 
must communicate with public fixed stations only. Private fixed stations 
are permitted to provide third party communications between their 
station and the public fixed stations. A charge for such service is 
prohibited.
    (g) U.S. Government frequencies will be authorized if the Commission 
determines that the assignment is in the public interest.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 35245, Sept. 18, 1987; 
56 FR 34030, July 25, 1991]

                        Maritime Support Stations



Sec. 80.389  Frequencies for maritime support stations.

    (a) Marine receiver test. Maritime support stations will be 
authorized to conduct receiver tests on the ship station frequencies of 
the channels assigned to the associated public coast station.
    (b) Shore radar and radiolocation tests. The following frequency 
bands are available for assignment to demonstrate radar and 
radiolocation equipment. The use of frequencies within these bands must 
not cause harmful interference to the radionavigation service and the 
Government radiolocation service: 2450-2500 MHz, 2900-3100 MHz, 5460-
5650 MHz, 9300-9500 MHz, 14.0-14.05 GHz.

                         Developmental Stations



Sec. 80.391  Frequencies for developmental stations.

    (a) Ship and shore stations engaged in developmental operations may 
be assigned any frequency or frequencies assignable to the service and 
class of station they propose to operate. The following frequency bands 
are also assignable to ships and coast stations for developmental 
operations:

------------------------------------------------------------------------
           Ship transmit                        Coast transmit
------------------------------------------------------------------------
         5350-5460 MHz \1\                    5350-5460 MHz \1\
           6425-6525 MHz             ...................................
         9000-9200 MHz \1\                    9000-9200 MHz \1\
          11700-12200 MHz                      11700-12200 MHz
          17700-19700 MHz            ...................................
          27500-29500 MHz            ...................................
------------------------------------------------------------------------
\1\ The bands 5350-5460 MHz and 9000-9200 MHz are assignable for
  developmental operations at ship and shore radiolocation stations if
  their operations do not cause harmful interference to aeronautical
  radionavigation or Government radiolocation services.

    (b) Stations authorized to conduct developmental operations are 
prohibited from communicating with any station of a country other than 
the United States.
    (c) Stations authorized to conduct developmental operations must not 
cause harmful interference to the operation of stations authorized in 
other public services nor to any United States Government or foreign 
station.



                      Subpart I--Station Documents



Sec. 80.401  Station documents requirement.

    Licensees of radio stations are required to have current station 
documents as indicated in the following table:

[[Page 112]]

[GRAPHIC] [TIFF OMITTED] TC02AP91.001

    Notes: 1. The expired station license must be retained in the 
station records until the first Commission inspection after the 
expiration date.
    2. Alternatively, a list of coast stations maintained by the 
licensee with which communications are likely to be conducted, showing 
watchkeeping hours, frequencies and charges, is authorized.
    3. Required only if station provides a service to oceangoing 
vessels.
    4. Certification of a Great Lakes Agreement inspection may be made 
by either a log entry or issuance of a Great Lakes Agreement 
certificate. Radiotelephone logs containing entries certifying that a 
Great Lakes Agreement inspection has been conducted must be retained and 
be available for inspection by the FCC for 2 years after the date of the 
inspection.

[61 FR 25805, May 23, 1996]



Sec. 80.403  Availability of documents.

    Station documents must be readily available to the licensed 
operator(s) on duty during the hours of service of the station and to 
authorized Commission employees upon request.

[[Page 113]]



Sec. 80.405  Station license.

    (a) Requirement. Stations must have an authorization granted by the 
Federal Communications Commission.
    (b) Application. Application for authorizations in the maritime 
services must be submitted on the prescribed forms in accordance with 
subpart B of this part.
    (c) Posting. The current station authorization or a clearly legible 
copy must be posted at the principal control point of each station. If a 
copy is posted, it must indicate the location of the original. When the 
station license cannot be posted as in the case of a marine utility 
station operating at temporary unspecified locations or the ship or 
recreational boat does not have an enclosed wheelhouse, it must be kept 
where it will be readily available for inspection. The licensee of a 
station on board a ship subject to Part II or III of Title III of the 
Communications Act or the Safety Convention must retain the most 
recently expired ship station license in the station records until the 
first Commission inspection after the expiration date.

[51 FR 31213, Sept. 2, 1986, as amended at 62 FR 40307, July 28, 1997]



Sec. 80.407  Operator authorization.

    This section contains information and rules pertinent to the 
application for and posting of radio operator authorizations. Rules 
applicable to radio operator requirements are contained in subpart D of 
this part and other rules pertinent to commercial radio operators are 
contained in part 13 of this chapter.
    (a) Application. Detailed information about application forms, 
filing procedures, and places to file applications for radio operator 
authorizations is contained in the bulletin ``Commercial Radio Operator 
Licenses and Permits.'' This bulletin is available from any Commission 
District Office or from the FCC, Washington, DC 20554.
    (b) Posting. When a Commission-authorized operator is required, the 
original authorization of each operator must be posted at the principal 
control point of the station. In lieu of posting, an operator who holds 
a restricted radiotelephone operator permit or a higher class operator 
license may have the operator authorization or a photocopy thereof 
available for inspection upon request by authorized Commission employees 
when operating the following:
    (1) A voluntary station;
    (2) Any class of ship station when the operator is on board solely 
to service the radio equipment; or
    (3) A portable station.



Sec. 80.409  Station logs.

    (a) General requirements. Logs must be established and properly 
maintained as follows:
    (1) The log must be kept in an orderly manner. The required 
information for the particular class or category of station must be 
readily available. Key letters or abbreviations may be used if their 
proper meaning or explanation is contained elsewhere in the same log.
    (2) Erasures, obliterations or willful destruction within the 
retention period are prohibited. Corrections may be made only by the 
person originating the entry by striking out the error, initialing the 
correction and indicating the date of correction.
    (3) Ship station logs must identify the vessel name, country of 
registry, and official number of the vessel.
    (4) The station licensee and the radio operator in charge of the 
station are responsible for the maintenance of station logs.
    (b) Availability and retention. Station logs must be made available 
to authorized Commission employees upon request and retained as follows:
    (1) Logs must be retained by the licensee for a period of two years 
from the date of entry, and, when applicable, for such additional 
periods as required by the following paragraphs:
    (i) Logs relating to a distress situation or disaster must be 
retained for three years from the date of entry.
    (ii) If the Commission has notified the licensee of an 
investigation, the related logs must be retained until the licensee is 
specifically authorized in writing to destroy them.
    (iii) Logs relating to any claim or complaint of which the station 
licensee has notice must be retained until the claim or complaint has 
been satisfied

[[Page 114]]

or barred by statute limiting the time for filing suits upon such 
claims.
    (2) Logs containing entries required by paragraphs (e) and (f) of 
this section must be kept at the principal radiotelephone operating 
location while the vessel is being navigated. All entries in their 
original form must be retained on board the vessel for at least 30 days 
from the date of entry. Additionally, logs required by paragraph (f) of 
this section must be retained on board the vessel for a period of 2 
years from the date of the last inspection of the ship radio station.
    (3) Ship radiotelegraph logs must be kept in the principal 
radiotelegraph operating room during the voyage.
    (c) Public coast station logs. Public coast stations must maintain a 
log as follows:
    (1) ``ON DUTY'' must be entered by the operator beginning a duty 
period, followed by the operator's signature. ``OFF DUTY'' must be 
entered by the operator being relieved of or terminating duty, followed 
by the operator's signature.
    (2) The date and time of making an entry must be shown opposite the 
entry.
    (3) Failure of equipment to operate as required and incidents 
tending to unduly delay communication must be entered.
    (4) All measurements of the transmitter frequency(ies) must be 
entered with a statement of any corrective action taken.
    (5) Entries must be made giving details of all work performed which 
may affect the proper operation of the station. The entry must be made, 
signed and dated by the operator who supervised or performed the work 
and, unless the operator is regularly employed on a full-time basis at 
the station, must also include the mailing address, class, serial 
number, and expiration date of the operator license.
    (6) Entries must be made about the operation of the antenna tower 
lights when the radio station has an antenna structure requiring 
illumination by part 17 of this chapter.
    (7) All distress or safety related calls transmitted or received 
must be entered, together with the frequency used and the position of 
any vessel in need of assistance.
    (8) Coast stations which maintain a watch on 500 kHz must enter the 
time this watch is begun, suspended or ended.
    (d) Ship radiotelegraph logs. Logs of ship stations which are 
compulsorily equipped for radiotelegraphy and operating in the band 90 
to 535 kHz must contain log entries as follows:
    (1) The date and time of each occurrence or incident required to be 
entered in the log must be shown opposite the entry and the time must be 
expressed in Coordinated Universal Time (UTC).
    (2) ``ON WATCH'' must be entered by the operator beginning a watch, 
followed by the operator's signature. ``OFF WATCH'' must be entered by 
the operator being relieved or terminating a watch, followed by the 
operator's signature. All log entries must be completed by the end of 
each watch.
    (3) During the watch, all calls and replies to and from the station 
must be entered to include the time, frequencies, and call letters of 
the station communicated with or heard. Also, any messages exchanged 
must be entered to include the time, frequency, and call letters of the 
station(s) communicated with or heard.
    (4) During the watch, an entry must be made twice per hour stating 
whether the international silence period was observed. Entries must also 
be made indicating any signals or communications heard on 500 kilohertz 
during this period. If no signals are heard on 500 kHz, an entry to that 
effect must be made.
    (5) The time and reason for discontinuance and the time of resuming 
the watch must be entered when the 500 kHz watch is discontinued.
    (6) All distress calls, automatic-alarm signals, urgency and safety 
signals made or intercepted, the complete text, if possible, or distress 
messages and distress communications, and any incidents or occurrences 
which may appear to be of importance to safety of life or property at 
sea, must be entered, together with the time of such observation or 
occurrence and the position of the ship or other mobile unit in need of 
assistance.

[[Page 115]]

    (7) The position of the ship at least once per day.
    (8) A daily entry must be made comparing the radio station clock 
with standard time, including errors observed and corrections made. For 
this purpose, authentic radio time signals received from land or fixed 
stations will be acceptable as standard time.
    (9) All test transmissions must be entered, including the time of 
the transmissions and the approximate geographical location of the 
vessel.
    (10) Any failure of equipment to operate as required and any 
incidents tending to unduly delay communications must be entered.
    (11) A ship required to keep a radiotelegraph watch on 500 kHz must 
meet the following:
    (i) Entries must be made of the results of tests of the emergency 
installation including transmitter antenna current, hydrometer readings 
of lead-acid storage batteries, voltage readings of other types of 
batteries, and quantity of fuel available for engine generators.
    (ii) When the vessel is in the open sea, a log entry must be made 
each time the emergency power supply is used to carry on a communication 
other than during a safety watch.
    (iii) When the vessel is in the open sea, a daily entry must be made 
showing whether the storage batteries were brought up to the normal full 
charge condition that day.
    (iv) Entries must be made stating when each storage battery is 
placed on charge or off charge.
    (v) Entries must be made about maintenance of survival craft radio 
equipment, including a record of charging of any storage batteries 
supplying power to such equipment. The record of charging must show when 
such storage battery is placed on charge and when it is taken off 
charge.
    (vi) Results of inspections and tests of survival craft radio 
equipment, prior to departure of the vessel from a harbor or port and 
weekly inspections, must be entered.
    (vii) On a cargo vessel equipped with an auto alarm, the entry 
``AUTO ALARM ON'' and the entry ``AUTO ALARM OFF'', respectively, must 
be made whenever the operator places the auto alarm in and out of 
operation. Results of the required auto alarm tests must be entered 
daily, including the minimum number of 4-second dashes from the testing 
device which were necessary to properly operate the alarm.
    (viii) On a cargo vessel equipped with an auto alarm, a log entry 
must be made whenever the auto alarm becomes inoperative. The entry must 
include a statement showing the time the operator was called to make 
repairs; the reason for the failure; parts changed; repairs; and the 
time the auto alarm was restored to service.
    (e) Ship radiotelephone logs. Logs of ship stations which are 
compulsorily equipped for radiotelephony must contain the following 
applicable log entries and the time of their occurrence:
    (1) A summary of all distress, urgency and safety traffic;
    (2) A summary of communications conducted on other than VHF 
frequencies between the ship station and land or mobile stations;
    (3) A reference to important service incidents;
    (4) The position of the ship at least once a day;
    (5) The name of the operator at the beginning and end of the watch 
period;
    (6) The time the watch begins when the vessel leaves port, and the 
time it ends when the ship reaches port;
    (7) The time the watch is discontinued, including the reason, and 
the time the watch is resumed;
    (8) The times when storage batteries provided as a part of the 
required radiotelephone installation are placed on charge and taken off 
charge;
    (9) Results of required equipment tests, including specific gravity 
of lead-acid storage batteries and voltage reading of other types of 
batteries provided as a part of the compulsory installation;
    (10) Results of inspections and tests of compulsorily fitted 
lifeboat radio equipment;
    (11) A daily statement about the condition of the required 
radiotelephone equipment, as determined by either normal communication 
or test communication;

[[Page 116]]

    (12) When the master is notified about improperly operating 
radiotelephone equipment.
    (f) Applicable radiotelephone log entries. The log entries listed in 
paragraph (e) of this section are applicable as follows:
    (1) Radiotelephony stations subject to the Communications Act, the 
Safety Convention, or the Bridge-to-Bridge Act must record entries 
indicated by paragraphs (e)(1) through (e)(12) of this section. 
Additionally, the radiotelephone log must provide an easily 
identifiable, separate section relating to the required inspection of 
the ship's radio station. Entries must be made in this section giving at 
least the following information.
    (i) For ships that pass the inspection:
    (A) The date the inspection was conducted.
    (B) The date by which the next inspection needs to completed.
    (C) The inspector's printed name, address and class of FCC license 
(including the serial number).
    (D) The results of the inspection, including any repairs made.
    (E) The inspector's signed and dated certification that the vessel 
meets the requirements of the Communications Act and, if applicable, the 
Safety Convention and the Bridge-to-Bridge Act contained in subparts Q, 
R, S, U, or W of this part and has successfully passed the inspection.
    (F) The vessel owner, operator, or ship's master's certification 
that the inspection was satisfactory.
    (ii) For ships that fail the inspection:
    (A) The date the inspection was conducted.
    (B) The inspector's printed name, address and class of FCC license 
(including the serial number).
    (C) The reason that the ship did not pass the inspection.
    (D) The date and time that the ship's owner, operator or master was 
notified that the ship failed the inspection.
    (2) Radiotelephony stations subject to the Great Lakes Agreement and 
the Bridge-to-Bridge Act must record entries indicated by paragraphs (e) 
(1), (5), (6), (7), (8), (9), (11) and (12) of this section. 
Additionally, the radiotelephone log must provide an easily 
identifiable, separate section relating to the required inspection of 
the ship's radio station. Entries must be made in this section giving at 
least the following information:
    (i) The date the inspection was conducted;
    (ii) The date by which the next inspection needs to be completed;
    (iii) The inspector's printed name, address and class of FCC license 
(including the serial number);
    (iv) The results of the inspection, including any repairs made;
    (v) The inspector's signed and dated certification that the vessel 
meets the requirements of the Great Lakes Agreement and the Bridge-to-
Bridge Act contained in subparts T and U of this part and has 
successfully passed the inspection; and
    (vi) The vessel owner, operator, or ship's master's certification 
that the inspection was satisfactory.
    (3) Radiotelephony stations subject to the Bridge-to-Bridge Act must 
record entries indicated by paragraphs (e) (1), (5), (6), (7), (11) and 
(12) of this section.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 35245, Sept. 18, 1987; 
54 FR 40059, Sept. 29, 1989; 61 FR 25807, May 23, 1996; 63 FR 29659, 
June 1, 1998]



Sec. 80.411  Vessel certification or exemption.

    (a) Application. The application procedures for inspection and 
certification and for exemptions are contained in Sec. 80.59.
    (b) Posting. Communications Act, Safety Convention and Great Lakes 
Radio Agreement certificates or exemptions must be posted in a 
prominent, accessible place in the ship. Ships subject to the Great 
Lakes Agreement may, in lieu of a posted certificate, certify compliance 
in the station log required by section 80.409(f).

[51 FR 31213, Sept. 2, 1986, as amended at 61 FR 25807, May 23, 1996]



Sec. 80.413  On-board station equipment records.

    (a) The licensee of an on-board station must keep equipment records 
which show:
    (1) The ship name and identification of the on-board station;

[[Page 117]]

    (2) The number and type of repeater and mobile units used on-board 
the vessel; and
    (3) The date and type of equipment which is added or removed from 
the on-board station.
    (b) [Reserved]



Sec. 80.415  ITU publications.

    (a) The following publications listed in the table contained in 
Sec. 80.401 are published by the International Telecommunications Union 
(ITU):
    (1) Manual for Use of the Maritime Mobile and Maritime Mobile-
Satellite Services.
    (2) List IV--List of Coast Stations.
    (3) List V--List of Ship Stations.
    (4) List VI--List of Radiodetermination and Special Services 
Stations.
    (5) List VII A--Alphabetical List of Call Signs of Stations Used by 
the Maritime Mobile Service, Ship Station Selective Call Numbers or 
Signals and Coast Station Identification Numbers or Signals.
    (b) The publications listed in paragraph (a) of this section may be 
purchased from:

International Telecommunication Union, General Secretariat--Sales 
Section, Place des Nations, CH-1211 Geneva 20, Switzerland



Sec. 80.417  FCC Rules and Regulations.

    The Commission's printed publications are described in subpart C of 
part 0 of this chapter. These publications may be purchased from the 
Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402. The Commission does not furnish copies of these 
publications but will furnish a price list, Information Services and 
Publications-Bulletin No. 1, upon request. Requests for copies of this 
list should be directed to the Office of Public Affairs, Public Service 
Division, Federal Communications Commission, Washington, DC 20554.

[51 FR 31213, Sept. 2, 1986, as amended at 60 FR 50122, Sept. 28, 1995]



                    Subpart J--Public Coast Stations

                            Stations on Land



Sec. 80.451  Supplemental eligibility requirements.

    A public coast station license may be granted to any person meeting 
the citizenship provisions of Sec. 80.15(b).



Sec. 80.453  Scope of communications.

    Public coast stations provide ship/shore radiotelephone and 
radiotelegraph services.
    (a) Public coast stations are authorized to communicate:
    (1) With any ship or aircraft station operating in the maritime 
mobile service, for the transmission or reception of safety 
communication;
    (2) With any land station to exchange safety communications to or 
from a ship or aircraft station;
    (3) With Government and non-Government ship and aircraft stations to 
exchange public correspondence;
    (4) With units on land in accordance with Sec. 80.123.
    (b) Public coast stations are authorized to communicate with a 
designated station at a remote fixed location where other communication 
facilities are not available.
    (c) Public coast stations are authorized to transmit meteorological 
and navigational information of benefit to mariners.
    (d) Each public coast telegraphy station is authorized to 
communicate with other public coast telegraphy stations to exchange 
message traffic destined to or originated at mobile stations:
    (1) To exchange operating signals, brief service messages or safety 
communication;
    (2) To exchange message traffic destined for a mobile station when 
the coast station initially concerned is unable to communicate directly 
with the mobile station;
    (3) In the Great Lakes region, to exchange message traffic 
originated at a

[[Page 118]]

mobile station when the use of available point-to-point communication 
facilities would delay the delivery of such message traffic;
    (4) Utilization of radiotelegraphy must not incur additional charges 
or replace available point-to-point communication facilities;
    (5) Only authorized working frequencies within the band 415 kHz to 
5000 kHz must be employed for communications between coast stations;
    (6) Harmful interference must not be caused to communication between 
mobile stations and coast stations or between mobile stations.

[51 FR 31213, Sept. 2, 1986, as amended at 62 FR 40307, July 28, 1997

                            Use of Telegraphy



Sec. 80.455  Assignment and use of frequencies for manual Morse code telegraphy.

    (a) The frequencies designated in Secs. 80.355 and 80.357 may be 
licensed for use by coast stations employing telegraphy.
    (b) [Reserved]



Sec. 80.459  Digital selective calling.

    Subpart H of this part lists frequencies assignable for DSC.



Sec. 80.461  Narrow-band direct-printing.

    Subpart H of this part lists the frequencies assignable to public 
coast stations for operations with ship stations. Operating procedures 
are listed in subpart C of this part.

                            Use of Telephony



Sec. 80.465  Assignment and use of frequencies for telephony.

    Subpart H of this part lists the frequencies available for 
assignment to public coast stations for telephony operations.



Sec. 80.467  Duplication of VHF service.

    No duplication of service areas as determined by subpart P of this 
part will be permitted by public coast stations operating on the same 
VHF public correspondence channel. Within the service area of a station, 
the ratio of desired to undesired co-channel signal strengths on public 
correspondence channels must be at least 12dB.



Sec. 80.469  Maritime mobile repeater stations in Alaska.

    (a) Maritime mobile repeater stations are authorized to extend the 
range of communication between a VHF public coast station located in 
Alaska and ship stations.
    (b) On a secondary basis, maritime mobile repeater stations may be 
authorized to extend the range of a private coast station:
    (1) In an area where VHF common carrier service is not available;
    (2) A maritime mobile repeater station license expires 60 days after 
a public coast station in the area begins service.
    (c) Each application for a maritime mobile repeater station must 
include a statement showing why operational fixed frequencies cannot be 
employed.
    (d) The provisions relating to duplication of service described in 
subpart P apply to maritime mobile repeater stations.
    (e) The frequencies 157.275 and 161.875 MHz are assignable to 
maritime mobile repeater stations.
    (f) Each maritime mobile repeater station must:
    (1) Deactivate automatically within 5 seconds after the signals 
controlling the station cease; and
    (2) During periods when it is not controlled from a manned control 
point, deactivate automatically not more than 20 minutes after its 
activation by a mobile unit.



Sec. 80.471  Discontinuance or impairment of service.

    A public coast station must not discontinue or impair service unless 
authorized to do so by the Commission.

[51 FR 31213, Sept. 2, 1986; 52 FR 35245, Sept. 18, 1987]

                            Automated Systems



Sec. 80.475  Scope of service of the Automated Maritime Telecommunications System (AMTS).

    (a) AMTS applicants proposing to serve inland waterways must show 
how the proposed system will provide continuity of service along more 
than 60%

[[Page 119]]

of each of one or more navigable inland waterways. Inland waterways less 
than 240 kilometers (150 miles) long must be served in their entirety. 
AMTS applicants proposing to serve portions of the Atlantic, Pacific or 
Gulf of Mexico coastline must define a substantial navigational area and 
show how the proposed system will provide continuity of service for it. 
A separate Form 503 is not required for each coast station in a system. 
However, the applicant must provide the technical characteristics for 
each proposed coast station, including transmitter type, operating 
frequencies, emissions, transmitter output power, antenna arrangement 
and location.
    (1) Applicants proposing to locate a coast station transmitter 
within 169 kilometers (105 miles) of a channel 13 television station or 
within 129 kilometers (80 miles) of a channel 10 television station or 
with an antenna height greater than 61 meters (200 feet) must submit an 
engineering study clearly showing the means of avoiding interference 
with television reception within the grade B contour. See 
Sec. 80.215(h).
    (2) Additionally, applicants required to submit the above specified 
must give written notice of the filing of such application(s) to the 
television stations which may be affected. A list of the notified 
television stations must be submitted with the subject applications.
    (b) In lieu of public correspondence service an AMTS system may 
provide private coast station communications related to the operational 
requirements of ships including transmissions of fuel, weather, position 
and supply reports. However, such communications may be provided only to 
ship stations whose licensees make cooperative arrangements with the 
AMTS coast station licensees. In emergency and distress situations, 
services must be provided without prior arrangements.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 35245, Sept. 18, 1987; 
56 FR 3783, Jan. 31, 1991]



Sec. 80.477  AMTS points of communication.

    (a) AMTS coast stations may communicate with fixed platform stations 
located in the offshore waters of the Gulf of Mexico, with ship 
stations, and with land units in accordance with Sec. 80.123.
    (b) AMTS licensees in the offshore waters of the Gulf of Mexico may 
use AMTS coast and ship station frequencies on a secondary basis for 
fixed service communications to support offshore AMTS operations.
    (c) AMTS service may be provided to any vessel within communication 
service range of an AMTS station even though the vessel may not be 
operating within the confines of a served waterway.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 35245, Sept. 18, 1987; 
62 FR 40307, July 28, 1997]



Sec. 80.479  Assignment and use of frequencies for AMTS.

    (a) The frequencies assignable to AMTS stations are listed in 
subpart H of this part. These frequencies are assignable to ship and 
public coast stations for voice, facsimile and radioteletypewriter 
communications.
    (b) [Reserved]



      Subpart K--Private Coast Stations and Marine Utility Stations



Sec. 80.501  Supplemental eligibility requirements.

    (a) A private coast station or a marine utility station may be 
granted only to a person who is:
    (1) Regularly engaged in the operation, docking, direction, 
construction, repair, servicing or management of one or more commercial 
transport vessels or United States, state or local government vessels; 
or is
    (2) Responsible for the operation, control, maintenance or 
development of a harbor, port or waterway used by commercial transport 
vessels; or is
    (3) Engaged in furnishing a ship arrival and departure service, and 
will employ the station only for the purpose of obtaining the 
information essential to that service; or is
    (4) A corporation proposing to furnish a nonprofit radio 
communication service to its parent corporation, to another subsidiary 
of the same parent, or to its own subsidiary where the party

[[Page 120]]

to be served performs any of the eligibility activities described in 
this section; or is
    (5) A nonprofit corporation or association, organized to furnish a 
maritime mobile service solely to persons who operate one or more 
commercial transport vessels; or is
    (6) Responsible for the operation of bridges, structures or other 
installations that area part of, or directly related to, a harbor, port 
or waterway when the operation of such facilities requires radio 
communications with vessels for safety or navigation; or is
    (7) A person controlling public moorage facilities; or is
    (8) A person servicing or supplying vessels other than commercial 
transport vessels; or is
    (9) An organized yacht club with moorage facilities; or is
    (10) A nonprofit organization providing noncommercial communications 
to vessels other than commercial transport vessels.
    (b) Each application for station authorization for a private coast 
station or a marine utility station must be accompanied by a statement 
indicating eligibility under paragraph (a) of this section.



Sec. 80.503  Cooperative use of facilities.

    (a) A person engaged in the operation of one or more commercial 
transport vessels or government vessels may receive maritime mobile 
service from a private coast station or a marine utility station on 
shore even though not the licensee of the private coast station or the 
marine utility station. Restrictions on cooperative arrangements are as 
follows:
    (1) Foreign persons must be the licensees of the radio stations 
installed on board their vessels.
    (2) The licensee of a private coast station or marine utility 
station on shore may install ship radio stations on board United States 
commercial transport vessels of other persons. In each case these 
persons must enter into a written agreement verifying that the ship 
station licensee has the sole right of control of the ship stations, 
that the vessel operators must use the ship stations subject to the 
orders and instructions of the coast station or marine utility station 
on shore, and that the ship station licensee will have sufficient 
control of the ship station to enable it to carry out its 
responsibilities under the ship station license.
    (b) Cooperative arrangements are limited concerning cost and charges 
as follows:
    (1) The arrangement must be established on a non-profit, cost-
sharing basis by written contract. A copy of the contract must be kept 
with the station records and made available for inspection by Commission 
representatives.
    (2) Contributions to capital and operating expenses are to be 
prorated on an equitable basis among all persons who are parties to the 
cooperative arrangement. Records which reflect the cost of the service 
and its nonprofit, cost-sharing nature must be maintained by the 
licensee of the station and made available for inspection by Commission 
representatives.



Sec. 80.505  Points of communication.

    (a) Private coast stations and marine utility stations are 
authorized to communicate:
    (1) With any mobile station in the maritime mobile service for the 
exchange of safety communications;
    (2) With any land station for the purpose of aiding the exchange of 
safety communications;
    (3) With ship stations.
    (b) Private coast stations of the same licensee may be authorized to 
communicate on a secondary basis between themselves if:
    (1) The communications are confined exclusively to those for which 
authority has been granted the coast station, and concerns ships with 
which one or both of the coast stations are authorized to communicate; 
and
    (2) Other satisfactory point-to-point communication facilities 
between the coast stations are unavailable; and
    (3) Coast stations which communicate with each other are not more 
than 160 km (100 miles) apart; and
    (4) Harmful interference is not cause to mobile stations.
    (c) A private coast station and associated marine utility stations 
serving

[[Page 121]]

and located on a shipyard regularly engaged in construction or repair of 
commercial transport vessels or Government vessels are authorize to 
communicate between stations when they are licensed to the same entity 
and communications are limited to serving the needs of ships on a non-
interference basis to other stations in the maritime mobile service. A 
separate showing is required.



Sec. 80.507  Scope of service.

    (a) A private coast station or marine utility station using 
telephony serves the operational and business needs of ships including 
the transmission of safety communication.
    (b) In areas where environmental communications are provided by U.S. 
Government stations or by public coast stations, private coast stations 
and marine utility stations on shore must not duplicate that service. In 
other areas, private coast stations and marine utility stations on shore 
may transmit weather and hydrographic information required for the ships 
with which they normally communicate. Private coast stations may provide 
environmental communication service in areas where adequate service is 
not available.
    (c) Each marine utility station on shore must be operated as a 
private coast station except that it may be operated at temporary 
unspecified locations. Marine utility stations on ships are operated as 
ship stations.
    (d) Each private coast station is authorized by rule to use hand-
held marine radios in the vicinity of the station's fixed transmitter 
site on those frequencies assigned to the private coast station. Hand-
held communications must conform to those normally permitted under a 
marine utility station authorization and must be limited to contact with 
the associated private coast station and ship stations in the vicinity 
of the private coast station.

[51 FR 31213, Sept. 2, 1986, as amended at 62 FR 40307, July 28, 1997]



Sec. 80.509  Frequency assignment.

    Frequencies assignable to private coast stations and marine utility 
stations are listed in subpart H.



Sec. 80.511  Assignment limitations.

    (a) Only one port operation, one commercial and one non-commerical 
frequency will be assigned to a private coast station or marine utility 
station. Applications for authority to use more than one frequency in 
any one of the above three categories must include a showing of need as 
specified below.
    (b) An application for an additional frequency by a person who 
services vessels, must include a description of the vessels with which 
communication is planned and a statement that the applicant has personal 
knowledge that the ship radio stations are not capable of operating on 
working frequencies already assigned to the coast station.
    (c) An application for an additional frequency based on congestion 
of the assigned frequency must show that for any four periods of 5 
consecutive days each, in the preceeding 6 months, the assigned 
frequency was in use at least 25 percent of the time during 3 hours of 
daily peak activity. If the application for an additional frequency is 
based on the congestion by other nearby stations, the showing must 
include the call signs and locations of such stations.



Sec. 80.513  Frequency coordination.

    (a) Except as provided in paragraphs (b) and (c) of this section 
each application for a new VHF private coast station license or 
modification of an existing license to be located in an area having a 
recognized frequency coordinating committee must be accompanied by:
    (1) A report based on a field study, indicating the degree of 
probable interference to existing stations operating in the same area. 
The applicant must consider all stations operating on the working 
frequency or frequencies requested or assigned within 80 km (50 miles) 
of the proposed station location, and
    (2) The report must include a statement that all existing licensees 
on the frequency within 80 km (50 miles) and the frequency coordinating 
committee have been notified of the applicant's intention to file an 
application. The notice of intention to file must provide

[[Page 122]]

the licensees concerned and the advisory committee with the following 
information: The frequency and emission; transmitter location and power; 
and the antenna height proposed by the applicant.
    (b) Applications for modification need not be accompanied by the 
field study where the modification does not involve any change in 
frequency(ies), power, emission, antenna height, antenna location or 
area of operation.
    (c)(1) In lieu of the field study, a statement from a frequency 
coordinating committee may be submitted with the application. The 
committee must comment on the requested frequency or the proposed 
changes in the authorized station and give an opinion regarding the 
probable interference to existing stations. The committee must consider 
all stations operating on the requested frequency within 80 km (50 
miles) of the proposed station location. The frequency coordinating 
committee statement must also recommend a frequency which will result in 
the least amount of interference to proposed and existing stations. 
Committee recommendations may also include comments on technical factors 
and may recommend restrictions to minimize interference.
    (2) A frequency coordinating committee must be representative of all 
persons who are eligible for VHF private coast stations within the 
service area of the recognized frequency coordinating committee. A 
statement of organization, service area and composition of the committee 
must be submitted to the Commission for approval. The functions of any 
coordinating committee are purely advisory to the applicant and the 
Commission. Its recommendations are not binding upon either the 
applicant or the Commission.



Sec. 80.514  Marine VHF frequency coordinating committee(s).

    This section contains the names of organizations that have been 
recognized by the Commission to serve as marine VHF frequency 
coordinating committees for their respective areas. For frequency 
advisory committee mailing address information, write or call: FCC, 
Wireless Telecommunications Bureau, Customer Services Division, Consumer 
Assistance Branch, Gettysburg, PA 17326. Phone: 800-322-1117.
    (a) The Southern California Marine Radio Council serves the 
California counties of Santa Barbara, Kern, San Bernardino, Ventura, Los 
Angeles, Orange, Riverside, San Diego, Imperial and the Channel Islands.
    (b) The North Pacific Marine Radio Council serves the following 
counties in the State of Washington: Clallam, Island, Jefferson, King, 
Kitsap, Mason, Pierce, San Juan, Skagit, Snohomish, Thurston, and 
Whatcom.

[52 FR 35246, Sept. 18, 1987, as amended at 56 FR 6583, Feb. 19, 1991; 
60 FR 50122, Sept. 28, 1995]



Sec. 80.515  Limitations on use.

    A private coast station or marine utility station using telephony 
must:
    (a) Not be used for public correspondence;
    (b) Not be used to transmit program material for radio broadcasting; 
and
    (c) Not be used to transmit press material or news items which are 
not required to serve the needs of ships.



Sec. 80.517  Time limitation on communication.

    All communication engaged in by private coast stations and marine 
utility stations must be limited to the minimum practicable transmission 
time. Each station licensee must employ standardized operating practices 
and procedures.



Sec. 80.519  Station identification.

    (a) Stations must identify transmissions by announcing in the 
English language the station's assigned call sign. In lieu of the 
identification of the station by voice, the official call sign may be 
transmitted by tone-modulated telegraphy in international Morse Code 
manually or by means of an automatic device approved by the Commission. 
Transmissions on the navigation frequency (156.650 MHz) by stations on 
drawbridges may be identified by use of the name of the bridge in lieu 
of the call sign. Identification must be made:
    (1) At the beginning and end of each exchange of communications and;

[[Page 123]]

    (2) At intervals not exceeding 15 minutes whenever transmissions or 
communications are sustained for more than 15 minutes.
    (b) Marine utility stations, private coast stations, and associated 
hand-held radios, when exchanging communications, may be identified by a 
unit identifier in lieu of the call sign. Identification by transmission 
of the assigned call sign must be at the end of the exchange or at least 
once every 15 minutes.

[51 FR 31213, Sept. 2, 1986, as amended at 62 FR 40308, July 28, 1997]



                  Subpart L--Operational Fixed Stations



Sec. 80.551  Applicability.

    This subpart contains rules applicable to operational fixed 
stations.



Sec. 80.553  Supplemental eligibility requirements.

    An applicant for an operational fixed station must show that:
    (a) The applicant is the licensee of a coast station;
    (b) Other suitable telecommunications facilities are not available 
to satisfy coast station requirements.



Sec. 80.555  Scope of communication.

    An operational fixed station provides control, repeater or relay 
functions for its associated coast station.



Sec. 80.557  Assignment and use of frequencies.

    The specific frequencies for these stations are listed in subpart H 
of this part.



Sec. 80.559  Licensing limitations.

    Operational fixed stations are subject to the following licensing 
limitations:
    (a) A maximum of four frequencies will be assigned.
    (b) Stations will not be authorized when applications indicate less 
than 16 km (10 miles) separation between a proposed station and a TV 
transmitter operating on either Channel 4 or 5, or from the post office 
of a community in which either channel is assigned but not in operation.
    (c) Stations located between 16 km (10 miles) and 128 km (80 miles) 
of a TV transmitter operating on either Channel 4 or 5, or from the post 
office of a community in which either channel is assigned but not in 
operation, are secondary to TV operations within the Grade B service 
contour.\1\
---------------------------------------------------------------------------

    \1\ OET Bulletin No. 67, March 1988, entitled ``Potential 
Interference from Operational Fixed Stations in the 72-76 MHz Band to 
Television Channels 4 and 5'' describes an analytical model that can be 
used to calculate the potential interference that might result from a 
given fixed station operation. Copies of the bulletin may be obtained 
from the Commission's current duplication contractor. Information 
concerning the current duplication contractor may be obtained from the 
Office of Public Affairs, Consumer Assistance and Small Business 
Division, Telephone (202) 632-7000.

[51 FR 31213, Sept. 2, 1986; 51 FR 34984, Oct. 1, 1986; as amended at 54 
FR 40059, Sept. 29, 1989]



          Subpart M--Stations in the Radiodetermination Service



Sec. 80.601  Scope of communications.

    Stations on land in the Maritime Radiodetermination Service provide 
a radionavigation or radiolocation service for ships.



Sec. 80.603  Assignment and use of frequencies.

    The frequencies available for assignment to shore radionavigation/
radiolocation stations are contained in subpart H of this part.



Sec. 80.605  U.S. Coast Guard coordination.

    (a) Radionavigation coast stations operated to provide information 
to aid in the movement of any ship are private aids to navigation. 
Before submitting an application for an radionavigation station, an 
applicant must obtain written permission from the cognizant Coast Guard 
District Commander at the area in which the device will be located. 
Documentation of the Coast Guard approval must be submitted with the 
application.
    Note: Surveillance radar coast stations do not require U.S. Coast 
Guard approval.

[[Page 124]]

    (b) Applications for certification of coast and ship station 
transponders must include a description of the technical characteristics 
of the equipment including the scheme of interrogation and the 
characteristics of the transponder response. When a certification 
application in submitted to the Commission a copy of such application 
must be submitted concurrently to: Commandant (G-TTS-3), U.S. Coast 
Guard, Washington, DC 20593.
    (c) Prior to submitting an application for a non-selectable 
transponder coast station license in the 2920-3100 MHz or 9320-9500 MHz 
band the applicant must submit a letter requesting written approval of 
the proposed station to the cognizant Coast Guard District Commander of 
the area in which the device will be located. The letter must include:
    (1) The necessity for the station;
    (2) The latitude and longitude of its position;
    (3) The transponder antenna height above sea level;
    (4) The antenna azimuth response (angle of directivity);
    (5) The manufacturer and model number of the transponder;
    (6) The identifying Morse character for transponders used as racons;
    (7) The name and address of the person responsible for the operation 
and maintenance of the station;
    (8) The time and date during which it is proposed to operate the 
station; and
    (9) The maximum station e.i.r.p. if it would exceed 5 watts.
    A copy of the request and the U.S. Coast Guard approval must be 
submitted to the Commission with the station license application.
    (d) Prior to submitting an application for a non-selectable 
transponder ship station license in the 2920-3100 MHz or 9320-9500 MHz 
band the applicant must submit a letter requesting approval of the 
proposed station to: Commandant (G-NSR), U.S. Coast Guard, Washington, 
DC 20593. The letter must include the name, address and telephone number 
of a person or a point of contact responsible for the operation of the 
device, the specific need for the station, the name of the associated 
ship, the area in which the transponder will be used, and the hours of 
operation. A copy of the request and the U.S. Coast Guard approval must 
be submitted to the Commission with the station license application.

[52 FR 7419, Mar. 11, 1987, as amended at 63 FR 36607, July 27, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 80.605, 
paragraph (b) was amended by removing the term ``type acceptance'' each 
place it appears and adding in its place ``certification'', effective 
Oct. 5, 1998.



                  Subpart N--Maritime Support Stations



Sec. 80.651  Supplemental eligibility requirements.

    (a) An applicant for a maritime support station must demonstrate a 
requirement for training personnel associated with the maritime service 
or for the testing, demonstration or maintenance of ship or coast radio 
equipment.
    (b) [Reserved]



Sec. 80.653  Scope of communications.

    (a) Maritime support stations are land stations authorized to 
operate at permanent locations or temporary unspecified locations.
    (b) Maritime support stations are authorized to conduct the 
following operations:
    (1) Training of personnel in maritime telecommunications;
    (2) Transmissions necessary for the test and maintenance of maritime 
radio equipment at repair shops and at temporary unspecified locations;
    (3) Transmissions necessary to test the technical performance of the 
licensee's public coast station(s) radiotelephone receiver(s); and
    (4) Transmissions necessary for radar/racon equipment demonstration.

[51 FR 31213, Sept. 2, 1986, as amended at 62 FR 40308, July 28, 1997]



Sec. 80.655  Use of frequencies.

    (a) The frequencies available for assignment to maritime support 
stations are described or listed in:
    (1) Section 80.373 for scope of communications described in 
Sec. 80.653(b)(1);
    (2) Sections 80.373 and 80.385 for scope of communications described 
in Sec. 80.653(b)(2); and

[[Page 125]]

    (3) Section 80.389 for scope of communications described in 
Sec. 80.653 (b)(3) and (4).
    (b) Frequencies must be used only on a secondary, non-interference 
basis to operational maritime communications.
    (c) Use of frequencies assigned to services other than the maritime 
radiolocation service is limited to one hour per twenty four hour 
period.

[51 FR 31213, Sept. 2, 1986, as amended at 52 FR 35245, Sept. 18, 1987]



Sec. 80.659  Technical requirements.

    The authorized frequency tolerance, class of emission, bandwidth, 
and transmitter power for maritime support stations are contained in 
subpart E of this part under the category associated with the intended 
use except for power limitations imposed upon stations operating within 
the scope of Sec. 80.653(b)(3), which are further limited by the 
provisions of Sec. 80.215(f).



                    Subpart O--Alaska Fixed Stations



Sec. 80.701  Scope of service.

    There are two classes of Alaska Fixed stations. Alaska-public fixed 
stations are common carriers, open to public correspondence, which 
operate on the paired duplex channels listed in subpart H of this part. 
Alaska-private fixed stations may operate on simplex frequencies listed 
in subpart H of this part to communicate with other Alaska private fixed 
stations or with ship stations, and on duplex frequencies listed in 
subpart H of this part when communicating with the Alaska-public fixed 
stations. Alaska-private fixed stations must not charge for service, 
although third party traffic may be transmitted. Only Alaska-public 
fixed stations are authorized to charge for communication services.



Sec. 80.703  Priority of distress and other signals.

    Alaska-public fixed stations, when operating on an authorized 
carrier frequency which is also used by the maritime mobile service, 
must give priority to distress, urgency or safety signals, or to any 
communication preceded by one of these signals.



Sec. 80.705  Hours of service of Alaska-public fixed stations.

    Each Alaska-public fixed station whose hours of service are not 
continuous must not suspend operations before having concluded all 
communications of an emergency nature.



Sec. 80.707  Cooperative use of frequency assignments.

    (a) Only one Alaska-public fixed station will be authorized to serve 
any area whose point-to-point communication needs can be adequately 
served by a single radio communication facility.
    (b) Each radio channel authorized for use by an Alaska-private fixed 
station is available on a shared basis only. All station licensees must 
cooperate in the use of their respective frequency assignments to 
minimize interference.



Sec. 80.709  Frequencies available.

    Frequencies assignable to Alaska fixed stations are listed in 
subpart H of this part.



Sec. 80.711  Use of U.S. Government frequencies.

    Alaska-public fixed stations may be authorized to use frequencies 
assigned to U.S. Government radio stations for communications with 
Government stations or for coordination of Government activities.



  Subpart P--Standards for Computing Public Coast Station VHF Coverage



Sec. 80.751  Scope.

    This subpart specifies receiver antenna terminal requirements in 
terms of power, and relates the power available at the receiver antenna 
terminals to transmitter power and antenna height and gain. It also sets 
forth the co-channel interference protection that VHF public coast 
station geographic area licensees must provide to incumbents.

[63 FR 40065, July 27, 1998]



Sec. 80.753  Signal strength requirements at the service area contour.

    (a) The requirements for reception by a marine VHF shipboard 
receiver are satisfied if the field strength from the

[[Page 126]]

coast station, calculated in accordance with Sec. 80.771 is at least +17 
dBu above one microvolt.
    (b) These field strengths, voltages and powers at the receiver input 
are equivalent:
    (1) -132 dBW (decibels referred to 1 watt).
    (2) 1.8 microvolts across 50 ohms.
    (3) +17 dBu (decibels referred to 1 microvolt per meter).
    (4) 7 microvolts per meter.



Sec. 80.755  Applicability.

    Applications for maritime frequencies in the 156-162 MHz band must 
include a map showing the proposed service area contour. The service 
area contour must be computed in accordance with the following 
procedures.



Sec. 80.757  Topographical data.

    (a) In the preparation of profile graphs and in determining the 
location and height above sea level of the antenna site, the elevations 
or contour intervals must be taken from U.S. Geological Survey 
topographic quadrangle maps, U.S. Army Corps of Engineers maps or 
Tennessee Valley Authority maps, whichever is the latest, for all areas 
for which maps are available. If such maps are not published for the 
area in question, the next best topographic information must be used. 
The maps used must include the principal area to be served. U.S. 
Geological Survey topographic quadrangle maps may be obtained from the 
Eastern Distribution Branch, U.S. Geological Survey, 1200 South Eads 
Street, Arlington, VA 22202, for maps of areas east of the Mississippi 
River, including Minnesota, Puerto Rico, and the Virgin Islands, and 
from the Western Distribution Branch, U.S. Geological Survey, Federal 
Center, Denver CO 80225, for maps of areas west of the Mississippi 
River, including Alaska, Hawaii, Louisiana, Guam and American Samoa. 
Sectional aeronautical charts are available from the Distribution 
Division, National Ocean Service, Riverdale, MD 20840.
    (b) In lieu of maps, the average terrain elevation may be computer 
generated, using elevations from a 30 second point or better topographic 
data file such as those available for the U.S. Geological Survey's 
National Geographic Information Center or the National Oceanic and 
Atmospheric Administration's National Geophysical Data Center. In case 
of dispute maps will be used to determine the correct value.



Sec. 80.759  Average terrain elevation.

    (a)(1) Draw radials from the antenna site for each 45 degrees of 
azimuth starting with true north. Any such radial which extends entirely 
over land from the antenna site to the point of +17 dBu field strength 
need not be drawn.
    (2) If the distance from the antenna site to the point of +17 dBu 
field strength between any of the 45 degrees radials would be less than 
the distances calculated along these radials, an additional radial 
between such adjacent radials must be plotted and calculations made in 
each case. Each additional radial must be that radial along which it 
appears by inspection that transmission loss would be greatest.
    (b) Draw a circle of 16 km (10 statute mile) radius using the 
antenna site as the center. Divide each radial into 320 meter (0.2 
statute mile) increments inside the circumference to the 3.2 km (2 
statute mile) point.
    (c) Calculate the height above sea level of each 320 meter (0.2 
statute mile) division by interpolating the contour intervals of the 
map, and record the value.
    (d) Average the values by adding them and dividing by the number of 
readings along each radial.
    (e) Calculate the height above average terrain by averaging the 
values calculated for each radial.

[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 44953, Aug. 25, 1993]



Sec. 80.761  Conversion graphs.

    The following graphs must be employed where conversion from one to 
the other of the indicated types of units is required.
    (a) Graph 1. To convert effective radiated power in watts to dBk or 
to dBW, find the power in watts on the horizontal axis. Move vertically 
along the line representing the power to the diagonal line. Move 
horizontally from the diagonal to the right side to read dBW and to the 
left to read dBk.

[[Page 127]]

    (b) Graph 2. To convert microvolts across 50 ohms to received power 
in dBW, find the signal in microvolts on the horizontal axis. Move 
vertically to the diagonal line, then move right horizontally to read 
dBW.
[GRAPHIC] [TIFF OMITTED] TC02AP91.002


[[Page 128]]


[GRAPHIC] [TIFF OMITTED] TC02AP91.003

    (c) Graph 3. To convert received power in dBW to field intensity in 
dBu find the received power in dBW on the horizontal axis. Move 
vertically to the diagonal line, then move right horizontally to read 
dBu.

[[Page 129]]

[GRAPHIC] [TIFF OMITTED] TC02AP91.004



Sec. 80.763  Effective antenna height.

    The effective height of the antenna is the vertical distance between 
the center of the radiating system above the mean sea level and the 
average terrain elevation.

[[Page 130]]



Sec. 80.765  Effective radiated power.

    Effective radiated power is used in computing the service area 
contour. The effective radiated power is derived from the transmitter 
output power, loss in the transmission system including duplexers, 
cavities, circulators, switches and filters, and the gain relative to a 
half-wave dipole of the antenna system.



Sec. 80.767  Propagation curve.

    The propagation graph, Sec. 80.767 Graph 1, must be used in 
computing the service area contour. The graph provides data for field 
strengths in dBu for an effective radiated power of 1 kW, over sea 
water, fresh water or land (smooth earth); transmitting antena heights 
of 4,800, 3,200, 1,600, 800, 400, 200, and 100 feet; based on a 
receiving antenna height of 9 meters (30 feet), for the 156-162 MHz 
band. The use of this is described in this section.
    (a) Calculate the effective radiated power of the coast station, Ps 
in dB referred to 1 kW (dBk), as follows:
[GRAPHIC] [TIFF OMITTED] TC02AP91.005

where,
Pt=Transmitter output power in dB referred to 1 kW: Transmitter output 
power in watts is converted to dBk by Pt=10 [log10 (Power in watts)]-30. 
Also see Sec. 80.761 Graph 1 for a conversion graph.
G=Antenna gain in dB referred to a standard half-wave dipole, in the 
direction of each plotted radial, and
L=Line losses between the transmitter and the antenna, in dB.
    Notes: 1. To determine field strengths where the distance is known, 
for effective radiated powers other than 1kW (0 dBk): Enter the graph 
from the ``statute miles'' scale at the known distance, read up to 
intersection with the curve for the antenna height, read left to the 
``dBu for 1 kW radiated'' scale and note the referenced field strength 
(Fe). The value of the actual field strength (F) in dBu will be F=Fe+Ps 
where Ps is the effective radiated power calculated above.
    2. To determine distance, where the actual field strength is 
specified, for effective radiated powers other than 0 dBk: The value of 
the field referenced strength will be Fe=F-Ps in dBu. Enter the graph, 
from the ``dBu for 1 kW radiated'' scale at the corrected value of Fe, 
read right to intersection with the antenna height, read down to 
``statute miles'' scale.
    (b) Determine the antenna height. For antenna heights between the 
heights for which this graph is drawn, use linear interpolation; assume 
linear height-gain for antennas higher than 4,800 feet.
    (c) For receiver antenna heights lower than 9 meters (30 feet), 
assume that the field strength is the same as at 9 meters (30 feet).
    (d) Assume that propagation over fresh water or over land is the 
same as that over sea water.

[[Page 131]]

[GRAPHIC] [TIFF OMITTED] TC02AP91.006



Sec. 80.769  Shadow loss.

    Where the transmission path is obstructed the received signal must 
be adjusted to include shadow loss. Attenuation due to shadowing must be 
taken from Sec. 80.769 Graph 1, as follows:
    (a) Inspect the map(s) to determine if a hill(s) obstructs an 
imaginary line of

[[Page 132]]

sight (dashed line on illustrative profiles of Sec. 80.769 Graph 1 from 
the average terrain elevation at the coast station antenna to the water 
level at the ship location. If average terrain elevation exceeds the 
actual ground elevation at the antenna site, the latter elevation must 
be used as the average terrain elevation.
    (b) If a hill appears to obstruct the radio path, plot the antenna 
site elevation, the obstruction elevation and the height of the ship 
station on rectangular coordinate paper using elevation above mean sea 
level as the vertical scale and distance in statute miles as the 
horizontal scale. Then draw a straight line between the antenna and the 
ship.
    (c) If a hill obstructs the imaginary line of sight, determine its 
height (H) above the imaginary line and its distance (D) from either the 
coast or ship station, whichever is nearer, as illustrated by examples 
``A'' and ``B'' on Graph 1.
    (d) Read the shadow loss from this Graph 1 and subtract that loss 
from the computed received signal.
    (e) Where more than one hill obstructs the transmission path, 
determine the height and position of a single equivalent hill, as 
illustrated by example ``C'' on this graph. Read the shadow loss from 
this graph for the equivalent hill.

[[Page 133]]

[GRAPHIC] [TIFF OMITTED] TC02AP91.007



Sec. 80.771  Method of computing coverage.

    Compute the +17 dBu contour as follows:
    (a) Determine the effective antenna height above mean sea level 
according to the procedures in Secs. 80.757-80.761.
    (b) Determine the effective radiated power according to Sec. 80,765. 
Determine

[[Page 134]]

for each radial the distance from the antenna site to the +17 dBu point 
of field strength using procedures of Secs. 80.765 and 80.767.
    (c) Plot on a suitable map each point of +17 dBu field strength for 
all radials and draw the contour by connecting the adjacent points by a 
smooth curve.



Sec. 80.773  Co-channel interference protection.

    (a) Where a VHF public coast station geographic area licensee shares 
a frequency with an incumbent VHF public coast station licensee, the 
ratio of desired to undesired signal strengths must be at least 12 dB 
within the service area of the station.
    (b) Where a VHF public coast station geographic area licensee shares 
a frequency with an incumbent private land mobile radio licensee, the 
VHF public coast station geographic area licensee must provide at least 
10 dB protection to the PLMR incumbent's predicted 38 dBu signal level 
contour. The PLMR incumbent's predicted 38 dBu signal level contour is 
calculated using the F(50, 50) field strength chart for Channels 7-13 in 
Sec. 73.699 (Fig. 10a) of this chapter, with a 9 dB correction factor 
for antenna height differential, and is based on the licensee's 
authorized effective radiated power and antenna height-above-average-
terrain.

[63 FR 40065, July 27, 1998]



  Subpart Q--Compulsory Radiotelegraph Installations for Vessels 1600 
                               Gross Tons

                          Stations on Shipboard



Sec. 80.801  Applicability.

    The radiotelegraph requirements of Part II of Title III of the 
Communications Act apply to all passenger ships irrespective of size and 
cargo ships of 1600 gross tons and upward. The Safety Convention applies 
to such ships on international voyages. These ships are required to 
carry a radiotelegraph installation complying with this subpart.



Sec. 80.802  Inspection of station.

    (a) Every ship of the United States subject to Part II of Title III 
of the Communications Act or Chapter IV of the Safety Convention 
equipped with a radiotelegraph installation must have the required radio 
equipment inspected by an FCC-licensed technician holding a Second Class 
Radiotelegraph Operator's Certificate, or First Class Radiotelegraph 
Operator's Certificate once every 12 months. If the ship passes the 
inspection the technician will issue a Cargo Ship Safety Radio 
Certificate. Cargo Ship Safety Radio Certificates may be obtained from 
the Commission's National Call Center--(888) 225-5322--or from its Forms 
contractor.
    (1) The effective date of ship safety certificates is the date the 
station is found to be in compliance or not later than one business day 
later.
    (2) At inspection, the minimum field strength capability of the main 
installation and reserve installation when connected to the main antenna 
may be shown by the licensee by one of the following methods:
    (i) Producing a record of communications on 500 kHz over a minimum 
distance of 370 kilometers (200 nautical miles) for the main 
installation and 185 kilometers (100 nautical miles) for the reserve 
installation which demonstrates the transmission and reception of 
clearly perceptible signals from ship to ship by day and under normal 
conditions and circumstances, or
    (ii) Provide documentation by a professional engineer, or a person 
holding a first or second class radiotelegraph operator's certificate, 
or a general radiotelephone operator license, that the installation 
produces at 1.85 kilometers (one nautical mile) a minimum field strength 
of thirty (30) millivolts per meter for the main installation and ten 
(10) millivolts per meter for the reserve installation. The licensee 
shall provide, at a minimum, the name and license number of the 
individual making the measurements or record of communications.
    (b) Certificates issued in accordance with the Safety Convention 
must be posted in a prominent and accessible place in the ship.

[51 FR 31213, Sept. 2, 1986, as amended at 57 FR 26779, June 16, 1992; 
63 FR 29960, June 1, 1998]

[[Page 135]]



Sec. 80.804  Radio station.

    The required radio station must comply with the provisions of this 
subpart in addition to all other applicable requirements of this part. 
The radio station consists of a radiotelegraph station and a ship radar 
station. The radiotelegraph station comprises a main and a reserve 
radiotelegraph installation, electrically separate and electrically 
independent of each other except as otherwise provided in paragraph (b) 
of Sec. 80.805, a radiotelephone installation and such other equipment 
as may be necessary for the proper operation of these installations. The 
ship radar station comprises a radar installation and such other 
equipment and facilities as may be necessary for its proper operation.



Sec. 80.805  Radio installations.

    (a) The main radiotelegraph installation includes a main 
transmitter, a main receiver, a main power supply, a main antenna system 
and a 2182 kHz radiotelephone distress frequency watch receiver.
    (b) The reserve radiotelegraph installation includes a reserve 
transmitter, a reserve receiver, a reserve power supply, emergency 
electric lights and reserve antenna system: except that:
    (1) In installations on cargo ships of 300 gross tons and upwards 
but less than 1,600 gross tons, and in installations on cargo ships of 
1,600 gross tons and upwards installed prior to November 19, 1952, if 
the main transmitter complies with all the requirements for the reserve 
transmitter, the latter may be omitted.
    (2) A cargo ship the keel of which was laid prior to June 1, 1954, 
may either be equipped with a reserve antenna or provided a spare 
antenna consisting of a single-wire transmitting antenna (including 
suitable insulators) completely assembled for immediate installation.
    (c) The medium frequency radiotelephone installation includes a 
radiotelephone transmitter, a radiotelephone receiver and an appropriate 
antenna system.



Sec. 80.806  Requirements of main installation.

    All main radiotelegraph installations must meet the following 
requirements:
    (a) The main antenna must be installed and protected to ensure 
proper operation of the station. Effective October 14, 1986, the main 
antenna energized by the main transmitter on the frequency 500 kHz must 
produce at one nautical mile a minimum field strength of thirty (30) 
millivolts per meter. If the main antenna is suspended between masts or 
other supports liable to whipping, a safety link must be installed 
which, under heavy stress, will reduce breakage of the antenna, the 
halyards, or any other antenna-supporting elements.
    (b) The main transmitter must be capable of meeting the requirements 
of Sec. 80.253.
    (c) The main receiver must efficiently receive A1A and A2A emission 
on all frequencies within the bands 100-200 kHz and 405-535 kHz. It must 
have headphones capable of effective operation. The main receiver must 
have sufficient sensitivity to effectively operate headphones or a 
loudspeaker when the receiver input is 50 microvolts.
    (d) The main power supply must simultaneously (1) energize the main 
transmitter at its required antenna power, and the main receiver, (2) 
charge at any required rate all batteries forming part of the 
radiotelegraph station, and (3) charge the main power supply for this 
purpose at all times including times of inspection. Under this load 
condition the voltage of the main power supply at the radio room 
terminals must not deviate from its rated value by more than 10 percent 
on vessels completed on or after July 1, 1941, nor by more than 15 
percent on vessels completed before that date. While at sea, batteries 
forming part of the main installation must be fully charged daily.
    (e) To measure voltage(s) of the main power supply at its radio room 
terminals, voltmeter(s) must be permanently installed in the 
radiotelegraph operating room.
    (f) The main installation must be provided with a device permitting 
changeover from transmission to reception and vice versa without manual 
switching.
    (g) The main installation must be capable of being quickly connected 
with

[[Page 136]]

and tuned to the main antenna and the reserve antenna if one is 
installed.



Sec. 80.807  Requirements of radiotelephone installation.

    All radiotelephone installations in radiotelegraph equipped vessels 
must meet the following conditions.
    (a) The radiotelephone transmitter must be capable of transmission 
of A3E or H3E emission on 2182 kHz and must be capable of transmitting 
clearly perceptible signals from ship to ship during daytime, under 
normal conditions over a range of 150 nautical miles when used with an 
antenna system in accordance with paragraph (c) of this section. The 
transmitter must:
    (1) Have a duty cycle which allows for transmission of the 
radiotelephone alarm signal described in Sec. 80.221.
    (2) Provide 25 watts carrier power for A3E emission or 60 watts peak 
power on H3E emission into an artificial antenna consisting of 10 ohms 
resistance and 200 picofarads capacitance or 50 ohms nominal impedance 
to demonstrate compliance with the 150 nautical mile range requirement.
    (3) Have a visual indication whenever the transmitter is supplying 
power to the antenna.
    (4) Have a two-tone alarm signal generator that meets Sec. 80.221.
    (5) The radiotelephone transmitter required by this paragraph may be 
contained in the same enclosure as the receiver required by paragraph 
(b) of this section. Additionally, these transmitters may have the 
capability to transmit J3E emissions.
    (b)(1) The radiotelephone receiver must receive A3E and H3E 
emissions when connected to the antenna system specified in paragraph 
(c) this section and must be preset to 2182 kHz. The receiver must 
additionally:
    (i) Provide an audio output of 50 milliwatts to a loudspeaker when 
the RF input is 50 microvolts. The 50 microvolt input signal must be 
modulated 30 percent at 400 Hertz and provide at least a 6 dB signal-to-
noise ratio when measured in the rated audio bandwidth.
    (ii) Be equipped with one or more loudspeakers capable of being used 
to maintain a watch on 2182 kHz at the principal operating position or 
in the room from which the vessel is normally steered.
    (2) The receiver required by Sec. 80.805 may be used instead of this 
receiver. If the watch is stood at the place from which the ship is 
normally steered, a radiotelephone distress frequency watch receiver 
must be used for this purpose.
    (3) This receiver may be contained in the same enclosure as the 
transmitter required by paragraph (a) of this section. Additionally, 
these receivers may have the capability to receive J3E emissions.
    (c) The antenna system must be as nondirectional and efficient as is 
practicable for the transmission and reception of radio ground waves 
over seawater. The installation and construction of the required antenna 
must ensure, insofar as is practicable, proper operation in time of 
emergency. If the required antenna is suspended between masts or other 
supports subject to whipping, a safety link must be installed which 
under heavy stress will reduce breakage of the antenna, the halyards, or 
any other supporting elements.
    (d) The radiotelephone installation must be provided with a device 
for permitting changeover from transmission to reception and vice versa 
without manual switching.
    (e) An artificial antenna must be provided to permit weekly checks, 
without causing interference, of the automatic device for generating the 
radiotelephone alarm signal on frequencies other than the radiotelephone 
distress frequency.
    (f) The radiotelephone installation must be located in the 
radiotelegraph operating room or in the room from which the ship is 
normally steered.
    (g) Demonstration of the radiotelephone installation may be required 
by Commission representatives to show compliance with applicable 
regulations.
    (h) The radiotelephone installation must be protected from excessive 
currents and voltages.
    (i) The radiotelephone installation must be maintained in an 
efficient condition.

[[Page 137]]



Sec. 80.808  Requirements of reserve installation.

    (a) All reserve radiotelegraph installations must comply with the 
following conditions, in addition to all other requirements:
    (1) The reserve installation must be capable of being placed in 
operation within a maximum time of 1 minute.
    (2) The reserve antenna must be installed and protected to ensure 
proper operation in time of an emergency.
    (3) Effective October 14, 1986, the main antenna energized by the 
reserve transmitter on 500 kHz must produce at one nautical mile a 
minimum field strength of ten (10) millivolts per meter.
    (4) The reserve transmitter must meet the requirements of 
Sec. 80.255.
    (5) The reserve receiver must receive A1A and A2B emissions on all 
frequencies within the band 405-535 kHz. It must have headphones. 
Additionally a loudspeaker may be provided for use in accordance with 
the provisions of Sec. 80.313. The reserve receiver must be able to 
operate headphones or a loudspeaker when the receiver RF input is 100 
microvolts.
    (6) The reserve installation must be capable of being quickly 
connected with and tuned to the main antenna, and the reserve antenna if 
one is installed.
    (7) Emergency electric lights, energized solely by the reserve power 
supply and connected to it through individual fuses must be provided. 
The emergency electric lights must illuminate the operating controls of 
the main and reserve radiotelegraph installations and the radio station 
clock. The emergency lighting circuits must avoid excessive voltage to 
the emergency lights during the charging of any batteries forming part 
of the reserve installation. The provisions of this paragraph do not 
preclude the use of any other power supply for energizing these lights 
solely as an additional provision. If a separate emergency 
radiotelegraph operating room is provided, the requirements of this 
paragraph apply to it.
    (8) The emergency electric lights must be controlled by two-way 
switches placed near the main entrance to the radiotelegraph operating 
room and at the radiotelegraph operating position, in all cases where 
the distance between these points is greater than 2.4 meters (8 feet). 
This requirement applies to stations which replace, or initially install 
the main or reserve radiotelegraph transmitter on and after May 26, 
1965.
    (9) There must be readily available under normal load conditions a 
reserve power supply for the reserve installation which must be 
independent of the propelling power of the ship and of any other 
electrical system. The reserve power supply must simultaneously energize 
the reserve transmitter at its required antenna power and the reserve 
receiver for at least 6 hours continuously under normal working 
conditions, and energize the automatic-alarm-signal keying device 
continuously for a period of 1 hour.
    (10) The reserve power supply may be used to energize the following 
apparatus provided it has adequate capacity:
    (i) The audible warning apparatus included as a component of an 
approved radiotelegraph auto alarm;
    (ii) The VHF installation required by subpart R of this chapter 
simultaneously with the reserve transmitter in the case of distress, 
urgency and safety communications;
    (iii) The VHF installation required by subpart R of this chapter 
alternately with the reserve transmitter. A switching device must be 
fitted to ensure alternate operation only in the case of distress, 
urgency and safety communications;
    (iv) The radiotelephone alarm signal generator;
    (v) The bridge-to-bridge VHF radiotelephone installation required by 
subpart U of this chapter.
    (11) The reserve power supply must be located as near to the reserve 
transmitter and reserve receiver as is practicable and must comply with 
all applicable rules and regulations of the United States Coast Guard. 
The switchboard of the reserve power supply must wherever possible, be 
situated in the radiotelegraph operating room. If it is not, it must be 
illuminated.
    (12) All reserve power supply circuits must be protected from 
overloads.
    (13) Means must be provided for charging any batteries forming a 
part

[[Page 138]]

of the reserve installation, and such batteries must be maintained in a 
fully charged condition daily while at sea. There must be a device 
which, during charging of the batteries, gives a continuous indication 
of the rate and polarity of the charging current.
    (14) The cooling system of each internal combustion engine used as a 
part of the reserve power supply must be protected to prevent freezing 
or overheating consistent with the season and route to be traveled by 
the particular vessel.
    (b)(1) The shipowner, operating company, or station licensee, if 
directed by the Commission or its authorized representative must 
demonstrate that the reserve installation satisfies the 6-hour operating 
requirement of law.
    (2) When the reserve power supply includes a battery, proof of the 
ability of such battery to operate continuously and effectively for 6 
hours can be established by a discharge test over a prescribed period of 
time, when supplying power at the voltage required for normal operation 
to an electrical load as prescribed by paragraph (b)(4) of this section.
    (3) When the reserve power supply includes an engine-driven 
generator, proof of the adequacy of the engine fuel supply to operate 
the unit continuously and effectively for 6 hours may be established by 
measuring the fuel consumption during 1 hour when supplying power, at 
the voltage required for normal operation, to an electrical load as 
prescribed by paragraph (b)(4) of this section.
    (4) To determine the electrical load to be supplied by the reserve 
power supply, the following formula must be used:
    (i) One-half of the reserve transmitter current with the key closed; 
plus
    (ii) One-half of the reserve transmitter current with the key open; 
plus
    (iii) One sixth of the current of the automatic radiotelegraph alarm 
signal keying device when this device is energized; plus
    (iv) Current of the reserve receiver; plus
    (v) Current of emergency lights; plus
    (vi) Current of the bridge-to-bridge transceiver when connected.
    (5) At the conclusion of the tests specified in paragraphs (b) (2) 
and (3) of this section, no part of the reserve power supply must have 
an excessive temperature rise, nor must the specific gravity or voltage 
of the battery be below the 90 percent discharge point.

[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 44953, Aug. 25, 1993]



Sec. 80.809  Routing of power supply wiring.

    The conductors connecting the main power supply to the main 
installation, the reserve supply to reserve installation and the radar 
power supply to the ship radar station, must be routed to ensure 
adequate protection from overload, mechanical injury and be kept clear 
of electrical grounds.



Sec. 80.810  Use of reserve installation.

    The reserve transmitter, and the reserve power supply for the 
reserve transmitter, are primarily for safety and test communication. 
This equipment may be used for other communication for a period not to 
exceed 1 hour per day in the aggregate. The reserve receiver, and the 
reserve power supply for the reserve receiver if a battery, may be used 
at any time to maintain a safety watch if such use will not reduce the 
capabilities of the reserve power supply to energize the associated 
component or components of the reserve installation for at least 6 
consecutive hours.



Sec. 80.811  Tests of reserve installation and automatic-alarm-signal keying device.

    (a) The condition of the reserve installation and of the automatic 
alarm signal keying device must be determined (with the exception noted 
in paragraph (b) of this section) prior to the vessel's departure from 
each port and on each day the vessel is outside of a harbor or port. If 
the vessel is in two or more ports within one day, the required tests 
need be made only once. If the vessel is in port for less than one day, 
the required test for that day may be made before arrival or after 
departure. The following tests must be made and the results entered in 
the radiotelegraph station log:

[[Page 139]]

    (1) Check the reserve power supply as follows:
    (i) Test battery charging circuits for correct polarity and charging 
rate:
    (ii) In the case of lead-acid batteries, determine the specific 
gravity of the electrolyte.
    (iii) In the case of other types of batteries, take voltage readings 
under normal battery load.
    (iv) When an engine-driven generator is used, check the quantity of 
fuel in the fuel tank;
    (2) Test the emergency lighting circuits and emergency electric 
lights by actual operation;
    (3) Test the reserve receiver, while energized by the reserve power 
supply, by actual operation and comparison of received signals with 
similar signals received by the main receiver;
    (4) On days when not used for communication, the reserve transmitter 
energized by the reserve power supply must be tested by actual operation 
when connected to the main antenna, an artificial antenna or a reserve 
antenna.
    (5) If installed, the reserve antenna must be used at least once 
each voyage, noting antenna currents;
    (6) Test the automatic-alarm-signal keying device for correct timing 
adjustment of the keying mechanism. Do not transmit when making this 
test.
    (b) In the case of vessels loading or discharging flammable, 
unstable or dangerous cargo, or while berthed at oil terminals or in 
other comparable areas, predeparture transmitter tests need not be made. 
In such cases, the provisions of paragraph (a)(4) of this section, in 
connection with predeparture tests, do not apply if a suitable 
explanation is entered in the radio station log.



Sec. 80.812  Automatic-alarm-signal keying device.

    The required radiotelegraph station includes one or more devices, 
certificated by the Commission in accordance with subpart F of this part 
capable of automatically operating the normal keying circuits of a 
required radiotelegraph transmitter to transmit the international 
radiotelegraph alarm signal.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 80.812 was 
amended by removing the term ``of a type accepted'' and adding in its 
place ``certificated'', effective Oct. 5, 1998.



Sec. 80.813  Installation of automatic-alarm-signal keying device.

    (a) The automatic radiotelegraph alarm signal keyer must be 
installed in the radiotelegraph operating room. It must be possible to 
key, nonsimultaneously, the main transmitter and the reserve 
transmitter, and to permit the device to be taken out of operation at 
any time in order to permit immediate manual transmitter operation. Only 
one control must be provided for each automatic alarm signal keying 
device. This control must be located in the radiotelegraph operating 
room.
    (b) The required automatic radiotelegraph alarm signal keying device 
must be capable of operating efficiently for a continuous period of 1 
hour when energized solely by the reserve power supply.



Sec. 80.814  Radiotelegraph auto alarm.

    An auto alarm which is installed and used on board a cargo ship of 
the United States pursuant to the provisions of Sec. 80.315 comprises a 
complete receiving, selecting and warning device certificated by the 
Commission in accordance with section 3(x) of the Communications Act, 
capable of being actuated automatically by intercepted radio frequency 
waves forming the international radiotelegraph alarm signal.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 80.814 was 
amended by removing the term ``of a type accepted'' and adding in its 
place ``certificated'', effective Oct. 5, 1998.



Sec. 80.815  Installation of radiotelegraph auto alarm.

    Installation of a radiotelegraph auto alarm must comply with the 
following conditions.

[[Page 140]]

    (a) The auto alarm must be located in the radiotelegraph operating 
room and be installed and protected to insure proper operation. The 
radiotelegraph auto alarm system must be operated from the 
radiotelegraph operating room. A switch must be provided to:
    (1) Transfer the main antenna from all other equipment and connect 
it to the radiotelegraph auto alarm receiver and place the auto alarm in 
service and, back to the original configuration A voltmeter must be 
provided for the determining that the supply voltages are within the 
operating limits.
    (2) [Reserved]
    (b) The auto alarm must give an audible warning in the 
radiotelegraph operating room, in the radio officer's cabin, and on the 
navigating bridge. The alarm must operate continuously after the alarm 
has been actuated by a radiotelegraph alarm signal or by failure of the 
system, until manually turned off. Only one switch for stopping the 
alarm is authorized, and this must be located in the radiotelegraph 
operating room and be capable of manual operation only. However ships 
operating under the general exemption of Sec. 80.836(c) may install an 
additional switch on the bridge for stopping the warning apparatus.
    (c) Failure of the auto alarm if of a type approved prior to July 
23, 1951, to function normally due to prolonged interference must 
operate a visual indicator on the bridge. The type and method of 
installation of such visual indicator must comply with the requirements 
of the U.S. Coast Guard.
    (d) The power supply voltage of an auto alarm must be maintained 
within definite upper and lower limits. The power supply must have an 
auxiliary device which:
    (1) Will energize the alarm if this power supply fails or its 
voltage exceeds the limits specified for the particular type of auto 
alarm involved; or
    (2) Will automatically connect the auto alarm to an auxiliary power 
supply, the voltage of which is within the specified limits.



Sec. 80.817  Tests of radiotelegraph auto alarm.

    (a) The radio officer must at least once every 24 hours while the 
ship is in the open sea:
    (1) Test the auto alarm by using the testing device to determine 
whether the auto alarm will respond to not less than 4 nor more than 12 
consecutive dashes having an approximate duration of 4 seconds and an 
approximate spacing of 1 second.
    (2) Determine the proper functioning of the auto alarm receiver 
while connected to its normal antenna, by actual operation and 
comparison of received signals with similar signals received on 500 kHz 
by the main receiver.
    (b) If the auto alarm is not in proper operating condition, the 
radio officer must report that fact to the master or officer on watch on 
the bridge.
    (c) A statement that the tests specified in this section have been 
made, and the results of such tests, must be inserted in the 
radiotelegraph station log.



Sec. 80.818  Direction finding and homing equipment.

    Each compulsory ship of 1,600 gross tons or over whose keel was 
laid:
    (a) Prior to May 25, 1980, must be equipped with radio direction 
finding apparatus in operating condition and approved by the Commission 
during an inspection.
    (b) On or after May 25, 1980, must be equipped with radio direction 
finding apparatus having a homing capability in accordance with 
Sec. 80.824.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 29960, June 1, 1998]



Sec. 80.819  Requirements for radio direction finder.

    (a) The radio direction finding apparatus must:
    (1) Be capable of receiving signals A1A, A2B and R2B emission, on 
each frequency within the band 285-515 kHz assigned by the Radio 
Regulations for distress and direction finding and for maritime radio 
beacons, and be calibrated to take bearings on such signals from which 
the true bearing and direction may be determined; and

[[Page 141]]

    (2) Possess a sensitivity, sufficient to permit the taking of 
bearings on a signal having a field strength of 50 microvolts per meter.
    (b) The calibration of the direction finder must be verified by 
check bearings or by a further calibration whenever any changes are made 
in the physical or electrical characteristics or the position of any 
antennas, and whenever any changes are made in the position of any deck 
structures which might affect the accuracy of the direction finder. In 
addition, the calibration must be verified by check bearings at yearly 
intervals. A record of the calibrations, and of the check bearings made 
of their accuracy and the accuracy of the check bearings must be kept on 
board the ship for a period of not less than 1 year.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 29660, June 1, 1998]



Sec. 80.820  Auxiliary receiving antenna.

    An auxiliary receiving antenna must be provided when necessary to 
avoid unauthorized interruption or reduced efficiency of the required 
watch because the normal receiving antenna is not available because a 
radio direction finder on board the vessel is operated.



Sec. 80.821  Installation of direction finder.

    (a) The direction finder must be located to minimize interference 
from noise.
    (b) The direction finder antenna system must be erected so that the 
determination of bearings will not be hindered by the proximity of other 
antennas, cranes, wire halyards, or large metal objects.



Sec. 80.822  Contingent acceptance of direction finder calibration.

    When the required calibration can not be made before departure from 
a harbor or port for a voyage in the open sea, the direction finder may 
be tentatively approved on condition that the master certifies in 
writing that the direction finder will be calibrated by a competent 
technician.

[63 FR 29660, June 1, 1998]



Sec. 80.823  Check bearings by authorized ship personnel.

    The requirement for calibration by check bearings is met if:
    (a) The required verification by check bearings are made not more 
than 90 days prior to the date of the annual detailed inspection of the 
radiotelegraph station;
    (b) The verification consists of a comparison of simultaneous visual 
and radio direction finder bearings. At least one comparison bearing 
must be taken in each quadrant, within plus or minus 20 degrees from the 
following bearings relative to the ship's heading: 45 degrees; 135 
degrees; 225 degrees; 315 degrees;
    (c) The verification shows the visual bearing relative to the ship's 
heading and the difference between the visual and radio direction finder 
bearing, and the date each check bearing is taken.



Sec. 80.824  Homing facility requirements.

    (a) Direction finding equipment used on compulsory vessels whose 
keel was laid on or after May 25, 1980, must additionally have a homing 
facility which is:
    (1) Capable of operating with A1A, A2B, H2B and H8E emission on any 
frequency in the band 2167-2197 kHz;
    (2) Capable of taking direction finding bearings on the 
radiotelephone distress frequency 2182 kHz without ambiguity of sense 
within an arc of 30 degrees on either side of the bow;
    (3) Installed with due regard to CCIR Recommendation 428-2:
    (4) Sufficiently sensitive, in the absence of interference, to take 
bearings on a signal having a field strength of 25 microvolts per meter;
    (5) Capable of determining its accuracy by comparison of visual or 
calculated bearings and homing facility bearings. Comparisons must be 
made at -30, 0 and +30 degrees relative to the ships heading to show 
that the correct sense is indicated.
    (b) [Reserved]



Sec. 80.825  Radar installation requirements and specifications.

    (a) Radar installations on board ships that are required by the 
Safety Convention or the U.S. Coast Guard to be equipped with radar must 
comply with

[[Page 142]]

either the document referenced in paragraph (a)(1) of this section or 
the applicable document referenced in paragraphs (a)(2) through (a)(4) 
of this section. These documents are incorporated by reference in 
accordance with 5 U.S.C. 552(a). The documents contain specifications, 
standards and general requirements applicable to shipboard radar 
equipment and shipboard radar installations. For purposes of this part, 
the specifications, standards and general requirements stated in these 
documents are mandatory irrespective of discretionary language. Radar 
documents are available for inspection at the Commission Headquarters in 
Washington, DC, or may be obtained from the Radio Technical Commission 
for Maritime Services (RTCM), P.O. Box 19087, Washington, DC 20036.
    (1) Radar installed on ships of 500 gross tons and upwards on or 
after July 1, 1988, must comply with the provisions of RTCM Paper 133-
87/SC 103-33 including Appendix A. Title: ``RTCM Recommended Performance 
Specification for a General Purpose Navigational Radar Set for 
Oceangoing Ships of 500 Gross Tons and Upwards for New Radar 
Installations.'' Title of Appendix A: ``General Purpose Shipborne 
Navigational Radar Set for Oceangoing Ships Design and Testing 
Specifications.'' Document originally approved by RTCM August 15, 1985 
and revised May 15, 1987.
    (2) Radar installed on ships of 1,600 gross tons and upwards on or 
before April 27, 1981, must comply with the provisions of Volume II of 
RTCM Special Committee No. 65 Final Report; Part II. Title: 
``Performance Specification for a General Purpose Navigational Radar Set 
for Oceangoing Ships of 1,600 Tons Gross Tonnage and Upwards for Ships 
Already Fitted.'' Document approved by RTCM July 18, 1978; effective as 
FCC requirement on April 27, 1981.
    (3) Radar installed on ships of 1,600 gross tons and upwards after 
April 27, 1981 and before July 1, 1988, must comply with the provisions 
of Volume II of RTCM Special Committee No. 65 Final Report with Change 1 
entered; Part I including Appendix A. Title: ``Performance Specification 
for a General Purpose Navigational Radar Set for Oceangoing Vessels of 
1,600 Tons Gross Tonnage and Upwards for New Radar Installations.'' 
Title of Appendix A: ``General Purpose Shipborne Navigational Radar Set 
for Oceangoing Ships Design and Testing Specifications.'' Document 
approved by RTCM July 18, 1978; effective as FCC requirement on April 
27, 1981.
    (4) Ships between 500 and 1,600 gross tons constructed on or after 
September 1, 1984, with radar installed before July 1, 1988, must comply 
with Regulation 12, Chapter V of the Safety Convention and with the 
provisions of Inter-Governmental Maritime Consultative Organization 
(IMCO) [Now International Maritime Organization (IMO)] Resolution 
A.477(XII). Title: ``Performance Standards for Radar Equipment.'' 
Adopted by IMCO November 19, 1981.
    (b) For ships of 10,000 gross tons or more and any other ship that 
is required to be equipped with two radar systems, each of these systems 
must be capable of operating independently and must comply with the 
specifications, standards and general requirements established by 
paragraph (a) of this section. One of the systems must provide a display 
with an effective diameter of not less than 340 millimeters (13.4 
inches) (16-inch cathode ray tube). The other system must provide a 
display with an effective diameter of not less than 250 millimeters (9.8 
inches) (12-inch cathode ray tube).
    (c) Recommendations for tools, test equipment, spares and technical 
manuals are contained in Part IV of Volume III of the RTCM SC-65 Final 
Report approved by RTCM July 18, 1978.

[52 FR 35247, Sept. 18, 1987]



Sec. 80.826  Interior communication systems.

    (a) An interior communication system must be provided between the 
bridge of the ship and the radiotelegraph operating room in all cases 
where the radiotelegraph operating room does not adjoin or open onto the 
navigating bridge structure. An interior communication system must also 
be provided between the bridge and the location of the radio direction 
finding apparatus whenever the latter is not located on the bridge or 
within any

[[Page 143]]

compartment adjoining or opening onto the navigating bridge structure. 
If the operating position of the reserve radio installation is not 
located in the room normally used for operating the main radio 
installation, an interior communication system must be separately 
provided between the bridge and each of these radio operating positions.
    (b) If a vessel has more than one location from which it is normally 
controlled and steered, the interior communication system between the 
radiotelegraph operating room and bridge must include communication to 
each such location. The existence at a location of all of the following 
factors will require that a point of communication be established there: 
(1) A steering wheel; (2) a compass; (3) an engine order telegraph; (4) 
control of the whistle; and (5) a wheelhouse enclosure.
    (c) Paragraph (b) of this section does not apply to locations 
established solely for emergency use in event of failure of the normal 
steering facilities or locations used solely while docking or 
maneuvering a ship while in port or for brief periods while navigating 
the ship in close quarters on inland waters.



Sec. 80.827  Requirements for interior communication systems.

    The interior communication systems required by Sec. 80.826 must 
provide two-way calling and voice communication, be independent of any 
other communication system in the ship, and be of a type approved by the 
United States Coast Guard. The location and termination of individual 
systems is subject to approval by the Commission.



Sec. 80.828  Radiotelegraph station clock.

    A working clock equipped with a sweep seconds hand and having a dial 
not less than 12.7 cm (5 inches) in diameter, the face of which is 
marked to indicate the silence periods prescribed for the radiotelegraph 
service by the International Radio Regulations, must be provided. It 
must be securely mounted in the radiotelegraph operating room in such a 
position that the entire dial can be clearly observed by the radio 
officer from the normal radiotelegraph operating position, from the 
operating position where the international radiotelegraph alarm signal 
would ordinarily be transmitted by hand, and from the position used for 
testing the auto alarm (if installed). If a separate emergency 
radiotelegraph operating room is provided, the requirements of this 
section apply to it also.

[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 44953, Aug. 25, 1993]



Sec. 80.829  Survival craft nonportable radiotelegraph installation.

    (a) A survival craft nonportable radiotelegraph installation 
required by law to be provided in a motor lifeboat must include the 
following components as a minimum:
    (1) A transmitting and receiving antenna and antenna accessories,
    (2) An artificial antenna for testing purposes;
    (3) A transmitter with keying arrangements for use of 
radiotelegraphy, an associated radio receiver with headphones, and a 
suitable device for converting from the power supply battery voltage to 
the voltages used by the transmitter and receiver;
    (4) A power supply;
    (5) A device for a ground connection to the water when the lifeboat 
is afloat.
    (b) Components of a survival craft nonportable radiotelegraph 
installation specified in paragraph (a)(2) of this section must be 
certificated of Secs. 80.263 and 80.265.
    (c) The radiotelegraph equipment must be installed in a cabin large 
enough to accommodate both the equipment and the person using it. The 
operation of the radiotelegraph installation must not be interfered with 
by the survival craft engine while it is running, whether or not a 
battery is on charge.
    (d) The antenna must be a single wire inverted L type with a 
horizontal section of the maximum practicable length and a height above 
the mean waterline of not less than 6 meters (20 feet), and must be so 
designed that it can be quickly erected and utilized by a person in the 
lifeboat while afloat.
    (e) The ground system must comply with the following requirements:
    (1) The radio installation when installed in a metal hull lifeboat 
must be grounded to the hull of the lifeboat.

[[Page 144]]

The ground connection must be physically located in a position where it 
is inaccessible to the normal movement of occupants or accessories in 
the lifeboat;
    (2) The radio installation when installed in a lifeboat having a 
nonmetallic hull must be grounded to a bare plate or strips of corrosion 
resistant metal having a total area of at least 6 square feet and 
located on the hull of the lifeboat below the waterline.
    (f) When the lifeboat is afloat the installation must be capable of 
developing an antenna current such that the product of the maximum 
height of the antenna above the mean surface of the water, expressed in 
meters, and the r.m.s. antenna current on the frequency 500 kHz, 
expressed in amperes, is not less than 9.6.

[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 44953, Aug. 25, 1993; 
63 FR 36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 80.829, 
paragraph (b) was amended by removing the term ``type accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



Sec. 80.830  Power supply for survival craft nonportable radiotelegraph installation.

    (a) The power supply for the survival craft nonportable 
radiotelegraph installation must consist of a battery capable of 
operating the survival craft radiotelegraph installation for at least 6 
hours continuously under normal working conditions.
    (b) The battery may power equipment other than the radiotelegraph 
installation (except that it must not be used to supply power to any 
engine starting motor or ignition system) provided such additional use 
will not adversely affect the required capabilities of the battery. All 
circuits connected to the battery must be independently fused.
    (c) The battery must be kept charged at all times while at sea. The 
charging of the battery must not require its removal from the survival 
craft in which it is installed. The necessary charging equipment must 
not interfere with the launching of the survival craft, and must be 
easily and quickly removable. The charging circuit for the battery must 
be routed through the radiotelegraph operating room, and include a 
device located in the radiotelegraph operating room which will give 
continuous indication of the polarity and the rate of charge.
    (d) Installation must provide for charging of the battery by means 
of a generator on the survival craft engine.
    (e) Subject to approval of the United States Coast Guard, the 
battery must be mounted in a suitable container that will provide 
protection from salt water spray and also allow proper ventilation.



Sec. 80.831  Survival craft portable radiotelegraph equipment.

    (a) Survival craft portable radiotelegraph equipment required by law 
to be provided must be certificated by the Commission as capable of 
meeting the provisions of Secs. 80.263 and 80.265.
    (b) The equipment must be stowed in the radio room, bridge or a 
protected location near a lifeboat and be readily accessible for 
transfer to a lifeboat. However, in tankers of 3,000 gross tons and over 
in which lifeboats are fitted amidships and aft, this equipment must be 
kept in a suitable place in the vicinity of those lifeboats which are 
farthest away from the ship's main transmitter.
    (c) Equipment for totally enclosed lifeboats must meet the extra 
requirements specified in Sec. 80.265.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 80.831, 
paragraph (a) was amended by removing the term ``type accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



Sec. 80.832  Tests of survival craft radio equipment.

    (a) Except for emergency position indicating radio beacons and two-
way radiotelephone equipment, inspections and tests of survival craft 
radio equipment must be conducted by the licensee at weekly intervals 
while the ship is at sea or, if a test or inspection has not been 
conducted within a week prior to its departure, within 24 hours prior to 
the ship's departure from a

[[Page 145]]

port. The inspection and tests must include operation of the transmitter 
connected to an artificial antenna and determination of the specific 
gravity or voltage under normal load of any batteries.
    (b) When the ship is in a harbor or port of the United States an 
authorized representative of the Commission may require:
    (1) Inspection and test of the survival craft radio equipment in the 
survival craft afloat, including an operational test of the transmitter 
and receiver connected to the required antenna to determine that the 
equipment is in operating condition;
    (2) Demonstration in accordance with Sec. 80.808 that a battery used 
as a part of the survival craft nonportable radio installation is 
capable of energizing the installation for the required 6 hours.
    (c) The results of the inspections and test must be made known to 
the master, and be entered in the ship's radio station log, or in the 
ship's log if the ship is not provided with a radio station.



Sec. 80.833  Class S survival craft emergency position indicating radiobeacons (EPIRB's).

    (a) Survival craft emergency position indicating radiobeacons, Class 
S, required to comply with title 46 of the Code of Federal Regulations 
must be certificated to meet the provisions of Sec. 80.1059.
    (b) The Class S EPIRB must be stowed in the survival craft.
    (c) The Class S EPIRB must be tested at intervals not to exceed 
twelve months.
    (d) Batteries must be replaced after the date specified in 
Sec. 80.1053(e), or after the transmitter has been used in an emergency 
situation, whichever is earlier.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 80.833, 
paragraph (a) was amended by removing the term ``type accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



Sec. 80.834  Survival craft portable two-way radiotelephone.

    (a) Survival craft portable two-way radiotelephone transceivers must 
meet the provisions of Sec. 80.271.
    (b) The equipment must be stowed in the radio room, on the bridge or 
in a location readily accessible for transfer to life boats when not 
being used by shipboard personnel to satisfy the vessel's operational 
requirements.
    (c) When not in routine use the survival craft two-way 
radiotelephone transceivers must be operationally tested once a week. 
Operational test should be conducted with equipment separated as far as 
practical and in the case of UHF equipment must include tests on the 
frequency 457.525 MHz.
    (d) All survival craft two-way radiotelephones associated with a 
ship must operate in the same frequency band (VHF or UHF).



Sec. 80.835  Ship and survival craft station spare parts, tools, instruction books, circuit diagrams and testing equipment.

    (a) Each ship station must be provided with such spare parts, tools, 
testing equipment, instruction books and circuit diagrams as will enable 
the radiotelegraph installation and survival craft station to be 
maintained in working condition while at sea. Each ship station licensee 
must compile a list of spare parts, tools, test equipment and circuit 
diagrams it considers necessary for compliance with this requirement. 
This list must be available at inspection. Spare parts for the survival 
craft station must be kept with that station. Other items must be 
located convenient to the radio room.
    (b) The testing equipment must include an instrument or instruments 
for measuring A.C. volts, D.C. volts and ohms.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 29660, June 1, 1998]



Sec. 80.836  General exemptions.

    (a) General small passenger vessel exemptions, applicable to certain 
U.S. passenger vessels of less than 100 gross tons, are contained in 
subpart S of this part.
    (b) All newly constructed U.S. cargo vessels of 1600 gross tons and 
upward

[[Page 146]]

are exempt from the radiotelegraph and radio direction finding 
provisions of Part II of Title III of the Communications Act when 
navigated on sea trials, not more than 150 nautical miles from the 
nearest land, if the following conditions are met:
    (1) The vessel is equipped with a radiotelephone capable of 
operation on 2182 kHz and equipped with a radiotelephone alarm signal 
generator. The vessel may carry an additional portable radiotelephone, 
located in the wheelhouse, equipped with a radiotelephone alarm signal 
generator to satisfy the radiotelephone alarm signal generator 
requirement;
    (2) The radio direction-finding apparatus is calibrated during the 
sea trials;
    (3) A continous watch is maintained in 2182 kHz whenever the 
radiotelephone is not being used for authorized traffic during the sea 
trials; and
    (4) The local FCC Engineer in Charge is advised of the dates and 
routes of the sea trials.
    (c) Prior to February 1, 1999, cargo ships of 1600 gross tons and 
upward are exempt from the radiotelegraph requirements of Part II of 
Title III of the Communications Act, if the following criteria are met:
    (1) The ship operates on domestic voyages only. For purposes of this 
paragraph, the term domestic voyages includes ports in Alaska, U.S. 
possessions in the Caribbean, and along the coasts of the 48 contiguous 
states, so long as the vessel does not make port at a foreign 
destination;
    (2) The routes of the voyage are never more than 150 nautical miles 
from the nearest land; and,
    (3) The ship complies fully with all of the following conditions. 
The ship must:
    (i) Be equipped with a satellite ship earth station providing both 
voice and telex, which has been certificated for GMDSS use;
    (ii) Be equipped with a VHF and MF radiotelephone installation which 
complies fully with subpart R of this part and has the additional 
capability of operating on the HF frequencies listed in Sec. 80.369(b) 
for distress and safety communications (this capability may be added to 
the MF radiotelephone installation);
    (iii) Be equipped with a narrow-band direct-printing radiotelegraph 
system with SITOR meeting the requirements of Sec. 80.219;
    (iv) Be equipped with at least two VHF transceivers capable of being 
powered by the reserve power supply (one of the VHF transceivers may be 
the VHF required by paragraph (c)(3)(ii) of this section);
    (v) Be equipped with a Category 1, 406 MHz EPIRB meeting the 
requirements of Sec. 80.1061;
    (vi) Be equipped with a NAVTEX receiver meeting the requirements of 
Sec. 80.1101(c)(1);
    (vii) Be equipped with three two-way VHF radiotelephone apparatus 
and two radar transponders in accordance with Sec. 80.1095;
    (viii) In addition to the main power source, be equipped with an 
emergency power source which complies with all applicable rules and 
regulations of the U.S. Coast Guard (the satellite earth station, the 
narrow-band direct-printing equipment and the 500 kHz autoalarm receiver 
must be capable of being powered by the main and emergency power 
sources);
    (ix) Be equipped with a 500 kHz autoalarm receiver and a means of 
recording or decoding any distress signal received for relay to the 
Coast Guard or a public coast station;
    (x) Participate in the AMVER system when on voyages of more than 
twenty-four hours and have the capability of operating on at least four 
of the AMVER HF duplex channels;
    (xi) Carry at least one licensed operator to operate and maintain 
all the ship's distress and safety radio communications equipment in 
accordance with Secs. 80.159(c) and 80.169; and,
    (xii) Maintain a continuous watch on 2182 kHz and 156.8 MHz, in 
accordance with Sec. 80.305(b), when navigated.
    (d) Subject to a determination by the United States Coast Guard 
pursuant to Public Law No. 104-104, 110 Stat. 56 (1996) at Section 206, 
each U.S. passenger vessel and each U.S. cargo vessel of 1,600 gross 
tons and upward is exempt from the radiotelegraph provisions of part II 
of title III of the Communications Act, provided that the

[[Page 147]]

vessel complies fully with the requirements for the Global Maritime 
Distress & Safety System (GMDSS) contained in subpart W of this part and 
obtains either a Safety Certificate or endorsement as described in 
Sec. 80.1067.

    Note to paragraph (d): In a letter to the Commission, dated March 
13, 1996, the United States Coast Guard noted that it may rely on the 
Safety Certificate or endorsement described in Sec. 80.1067 as prima 
facie evidence that the GMDSS has been installed and found to be 
operating properly. The Coast Guard also stated that it retains the 
authority for ensuring overall vessel safety and compliance with all 
applicable domestic and international laws, regulations and treaties.

    (e) These exemptions may be terminated at any time without hearing 
if, in the Commission's discretion, the need for such action arises.

[51 FR 31213, Sept. 2, 1986, as amended at 56 FR 19301, Apr. 26, 1991; 
60 FR 58244, Nov. 27, 1995; 61 FR 19559, May 2, 1996, 63 FR 36607, July 
7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 80.836, 
paragraph (c)(3)(i) was amended by removing the term ``type accepted'' 
and adding in its place ``certificated'', effective Oct. 5, 1998.



Subpart R--Compulsory Radiotelephone Installations for Vessels 300 Gross 
                                  Tons



Sec. 80.851  Applicability.

    (a) The radiotelephone requirements of Part II of Title III of the 
Communications Act apply to cargo ships of 300 gross tons and upward but 
less than 1600 gross tons. The radiotelephone requirements of the Safety 
Convention apply to passenger ships irrespective of size and cargo ships 
of 300 gross tons and upward on international voyages. These ships are 
required to carry a radiotelephone installation complying with this 
subpart.
    (b) Until February 1, 1999, the inspection of all cargo vessels 
equipped with a radiotelephone installation operated on domestic or 
international voyages must be conducted by an FCC-licensed technician in 
accordance with Sec. 80.59 once every 12 months. If the ship passes the 
inspection the technician will issue a Safety Certificate. Cargo Ship 
Safety Radio Certificates may be obtained from the Commission's National 
Call Center--(888) 225-5322--or from its forms contractor.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 29660, June 1, 1998]



Sec. 80.853  Radiotelephone station.

    (a) The radiotelephone station is a radiotelephone installation and 
other equipment necessary for the proper operation of the installation.
    (b) The radiotelephone station must be installed to insure safe and 
effective operation of the equipment and to facilitate repair. Adequate 
protection must be provided against the effects of vibration, moisture, 
and temperature.
    (c) The radiotelephone station and all necessary controls must be 
located at the level of the main wheelhouse or at least one deck above 
the ship's main deck.
    (d) The principal operating position of the radiotelephone station 
must be in the room from which the ship is normally steered while at 
sea. In installations on cargo ships of 300 gross tons and upwards but 
less than 500 gross tons on which the keel was laid prior to January 1, 
1965, the location of the principal operating controls may be in a room 
adjoining and opening into the room from which the vessel is normally 
steered while at sea. If the station can be operated from any location 
other than the principal operating position, a positive means must be 
provided at the principal operating position to take full control of the 
station.
    (e) The use of a independent communication system between the 
principal operating position and all other operating locations is 
acceptable as a method for taking control at the principal operating 
position. For stations first placed in service on or after June 1, 1956 
the use of this method for taking control at the principal operating 
position is acceptable only for operating locations in the chartroom or 
master's quarters.



Sec. 80.854  Radiotelephone installation.

    The radiotelephone installation includes:
    (a) A radiotelephone transmitter;
    (b) A receiver as specified in Sec. 80.858(a);

[[Page 148]]

    (c) A radiotelephone distress frequency watch receiver specified in 
Sec. 80.269;
    (d) A main source of energy;
    (e) A reserve source of energy, when required by Sec. 80.860(a);
    (f) An antenna system.



Sec. 80.855  Radiotelephone transmitter.

    (a) The transmitter must be capable of transmission of H3E and J3E 
emission on 2182 kHz, and J3E emission on 2638 kHz and at least two 
other frequencies within the band 1605 to 3500 kHz available for ship-
to-shore or ship-to-ship communication.
    (b) The duty cycle of the transmitter must permit transmission of 
the international radiotelephone alarm signal.
    (c) The transmitter must be capable of transmitting clearly 
perceptible signals from ship to ship during daytime under normal 
conditions over a range of 150 nautical miles.
    (d) The transmitter complies with the range requirement specified in 
paragraph (c) of this section if:
    (1) The transmitter is capable of being matched to actual ship 
station transmitting antenna meeting the requirements of Sec. 80.863; 
and
    (2) The output power is not less than 60 watts peak envelope power 
for H3E and J3E emission on the frequency 2182 kHz and for J3E emission 
on the frequency 2638 kHz into either an artificial antenna consisting 
of a series network of 10 ohms resistance and 200 picofarads 
capacitance, or an artificial antenna of 50 ohms nominal impedance. An 
individual demonstration of the power output capability of the 
transmitter, with the radiotelephone installation normally installed on 
board ship, may be required.
    (e) The transmitter must provide visual indication whenever the 
transmitter is supplying power to the antenna.
    (f) The transmitter must be protected from excessive currents and 
voltages.
    (g) A durable nameplate must be mounted on the transmitter or made 
an integral part of it showing clearly the name of the transmitter 
manufacturer and the type or model of the transmitter.
    (h) An artificial antenna must be provided to permit weekly checks 
of the automatic device for generating the radiotelephone alarm signal 
on frequencies other than the radiotelephone distress frequency.



Sec. 80.856  Automatic radiotelephone alarm signal generator.

    The transmitter must be equipped with an international 
radiotelephone alarm signal generator certificated by the Commission. 
See Sec. 80.221.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 80.856 is 
amended by removing the term ``type accepted'' and adding in its place 
``certificated'', effective Oct. 5, 1998.



Sec. 80.857  Installation of automatic radiotelephone alarm signal generator.

    The controls of the automatic radiotelephone alarm signal generator 
required by Sec. 80.856 must be located at the principal radiotelephone 
operating position only. The controls must permit instant use of this 
device to modulate the required transmitter and permit the device to be 
taken out of operation at any time so that the transmitter may be 
immediately voice modulated for transmission of a distress call and 
message.



Sec. 80.858  Radiotelephone receiver.

    (a) The receiver required by Sec. 80.854(a) of this part must be 
capable of reception of H3E and J3E emissions on the radiotelephone 
distress frequency. The receiver must be capable of reception of J3E 
emissions on 2638 kHz and the receiving frequencies associated with the 
transmitting frequencies authorized pursuant to Sec. 80.855(a).
    (b) In addition to the receiver required by paragraph (a) of this 
section, a radiotelephone distress frequency watch receiver meeting the 
technical standards of Sec. 80.269 must be provided.
    (c) One or more loudspeakers capable of being used to maintain the 
distress frequency (2182 kHz) watch at the principal operating position 
and at any other place where the listening watch is performed must be 
provided.
    (d) The receiver required by paragraph (a) of the section must:
    (1) Have a sensitivity of 50 microvolts;

[[Page 149]]

    (2) Be capable of operation when energized by the main source of 
energy, and by the reserve source of energy if a reserve source is 
required by Sec. 80.860(a);
    (3) Be protected from excessive currents and voltages;
    (4) Be provided with a nameplate showing the name of the receiver 
manufacturer and the type or model.
    (e) The sensitivity of a receiver is the strength in microvolts of a 
signal, modulated 30 percent at 400 cycles per second, required at the 
receiver input to produce an audio output of 50 milliwatts to the 
loudspeaker with a signal-to-noise ratio of at least 6 decibels. 
Evidence of a manufacturer's rating or a demonstration of the 
sensitivity of a required receiver computed on this basis must be 
furnished upon request of a Commission representative.



Sec. 80.859  Main power supply.

    (a) The main power supply must simultaneously energize the 
radiotelephone transmitter at its required antenna power and the 
required receivers. Under this load condition the voltage of the main 
power supply at the radiotelephone input terminals must not deviate from 
its rated potential by more than 10 percent on ships completed on or 
after July 1, 1941, nor by more than 15 percent on ships completed 
before that date.
    (b) Means must be provided for charging any batteries used as a main 
power supply. A continuous indication of the rate and polarity of the 
charging current must be provided during charging of the batteries.



Sec. 80.860  Reserve power supply.

    (a) When the main power supply is not on the same deck as the main 
wheelhouse or at least one deck above the vessel's main deck, a reserve 
power supply must be provided and must be so situated. The location of 
the reserve power supply must be located as near to the required 
transmitter and receivers as practicable and meet all applicable rules 
and regulations of the United States Coast Guard.
    (b) The reserve power supply must be independent of the propelling 
power of the ship and of any other electrical system, and must 
simultaneously energize the radiotelephone transmitter at its required 
antenna power, the required receivers, the emergency light and the 
automatic radiotelephone alarm signal generator. The reserve power 
supply must be available at all times.
    (c) The reserve power supply may be used to energize the bridge-to-
bridge radiotelephone and the VHF radiotelephone installation required 
by Sec. 80.871.
    (d) All circuits connected to the reserve power supply must be 
protected from overloads.
    (e) Means must be provided for charging any batteries used as a 
reserve power supply. A continuous indication of the rate and polarity 
of the charging current during charging of the batteries must be 
provided.
    (f) The cooling system of each internal combustion engine used as a 
part of the reserve power supply must be adequately treated to prevent 
freezing or overheating consistent with the season and route to be 
traveled by the particular vessel involved.
    (g) The reserve power supply must be available within 1 minute.

[51 FR 31213, Sept. 2, 1986; 52 FR 35246, Sept. 18, 1987]



Sec. 80.861  Required capacity.

    If the main power supply or the reserve power supply provided for 
the purpose of complying with Secs. 80.859 and 80.860 consists of 
batteries, the batteries must have sufficient reserve capacity available 
at all times while the vessel is leaving or attempting to leave a harbor 
or port for a voyage in the open sea, and while being navigated in the 
open sea outside of a harbor or port, to permit operation of the 
radiotelephone transmitter and the required receivers for at least 6 
hours continuously under normal working conditions.



Sec. 80.862  Proof of capacity.

    (a) When directed by the Commission or its authorized 
representative, the station licensee must prove that the requirements of 
Sec. 80.861 are met.
    (b) Proof of the ability of a battery used as a main or reserve 
source to operate continuously for 6 hours can be established by a 
discharge test over a

[[Page 150]]

prescribed period of time, when supplying power at the voltage required 
for normal and operation to an electrical load as prescribed by 
paragraph (d) of this section.
    (c) When the reserve power supply is an engine-driven generator, 
proof of the adequacy of the engine fuel supply to operate the unit 
contiuously for 6 hours can be established by measuring the fuel 
consumption for 1 hour when supplying power, at the voltage required for 
normal operation, to an electrical load as prescribed by paragraph (d) 
of this section.
    (d) In determining the electrical load to be supplied, the following 
formula must be used:
    (1) One-half of the current of the required transmitter at its rated 
power output.
    (2) One fourth of the current of the automatic radiotelephone alarm 
signal generator; plus
    (3) Current of receiver; plus
    (4) Current of emergency light(s); plus
    (5) Current of the bridge-to-bridge transceiver when connected.
    (e) At the conclusion of the test specified in paragraphs (b) and 
(c) of this section, no part of the main or reserve power supply must 
have an excessive temperature rise, nor must the specific gravity or 
voltage of any battery be below 90 percent discharge point of the fully 
charged value.



Sec. 80.863  Antenna system.

    (a) An antenna system must be installed which is as nondirectional 
and as efficient as is practicable for the transmission and reception of 
radio ground waves over seawater. The installation and construction of 
the required antenna must insure operation in time of emergency.
    (b) If the required antenna is suspended between masts or other 
supports liable to whipping, a safety link which, under heavy stress, 
will operate to greatly reduce such stress without breakage of the 
antenna, the halyards, or other antenna-supporting elements, must be 
installed.
    (c) When an electrical ground connection is used as an element of 
the antenna system, the connection must be efficient.



Sec. 80.864  Emergency electric lights.

    (a) Emergency electric light(s) must be installed to illuminate the 
operating controls of the radiotelephone installation at the principal 
operating position, the card of instructions, and the radiotelephone 
station clock if the latter is not self-illuminated.
    (b) The emergency electric light(s) must be energized from the 
reserve power supply, if a reserve power supply is required. In cases 
where a reserve power supply is not required, the emergency lights must 
be energized independently of the system which supplies the normal 
lighting.



Sec. 80.865  Radiotelephone station clock.

    A clock having a face of at least 12.7 cm (5 in.) in diameter must 
be mounted in a position that can be observed from the principal 
operating position.

[58 FR 44953, Aug. 25, 1993]



Sec. 80.866  Spare antenna.

    A spare transmitting antenna completely assembled for immediate 
erection must be provided. If the installed transmitting antenna is 
suspended between supports, this spare antenna must be a single-wire 
transmitting antenna of the same length and must also include suitable 
insulators.



Sec. 80.867  Ship station tools, instruction books, circuit diagrams and testing equipment.

    (a) Each ship station must be provided with such tools, testing 
equipment, instruction books and circuit diagrams to enable the 
radiotelephone installation to be maintained in efficient working 
condition while at sea. Each ship station licensee must compile a list 
of spare parts, tools, test equipment and circuit diagrams it considers 
necessary for compliance with this requirement. This list must be 
available at inspection. The Commission may consider equipment 
manufacturer lists of recommended spare parts, tools, test equipment, 
and repair circuit diagrams in determining compliance with this 
subsection. These items must be located convenient to the radio room.
    (b) The testing equipment must include an instrument or instruments 
for

[[Page 151]]

measuring A.C. volts, D.C. volts and ohms.



Sec. 80.868  Card of instructions.

    A card of instructions giving a clear summary of the radiotelephone 
distress procedure must be securely mounted and displayed in full view 
of the principal operating position.



Sec. 80.869  Test of radiotelephone station.

    Unless the normal use of the required radiotelephone station 
demonstrates that the equipment is operating, a test communication on a 
required or working frequency must be made each day the ship is 
navigated. When this test is performed by a person other than the master 
and the equipment is found to be defective the master must be promptly 
notified.



Sec. 80.870  Survival craft radio equipment.

    (a) A Class S survival craft emergency position indicating 
radiobeacon, (EPIRB) required to be carried to comply with title 46 of 
the Code of Federal Regulations must meet the provisions of Sec. 80.833.
    (b) A survival craft two-way radiotelephone apparatus must meet the 
provisions of Sec. 80.834.



Sec. 80.871  VHF radiotelephone station.

    (a) All passenger ships irrespective of size and all cargo ships of 
300 gross tons and upwards subject to part II of title III of the 
Communications Act or to the Safety Convention are required to carry a 
VHF radiotelephone station complying with this subpart. Ships subject 
only to the Communications Act may use a VHF radiotelephone installation 
meeting the technical standards of the Bridge-to-Bridge Act to satisfy 
the watch requirements of Sec. 80.305(a)(3) if the equipment can 
transmit and receive on 156.800 MHz.
    (b) The VHF radiotelephone station must be installed to insure safe 
and effective operation of the equipment and facilitate repair. It must 
be protected against vibration, moisture and temperature.
    (c) The principal operating position of the radiotelephone station 
must be in the room from which the ship is normally steered while at 
sea.
    (d) The radiotelephone stations on ships subject to Part II of Title 
III of the Communications Act must be capable of operating on the 
frequency 156.800 MHz and in other respects meet the requirements of 
Sec. 80.143. The radiotelephone stations on ships subject to the Safety 
Convention must be capable of operating in the simplex mode on the ship 
station transmitting frequencies specified in the frequency band 156.025 
MHz to 157.425 MHz and in the semiduplex mode on the two frequency 
channels specified in the following table:

------------------------------------------------------------------------
                                                Transmitting frequencies
                                                          (MHz)
              Channel designators              -------------------------
                                                    Ship        Coast
                                                  station      station
------------------------------------------------------------------------
60............................................      156.025      160.625
01............................................      156.050      160.650
61............................................      156.075      160.675
02............................................      156.100      160.700
62............................................      156.125      160.725
03............................................      156.150      160.750
63............................................      156.175      160.775
04............................................      156.200      160.800
64............................................      156.225      160.825
05............................................      156.250      160.850
65............................................      156.275      160.875
06............................................      156.300  ...........
66............................................      156.325      160.925
07............................................      156.350      160.950
67............................................      156.375      156.375
08............................................      156.400  ...........
68............................................      156.425      156.425
09............................................      156.450      156.450
69............................................      156.475      156.475
10............................................      156.500      156.500
11............................................      156.550      156.550
71............................................      156.575      156.575
12............................................      156.600      156.600
72............................................      156.625  ...........
13............................................      156.650      156.650
73............................................      156.675      156.675
14............................................      156.700      156.700
74............................................      156.725      156.725
15............................................      156.750      156.750
75............................................        (\1\)        (\1\)
16............................................      156.800      156.800
76............................................        (\1\)        (\1\)
17............................................      156.850      156.850
77............................................      156.875  ...........
18............................................      156.900      161.500
78............................................      156.925      161.525
19............................................      156.950      161.550
79............................................      156.975      161.575
20............................................      157.000      161.600
80............................................      157.025      161.625
21............................................      157.050      161.650
81............................................      157.075      161.675
22............................................      157.100      161.700
82............................................      157.125      161.725
23............................................      157.150      161.750
83............................................      157.175      161.775
24............................................      157.200      161.800
84............................................      157.225      161.825
25............................................      157.250      161.850
85............................................      157.275      161.875
26............................................      157.300      161.900

[[Page 152]]

 
86............................................      157.325      161.925
27............................................      157.350      161.950
87............................................      157.375      161.975
28............................................      157.400      162.000
88............................................      157.425      162.025
------------------------------------------------------------------------
\1\ Guard band.


[51 FR 31213, Sept. 2, 1986; 52 FR 35246, Sept. 18, 1987, as amended at 
54 FR 40059, Sept. 29, 1989]



Sec. 80.872  The VHF radiotelephone installation.

    The VHF radiotelephone installation includes:
    (a) A VHF radiotelephone transmitter,
    (b) A VHF radiotelephone receiver,
    (c) A power supply,
    (d) An antenna system.



Sec. 80.873  VHF radiotelephone transmitter.

    (a) The transmitter must be capable of transmission of G3E emission 
on 156.300 MHz and 156.800 MHz, and on frequencies which have been 
specified for use in a system established to promote safety of 
navigation. Vessels in waters of other Administrations are required to 
communicate on any channel designated by that Administration for 
navigational safety in the bands specified in Sec. 80.871(d).
    (b) The transmitter must be adjusted so that the transmission of 
speech normally produces peak modulation within the limits of 75 percent 
and 100 percent.
    (c) The transmitter must deliver a carrier power between 8 and 25 
watts into a 50 ohm effective resistance. Provision must be made for 
reducing the carrier power to a value between 0.1 and 1.0 watts.
    (d) The transmitter complies with the power output requirements 
specified in paragraph (c) of this section when:
    (1) The transmitter is capable of being adjusted for efficient use 
with an actual ship station transmitting antenna meeting the 
requirements of Sec. 80.876; and
    (2) The transmitter has been demonstrated capable, with normal 
operating voltages applied, of delivering not less than 8 watts of 
carrier power into 50 ohms effective resistance over the frequency band 
specified in Sec. 80.871(d). An individual demonstration of the power 
output capability of the transmitter, with the radiotelephone 
installation normally installed on board ship, may be required; and
    (3) It is certificated as required by subpart F of this part.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 80.873, 
paragraph (d)(3) was amended by removing the term ``type accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



Sec. 80.874  VHF radiotelephone receiver.

    (a) The receiver used for providing the watch for navaigational 
safety required by Sec. 80.313 must be certificated by the Commission 
and capable of effective reception of G3E emission on the frequencies 
required by Sec. 80.871(d) when connected to the antenna specified in 
Sec. 80.876.
    (b) The receiver must have a usable sensitivity of 0.5 microvolts.
    (c) The receiver must deliver adequate audio output power to be 
heard in the ambient noise level likely to be expected on board ships 
with a loudspeaker and/or a telephone handset.
    (d) In the simplex mode when the transmitter is activated the 
receiver output must be muted.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 80.874, 
paragraph (a) is amended by removing the term ``type accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



Sec. 80.875  VHF radiotelephone power supply.

    (a) There must be readily available for use under normal load 
conditions a power supply sufficient to simultaneously energize the VHF 
transmitter at its required antenna power, and the VHF receiver. Under 
this load condition the voltage of the source of energy at the power 
input terminals of the VHF radiotelephone installation must not deviate 
from its rated value by

[[Page 153]]

more than 10 percent on ships completed on or after March 1, 1957, nor 
by more than 15 percent on ships completed before that date.
    (b) When the power supply for the VHF radiotelephone installation 
consists of batteries, they must be installed in the upper part of the 
ship, secured against shifting with motion of the ship, capable of 
operating the installation for 6 hours, and accessible with not less 
than 26 cm (10 in.) head room.
    (c) Means must be provided for charging any rechargeable batteries 
used in the ship's VHF radiotelephone installation. There must be 
provided a device which, during charging of the batteries, will give a 
continuous indication of the charging current.
    (d) The VHF radiotelephone installation may be connected to the 
reserve power supply of a compulsorily fitted radiotelephone or 
radiotelegraph installation.

[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 44953, Aug. 25, 1993]



Sec. 80.876  VHF radiotelephone antenna system.

    A vertically polarized nondirectional antenna must be provided for 
VHF radiotelephone installations. The construction and installation of 
this antenna must insure proper operation in an emergency.



Sec. 80.877  Controls and indicators required for VHF radiotelephone installation.

    The controls and indicators used on equipment of the VHF 
radiotelephone installation must meet the following standards:
    (a) The size of controls must easily permit normal adjustment. The 
function and the setting of the controls must be clearly indicated.d
    (b) Controls must be illuminated to permit satisfactory operation of 
the equipment.
    (c) Means must be provided to reduce to extinction any light output 
from the equipment which could affect safety of navigation.
    (d) An on/off switch must be provided for the entire installation 
with a visual indication that the installation is switched on.
    (e) The equipment must indicate the channel number, as given in the 
Radio Regulations, to which it is tuned. It must allow the determination 
of the channel number under all conditions of external lighting. Channel 
16 must be distinctively marked.
    (f) The receiver must have a manual volume control and a squelch 
control.
    (g) If the external controls are on a separate control unit and more 
than one such control unit is provided, the one on the bridge must have 
priority over the others. When there is more than one control unit, 
indication must be given to the other(s) that the transmitter is in 
operation.



Sec. 80.879  Radar installation requirements and specifications.

    Ships of 500 gross tons and upwards that are constructed on or after 
September 1, 1984, must comply with the radar installation requirements 
and specifications contained in Sec. 80.825 of this part.

[52 FR 35246, Sept. 18, 1987]



 Subpart S--Compulsory Radiotelephone Installations for Small Passenger 
                                  Boats



Sec. 80.901  Applicability.

    The provisions of Part III of Title III of the Communication Act 
require United States vessels which transport more than six passengers 
for hire while such vessels are being navigated on any tidewater within 
the jurisdiction of the United States adjacent or contiguous to the open 
sea, or in the open sea to carry a radiotelephone installation complying 
with this subpart. The provisions of Part III do not apply to vessels 
which are equipped with a radio installation for compliance with Part II 
of Title III of the Act, or for compliance with the Safety Convention, 
or to vessels navigating on the Great Lakes.



Sec. 80.903  Inspection of radiotelephone installation.

    Every vessel subject to Part III of Title III of the Communications 
Act must have a detailed inspection of the radio installation by an FCC-
licensed technician in accordance with Sec. 80.59

[[Page 154]]

once every five years. The FCC-licensed technician must use the latest 
FCC Information Bulletin, How to Conduct an Inspection of a Small 
Passenger Vessel. If the ship passes the inspection, the technician will 
issue a Communications Act Safety Radiotelephony Certificate. 
Communications Act Radiotelephony Certificates may be obtained from the 
Commission's National Call Center--(888) 225-5322--or from its forms 
contractor.

[63 FR 29660, June 1, 1998]



Sec. 80.905  Vessel radio equipment.

    (a) Vessels subject to part III of title III of the Communications 
Act that operate in the waters described in Sec. 80.901 of this section 
must, at a minimum, be equipped as follows:
    (1) Vessels operated solely within the communications range of a VHF 
public coast station or U.S. Coast Guard station that maintains a watch 
on 156.800 MHz while the vessel is navigated must be equipped with a VHF 
radiotelephone installation. Vessels in this category must not operate 
more than 20 nautical miles from land.
    (2) Vessels operated beyond the 20 nautical mile limitation 
specified in paragraph (a)(1) of this section, but not more than 100 
nautical miles from the nearest land, must be equipped with a medium 
frequency transmitter capable of transmitting J3E emission and a 
receiver capable of reception of J3E emission within the band 1710 to 
2850 kHz, in addition to the VHF radiotelephone installation required by 
paragraph (a)(1) of this section. The medium frequency transmitter and 
receiver must be capable of operation on 2670 kHz.
    (3) Vessels operated more than 100 nautical miles but not more than 
200 nautical miles from the nearest land must:
    (i) Be equipped with a VHF radiotelephone installation;
    (ii) Be equipped with an MF radiotelephone transmitter and receiver 
meeting the requirements of paragraph (a)(2) of this section; and
    (iii) Be equipped with either:
    (A) a single sideband radiotelephone capable of operating on all 
distress and safety frequencies in the medium frequency and high 
frequency bands listed in Secs. 80.369 (a) and (b), on all the ship-to-
shore calling frequencies in the high frequency bands listed in 
Sec. 80.369(d), and on at least four of the automated mutual-assistance 
vessel rescue (AMVER) system HF duplex channels (this requirement may be 
met by the addition of such frequencies to the radiotelephone 
installation required by paragraph (a)(2) of this section); or
    (B) if operated in an area within the coverage of an INMARSAT 
maritime mobile geostationary satellite in which continuous alerting is 
available, an INMARSAT ship earth station meeting the equipment 
authorization rules of parts 2 and 80 of this chapter;
    (iv) Be equipped with a reserve power supply meeting the 
requirements of Secs. 80.917(b), 80.919, and 80.921, and capable of 
powering the single sideband radiotelephone or the ship earth station 
(including associated peripheral equipment) required by paragraph 
(a)(3)(iii) of this section;
    (v) Be equipped with a NAVTEX receiver conforming to the following 
performance standards: IMO Resolution A.525(13) and CCIR Recommendation 
540;
    (vi) Be equipped with a Category I, 406 MHz satellite emergency 
position-indicating radiobeacon (EPIRB) meeting the requirements of 
Sec. 80.1061; and,
    (vii) Participate in the AMVER system while engaged on any voyage 
where the vessel is navigated in the open sea for more than 24 hours. 
Copies of the AMVER Bulletin are available at: AMVER Maritime Relations 
(G-NRS-3/AMR), U.S. Coast Guard, Building 110, Box 26, Governor's 
Island, N.Y. 10004-5034, telephone number (212) 668-7764.
    (4) Vessels operated more than 200 nautical miles from the nearest 
land must:
    (i) Be equipped with two VHF radiotelephone installations;
    (ii) Be equipped with an MF radiotelephone transmitter and receiver 
meeting the requirements of paragraph (a)(2) of this section;
    (iii) Be equipped with either:
    (A) an independent single sideband radiotelephone capable of 
operating on all distress and safety frequencies in the medium frequency 
and high frequency bands listed in Secs.  80.369(a) and (b), on all of 
the ship-to-shore calling

[[Page 155]]

frequencies in the high frequency bands listed in Sec. 80.369(d), and on 
at least four of the automated mutual-assistance vessel rescue (AMVER) 
system HF duplex channels; or
    (B) If operated in an area within the coverage of an INMARSAT 
maritime mobile geostationary satellite in which continuous alerting is 
available, an INMARSAT ship earth station meeting the equipment 
authorization rules of parts 2 and 80 of this chapter;
    (iv) Be equipped with a reserve power supply meeting the 
requirements of Secs. 80.917(b), 80.919, and 80.921, and capable of 
powering the single sideband radiotelephone or the ship earth station 
(including associated peripheral equipment) required by paragraph 
(a)(4)(iii) of this section;
    (v) Be equipped with a NAVTEX receiver conforming to the following 
performance standards: IMO Resolution A.525(13) and CCIR Recommendation 
540;
    (vi) Be equipped with a Category I, 406 MHz satellite emergency 
position-indicating radiobeacon (EPIRB) meeting the requirements of 
Sec. 80.1061;
    (vii) Be equipped with a radiotelephone distress frequency watch 
receiver meeting the requirements of Sec. 80.269;
    (viii) Be equipped with an automatic radiotelephone alarm signal 
generator meeting the requirements of Sec. 80.221; and
    (ix) Participate in the AMVER system while engaged on any voyage 
where the vessel is navigated in the open sea for more than 24 hours. 
Copies of the AMVER Bulletin are available at: AMVER Maritime Relations 
(G-NRS-3/AMR), U.S. Coast Guard, Building 110, Box 26, Governor's 
Island, N.Y. 10004-5034, telephone number (212) 668-7764.
    (b) For a vessel that is navigated within the communication range of 
a VHF public coast station or U.S. Coast Guard station, but beyond the 
20-nautical mile limitation specified in paragraph (a)(1) of this 
section, an exemption from the band 1605 to 2850 kHz installation 
requirements may be granted if the vessel is equipped with a VHF 
transmitter and receiver. An application for exemption must include a 
chart showing the route of the voyage or the area of operation of the 
vessel, and the receiving service area of the VHF public coast or U.S. 
Coast Guard station. The coverage area of the U.S. Coast Guard station 
must be based on written information from the District Commander, U.S. 
Coast Guard, a copy of which must be furnished with the application. The 
coverage area of a public coast station must be computed by the method 
specified in subpart P of this part.
    (c) The radiotelephone installation must be installed to insure safe 
operation of the equipment and to facilitate repair. It must be 
protected against the vibration, moisture, temperature, and excessive 
currents and voltages.
    (d) A VHF radiotelephone installation or a remote unit must be 
located at each steering station except those auxiliary steering 
stations which are used only during brief periods for docking or for 
close-in maneuvering. A single portable radiotelephone set meets the 
requirements of this paragraph if adequate permanent mounting 
arrangements with suitable power provision and antenna feed are 
installed at each operator steering station. Additionally, for vessels 
of more than 100 gross tons, the radiotelephone installation must be 
located at the level of the main wheelhouse or at least one deck above 
the vessel's main deck.

[51 FR 31213, Sept. 2, 1986, as amended at 56 FR 19301, Apr. 26, 1991; 
57 FR 34262, Aug. 4, 1992]



Sec. 80.907  Principal operating position.

    The principal operating position of the radiotelephone installation 
on vessels over 100 gross tons must be in the room from which the vessel 
is normally steered while at sea. If the station can be operated from 
any location other than the principal operating position, a positive 
means must be provided at the principal operating position to take full 
control of the station.



Sec. 80.909  Radiotelephone transmitter.

    (a) The medium frequency transmitter must have a peak envelope 
output power of at least 60 watts for J3E emission on 2182 kHz and at 
least one ship-to-shore working frequency within the

[[Page 156]]

band 1605 to 2850 kHz enabling communication with a public coast station 
if the region in which the vessel is navigated is served by a public 
coast station operating in this band.
    (b) The single sideband radiotelephone must be capable of operating 
on maritime frequencies in the band 1710 to 27500 kHz with a peak 
envelope output power of at least 120 watts for J3E emission and H3E 
emission on 2182 kHz and J3E emission on the distress and safety 
frequencies listed in Sec. 80.369(b). Single sideband radios installed 
on or before February 2, 1992, may be used until February 2, 1997, 
provided such radios are capable of operating on the frequencies listed 
in Secs. 80.369 (a) and (b), and at least half of the frequencies listed 
in Sec. 80.369(d).
    (c) The transmitter complies with the power output requirements 
specified in paragraphs (a) or (b) of this section when:
    (1) The transmitter can be adjusted for efficient use with an actual 
ship station transmitting antenna meeting the requirements of 
Sec. 80.923 of this part; and
    (2) The transmitter, with normal operating voltages applied, has 
been demonstrated to deliver its required output power on the 
frequencies specified in paragraphs (a) or (b) of this section into 
either an artificial antenna consisting of a series network of 10 ohms 
effective resistance and 200 picofarads capacitance or an artificial 
antenna of 50 ohms nominal impedance. An individual demonstration of 
power output capability of the transmitter, with the radiotelephone 
installation normally installed on board ship, may be required.
    (d) The single sideband radiotelephone must be capable of 
transmitting clearly perceptible signals from ship to shore. The 
transmitter complies with this requirement if it is capable of enabling 
communication with a public coast station on working frequencies in the 
4000 to 27500 kHz band specified in Sec. 80.371(b) of this part under 
normal daytime operating conditions.

[56 FR 19302, Apr. 26, 1991, as amended at 57 FR 34262, Aug. 4, 1992]



Sec. 80.911  VHF transmitter.

    (a) The transmitter must be capable of transmission of G3E emission 
on 156.800 MHz, 156.300 MHz, and on the ship-to-shore working 
frequencies necessary to communicate with public coast stations serving 
the area in which the vessel is navigated.
    (b) The transmitter must be adjusted so that the transmission of 
speech normally produces peak modulation within the limits 75 percent 
and 100 percent.
    (c) The transmitter must be certificated to transmit between 20 
watts and 25 watts, on each of the frequencies 156.300 MHz, 156.800 MHz 
and on ship-to-shore public correspondence channels, into 50 ohms 
effective resistance when operated with a primary supply voltage of 13.6 
volts DC.
    (d) When an individual demonstration of the capability of the 
transmitter is necessary the output power requirements prescribed in 
this paragraph must be met as follows:
    (1) Measurements of primary supply voltage and transmitter output 
power must be made with the equipment drawing energy only from ship's 
battery;
    (2) The primary supply voltage, measured at the power input 
terminals to the transmitter, and the output power of the transmitter, 
terminated in a matching artificial load, must be measured at the end of 
10 minutes of continuous operation of the transmitter at its full power 
output.
    (3) The primary supply voltage must not be less than 11.5 volts.
    (4) The transmitter output power must be not less than 15 watts.
    (5) For primary supply voltages, measured in accordance with the 
procedures of this paragraph, greater than 11.5 volts, but less than 
12.6 volts, the required transmitter output power shall be equal to or 
greater than the value calculated from the formula

          P=4.375(V)-35.313

where V equals the measured primary voltage and P is the calculated 
output power in watts.''

[51 FR 31213, Sept. 2, 1986, as amended at 54 FR 40059, Sept. 29, 1989; 
63 FR 36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 80.911, 
paragraph (c) was

[[Page 157]]

amended by removing the term ``type accepted'' and adding in its place 
``certificated'', effective Oct. 5, 1998.



Sec. 80.913  Radiotelephone receivers.

    (a) If a medium frequency radiotelephone installation is provided, 
the watch receiver must be capable of effective reception of J3E 
emissions, be connected to the antenna system specified by Sec. 80.923, 
and be preset to, and capable of accurate and convenient selection of, 
the frequencies 2182 kHz, 2638 kHz, and the receiving frequency(s) of 
public coast stations serving the area in which the vessel is navigated.
    (b) If a single sideband radiotelephone installation is provided, 
the receiver must be capable of reception of H3E and J3E emissions on 
2182 kHz and J3E emission on any receiving frequency authorized pursuant 
to Sec. 80.909 of this part.
    (c) If a very high frequency radiotelephone installation is 
provided, the receiver used for maintaining the watch required by 
Sec. 80.303 must be capable of effective reception of G3E emission, be 
connected to the antenna system specified by Sec. 80.923 and be preset 
to, and capable of selection of, the frequencies 156.300 MHz, 156.800 
MHz, and the receiving frequency(s) of public coast stations serving the 
area in which the vessel is navigated.
    (d) One or more loudspeakers must be provided to permit reception on 
2182 kHz or 156.800 MHz at the principal operating position and at any 
other place where listening is performed.
    (e) Any receiver provided as a part of the radiotelephone 
installation must have a sensitivity of at least 50 microvolts in the 
case of MF equipment, and 1 microvolt in the case of HF or VHF 
equipment.
    (f) The receiver required in paragraphs (a), (b) or (c) of this 
section must be capable of efficient operation when energized by the 
main source of energy. When a reserve source of energy is required 
pursuant to Sec. 80.905 or Sec. 80.917 of this part, the receiver must 
also be capable of efficient operation when energized by the reserve 
source of energy.
    (g) The sensitivity of a receiver is the strength in microvolts of a 
signal, modulated 30 percent at 400 Hertz, required at the receiver 
input to produce an audio output of 50 milliwatts to the loudspeaker 
with a signal-to-noise ratio of at least 6 decibels. Evidence of a 
manufacturer's rating or a demonstration of the sensitivity of a 
required receiver computed on this basis must be furnished upon request 
of the Commission.

[51 FR 31213, Sept. 2, 1986, as amended at 56 FR 19302, Apr. 26, 1991]



Sec. 80.915  Main power supply.

    (a) There must be readily available for use under normal load 
conditions a main power supply sufficient to simultaneously energize the 
radiotelephone transmitter at its required antenna power, and the 
required receiver. Under this load condition the potential of the main 
power supply at the power input terminals of the radiotelephone 
installation must not deviate from its rated potential by more than 10 
percent on vessels completed on or after March 1, 1957, nor by more than 
15 percent on vessels completed before that date.
    (b) When the main power supply consists of batteries, they must be 
installed as high above the bilge as practicable, secured against 
shifting with motion of the vessel, and accessible with not less than 26 
cm (10 in.) head room.
    (c) Means must be provided for adequately charging any batteries 
used as a main power supply. There must be a device which gives a 
continuous indication of the rate and polarity of the charging current 
during charging.

[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 44953, Aug. 25, 1993]



Sec. 80.917  Reserve power supply.

    (a) A vessel of more than 100 gross tons the keel of which was laid 
after March 1, 1957, must have a reserve power supply located on the 
same deck as the main wheel house or at least one deck above the 
vessel's main deck, unless the main power supply is so situated.
    (b) The reserve power supply must be independent of the ship's 
propulsion and of any other electrical system, and be sufficient to 
simulataneously energize the radiotelephone transmitter at

[[Page 158]]

its required output power, and the receiver. The reserve power supply 
must be available for use at all times.
    (c) When the reserve power supply consists of batteries, they must 
be installed as high above the bilge as practicable, secured against 
shifting with motion of the vessel, and accessible with not less than 26 
cm (10 in.) head room.
    (d) The reserve power supply must be located as near the required 
transmitter and receiver as practicable.
    (e) All reserve power supply circuits must be protected from 
overloads.
    (f) Means must be provided for charging any storage batteries used 
as a reserve power supply for the required radiotelephone installation. 
There must be a device which will give continuous indication of the rate 
and polarity of the charging current during charging.
    (g) The cooling system of each internal combustion engine used as a 
part of the reserve power supply must be adequately treated to prevent 
freezing or overheating consistent with the season and route to be 
travelled by the particular vessel involved.

[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 44954, Aug. 25, 1993]



Sec. 80.919  Required capacity.

    If either the main or reserve power supply includes batteries, these 
batteries must have sufficient reserve capacity to permit proper 
operation of the required transmitter and receiver for at least 3 hours 
under normal working conditions.



Sec. 80.921  Proof of capacity.

    (a) When directed by a representative of the Commission the vessel 
must prove by demonstration as prescribed in paragraphs (b), (c), (d) 
and (e) of this section, that the requirements of Sec. 80.919 are met.
    (b) Proof of the ability of a storage battery used as a main or 
reserve power supply to operate over the 3-hour period established by a 
discharge test over the prescribed period of time, when supplying power 
at the voltage required for an electrical loss as prescribed by 
paragraph (d) of this section.
    (c) When the required power supply consists of an engine-driven 
generator, proof of the adequacy of the engine fuel supply to operate 
the unit over the 3-hour period of time may be established by using as a 
basis the fuel consumption during a 1 hour period when supplying power, 
at the voltage required for operating an electrical load as prescribed 
by paragraph (d) of this section.
    (d) In determining the required electrical load the following 
formula must be used:
    (1) One-half of the current of the required transmitter at its rated 
output power; plus
    (2) Current of the required receiver; plus
    (3) Current of electric light, if required by Sec. 80.925; plus
    (4) The sum of the current of all other loads the reserve power 
supply may provide in time of emergency.
    (e) At the conclusion of the test specified in paragraphs (b) and 
(c) of this section, no part of the main or reserve power supply must 
have an excessive temperature rise, nor must the specific gravity or 
voltage of any storage battery be below the 90 percent discharge point.



Sec. 80.923  Antenna system.

    An antenna must be provided in accordance with the applicable 
requirements of Sec. 80.81 of this part which is as efficient as 
practicable for the transmission and reception of radio waves. The 
construction and installation of this antenna must insure proper 
emergency operation.

[51 FR 31213, Sept. 2, 1986, as amended at 56 FR 19302, Apr. 26, 1991]



Sec. 80.925  Electric light.

    (a) If the vessel is navigated at night an electric light or dial 
lights which clearly illuminate the operating controls must be installed 
to provide illumination of the operating controls at the principal 
operating position.
    (b) The electric light must be energized from the main power supply 
and, if a reserve power supply for the radiotelephone installation is 
required, from the reserve power supply.

[[Page 159]]



Sec. 80.927  Antenna radio frequency indicator.

    The transmitter must be equipped with a device which provides visual 
indication whenever the transmitter is supplying power to the antenna.



Sec. 80.929  Nameplate.

    A durable nameplate must be mounted on the required radiotelephone 
equipment. When the transmitter and receiver comprise a single unit, one 
nameplate is sufficient. The nameplate must show the name of the 
manufacturer and the type or model number.



Sec. 80.931  Test of radiotelephone installation.

    Unless normal use of the radiotelephone installation demonstrates 
that the equipment is in proper operating condition, a test 
communication on a required frequency in the 1605 to 27500 kHz band or 
the 156 to 162 MHz band must be made by a qualified operator each day 
the vessel is navigated. If the equipment is not in proper operating 
condition, the master must be promptly notified.

[51 FR 31213, Sept. 2, 1986, as amended at 56 FR 19302, Apr. 26, 1991]



Sec. 80.933  General small passenger vessel exemptions.

    (a) Subject U.S. vessels less than 50 gross tons which are navigated 
not more than 300 meters (1,000 feet) from the nearest land at mean low 
tide are exempt from the provisions of title III, part III of the 
Communications Act.
    (b) All U.S. passenger vessels of less than 100 gross tons, not 
subject to the radio provisions of the Safety Convention, are exempt 
from the radiotelegraph provisions of Part II of Title III of the 
Communications Act, provided that the vessels are equipped with a 
radiotelephone installation fully complying with subpart S of this part.
    (c) Prior to February 1, 1999, U.S. passenger vessels of less than 
100 gross tons are exempt from the radiotelepraph requirements of Part 
II of Title III of the Communications Act and the MF radiotelephone 
requirements of this subpart as well as Regulations 7 to 11 of Chapter 
IV of the Safety Convention if the following criteria are fully met:
    (1) The ship is equipped with a VHF radiotelephone installation 
meeting the requirements of this subpart;
    (2) While navigating more than three nautical miles from the nearest 
land, the ship is equipped with:
    (i) A Category 1, 406 MHz EPIRB meeting the requirements of 
Sec. 80.1061;
    (ii) A NAVTEX receiver meeting the requirements of 
Sec. 80.1101(c)(1); and
    (iii) Three two-way VHF radiotelephone apparatus and two radar 
transponders meeting the requirements of Sec. 80.1095.
    (3) The ship remains within communications range of U.S. Coast Guard 
or public coast stations operating in the band 156-162 MHz;
    (4) The routes of the voyage are never more than 20 nautical miles 
from the nearest land or, alternatively, not more than 200 nautical 
miles between two consecutive ports, and are limited to the following 
domestic and international voyages:
    (i) In waters contiguous to Hawaii, the Bahama Islands and the 
islands in the Caribbean Sea, including the Greater Antilles, Lesser 
Antilles, and the coastal waters of Venezuela between the Mouth of the 
Orinoco River and the Gulf of Venezuela;
    (ii) In waters contiguous to the coast of Southern California from 
Point Conception south to Cape San Lucas, Mexico; the islands of San 
Miguel, Santa Rosa, Santa Cruz, Anacopa, San Nicolas, Santa Barbara, 
Santa Catalina, and San Clemente are considered to be within these 
waters; and,
    (iii) In waters of the Pacific Northwest between Tacoma, Washington 
and the waters of British Columbia, Canada, as far north as Queen 
Charlotte Strait, never in the open sea.
    (d) Prior to February 1, 1999, U.S. passenger vessels of less than 
100 gross tons are exempt from the radiotelegraph requirements of Part 
II of Title III of the Communications Act, as well as Regulations 7 to 
11 of Chapter IV of the Safety Convention, if the following criteria are 
fully met:
    (1) The ship is equipped in accordance with paragraphs (c)(1) and 
(c)(2) of this section;

[[Page 160]]

    (2) The ship is equipped with a MF radiotelephone installation 
meeting the requirements of this subpart;
    (3) The routes of the voyage are never more than 20 nautical miles 
from the nearest land or, alternatively, not more than 100 nautical 
miles between two consecutive ports, and are limited to international 
voyages between Florida and the Bahama Islands.
    (e) These exemptions may be terminated at any time without hearing, 
if in the Commission's discretion, the need for such action arises.

[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 44954, Aug. 25, 1993; 
60 FR 58245, Nov. 27, 1995]



Sec. 80.935  Station clock.

    Each station subject to this subpart must have a working clock or 
timepiece readily available to the operator.



Subpart T--Radiotelephone Installation Required for Vessels on the Great 
                                  Lakes



Sec. 80.951  Applicability.

    The Agreement Between the United States of America and Canada for 
Promotion of Safety on the Great Lakes by Means of Radio, 1973, applies 
to vessels of all countries when navigated on the Great Lakes. The Great 
Lakes Radio Agreement defines the Great Lakes as ``all waters of Lakes 
Ontario, Erie, Huron (including Georgian Bay), Michigan, Superior, their 
connecting and tributary waters and the River St. Lawrence as far east 
as the lower exit of the St. Lambert Lock at Montreal in the Province of 
Quebec, Canada,'' but does not include such of the connecting and 
tributary waters as may be specified in the Technical Regulations. The 
Technical Regulations do not include any connecting and tributary waters 
except the St. Mary's River, the St. Clair River, Lake St. Clair, the 
Detroit River and the Welland Canal. A vessel to which the Great Lakes 
Radio Agreement applies and which falls into the specific categories by 
paragraph (a), (b) or (c) of this section and not excepted by paragraph 
(d) or (e) of this section must comply with this subpart while navigated 
on the Great Lakes.
    (a) Every vessel 20 meters (65 feet) or over in length (measured 
from end to end over the deck, exclusive of sheer).
    (b) Every vessel engaged in towing another vessel or floating 
object, except:
    (1) Where the maximum length of the towing vessel, measured from end 
to end over the deck exclusive of sheer, is less than 8 meters (26 feet) 
and the length or breadth of the tow, exclusive of the towing line, is 
less than 20 meters (65 feet);
    (2) Where the vessel towed complies with this subpart;
    (3) Where the towing vessel and tow are located within a booming 
ground (an area in which logs are confined); or
    (4) Where the tow has been undertaken in an emergency and neither 
the towing vessel nor the tow can comply with this part.
    (c) Any vessel carrying more than six passengers for hire.
    (d) The requirements of the Great Lakes Radio Agreement do not apply 
to:
    (1) Ships of war and troop ships;
    (2) Vessels owned and operated by any national government and not 
engaged in trade.
    (e) The Commission may if it considers that the conditions of the 
voyage or voyages affecting safety (including but not necessarily 
limited to the regularity, frequency and nature of the voyages, or other 
circumstances) are such as to render full application of the Great Lakes 
Agreement unreasonable or unnecessary, exempt partially, conditionally 
or completely, any individual vessel for one or more voyages or for any 
period of time not exceeding one year.



Sec. 80.953  Inspection and certification.

    (a) Each U.S. flag vessel subject to the Great Lakes Agreement must 
have an inspection of the required radiotelephone installation at least 
once every 13 months. This inspection must be made while the vessel is 
in active service or within not more than one month before the date on 
which it is placed in service.
    (b) An inspection and certification of a ship subject to the Great 
Lakes Agreement must be made by a technician holding one of the 
following: a

[[Page 161]]

General Radiotelephone Operator License, a GMDSS Radio Maintainer's 
License, a Second Class Radiotelegraph Operator's Certificate, or a 
First Class Radiotelegraph Operator's Certificate. Additionally, the 
technician must not be the vessel's owner, operator, master, or an 
employee of any of them. The results of the inspection must be recorded 
in the ship's radiotelephone log and include:
    (1) The date the inspection was conducted;
    (2) The date by which the next inspection needs to be completed;
    (3) The inspector's printed name, address, class of FCC license 
(including the serial number);
    (4) The results of the inspection, including any repairs made; and
    (5) The inspector's signed and dated certification that the vessel 
meets the requirements of the Great Lakes Agreement and the Bridge-to-
Bridge Act contained in subparts T and U of this part and has 
successfully passed the inspection.
    (c) The vessel owner, operator, or ship's master must certify that 
the inspection required by paragraph (b) was satisfactory.
    (d) The ship's log must be retained on-board the vessel for at least 
two years from the date of the inspection.

[61 FR 25807, May 23, 1996]



Sec. 80.955  Radiotelephone installation.

    (a) Each U.S. flag vessel of less than 38 meters (124 feet) in 
length while subject to the Great Lakes Agreement must have a 
radiotelephone meeting the provisions of this subpart in addition to the 
other rules in this part governing ship stations using telephony.
    (b) Each U.S. flag vessel of 38 meters (124 feet) or more in length 
while subject to the Great Lakes Agreement must have a minimum of two 
VHF radiotelephone installations in operating condition meeting the 
provisions of this subpart. The second VHF installation must be 
electrically separate from the first VHF installation. However, both may 
be connected to the main power supply provided one installation can be 
operated from a separate power supply located as high as practicable on 
the vessel.
    (c) This paragraph does not require or prohibit the use of other 
frequencies for use by the same ``radiotelephone installation'' for 
communication authorized by this part.



Sec. 80.956  Required frequencies and uses.

    (a) Each VHF radiotelephone installation must be capable of 
transmitting and receiving G3E emission as follows:
    (1) Channel 16--156.800 MHz-Distress, Safety and Calling; and
    (2) Channel 6--156.300 MHz--Primary intership.
    (b) The radiotelephone station must have additional frequencies as 
follows:
    (1) Those ship movement frequencies appropriate to the vessel's area 
of operation: Channel 11--156.550 MHz, Channel 12--156.600 MHz, or 
Channel 14--156.700 MHz.
    (2) The navigational bridge-to-bridge frequency, 156.650 MHz 
(channel 13).
    (3) Such other frequencies as required for the vessel's service.
    (4) One channel for receiving marine navigational warnings for the 
area of operation.
    (c) Every radiotelephone station must include one or more 
transmitters, one or more receivers, one or more sources of energy and 
associated antennas and control equipment. The radiotelephone station, 
exclusive of the antennas and source of energy, must be located as high 
as practicable on the vessel, preferably on the bridge, and protected 
from water, temperature, and electrical and mechanical noise.

[51 FR 31213, Sept. 2, 1986, as amended at 53 FR 17052, May 13, 1988]



Sec. 80.957  Principal operating position.

    (a) The principal operating position of the radiotelephone 
installation must be on the bridge, convenient to the conning position.
    (b) When the radiotelephone station is not located on the bridge, 
operational control of the equipment must be provided at the location of 
the radiotelephone station and at the bridge operating position. 
Complete control of the equipment at the bridge operating position must 
be provided.

[[Page 162]]



Sec. 80.959  Radiotelephone transmitter.

    (a) The transmitter must be capable of transmission of G3E emission 
on the required frequencies.
    (b) The transmitter must deliver a carrier power of between 10 watts 
and 25 watts into 50 ohms nominal resistance when operated with its 
rated supply voltage. The transmitter must be capable of readily 
reducing the carrier power to one watt or less.
    (c) To demonstrate the capability of the transmitter, measurements 
of primary supply voltage and transmitter output power must be made with 
the equipment operating on the vessel's main power supply, as follows:
    (1) The primary supply voltage measured at the power input terminals 
to the transmitter terminated in a matching artificial load, must be 
measured at the end of 10 minutes of continuous operation of the 
transmitter at its rated power output.
    (2) The primary supply voltage, measured in accordance with the 
procedures of this paragraph, must be not less than 11.5 volts.
    (3) The transmitter at full output power measured in accordance with 
the procedure of this paragraph must not be less than 10 watts.



Sec. 80.961  Radiotelephone receiver.

    (a) The receiver must be capable of reception of G3E emission on the 
required frequencies.
    (b) The receiver must have a sensitivity of at least 2 microvolts 
across 50 ohms for a 20 decibel signal-to-noise ratio.



Sec. 80.963  Main power supply.

    (a) A main power supply must be available at all times while the 
vessel is subject to the requirements of the Great Lakes Radio 
Agreement.
    (b) Means must be provided for charging any batteries used as a 
source of energy. A device which during charging of the batteries gives 
a continuous indication of charging current must be provided.



Sec. 80.965  Reserve power supply.

    (a) Each passenger vessel of more than 100 gross tons and each cargo 
vessel of more than 300 gross tons must be provided with a reserve power 
supply independent of the vessel's normal electrical system and capable 
of energizing the radiotelephone installation and illuminating the 
operating controls at the principal operating position for at least 2 
continuous hours under normal operating conditions. When meeting this 2 
hour requirement, such reserve power supply must be located on the 
bridge level or at least one deck above the vessel's main deck.
    (b) Instead of the independent power supply specified in paragraph 
(a) of this section, the vessel may be provided with an auxiliary 
radiotelephone installation having a power source independent of the 
vessel's normal electrical system. Any such installation must comply 
with Secs. 80.955, 80.956, 80.957, 80.959, 80.961, 80.969 and 80.971, as 
well as the general technical standards contained in this part. 
Additionally, the power supply for any such auxiliary radiotelephone 
must be a ``reserve power supply'' for the purposes of paragraphs (c), 
(d) and (e) of this section.
    (c) Means must be provided for adequately charging any batteries 
used as a reserve power supply for the required radiotelephone 
installation. A device must be provided which, during charging of the 
batteries, gives a continuous indication of charging.
    (d) The reserve power supply must be available within one minute.
    (e) The station licensee, when directed by the Commission, must 
prove by demonstration as prescribed in paragraphs (e)(1), (2), (3) and 
(4) of this section that the reserve power supply is capable of meeting 
the requirements of paragraph (a) of this section as follows:
    (1) When the reserve power supply includes a battery, proof of the 
ability of the battery to operate continuously for the required time 
must be established by a discharge test over the required time, when 
supplying power at the voltage required for normal operation to an 
electric load as prescribed by paragraph (e)(3) of this section.
    (2) When the reserve power supply includes an engine driven 
generator, proof of the adequacy of the engine fuel supply to operate 
the unit continuously for the required time may be established by using 
as a basis the fuel

[[Page 163]]

consumption during a continuous period of one hour when supplying power, 
at the voltage required for normal operation, to an electrical load as 
prescribed by paragraph (e)(3) of this section.
    (3) For the purposes of determining the electrical load to be 
supplied, the following formula must be used:
    (i) One-half of the current of the radiotelephone while transmitting 
at its rated output, plus one-half the current while not transmitting; 
plus
    (ii) Current of the required receiver; plus
    (iii) Current of the source of illumination provided for the 
operating controls prescribed by Sec. 80.969; plus
    (iv) The sum of the currents of all other loads to which the reserve 
power supply may provide power in time of emergency or distress.
    (4) At the conclusion of the test specified in paragraphs (e) (1) 
and (2) of this section, no part of the reserve power supply must have 
excessive temperature rise, nor must the specific gravity or voltage of 
any battery be below the 90 percent discharge point.



Sec. 80.967  Antenna system.

    The antenna must be omnidirectional, vertically polarized and 
located as high as practicable on the masts or superstructure of the 
vessel.



Sec. 80.969  Illumination of operating controls.

    (a) The radiotelephone must have dial lights which illuminate the 
operating controls at the principal operating position.
    (b) Instead of dial lights, a light from an electric lamp may be 
provided to illuminate the operating controls of the radiotelephone at 
the principal operating position. If a reserve power supply is required, 
arrangements must permit the use of that power supply for illumination 
within one minute.



Sec. 80.971  Test of radiotelephone installation.

    At least once during each calendar day a vessel subject to the Great 
Lakes Radio Agreement must test communications on 156.800 MHz to 
demonstrate that the radiotelephone installation is in proper operating 
condition unless the normal daily use of the equipment demonstrates that 
this installation is in proper operating condition. If equipment is not 
in operating condition, the master must have it restored to effective 
operation as soon as possible.



Subpart U--Radiotelephone Installations Required by the Bridge-to-Bridge 
                                   Act



Sec. 80.1001  Applicability.

    The Bridge-to-Bridge Act and the regulations of this part apply to 
the following vessels in the navigable waters of the United States:
    (a) Every power-driven vessel of 20 meters or over in length while 
navigating;
    (b) Every vessel of 100 gross tons and upward carrying one or more 
passengers for hire while navigating;
    (c) Every towing vessel of 7.8 meters (26 feet) or over in length, 
measured from end to end over the deck excluding sheer, while 
navigating; and
    (d) Every dredge and floating plant engaged, in or near a channel or 
fairway, in operations likely to restrict or affect navigation of other 
vessels. An unmanned or intermittently manned floating plant under the 
control of a dredge shall not be required to have a separate 
radiotelephone capability.

[51 FR 31213, Sept. 2, 1986, as amended at 57 FR 61012, Dec. 23, 1992; 
58 FR 44954, Aug. 25, 1993]



Sec. 80.1003  Station required.

    Vessels subject to the Bridge-to-Bridge Act must have a 
radiotelephone installation to enable the vessel to participate in 
navigational communications. This radiotelephone installation must be 
continuously associated with the ship even though a portable 
installation is used. Foreign vessels coming into U.S. waters where a 
bridge-to-bridge station is required may fulfill this requirement by use 
of portable equipment brought a board by the pilot. Non portable 
equipment, when used, must be arranged to facilitate repair. The 
equipment must be protected against vibration, moisture, temperature and 
excessive currents and voltages.

[[Page 164]]



Sec. 80.1005  Inspection of station.

    The bridge-to-bridge radiotelephone station will be inspected on 
vessels subject to regular inspections pursuant to the requirements of 
Parts II and III of Title III of the Communications Act, the Safety 
Convention or the Great Lakes Agreement at the time of the regular 
inspection. If after such inspection, the Commission determines that the 
Bridge-to-Bridge Act, the rules of the Commission and the station 
license are met, an endorsement will be made on the appropriate 
document. The validity of the endorsement will run concurrently with the 
period of the regular inspection. Each vessel must carry a certificate 
with a valid endorsement while subject to the Bridge-to-Bridge Act. All 
other bridge-to-bridge stations will be inspected from time to time. An 
inspection of the bridge-to-bridge station on a Great Lakes Agreement 
vessel must normally be made at the same time as the Great Lakes 
Agreement inspection is conducted by a technician holding one of the 
following: a General Radiotelephone Operator License, a GMDSS Radio 
Maintainer's License, a Second Class Radiotelegraph Operator's 
Certificate, or a First Class Radiotelegraph Operator's Certificate. 
Additionally, the technician must not be the vessel's owner, operator, 
master, or an employee of any of them. Ships subject to the Bridge-to-
Bridge Act may, in lieu of an endorsed certificate, certify compliance 
in the station log required by section 80.409(f).

[51 FR 31213, Sept. 2, 1986, as amended at 61 FR 25807, May 23, 1996]



Sec. 80.1007  Bridge-to-bridge radiotelephone installation.

    Use of the bridge-to-bridge transmitter must be restricted to the 
master or person in charge of the vessel, or the person designated by 
the master or person in charge to pilot or direct the movement of the 
vessel. Communications must be of a navigational nature exclusively.



Sec. 80.1009  Principal operator and operating position.

    The principal operating position of the bridge-to-bridge station 
must be the vessel's navigational bridge or, in the case of dredges, its 
main control station. If the radiotelephone installation can be operated 
from any location other than the principal operating position, the 
principal operating position must be able to take full control of the 
installation.



Sec. 80.1011  Transmitter.

    (a) The bridge-to-bridge transmitter must be capable of transmission 
of G3E emission on the navigational frequency 156.650 MHz (Channel 13) 
and the Coast Guard liaison frequency 157.100 MHz (Channel 22A). 
Additionally, the bridge-to-bridge transmitter must be capable of 
transmission of G3E emission on the navigational frequency of 156.375 
MHz (Channel 67) while transiting any of the following waters:
    (1) The lower Mississippi River from the territorial sea boundary, 
and within either the Southwest Pass safety fairway or the South Pass 
safety fairway specified in Sec. 166.200 of the U.S. Coast Guard's 
Rules, 33 CFR 166.200, to mile 242.4 AHP (Above Head of Passes) near 
Baton Rouge;
    (2) The Mississippi River-Gulf Outlet from the territorial sea 
boundary, and within the Mississippi River-Gulf outlet Safety Fairway 
specified in Sec. 166.200 of the U.S. Coast Guard's Rules, 33 CFR 
166.200, to that channel's junction with the Inner Harbor Navigation 
Canal; and
    (3) The full length of the Inner Harbor Navigation Canal from its 
junction with the Mississippi River to that canal's entry to Lake 
Pontchartrain at the New Seabrook vehicular bridge.
    (b) [Reserved]

[57 FR 61012, Dec. 23, 1992]



Sec. 80.1013  Receiver.

    The bridge-to-bridge receiver must be capable of reception of G3E 
emission on the navigational frequency 156.650 MHz (Channel 13) and the 
Coast Guard liaison frequency 157.100 MHz (Channel 22A). In addition, 
the bridge-to-bridge receiver must be capable of reception of G3E 
emission on the navigational frequency of 156.375 MHz (Channel 67) while 
transiting in the waters of the lower Mississippi River as described in

[[Page 165]]

Sec. Sec. 80.1011 (a)(1), (a)(2) and (a)(3) of this part.

[57 FR 61012, Dec. 23, 1992]



Sec. 80.1015  Power supply.

    (a) There must be readily available for use under normal load 
conditions, a power supply sufficient to simultaneously energize the 
bridge-to-bridge transmitter at its required antenna power, and the 
bridge-to-bridge receiver. Under this load condition the voltage of the 
power supply at the power input terminals of the bridge-to-bridge 
radiotelephone installation must not deviate from its rated voltage by 
more than 10 percent on vessels completed on or after March 1, 1957, nor 
by more than 15 percent on vessels completed before that date.
    (b) When the power supply for a nonportable bridge-to-bridge 
radiotelephone installation consists of or includes batteries, they must 
be installed as high above the bilge as practicable, secured against 
shifting with motion of the vessel, and accessible with not less than 26 
cm (10 in.) head room.
    (c) Means must be provided for adequately charging any rechargeable 
batteries used in the vessel's bridge-to-bridge radiotelephone 
installation. There must be provided a device which will give a 
continuous indication of the charging current during charging.

[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 44954, Aug. 25, 1993]



Sec. 80.1017  Antenna system.

    (a) An antenna must be provided for nonportable bridge-to-bridge 
radiotelephone installations which is nondirectional and vertically 
polarized. The construction and installation of this antenna must insure 
proper operation in time of an emergency.
    (b) In cases where portable bridge-to-bridge equipment is 
permanently associated with a vessel, the equipment must be provided 
with a connector for an external antenna of a type capable of meeting 
requirements of paragraph (a) of this section and Sec. 80.71. The vessel 
must be equipped with an external antenna meeting requirements of 
paragraph (a) of this section and Sec. 80.71, capable of use with the 
portable equipment during a normal listening watch.



Sec. 80.1019  Antenna radio frequency indicator.

    Each nonportable bridge-to-bridge transmitter must be equipped, at 
each point of control, with a carrier operated device which will provide 
continuous visual indication when the transmitter is supplying power to 
the antenna transmission line 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.

[52 FR 35246, Sept. 18, 1987]



Sec. 80.1021  Nameplate.

    A durable nameplate must be mounted on the required radiotelephone 
or be an integral part of it. When the transmitter and receiver comprise 
a single unit, one nameplate is sufficient. The nameplate must show at 
least the name of the manufacturer and the type or model number.



Sec. 80.1023  Test of radiotelephone installation.

    Unless normal use of the required radiotelephone installation 
demonstrates that the equipment is in proper operating condition, a test 
communication for this purpose must be made by a qualified operator each 
day the vessel is navigated. If the equipment is not in proper operating 
condition, the master must be promptly notified. The master must have it 
restored to effective operating condition as soon as possible.



     Subpart V--Emergency Position Indicating Radiobeacons (EPIRB's)



Sec. 80.1051  Scope.

    This subpart describes the technical and performance requirements 
for Classes A, B, C, and S, and Categories 1, 2, and 3 EPIRB stations.

[53 FR 37308, Sept. 26, 1988]



Sec. 80.1053  Special requirements for Class A EPIRB stations.

    (a) A Class A EPIRB station must meet the following:
    (1) Float free of a sinking ship;
    (2) Activate automatically when it floats free of a sinking ship;

[[Page 166]]

    (3) Have an antenna that deploys automatically when the EPIRB 
activates;
    (4) Use A3X emission on a mandatory basis and A3E and NON emissions 
on an optional basis on the frequencies 121.500 MHz and 243.000 MHz;
    (5) Transmission of A3E or NON emission must not exceed 90 seconds 
and must be followed by a transmission of at least three minutes of A3X 
emission; each transmission of a synthesized and/or pre-recorded voice 
message must be preceded by the words ``this is a recording'';
    (6) The effective radiated power must not be less than 75 milliwatts 
after 48 hours of continuous operation and without replacement or 
recharge of batteries.
    (7) The mandatory A3X emission must be amplitude modulated with an 
audio signal swept downward between 1600 and 300 Hz. The sweeping range 
of the audio signal must be 700 Hz or greater. Its sweep repetition rate 
must be between 2 and 4 times per second. The modulation factor must be 
at least 0.85 and the modulation duty cycle must be at least 33%, but 
not more that 55%.
    (8) EPIRBs manufactured on or after October 1, 1988; EPIRBs carried 
as part of a ship station to satisfy USCG equipment carriage 
requirements that are newly installed on or after April 1, 1989; EPIRBs 
carried as part of a ship station to satisfy USCG equipment carriage 
requirements on or after August 1, 1991; and EPIRBs that are newly 
installed as part of a voluntarily equipped ship station after August 1, 
1991, must have a clearly defined carrier frequency distinct from the 
modulation sidebands for the mandatory emission, A3X, and if used, the 
A3E or NON emissions. On 121.500 MHz at least thirty per cent of the 
total power emitted during any transmission cycle with or without 
modulation must be contained within plus or minus 30 Hz of the carrier 
frequency. On 243.000 MHz at least thirty per cent of the toal power 
emitted during any transmission cycle with or without modulation must be 
contained within plus or minus 60 Hz of the carrier frequency. 
Additionally, if the type of emission is changed during transmission the 
carrier frequency nust not shift more than plus or minus 30 Hz on 
121.500 MHz and not more than plus or minus 60 Hz on 243.000 MHz. The 
long term stability of the carrier frequency must comply with the 
requirements in Sec. 80.209(a) of this part.
    (9) Have a visible or audible indicator which clearly shows that the 
device is operating. The indicator must be activated by the RF output 
power. The indicator must be protected from damage due to dropping or 
contact with other objects;
    (10) Float in calm water with at least the upper 5 cm (2 in.) of the 
EPIRB out of the water and the base of the antenna at least 5 cm (2 in.) 
above the water, with the antenna in a vertical position completely 
above the water surface;
    (11) Be ballasted to right itself from a position of 90 degrees from 
its upright position in one second or less;
    (12) Meet the requirements of paragraphs (a) (1) through (9) of this 
section after a free fall into water 3 times from a height of 20 meters 
(66 ft.);
    (13) Bear a designation that indicates it is a ``Class A'' EPIRB;
    (14) Have a positive means of turning the equipment off. When an on-
off switch is employed a guard must be provided to prevent inadvertent 
operation.
    (b) Class A EPIRB's must have a manually activated test switch which 
must be held in position for test operation and when released return the 
EPIRB to its normal state. A switch guard must be provided to prevent 
inadvertent activation. Class A EPIRB's must also have an associated 
test circuit and an RF output power indicator which in the test position 
must:
    (1) Permit the operator to determine that the unit is operative;
    (2) Switch the transmitter output to an artificial antenna 
equivalent to that of the EPIRB antenna;
    (3) Reduce radiation to a level not to exceed 100 nanowatts at a 
distance of 30 meters (98 feet) irrespective of direction.
    (c) EPIRBs manufactured on or after October 1, 1988, must be tested 
in accordance with subpart N, part 2 of this chapter. A report of the 
measurements

[[Page 167]]

must be submitted with each application for certification. EPIRBs that 
meet the output power characteristics of this section must have a 
permanent label prominently displayed on the outer casting stating, 
``Meets FCC Rules for improved satellite detection.'' This label, 
however, must not be placed on the equipment without authorization to do 
so by the Commission. Application for such authorization may be made 
either by submission of a new application for certification accompanied 
by the required fee and all information and test data required by parts 
2 and 80 of this chapter or, for EPIRBs certificated prior to October 1, 
1988, an application for modification accompanied by the required fee 
requesting such authorization, including appropriate test data and a 
showing that all units produced under the original certification 
authorization comply with the requirements of this paragraph without 
change to the original circuitry. If the intent is simply to add the 
proper label to an already approved and compliant EPIRB, a letter of 
notification prior to implementing the labeling requirements will be 
needed. This letter request should be sent to the attention of the 
Authorization and Evaluation Division, 7435 Oakland Mills Road, 
Columbus, Maryland 21046, attention EAB. The modulation, power and 
frequency stability requirements specified in paragraphs (a)(6), (a)(7) 
and (a)(8) of this section must be met under the environmental test 
conditions specified in subpart N, part 2 of this chapter.
    (d) Vacuum tubes are not permitted in EPIRB's. The equipment must 
meet the requirements after extended periods of inaction while carried 
in vessels and subjected to the environmental conditions prescribed. 
Operation into any RF load from open to short must not cause continuing 
degradation in performance.
    (e) EPIRBs must be powered by a battery contained within the 
transmitter case or in a battery holder that is rigidly attached to the 
transmitter case. The battery connector must be corrosion resistant and 
positive in action and must not rely for contact upon spring force 
alone. The useful life of the battery is the length of time that the 
battery can be stored under marine environmental conditions without the 
EPIRB transmitter peak effective radiated power falling below 75 
milliwatts prior to 48 hours of continuous operation. The month and year 
of the battery's manufacture must be permanently marked on the battery 
and the month and year upon which 50 percent of its useful life will 
have expired must be permanently marked on both the battery and the 
outside of the transmitter. The batteries must be replaced if 50 percent 
of their useful life has expired or if the transmitter has been used in 
an emergency situation. EPIRBs manufactured after April 27, 1992 must 
display prominently on the outer case one of the following: The battery 
installation instructions, the title of the manual that contains such 
information, or the company name and address where the battery 
installation can be performed.
    (f) The EPIRB must be waterproof and must not be accidentally 
activated by rain, seaspray, hose wash-down spray or storage in high 
humidity conditions. Standing water on the outer surface must not 
significantly affect its performance.
    (g) Operating instructions understandable by untrained personnel 
must be permanently displayed on the equipment.
    (h) The exterior of the equipment must have no sharp edges or 
projections. Means must be provided to fasten the EPIRB to a survival 
craft or person.
    (i) The antenna must be deployable to its designed length and 
operating position in a foolpoof manner. The antenna must be securely 
attached to the EPIRB and easy to de-ice. The antenna must be vertically 
polarized and omnidirectional.

[51 FR 31213, Sept. 2, 1986; 52 FR 35246, Sept. 18, 1987, as amended at 
53 FR 8905, Mar. 18, 1988; 56 FR 11516, Mar. 19, 1991; 63 FR 36607, July 
7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 80.1053, 
paragraph (c) was amended by removing the term ``type accepted'' each 
place it appears and adding in its place ``certificated'', and by 
removing the term ``type acceptance'' each place it appears and adding 
in its place ``certification'', effective Oct. 5, 1998.

[[Page 168]]



Sec. 80.1055  Special requirements for Class B EPIRB stations.

    (a) A Class B EPIRB must meet the following:
    (1) The EPIRB must be turned on automatically, as by water activated 
battery, or manually by an on-off switch. A positive means of turning 
the equipment off must be provided. Where an on-off switch is employed, 
a guard must be provided to prevent inadvertent operation;
    (2) The equipment must be designed to be deployed, its controls 
actuated, or its antenna erected, each by a single action task which can 
be performed by either hand;
    (3) Meet the requirements in Secs. 80.1053(a) (4) through (8), 
(a)(14), and (c) through (i) of this part. EPIRBs with water activated 
batteries must, additionally, meet the requirements contained in 
Secs. 80.1053 (a)(10) and (a)(11) of this part,
    (4) Bear a designation that indicates it is a ``Class B'' EPIRB.
    (b) A Class B EPIRB may have a manually activated test switch which 
meets the requirements in Sec. 80.1053 (b) and (c).
    (c) If testing of an EPIRB with Coast Guard coordination is not 
possible, brief operational tests are authorized provided the tests are 
conducted within the first five minutes of any hour and are not longer 
than three audio sweeps or one second whichever is longer.

[51 FR 31213, Sept. 2, 1986; 52 FR 35246, Sept. 18, 1987, as amended at 
53 FR 8906, Mar. 18, 1988; 56 FR 11517, Mar. 19, 1991]



Sec. 80.1057  Special requirements for Class C EPIRB stations.

    Class C EPIRB's shall not be manufactured, imported, or sold in the 
United States after February 1, 1995. Class C EPIRB stations installed 
on board vessels before February 1, 1995, may be used until February 1, 
1999, and not thereafter.
    (a) A Class C EPIRB must operate on the frequencies 156.750 and 
156.800 MHz, must use G3N modulation, and employ the international 
Radiotelephone Two Tone Alarm signal. The EPIRB transmission must be 
cycled. Each cycle must consist of 6 periods (T1 to T6) as shown in the 
table below. During T1, T2, T3, and T5 the 156.750 MHz and 156.800 MHz 
carriers must be modulated alternately by a 2200 Hz and a 1300 Hz tone.

    The modulating duration of each tone must be 250 milliseconds. The 
maximum tolerance of the frequency and modulating duration of each tone 
must be 5 percent. During T4 and T6 neither of the RF 
carriers must be emitted. The T4 and T6 time periods must be varied 
according to the predetermined schedule shown in the table below. After 
the last cycle the transmissions must be terminated. The EPIRB must be 
able to recycle its transmissions in accordance to the schedule shown in 
the table below by placing the activation switch to the ``off' and then 
``on'' position.

------------------------------------------------------------------------
                                      Duration in        Transmission
             Period                     seconds        frequency in MHz
------------------------------------------------------------------------
T1..............................  1.5...............  156.800
T2..............................  14.5..............  156.750
T3..............................  1.5...............  156.800
T4..............................  40.0 (16 cycles)..  None.
T4..............................  80.0 (32 cycles)..  ..................
T4..............................  160.0 (64.2         ..................
                                   cycles).
T4..............................  320.0 (83.2         ..................
                                   cycles).
T5..............................  14.5..............  156.750
T6..............................  Sames as T4         None.
                                   duration.
------------------------------------------------------------------------


    (b) The effective radiated power must not be less than 1 watt. The 
power must be determined according to FCC Bulletin OCE 45. The EPIRB 
must meet the power requirements over each of the following temperature 
ranges for the time period shown below. Batteries may be replaced after 
completion of tests for each temperature range:
    (1) 0 to +50 degrees Celsius for 24 hours continuous operation.
    (2) -20 to 0 degrees Celsius for 12 hours continuous operation.
    (c) The equipment must have a transmitter, an integral antenna and a 
power supply. The transmitter and power supply must be in separate 
compartments in a single watertight case.
    (d) The equipment must be provided with a visible or audible 
indicator which clearly shows the device is operating. The indicator 
must be activated by the RF output power.
    (e) The equipment must operate when hand held or when floating in 
water after storage for extended periods under marine environmental 
conditions.
    (f) The switch used to activate the EPIRB must indicate the state of 
the

[[Page 169]]

equipment (on-off) by the physical position of the switch. A guard must 
be provided to prevent inadvertent operation.
    (g) The equipment case must be waterproof and resealable without 
special tools or sealing compounds. EPIRB operation must not be degraded 
by submersion in sea water for a period of 24 hours.
    (h) The EPIRB must float in fresh water with the antenna vertical 
and completely out of the water.
    (i) Vacuum tubes are not permitted in EPIRB's. The EPIRB must meet 
the requirements after extended periods of inaction while carried in 
vessels and subjected to marine environmental conditions. Operation into 
any load from open to short must not result in continuous degradation of 
performance.
    (j) The exterior of the equipment must have no sharp edges or 
projections. Means must be provided to secure the EPIRB to a survival 
craft or person.
    (k) Operating instructions understandable by untrained personnel 
must be permanently displayed on the equipment. It must indicate that 
the device is ``to be used solely for distress purposes.''
    (l) The equipment must have no exposed areas or terminals that could 
ignite flammable gases or materials.
    (m) The omndirectional antenna must be securely attached to the case 
and capable of being stowed without being damaged.
    (n) The equipment must meet the technical standards after being 
dropped into water from a height of 6 meters (20 feet).
    (o) The EPIRB must meet the technical standards when plunged into 
sea water at +20 degrees Celsius after storage at a temperature of +50 
degrees Celsius.
    (p) If testing of an EPIRB with Coast Guard coordination is not 
possible, brief operational tests are authorized provided the tests are 
conducted within the first five minutes of any hour for not more than 10 
seconds.
    (q) The EPIRB must automatically turn off after 24 hours 
5 percent. It must be possible to restart the transmission 
sequence by placing the on-off switch momentarily in the off position 
and returning it to the on position.
    (r) The EPIRB must be equipped with a visual indication of a low 
battery condition.
    (s) The EPIRB must have a designation that indicates it is a ``Class 
C'' EPIRB.

[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 33344, June 17, 1993]



Sec. 80.1059  Special requirements for Class S EPIRB stations.

    (a) A Class S EPIRB station must be able to float or be permanently 
secured to a survival craft.
    (b) A Class S EPIRB able to float must meet the following:
    (1) Be watertight and float in calm water with at least 5 cm (2 in.) 
of the EPIRB out of the water and the base of the antenna at least 5 cm 
(2 in.) above the water, with the antenna in a vertical position 
completely above the water surface;
    (2) Be ballasted to right itself from a position 90 degrees from its 
upright position in one second or less;
    (3) Meet the requirements in Sec. 80.1053 (a)(4) through (9) after 
free fall into water 3 times from a height of 20 meters (67 ft.).
    (c) A Class S EPIRB intended to be permanently secured to a survival 
craft is not required to float in water.
    (d) Additionally, all Class S EPIRB's must meet the following:
    (1) Be capable only of manual activation by an on-off switch 
protected by a guard to prevent inadvertent operation;
    (2) Be designed to be deployed, its controls actuated, or its 
antenna erected, each by a single action task which can be performed by 
either hand;
    (3) Meet the requirements in Secs. 80.1053 (a)(4) through (a)(8) and 
(b) through (i) of this part;
    (4) Class S EPIRBs may provide either continuous or intermittent 
operation. If the EPIRB is designed for intermittent operation, the duty 
cycle must be from 50 to 60 per cent and the period two minutes plus or 
minus 12 seconds. In either event, the EPIRB must meet the power output 
characteristics described in Sec. 80.1053(a)(8) of this part;

[[Page 170]]

    (5) If testing of an EPIRB with Coast Guard coordination is not 
possible, brief operational tests are authorized provided the tests are 
conducted within the first five minutes of any hour and are not longer 
than three audio sweeps or one second whichever is longer;
    (6) Have a designation that indicates it is a ``Class S'' EPIRB.
    (e) Applications for certification must include a letter from the 
manufacturer stating that the EPIRB meets the requirements in paragraphs 
(b) and (d), or (c) and (d) of this section.

[51 FR 31213, Sept. 2, 1986, as amended at 56 FR 11517, Mar. 19, 1991; 
63 FR 36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 80.1059, 
paragraph (e) was amended by removing the term ``type acceptance'' and 
adding in its place ``certification'', effective Oct. 5, 1998.



Sec. 80.1061  Special requirements for 406.025 MHz EPIRBs.

    (a) Notwithstanding the provisions in paragraph (b) of this section, 
406.025 MHz EPIRBs must meet all the technical and performance standards 
contained in the Radio Technical Commission for Maritime Services 
document titled ``RTCM Recommended Standards for 406 MHz Satellite 
Emergency Position-Indicating Radiobeacons (EPIRBs)'' dated July 31, 
1987, with editorial updates of December 31, 1987 (RTCM Recommended 
Standards). This RTCM document is incorporated by reference in 
accordance with 5 U.S.C. 552(a). The document is available for 
inspection at Commission headquarters in Washington, DC or may be 
obtained from the Radio Technical Commission for Maritime Services, Post 
Office Box 19087, Washington, DC 20036.
    (b) The 406.025 MHz EPIRB must contain as an integral part a 
``homing'' beacon operating only on 121.500 MHz that meets all the 
requirements described in the RTCM Recommended Standards document 
described in paragraph (a) of this section. The 121.500 MHz ``homing'' 
beacon must have a continuous duty cycle that may be interrupted during 
the transmission of the 406.025 MHz signal only. Additionally, at least 
30 percent of the total power emitted during any transmission cycle must 
be contained within plus or minus 30 Hz of the carrier frequency.
    (c) Prior to submitting a certification application for a 406 MHz 
radiobeacon, the radiobeacon must be certified by a test facility 
recognized by one of the COSPAS/SARSAT Partners that the equipment 
satisfies the design characteristics associated with the measurement 
methods described in Appendix B of the RTCM Recommended Standards.

Additionally, the radiobeacon must be certified by a test facility 
recognized by the U.S. Coast Guard to certify that the equipment 
complies with the U.S. Coast Guard environmental and operational 
requirements associated with the test procedures described in Appendix A 
of the RTCM Recommended Standards. Information regarding the recognized 
test facilities may be obtained from Commandant (G-MVI), U.S. Coast 
Guard, 2100 2nd Street SW., Washington, DC 20593-0001.
    (1) After a 406.025 MHz EPIRB has been certified by the recognized 
test facilities the following information must be submitted in duplicate 
to the Commandant (G-MVI), U.S. Coast Guard, 2100 2nd Street SW., 
Washington, DC 20593-0001:
    (i) The name of the manufacturer or grantee and model number of the 
EPIRB;
    (ii) Copies of the certificate and test data obtained from the test 
facility recognized by a COSPAS/SARSAT Partner showing that the 
radiobeacon complies with the COSPAS/SARSAT design characteristics 
associated with the measurement methods described in Appendix B of the 
RTCM Recommended Standards;
    (iii) Copies of the test report and test data obtained from the test 
facility recognized by the U.S. Coast Guard showing that the radiobeacon 
complies with the U.S. Coast Guard environmental and operational 
characteristics associated with the measurement methods described in 
Appendix A of the RTCM Recommended Standards; and
    (iv) Instruction manuals associated with the radiobeacon, 
description of the test characteristics of the radiobeacon including 
assembly drawings, electrical schematics, description of parts list, 
specifications of materials

[[Page 171]]

and the manufacturer's quality assurance program.
    (2) After reviewing the information described in paragraph (c)(1) of 
this section the U.S. Coast Guard will issue a letter stating whether 
the radiobeacon satisfies all RTCM Recommended Standards.
    (d) A certification application for a 406.025 MHz EPIRB submitted to 
the Commission must also contain a copy of the U.S. Coast Guard letter 
that states the radiobeacon satisfies all RTCM Recommended Standards, a 
copy of the technical test data, and the instruction manual(s).
    (e) An identification code, issued by the National Oceanic and 
Atmospheric Administration (NOAA), the United States Program Manager for 
the 406.025 MHz COSPAS/SARSAT satellite system, must be programmed in 
each EPIRB unit to establish a unique identification for each EPIRB 
station. With each marketable EPIRB unit the manufacturer or grantee 
must include a postage pre-paid registration card printed with the EPIRB 
identification code addressed to: NOAA/NESDIS, SARSAT Operations 
Division, E/SP3, Federal Building 4, Washington, DC 20233. The 
registration card must request the owner's name, address, telephone 
number, type of ship, alternate emergency contact and include the 
following statement: ``WARNING--failure to register this EPIRB with NOAA 
before installation could result in a monetary forfeiture being issued 
to the owner.''
    (f) To enhance protection of life and property it is mandatory that 
each 406.025 MHz EPIRB be registered with NOAA before installation and 
that information be kept up-to-date. Therefore, in addition to the 
identification plate or label requirements contained in Secs. 2.925, 
2.926 and 2.1003 of this chapter, each 406.025 MHz EPIRB must be 
provided on the outside with a clearly discernable permanent plate or 
label containing the following statement: ``The owner of this 406.025 
MHz EPIRB must register the NOAA identification code contained on this 
label with the National Oceanic and Atmospheric Administration (NOAA) 
whose address is: NOAA, NOAA/SARSAT Operations Division, E/SP3, Federal 
Building 4, Washington, D.C. 20233.'' Vessel owners shall advise NOAA in 
writing upon change of vessel or EPIRB ownership, transfer of EPIRB to 
another vessel, or any other change in registration information. NOAA 
will provide registrants with proof of registration and change of 
registration postcards.
    (g) For 406.025 MHz EPIRBs whose identification code can be changed 
after manufacture, the identification code shown on the plate or label 
must be easily replaceable using commonly available tools.

[53 FR 37308, Sept. 26, 1988, as amended at 56 FR 11517, Mar. 19, 1991; 
59 FR 35269, July 11, 1994; 63 FR 36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 80.1061, 
paragraphs (c) and (d) are amended by removing the term ``type 
acceptance'' and adding in its place ``certification'', effective Oct. 
5, 1998.



      Subpart W--Global Maritime Distress and Safety System (GMDSS)

                           General Provisions

    This subpart contains the rules applicable to the Global Maritime 
Distress and Safety System (GMDSS). Every ship of the United States 
subject to part II of title III of the Communications Act or the Safety 
Convention must comply with the provisions of this subpart. The rules in 
this subpart are to be read in conjunction with the applicable 
requirements contained elsewhere in this part; however, in case of 
conflict, the provisions of this subpart shall govern with respect to 
the GMDSS. For the purposes of this subpart, distress and safety 
communications include distress, urgency, and safety calls and messages.

    Source: 57 FR 9065, Mar. 16, 1992, unless otherwise noted.
    Note: No provision of this subpart is intended to eliminate, or in 
anyway modify, other requirements contained in this part with respect to 
part II of title III of the Communications Act.



Sec. 80.1065  Applicability.

    (a) The regulations contained in Sec. 80.1119 apply to public coast 
stations and coast earth stations as of February 1, 1992.
    (b) The regulations contained within this subpart apply to all 
passenger ships regardless of size and cargo ships

[[Page 172]]

of 300 tons gross tonnage and upwards as follows:
    (1) Ships must comply with Secs. 80.1085(a)(4) and 80.1085(a)(6) not 
later than August 1, 1993.
    (2) Ships constructed on or after February 1, 1992, must comply with 
Sec. 80.1095 as of that date. All other ships must comply with 
Sec. 80.1095 as of February 1, 1995.
    (3) Ships constructed on or after February 1, 1995, must comply with 
all requirements of this subpart.
    (4) Ships constructed before February 1, 1995, must comply with all 
requirements of this subpart as of February 1, 1999.
    (5) During the period between February 1, 1992, and February 1, 
1999, all ships must comply with:
    (i) The requirements of this subpart;
    (ii) The requirements of chapter IV of the International Convention 
for the Safety of Life at Sea, 1974, in force prior to February 1, 1992 
(see subparts Q and R of this part); or
    (iii) The requirements of either Sec. 80.836 or Sec. 80.933.
    (6) The expression ``ships constructed'' means ``ships the keels of 
which are laid, or construction identificable with a specific ship 
begins and assembly of that ship has commenced comprising at least 50 
tons gross tonnage or 1% of the estimated mass of all structural 
material, whichever is less.
    (c) The requirements of this subpart do not modify the requirements 
for ships navigated on the Great Lakes or small passenger boats. The 
requirements contained in the Agreement Between the United States of 
America and Canada for Promotion of Safety on the Great Lakes by Means 
of Radio, 1973, continue to apply (see subpart T of this part). The 
requirements contained in part III of title III of the Communications 
Act continue to apply (see subpart S of this part).
    (d) No provision in this subpart is intended to prevent the use by 
any ship, survival craft, or person in distress, of any means at their 
disposal to attract attention, make known their position and obtain 
help.

[57 FR 9065, Mar. 16, 1992, as amended at 60 FR 58245, Nov. 27, 1995; 60 
FR 62927, Dec. 7, 1995]



Sec. 80.1067  Inspection of station.

    (a) Ships must have the required equipment inspected at least once 
every 12 months by an FCC-licensed technician holding a GMDSS Radio 
Maintainer's License. If the ship passes the inspection the technician 
will issue a Safety Certificate. Safety Certificates may be obtained 
from the Commission's National Call Center at 1-888-CALL FCC (1-888-225-
5322) or from its field offices. The effective date of the ship Safety 
Certificate is the date the station is found to be in compliance or not 
later than one business day later. The FCC-licensed technician must use 
the latest FCC Information Bulletin, How to Conduct a GMDSS Inspection. 
Contact the FCC's National Call Center at 1-888-CALL FCC (1-888-225-
5322) to request a copy.
    (b) Certificates issued in accordance with the Safety Convention 
must be posted in a prominent and accessible place on the ship.

[57 FR 9065, Mar. 16, 1992, as amended at 63 FR 29660, June 1, 1998]



Sec. 80.1069  Maritime sea areas.

    (a) For the purpose of this subpart, a ship's area of operation is 
defined as follows:
    (1) Sea area A1. An area within the radiotelephone coverage of at 
least one VHF coast station in which continuous DSC alerting is 
available as defined by the International Maritime Organization.
    (2) Sea area A2. An area, excluding sea area A1, within the 
radiotelephone coverage of at least one MF coast station in which 
continuous DSC alerting is available as defined by the International 
Maritime Organization.
    (3) Sea area A3. An area, excluding sea areas A1 and A2, within the 
coverage of an INMARSAT geostationary satellite in which continuous 
alerting is available.
    (4) Sea area A4. An area outside sea areas A1, A2 and A3.
    (b) Maritime sea areas are delineated in the International Maritime 
Organization Publication GMDSS Master Plan of Shore-Based Facilities. 
The Master Plan can be purchased from the International Maritime 
Organization, 4

[[Page 173]]

Albert Embankment, London SE1 7SR, United Kingdom.



Sec. 80.1071  Exemptions.

    (a) In certain circumstances, partial or conditional exemptions may 
be granted to individual ships from the requirements of Secs. 80.1085, 
80.1087, 80.1089, 80.1091, and 80.1093 provided: such ships comply with 
the functional requirements of Sec. 80.1081 and a showing is made that 
such an exemption will not have a material effect upon the general 
efficiency of the service for the safety of all ships.
    (b) An exemption may be granted under paragraph (a) of this section 
only:
    (1) If the conditions affecting safety are such as to render the 
full application of Secs. 80.1085, 80.1087, 80.1089, 80.1091, and 
80.1093 unreasonable or unnecessary or otherwise not in the public 
interest;
    (2) In exceptional circumstances, for a single voyage outside the 
sea area or sea areas for which the ship is equipped; or
    (3) Prior to February 1, 1999, when the ship will be taken 
permanently out of service within two years of a requirement date 
specified in Sec. 80.1065.



Sec. 80.1073  Radio operator requirements for ship stations.

    (a) Ships must carry at least two persons holding GMDSS Radio 
Operator's Licenses as specified in Sec. 13.2 of this chapter for 
distress and safety radiocommunications purposes. The GMDSS Radio 
Operator's License qualifies personnel as GMDSS radio operator for the 
purposes of operating GMDSS radio installation, including basic 
equipment adjustments as denoted in knowledge requirements specified in 
Sec. 13.21 of this chapter.
    (1) One of the qualified GMDSS radio operators must be designated to 
have primary responsiblility for radiocommunications during distress 
incidents.
    (2) A second qualified GMDSS radio operator must be designated as 
backup for distress and safety radiocommunications.
    (b) A qualified GMDSS radio operator, and a qualified backup, as 
specified in paragraph (a) of this section must be:
    (1) Available to act as the dedicated radio operator in cases of 
distress as described in Sec. 80.1109(a);
    (2) Designated to perform as part of normal routine each of the 
applicable communications described in Sec. 80.1109(b);
    (3) Responsible for selecting HF DSC guard channels and receiving 
scheduled maritime safety information broadcasts;
    (4) Designated to perform communications described in 
Sec. 80.1109(c);
    (5) Responsible for ensuring that the watches required by 
Sec. 80.1123 are properly maintained; and
    (6) Responsible for ensuring that the ship's navigation position is 
entered, either manually or automatically through a navigation receiver, 
into all installed DSC equipment at least every four hours while the 
ship is underway.



Sec. 80.1074  Radio maintenance personnel for at-sea maintenance.

    (a) Ships that elect the at-sea option for maintenance of GMDSS 
equipment (see Sec. 80.1105) must carry at least one person who 
qualifies as a GMDSS radio maintainer, as specified in paragraph (b) of 
this section, for the maintenance and repair of equipment specified in 
this subpart. This person may be, but need not be, the person designated 
as GMDSS radio operator as specified in Sec. 80.1073.
    (b) The following licenses qualify personnel as GMDSS radio 
maintainers to perform at-sea maintenance of equipment specified in this 
subpart. For the purposes of this subpart, no order is intended by this 
listing or the alphanumeric designator.
    (1) GM: GMDSS Maintainer's License;
    (2) GB: GMDSS Operator's/Maintainer's License; or,
    (3) Until February 1, 1999:
    (i) T-1: First Class Radiotelegraph Operator's Certificate;
    (ii) T-2: Second Class Radiotelegraph Operator's Certificate; or,
    (iii) G: General Radiotelephone Operator License.
    (c) While at sea, all adjustments of radio installations, servicing, 
or maintenance of such installations that may

[[Page 174]]

affect the proper operation of the GMDSS station must be performed by, 
or under the immediate supervision and responsibility of, a qualified 
GMDSS radio maintainer as specified in paragraph (b) of this section.
    (d) The GMDSS radio maintainer must possess the knowledge covering 
the requirements set forth in IMO Assembly on Training for Radio 
Personnel (GMDSS), Annex 5 and IMO Assembly on Radio Maintenance 
Guidelines for the Global Maritime Distress and Safety System related to 
Sea Areas A3 and A4.

[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 49872, Sept. 18, 1998]

    Effective Date Note:  At 63 FR 49872, Sept. 18, 1998, Sec. 80.1074 
was amended by revising paragraph (b), effective Oct. 19, 1998. For the 
convenience of the user, the superseded text is set forth as follows:

Sec. 80.1074  Radio maintenance personnel for at-sea maintenance.

                                * * * * *

    (b) The following licenses qualify personnel as GMDSS radio 
maintainers to perform at-sea maintenance of equipment specified in this 
subpart. For the purposes of this subpart, no order is intended by this 
listing or the alphanumeric designator.
    (1) T-1: First Class Radiotelegraph Operator's Certificate;
    (2) T-2: Second Class Radiotelegraph Operator's Certificate;
    (3) G: General Radiotelephone Operator License.

                                * * * * *



Sec. 80.1075  Radio records.

    A record must be kept, as required by the Radio Regulations and 
Sec. 80.409 (a), (b) and (e), of all incidents connected with the 
radiocommunication service which appear to be of importance to safety of 
life at sea.



Sec. 80.1077  Frequencies.

    The following table describes the frequencies used in the Global 
Maritime Distress and Safety System:

Alerting:
  406 EPIRBs..............................  406-406.1 MHz (Earth-
                                             tospace).
                                            1544-1545 MHz (space-to-
                                             Earth).
  INMARSAT A or C SES.....................  1626.5-1645.5 MHz (Earth-to-
                                             space).
  VHF DSC Ch. 70..........................  156.525 MHz 1.
  MF/HF DSC 2.............................  2187.5 kHz 3, 4207.5 kHz,
                                             6312 kHz, 8414.5 kHz, 12577
                                             kHz, and 16804.5 kHz.
On-scene communications:
  VHF Ch. 16..............................  156.8 MHz.
  MF radiotelephony.......................  2182 kHz.
  NBDP....................................  2174.5 kHz.
Communications involving aircraft:
  On-scene, including search and rescue...  156.8 MHz 4, 121.5 MHz 5,
                                             123.1 MHz, 156.3 MHz, 2182
                                             kHz, 3023 kHz, 4125 kHz,
                                             and 5680 kHz 6.
Locating signals:
  406 MHz EPIRB beacons...................  121.5 MHz.
  9 GHz radar transponders................  9200-9500 MHz.
Maritime safety information (MSI):
  International NAVTEX....................  518 kHz 7.
  Warnings................................  490 kHz 8, 4209.5 kHz 9.
  NBDP....................................  4210 kHz, 6314 kHz, 8416.5
                                             kHz, 12579 kHz, 16806.5
                                             kHz, 19680.5 kHz, 22376
                                             kHz, 26100.5 kHz.
  Satellite...............................  1530-1545 MHz (space-to-
                                             Earth) 10.
General distress and safety communications
 and calling:
  Satellite...............................  1530-1544 MHz (space-to-
                                             Earth) and 1626.5-1645.5
                                             (Earth-to-space) 10.
  Radiotelephony..........................  2182 kHz, 4125 kHz, 6215
                                             kHz, 8291 kHz, 12290 kHz,
                                             16420 kHz, and 156.8 MHz.
  NBDP....................................  2174.5 kHz, 4177.5 kHz, 6268
                                             kHz, 8376.5 kHz, 12520 kHz,
                                             and 16695 kHz.
  DSC.....................................  2187.5 kHz, 4207.5 kHz, 6312
                                             kHz, 8414.5 kHz, 12577 kHz,
                                             16804.5 kHz, and 156.525
                                             MHz.
Survival craft:
  VHF radiotelephony......................  156.8 MHz and one other 156-
                                             174 MHz frequency.

[[Page 175]]

 
  9 GHz radar transponders................  9200-9500 MHz.
 
1 Frequency 156.525 MHz can be used for ship-to-ship alerting and, if
  within sea area A1, for ship-to-shore alerting.
2 For ships equipped with MF/HF equipment, there is a watch requirement
  on 2187.5 kHz, 8414.5 kHz, and one other frequency.
3 Frequency 2187.5 kHz can be used for ship-to-ship alerting and, if
  within sea areas A2, for ship-to-shore alerting.
4 Frequency 156.8 MHz may also be used by aircraft for safety purposes
  only.
5 Frequency 121.5 MHz may be used by ships for aeronautical distress and
  urgency purposes.
6 The priority of use for ship-aircraft communications in 4125 kHz, then
  3023 kHz. Additionally, frequencies 123.1 MHz, 3023 kHz, and 5680 kHz
  can be used by land stations engaged in coordinated search and rescue
  operations.
7 The international NAVTEX frequency 518 kHz is the primary frequency
  for receiving maritime safety information. The other frequencies are
  used only to augment the coverage or information provided on 518 kHz.
8 Frequency 490 kHz cannot be used for MSI employing NBDP transmissions
  until February 2, 1999.
9 Frequency 4209.5 kHz is not used in the United States (see 47 CFR
  2.106 footnote 520A).
10 In addition to EPIRBs, 1544-1545 MHz can be used for narrowband
  distress and safety operations and 1645.5-1646.5 MHz can be used for
  relay of distress alerts between satellites. Feeder links for
  satellite communications are assigned from the fixed satellite
  service, see 47 CFR 2.106.

                Equipment Requirements for Ship Stations



Sec. 80.1081  Functional requirements.

    Ships, while at sea, must be capable:
    (a) Except as provided in Secs. 80.1087(a)(1) and 
80.1091(a)(4)(iii), of transmitting ship-to-shore distress alerts by at 
least two separate and independent means, each using a different 
radiocommunication service;
    (b) Of receiving shore-to-ship distress alerts;
    (c) Of transmitting and receiving ship-to-ship distress alerts;
    (d) Of transmitting and receiving search and rescue co-ordinating 
communications;
    (e) Of transmitting and receiving on-scene communications;
    (f) Of transmitting and receiving signals for locating;
    (g) Of transmitting and receiving maritime safety information;
    (h) Of transmitting and receiving general radiocommunications to and 
from shore-based radio sytsems or networks; and
    (i) Of transmitting and receiving bridge-to-bridge communications.



Sec. 80.1083  Ship radio installations.

    (a) Ships must be provided with radio installations capable of 
complying with the functional requirements prescribed by Sec. 80.1081 
throughout its intended voyage and, unless exempted under Sec. 80.1071, 
complying with the requirements of Sec. 80.1085 and, as appropriate for 
the sea area of areas through which it will pass during its intended 
voyage, the requirements of either Secs. 80.1087, 80.1089, 80.1091, or 
80.1093.
    (b) The radio installation must:
    (1) Be so located that no harmful interference of mechanical, 
electrical or other origin affects its proper use, and so as to ensure 
electromagnetic compatibility and avoidance of harmful interaction with 
other equipment and systems;
    (2) Be so located as to ensure the greatest possible degree of 
safety and operational availability;
    (3) Be protected against harmful effects of water, extremes of 
temperature and other adverse environmental conditions;
    (4) Be provided with reliable, permanently arranged electrical 
lighting, independent of the main and emergency sources of electrical 
power, for the adequate illumination of the radio controls for operating 
the radio installation; and
    (5) Be clearly marked with the call sign, the ship station identity 
and other codes as applicable for the use of the radio installation.
    (c) Control of the VHF radiotelephone channels required for 
navigational safety must be immediately available on the navigating 
bridge convenient to the conning position and, where necessary, 
facilities should be available to permit radiocommunications from the 
wings of the navigating bridge. Portable VHF equipment may be used to 
meet the latter provision.



Sec. 80.1085  Ship radio equipment--General.

    This section contains the general equipment requirements for all 
ships subject to this subpart.
    (a) Ships must be provided with:
    (1) A VHF radio installation capable of transmitting and receiving:
    (i) DSC on the frequency 156.525 MHz (channel 70), and it must be 
able to initiate the transmission of distress alerts on channel 70 from 
the position from

[[Page 176]]

which the ship is normally navigated; and
    (ii) Radiotelephony on the frequencies 156.300 MHz (channel 6), 
156.650 MHz (channel 13), and 156.800 MHz (channel 16);
    (2) A dedicated, non-scanning radio installation capable of 
maintaining a continuous DSC watch on VHF channel 70 which may be 
separate from, or combined with, that required by paragraph (a)(1)(i) of 
this section;
    (3) A radar transponder capable of operating in the 9 GHz band, 
which must be stowed so that it is easily utilized (this transponder may 
be one of those required by Sec. 80.1095(b) for a survival craft);
    (4) A receiver capable of receiving international NAVTEX service 
broadcasts;
    (5) If the ship is engaged on voyages in any area of INMARSAT 
coverage in which an international NAVTEX service is not provided, a 
radio facility for reception of maritime safety information by the 
INMARSAT enhanced group calling system, i.e., SafetyNet, (this 
requirement does not apply to ships engaged exclusively on voyages in 
areas where an HF direct-printing telegraphy maritime safety information 
service, as identified by the IMO GMDSS Master Plan Publication, is 
provided and the ship is fitted with equipment capable of receiving such 
service); and
    (6) A satellite emergency position-indicating radio beacon 
(satellite EPIRB) which must be:
    (i) Capable of transmitting a distress alert through the polar 
orbiting satellite service operating in the 406 MHz band (406 MHz 
EPIRB); and
    (ii) Installed in an easily accessible position, ready to be 
manually released and capable of being carried by one person into a 
survival craft, capable of floating free if the ship sinks and of being 
automatically activated when afloat, and capable of being activated 
manually.
    (b) Until February 1, 1999, all ships must be equipped with a radio 
installation consisting of a radiotelephone distress frequency 2182 kHz 
watch receiver prescribed by Sec. 80.807. This requirement does not 
apply to ships constructed on or after February 1, 1997.
    (c) Until February 1, 1999, all ships, except ships engaged on 
voyages in sea area A1 only, must be equipped with a device for 
generating the 2182 kHz radiotelephone alarm signal as prescribed by 
Sec. 80.807. This requirement does not apply to ships constructed on or 
after February 1, 1997.
    (d) Ships must carry the most recent edition of the IMO publication 
entitled GMDSS Master Plan of Shore-Based Facilities. Notice of new 
editions will be published in the Federal Register and copies may be 
obtained from: International Maritime Organization, 4 Albert Embankment, 
London SE1 7SR, United Kingdom.

[51 FR 31213, Sept. 2, 1986, as amended at 60 FR 50122, Sept. 28, 1995]



Sec. 80.1087  Ship radio equipment--Sea area A1.

    This section contains the additional equipment requirements for 
ships that remain within sea area A1 at all times.
    (a) In addition to meeting the requirements of Sec. 80.1085, ships 
engaged on voyages exclusively in sea area A1 must be provided with a 
radio installation capable of initiating the transmission of ship-to-
shore distress alerts from the position from which the ship is normally 
navigated, operating either:
    (1) On VHF using DSC; or
    (2) Through the polar orbiting satellite service on 406 MHz (this 
requirement may be fulfilled by the 406 MHz EPIRB, required by 
Sec. 80.1085(a)(6), either by installing the 406 MHz EPIRB close to, or 
by allowing remote activation from, the position from which the ship is 
normally navigated); or
    (3) On MF using DSC if the ship is engaged on voyages within 
coverage of MF coast stations equipped with DSC; or
    (4) On HF using DSC; or
    (5) Through the INMARSAT geostationary satellite service if within 
INMARSAT coverage. This requirement may be fulfilled by an INMARSAT ship 
earth station capable of two way communication.
    (b) The VHF radio installation, required by Sec. 80.1085(a)(1), must 
also be capable of transmitting and receiving general 
radiocommunications using radiotelephony.

[[Page 177]]



Sec. 80.1089  Ship radio equipment--Sea areas A1 and A2.

    This section contains the additional equipment requirements for 
ships that remain within sea areas A1 or A2 at all times. Ships fitting 
in accordance with this section satisfy the sea area A1 requirements 
denoted in Sec. 80.1087.
    (a) In addition to meeting the requirements of Sec. 80.1085, ships 
engaged on voyages beyond sea area A1, but remaining within sea area A2, 
must be provided with:
    (1) An MF radio installation capable of transmitting and receiving, 
for distress and safety purposes, on the frequencies:
    (i) 2187.5 kHz using DSC; and
    (ii) 2182 kHz using radiotelephony;
    (2) A radio installation capable of maintaining a continuous DSC 
watch on the frequency 2187.5 kHz which may be separate from or combined 
with, that required by paragraph (a)(1)(i) of this section; and
    (3) Means of initiating the transmission of ship-to-shore distress 
alerts by a radio service other than MF operating either:
    (i) Through the polar orbiting satellite service on 406 MHz (this 
requirement may be fulfilled by the 406 MHz EPIRB required by 
Sec. 80.1085(a)(6), either by installing the 406 MHz EPIRB close to, or 
by allowing remote activation from, the position from which the ship is 
normally navigated); or
    (ii) On HF using DSC; or
    (iii) Through the INMARSAT geostationary satellite service if within 
INMARSAT coverage; this requirement may be fulfilled by an INMARSAT ship 
earth station.
    (b) It must be possible to initiate transmission of distress alerts 
by the radio installations specified in paragraphs (a)(1) and (a)(3) of 
this section from the position from which the ship is normally 
navigated.
    (c) Ships subject to this section must be capable of transmitting 
and receiving general radiocommunications using radiotelephony or 
direct-printing telegraphy by either:
    (1) A radio installation operating on working frequencies in the 
bands between 1605-4000 kHz or between 4000-27500 kHz (this requirement 
may be fulfilled by the addition of this capability to the equipment 
required by paragraph (a)(1) of this section); or
    (2) An INMARSAT ship earth station.



Sec. 80.1091  Ship radio equipment--Sea areas A1, A2, and A3.

    This section contains the additional equipment requirements for 
ships that remain within sea areas A1, A2, or A3 at all times. Ships 
fitting in accordance with this section satisfy the requirements denoted 
in Secs. 80.1087 or 80.1089 for sea-areas A1 and A2. Ships fitting in 
accordance to this section have the option to comply with either the 
requirements of paragraph (a) or (b) of this section.
    (a) In addition to meeting the requirements of Sec. 80.1085, ships 
subject to this section must be provided with:
    (1) An INMARSAT ship earth station capable of:
    (i) Transmitting and receiving distress and safety communications 
using direct-printing telegraphy;
    (ii) Initiating and receiving distress priority calls;
    (iii) Maintaining watch for shore-to-ship distress alert, including 
those directed to specifically defined geographical areas;
    (iv) Transmitting and receiving general radiocommunications, using 
either radiotelephony or direct-printing telegraphy; and
    (2) An MF radio installation capable of transmitting and receiving, 
for distress and safety purposes, on the frequencies:
    (i) 2187.5 kHz using DSC; and
    (ii) 2182 kHz using radiotelephony; and
    (3) A radio installation capable of maintaining a continuous DSC 
watch on the frequency 2187.5 kHz which may be separate from or combined 
with that required by paragraph (a)(2)(i) of this section; and
    (4) Means of initiating the transmission of ship-to-shore distress 
alerts by a radio service operating either:
    (i) Through the polar orbiting satellite service on 406 MHz (this 
requirement may be fulfilled by the 406 MHz EPIRB required by 
Sec. 80.1085(a)(6), either by installing the 406 MHz EPIRB close to, or 
by allowing remote activation from, the position from which the ship is 
normally navigated); or

[[Page 178]]

    (ii) On HF using DSC: or
    (iii) Through the INMARSAT geostationary satellite service, by an 
additional ship earth station.
    (b) In addition to meeting the requirements of Sec. 80.1085, ships 
subject to this section must be provided with:
    (1) An MF/HF radio installation capable of transmitting and 
receiving on all distress and safety frequencies in the bands between 
1605-27500 kHz using DSC, radiotelephony, and narrow-band direct-
printing telegraphy; and
    (2) Equipment capable of maintaining DSC watch on 2187.5 kHz, 8414.5 
kHz and on at least one of the distress and safety DSC frequencies 
4207.5 kHz, 6312 kHz, 12577 kHz, or 16804.5 kHz although it must be 
possible to select any of these DSC distress and safety frequencies at 
any time (this equipment may be separate from, or combined with, the 
equipment required by paragraph (b)(1) of this section); and
    (3) Means of initiating the transmission of ship-to-shore distress 
alerts by a radiocommunication service other than HF operating either:
    (i) Through the polar orbiting satellite service on 406 MHz (this 
requirement may be fulfilled by the 406 MHz EPIRB required by 
Sec. 80.1085(a)(6), either by installing the 406 MHz EPIRB close to, or 
by allowing remote activation from, the position from which the ship is 
normally navigated; or
    (ii) Through the INMARSAT geostationary satellite service (this 
requirement may be fulfilled by an INMARSAT ship earth station).
    (4) In addition, ships must be capable of transmitting and receiving 
general radiocommunications using radiotelephony or direct-printing 
telegraphy by an MF/HF radio installation operating on working 
frequencies in the bands between 1605-4000 kHz and between 4000-27500 
kHz (this requirement may be fulfilled by the addition of this 
capability to the equipment required by paragraph (b)(1) of this 
section).
    (c) It must be possible to initiate transmission of distress alerts 
by the radio installations specified in paragraphs (a)(1), (a)(2), 
(a)(4), (b)(1), and (b)(3) of this section from the position from which 
the ship is normally navigated.



Sec. 80.1093  Ship radio equipment--Sea areas A1, A2, A3, and A4.

    This section contains the additional equipment requirements for 
ships that sail in all sea areas, i.e., sea areas A1, A2, A3, and A4. 
Ships fitting in accordance with this section satisfy the requirements 
denoted in Secs. 80.1087, 80.1089, and 80.1091 for sea areas A1, A2, and 
A3.
    (a) In addition to meeting the requirements of Sec. 80.1085, ships 
engaged on voyages in all sea areas must be provided with the radio 
installations and equipment required by Sec. 80.1091(b), except that the 
equipment required by Sec. 80.1091(b)(3)(ii) cannot be accepted as an 
alternative to that required by regulation Sec. 80.1091(b)(3)(i), which 
must always be provided.
    (b) Ships engaged on voyages in all sea areas also must comply with 
the requirements of Sec. 80.1091(c).



Sec. 80.1095  Survival craft equipment.

    (a) At least three two-way VHF radiotelephone apparatus must be 
provided on every passenger ship and on every cargo ship of 500 tons 
gross tonnage and upwards. At least two two-way VHF radiotelephone 
apparatus must be provided on every cargo ship of between 300-500 tons 
gross tonnage. Portable two-way VHF radiotelephones must be stowed in 
such locations that they can be rapidly placed in any survival craft 
other than liferafts required by Regulation III/26.1.4 of the SOLAS 
Convention. Alternatively, survival craft may be fitted with a fixed 
two-way VHF radiotelephone installation. Two-way VHF radiotelephone 
apparatus, portable or fixed, must conform to performance standards as 
specified in Sec. 80.1101. Two-way VHF radiotelephone apparatus provided 
on board ships prior to February 1, 1992, and not complying fully with 
the performance standards specified in Sec. 80.1101, may be used until 
February 1, 1999, provided it is compatible with approved two-way VHF 
radiotelephone apparatus.
    (b) At least one radar transponder must be carried on each side of 
every passenger ship and every cargo ship of 500 tons gross tonnage and 
upwards. At least one radar transponder must be carried on every cargo 
ship of 300 tons gross tonnage and upwards but less than 500 tons gross 
tonnage. Such radar

[[Page 179]]

transponders must conform to performance standards as specified in 
Sec. 80.1101. The radar transponders must be stowed in such locations 
that they can be rapidly placed in any survival craft other than 
liferafts required on cargo ships in forward and aft areas (see 
Regulation III/26.1.4 of the SOLAS Convention). Alternatively, one radar 
transponder must be stowed in each survival craft other than those 
required by Regulation III/26.1.4 of the SOLAS Convention. One of these 
radar transponders may be radar transponder required by 
Sec. 80.1085(a)(3).
    (c) Survival craft equipment must be tested at intervals not to 
exceed twelve months. For batteries used for survival craft equipment, 
the month and year of its manufacture must be permanently marked on the 
battery. Also, the month and year upon which 50 percent of its useful 
life will expire must be permanently marked on both the battery and the 
outside of the transmitter. Batteries must be replaced if 50 percent of 
their useful life has expired or if the transmitter has been used in an 
emergency situation.



Sec. 80.1099  Ship sources of energy.

    (a) There must be available at all times, while the ship is at sea, 
a supply of electrical energy sufficient to operate the radio 
installations and to charge any batteries used as part of a reserve 
source of energy for the radio installations.
    (b) A reserve source of energy to supply radio installations must be 
provided on every ship for the purpose of conducting distress and safety 
radiocommunications, in the event of failure of the ship's main and 
emergency sources of electrical power. The reserve sources of energy 
must be capable of simultaneously operating the VHF radio installation 
required by Sec. 80.1085(a)(1) and, as appropriate for the sea area or 
sea areas for which the ship is equipped, either the MF radio 
installation required by Sec. 80.1089(a)(1), the MF/HF radio 
installation required by Sec. 80.1091(a)(2)(i) or Sec. 80.1093(a), or 
the INMARSAT ship earth station required by Sec. 80.1091(a)(1) and any 
of the additional loads mentioned in paragraphs (d), (e) and (h) of this 
section for a period of at least:
    (1) One hour, on ships constructed on or after February 1, 1995;
    (2) One hour, on ships constructed before February 1, 1995, if the 
emergency source of electrical power complies fully with all relevant 
requirements of SOLAS, Chapter II-1, Regulation 42 or 43 (as amended); 
or
    (3) Six hours, on ships constructed before February 1, 1995, and on 
cargo ships of less than 500 tons gross tonnage, if the emergency source 
of electrical power is not provided or does not comply fully with all 
relevant requirements of SOLAS, Chapter II-1, Regulation 42 or 43 (as 
amended).
    (c) The reserve sources of energy need not supply independent HF and 
MF radio installations at the same time. The reserve sources of energy 
must be independent of the propelling power of the ship and the ship's 
electrical system.
    (d) Where, in addition to the VHF radio installation, two or more of 
the other radio installations, referred to in paragraph (b) of this 
section, can be connected to the reserve sources of energy, they must be 
capable of simultaneously supplying, for one hour, as specified in 
paragraph (b) of this section, the VHF radio installation and;
    (1) All other radio installations which can be connected to the 
reserve sources of energy at the same time; or
    (2) Whichever of the other radio installations will consume the most 
power, if only one of the other radio installations can be connected to 
the reserve sources of energy at the same time as the VHF radio 
installation.
    (e) The reserve sources of energy may be used to supply the 
electrical lighting required by Sec. 80.1083(b)(4).
    (f) Where a reserve source of energy consists of a rechargeable 
accumulator battery or batteries:
    (1) A means of automatically charging such batteries must be 
provided which must be capable of recharging them to minimum capacity 
requirements within 10 hours; and
    (2) The capacity of the battery or batteries must be checked, using 
an appropriate method, at intervals not exceeding 12 months. These 
checks must be performed when the vessel is not at sea.

[[Page 180]]

    (g) The accumulator batteries which provide a reserve source of 
energy must be installed to ensure: The highest degree of service, a 
reasonable lifetime, reasonable safety; that the battery temperatures 
remain within the manufacturer's specifications whether under charge or 
idle; and that when fully charged, the batteries will provide at least 
the minimum required hours of operation under all weather conditions.
    (h) If an uninterrupted input of information from the ship's 
navigational or other equipment to a radio installation required by this 
subpart is needed to ensure its proper performance, means must be 
provided to ensure the continuous supply of such information in the 
event of failure of the ship's main or emergency source of electrical 
power.
    (i) An uninterruptible power supply or other means of ensuring a 
continuous supply of electrical power, within equipment tolerances, 
shall be provided to all GMDSS equipment that could be affected by 
normal variations and interruptions of ship's power.



Sec. 80.1101  Performance standards.

    (a) The abbreviations used in this section are as follows:
    (1) International Maritime Organization (IMO).
    (2) International Telegraph and Telephone Consultative Committee 
(CCITT).
    (3) International Electrotechnical Commission (IEC).
    (4) International Organization for Standardization (ISO).
    (5) International Radio Consultative Committee (CCIR).
    (b) All equipment specified in this subpart must meet the general 
requirements for shipboard equipment listed in this paragraph, which are 
incorporated by reference.
    (1) IMO Resolution A.694(17), ``General Requirements for Shipborne 
Radio Equipment Forming Part of the Global Maritime Distress and Safety 
System (GMDSS) and for Electronic Navigational Aids,'' adopted 6 
November 1991.
    (2) CCITT Recommendation E.161, ``Arrangement of Figures, Letters 
and Symbols on Telephones and Other Devices that Can Be Used for Gaining 
Access to a Telephone Network,'' 1989.
    (3) CCITT Recommendation Q.11, ``Numbering Plan for the 
International Telephone Service,'' 1989.
    (4) IEC Publication 92-101, ``Electrical Installations in Ships,'' 
Third Edition 1980 with amendments through 1984.
    (5) IEC Publication 533, ``Electromagnetic Compatibility of 
Electrical and Electronic Installations in Ships,'' First Edition 1977.
    (6) IEC Publication 945, ``Marine Navigational Equipment,'' First 
Edition 1988.
    (7) ISO Standard 3791, ``Office Machines and Data Processing 
Equipment--Keyboard Layouts for Numeric Applications,'' First Edition 
1976(E).
    (c) The equipment specified in this subpart must also conform to the 
appropriate performance standards listed below which are incorporated by 
reference.
    (1) NAVTEX receivers: (i) IMO Resolution A.525(13), ``Performance 
Standards for Narrow-band Direct Printing Telegraph Equipment for the 
Reception of Navigational and Meteorological Warnings and Urgent 
Information to Ships,'' adopted 17 November 1983.
    (ii) CCIR Recommendation 540-2, ``Operational and Technical 
Characteristics for an Automated Direct-printing Telegraph System for 
Promulgation of Navigational and Meteorological Warnings and Urgent 
Information to Ships,'' 1990.
    (2) VHF radio equipment: (i) IMO Resolution A.609(15), ``Performance 
Standards for Shipborne VHF Radio Installations Capable of Voice 
Communication and Digital Selective Calling,'' adopted 19 November 1987.
    (ii) CCIR Recommendation 493-4, ``Digital Selective-calling System 
for use in the Maritime Mobile Service,'' 1990.
    (3) MF radio equipment: (i) IMO Resolution A. 610(15), ``Performance 
Standards for Shipborne MF Radio Installations Capable of Voice 
Communication and Digital Selective Calling,'' adopted 19 November 1987.
    (ii) CCIR Recommendation 493-4, ``Digital Selective-calling System 
for use in the Maritime Mobile Service,'' 1990.
    (4) MF/HF radio equipment: (i) IMO Resolution A.613(15), 
``Performance

[[Page 181]]

Standards for Shipborne MF/HF Radio Installations capable of Voice 
Communication, Narrow-band Direct Printing and digital Selective 
Calling,'' adopted 19 November 1987.
    (ii) CCIR Recommendations 493-4, ``Digital Selective-calling System 
for use in the Maritime Mobile Service,'' 1990.
    (iii) CCIR Recommendation 625-1, ``Direct-printing Telegraph 
Equipment Employing Automatic Identification in the Maritime Mobile 
Service,'' 1990. Equipment may conform to CCIR Recommendation 476-4, 
``Direct-Printing Telegraph Equipment in the Maritime Mobile Service,'' 
1986, in lieu of CCIR Recommendation 625-1, where such equipment was 
installed on ships prior to February 1, 1993.
    (iv) IMO Resolution A.700(17), ``Performance Standards for Narrow-
band Direct-printing Telegraph Equipment for the Reception of 
Navigational and Meteorological Warnings and Urgent Information to Ships 
(MSI) by HF,'' adopted 6 November 1991.
    (5) 406 MHz EPIRBs: (i) IMO Resolution A.611(15), ``Performance 
Standards for Float-free Satellite Emergency Position-indicating Radio 
Beacons Operating on 406 MHz,'' adopted 19 November 1987.
    (ii) IMO Resolution A.662(16), ``Performance Standards for Float-
free Release and Activation Arrangements for Emergency Radio 
Equipment,'' adopted 19 October 1989.
    (iii) OCIR Recommendation 633-1, ``Transmission Characteristics of a 
Satellite Emergency Position-indicating Radiobeacon (Satellite EPIRB) 
System Operating Through a Low Polar-orbiting Satellite System in the 
406 MHz Band,'' 1990.
    (iv) The 406 MHz EPIRBs must also comply with Sec. 80.1061.
    (6) 9 GHz radar transponders: (i) IMO Resolution A.604(15), 
``Performance Standards for Survival Craft Radar Transponders for Use in 
Search and Rescue Operations,'' adopted 19 November 1987.
    (ii) CCIR Recommendation 628-1, Technical Characteristics for Search 
and Rescue Radar Transponders,'' 1990.
    (7) Two-way VHF radiotelephone: IMO Resolution A.605(15), 
``Performance Standards for Survival Craft Two-way VHF Radiotelephone 
Apparatus,'' adopted 19 November 1987.
    (8) INMARSAT-A SES: IMO Resolution A.698(17), ``Performance 
Standards for Ship Earth Stations Capable of Two-way Communications,'' 
adopted 6 November 1991.
    (9) INMARSAT-C SES: IMO Resolution A.663(16), ``Performance 
Standards for INMARSAT Standard-C Ship Earth Stations Capable of 
Transmitting and Receiving Direct-printing Communications,'' adopted 19 
October 1989.
    (10) INMARSAT EGC: IMO Resolution A.664(16), ``Performance Standards 
for Enhanced Group Call Equipment,'' adopted 19 October 1989.
    (d) The above-referenced documents have been approved for 
incorporation by reference by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Identification data 
and place to purchase for each of the above-reference documents are 
listed as follows:
    (1) Copies of IMO Resolutions, the 1974 SOLAS Convention, and the 
1983 and 1988 amendments to the 1974 SOLAS Convention can be purchased 
from Publications, International Maritime Organization, 4 Albert 
Embankment, London SE1 7SR, United Kingdom.
    (i) IMO resolution A.525(13) is contained in the Resolutions and 
Other Decisions of the Assembly of the International Maritime 
Organization, 13th Session, 1983, (IMO, London, 1984), Sales Number 073 
84.07.E.
    (ii) IMO Resolutions A.604(15), A.605(15), A.610(15), A.611(15) and 
A.613(15) are contained in the Resolutions and Other Decisions of the 
Assembly of the International Maritime Organization, 15th Session, 1987, 
(IMO, London, 1988), Sales Number 130 88.03.E.
    (iii) IMO Resolutions A.662(16), A.663(16) and A.664(16) are 
contained in the Resolutions and Other Decisions of the Assembly of the 
International Maritime Organization, 16th Session, 1989, (IMO, London, 
1990), Sales Number 136 90.04.E
    (iv) IMO Resolutions A.694(17), A.698(17), and A.700(17) can be 
ordered from IMO by requesting ``A.694, A.698, or A.700(17) from the 
seventeenth session.'' IMO Resolutions A.694(17),

[[Page 182]]

A.698(17), and A.700(17) will be published in the Resolutions and Other 
Decisions of the Assembly of the International Maritime Organization, 
17th Session, 1991.
    (2) CCIR Recommendations, ITU Radio Regulations, and CCITT 
publications can be purchased from the International Telecommunications 
Union (ITU), Place des Nations, CH-1211 Geneva 20, Switzerland.
    (i) All CCIR Recommendations referenced in this section are 
contained in Recommendations of the CCIR, 1990, Volume VIII, (ITU, 
Geneva, 1990), 92-61-0424104.
    (ii) CCITT Recommendation E.161 is contained in CCITT Volume II--
Telephone and Network ISDN--Operation, Numbering, Routing and Mobile 
Service, (ITU, Geneva, 1989), ISBN 92-61-03261-3.
    (iii) CCITT Recommendation Q.11 is contained in CCITT Blue Book 
Volume VI, General Recommendation on Telephone Switching and Signalling, 
(ITU, Geneva, 1989), ISBN 92-61-03451-9.
    (3) IEC Publications can be purchased from the International 
Electrotechnical Commission, 3 Rue de Varembe, CH-1211 Geneva 20, 
Switzerland, or from the American National Standards Institute (ANSI), 
11 West 42nd Street, New York, NY 10036, telephone (212) 642-4900.
    (4) ISO Standards can be purchased from the International 
Organization for Standardization, 1 Rue de Varembe, CH-1211 Geneva 20, 
Switzerland, or from the American National Standards Institute (ANSI), 
11 West 42nd Street, New York, NY 10036, telephone (212) 642-4900.
    (5) Copies of the publications listed in this section that are 
incorporated by reference may be inspected at the Federal Communications 
Commission, 1919 M Street, NW., Dockets Branch (room 239), Washington, 
DC or at the Office of the Federal Register, 800 North Capital Street, 
NW., suite 700, Washington, DC.

[57 FR 44701, Sept. 29, 1992]



Sec. 80.1103  Equipment authorization.

    (a) All equipment specified Sec. 80.1101 must be certificated in 
accordance with 47 CFR part 2 specifically for GMDSS use, except for 
equipment used in the INMARSAT space segment which must be type-approved 
by INMARSAT and verified in accordance with 47 CFR part 2 specifically 
for GMDSS use. The technical parameters of the equipment must conform to 
the performance standards as specified in Sec. 80.1101. For emergency 
position-indicating radiobeacons operating on 406 MHz (406 MHz EPIRBs) 
that were authorized prior to April 15, 1992, and meet the requirements 
of Sec. 80.1101, the manufacturer may attest by letter that the 
equipment (indicate FCC ID) meets the requirements of Sec. 80.1101 and 
request that it be denoted as approved for GMDSS use.
    (b) Applicants for certification must submit with their applications 
measurement data sufficiently complete to ensure compliance with the 
technical parameters. The application must include the items listed in 
47 CFR 2.983. Additional measurement data or information may be 
requested depending upon the equipment. For items not listed in 
Sec. 2.983 of this chapter, the applicant must attest that the equipment 
complies with performance standards as specified in Sec. 80.1101 and, 
where applicable, that measurements have been made that demonstrate the 
necessary compliance. Submission of representative data demonstrating 
compliance is not required unless requested by the Commission.
    (c) Applicants for verification must attest that the equipment 
complies with performance standards as specified in Sec. 80.1101 and, 
where applicable, that measurements have been made that demonstrate the 
necessary compliance. Submission of representative data demonstrating 
compliance is not required unless requested by the Commission. An 
application must include the items listed in Sec. 2.975 of this chapter 
and a copy of the INMARSAT type approval certification indicating that 
equipment meets GMDSS standards and includes all peripheral equipment 
associated with the specific unit under review.
    (d) Submission of a sample unit is not required unless specifically 
requested by the Commission.
    (e) In addition to the requirements in part 2 of this chapter, 
equipment specified in Sec. 80.1101 shall be labelled as follows: ``This 
device complies with the

[[Page 183]]

GMDSS provisions of part 80 of the FCC Rules.'' Such a label is not 
required for emergency position-indicating radiobeacons operating on 406 
MHz (406 MHz EPIRBs) that were authorized prior to April 15, 1992.

[57 FR 9065, Mar. 16, 1992, as amended at 57 FR 44702, Sept. 29, 1992; 
63 FR 36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 80.1103, 
paragraph (a) was amended by removing the term ``type accepted'' and 
adding in its place ``certificated'' and by removing the term 
``notified'' and adding in its ``verified''; paragraph (b) was amended 
by removing the term ``type acceptance'' and adding in its place 
``certification'', and paragraph (c) was amended by removing the term 
``notification'' and adding in its place ``verification'' and by 
removing the term ``certificate'' and adding in its place 
``certification'', effective Oct. 5, 1998.



Sec. 80.1105  Maintenance requirements.

    (a) Equipment must be so designed that the main units can be 
replaced readily, without elaborate recalibration or readjustment. Where 
applicable, equipment must be constructed and installed so that it is 
readily accessible for inspection and on-board maintenance purposes. 
Adequate information must be provided to enable the equipment to be 
properly operated and maintained (see IMO Resolution A.569(14)).
    (b) Radio equipment required by this subpart must be maintained to 
provide the availability of the functional requirements specified in 
Sec. 80.1081 and to meet the performance standards specified in 
Sec. 80.1101.
    (c) On ships engaged on voyages in sea areas A1 and A2, the 
availability must be ensured by duplication of equipment, shore-based 
maintenance, or at-sea electronic maintenance capability, or a 
combination of these.
    (d) On ships engaged on voyages in sea areas A3 and A4, the 
availability must be ensured by using a combination of at least two of 
the following methods: duplication of equipment, shore-based 
maintenance, or at-sea electronic maintenance capability.
    (e) Irrespective of the maintenance methods used, a ship must not 
depart from any port unless and until the ship is capable of performing 
all distress and safety functions as specified in Sec. 80.1081.
    (f) Irrespective of the maintenance methods used, all manufacturers' 
instruction manuals and maintenance manuals for each piece of equipment 
required and installed must be available on-board ship. Adequate tools, 
spare parts, and test equipment appropriate to the methods used by the 
ship as recommended by the manufacturer should be provided. The manuals, 
tools, spare parts, and test equipment, as applicable, should be readily 
accessible.
    (g) If the duplication of equipment maintenance method is used, the 
following radio installations, in addition to other equipment 
requirements specified in this subpart, must be available on-board ships 
for their sea areas as applicable. Equipment carried in accordance with 
this paragraph must comply with Secs. 80.1101 and 80.1103. Additionally, 
each radio installation must be connected to a separate antenna and be 
installed and be ready for immediate operation.
    (1) Ships, equipped in accordance with Sec. 80.1087 for sea area A1, 
must carry a VHF radio installation complying with the requirements of 
Sec. 80.1085(a)(1).
    (2) Ships, equipped in accordance with Sec. 80.1089 for sea areas A1 
and A2, must carry a VHF radio installation complying with the 
requirements of Sec. 80.1085(a)(1) and an MF radio installation 
complying with the requirements of Sec. 80.1089(a)(1) and being able to 
fully comply with watch requirements as specified in Sec. 80.1123(a)(2). 
The MF radio installation installed for duplication must also comply 
with the requirements Sec. 80.1089(c).
    (3) Ships, equipped in accordance with Sec. 80.1091 for sea areas 
A1, A2, and A3, must carry a VHF radio installation complying with the 
requirements of Sec. 80.1085(a)(1) and either an MF/HF radio 
installation complying with the requirements of Sec. 80.1091(b)(1) and 
being able to fully comply with watch requirements as specified in 
Sec. 80.1123(a)(2) or an INMARSAT ship earth station complying with the 
requirements of Sec. 80.1091(a)(1). The MF/HF radio installation or the 
INMARSAT ship earth station installed for duplication must

[[Page 184]]

also comply with the requirements Sec. 80.1091(c).
    (4) Ships, equipped in accordance with Sec. 80.1093 for sea areas 
A1, A2, A3, and A4, must carry a VHF radio installation complying with 
the requirement of Sec. 80.1085(a)(1) and an MF/HF radio installation 
complying with the requirements of Sec. 80.1091(b)(1) and being able to 
fully comply with watch requirements as specified in Sec. 80.1123(a)(2). 
The MF/HF radio installation installed for duplication must also comply 
with the requirements Sec. 80.1091(c).
    (h) The radio installations specified in paragraph (g) of this 
section (referred as ``duplicated equipment''), in addition to the 
appropriate radio equipment specified in Sec. 80.1099 (referred as 
``basic equipment''), must be connected to the reserve sources of energy 
required by Sec. 80.1099. The capacity of the reserve sources of energy 
should be sufficient to operate the particular installation (i.e., the 
basic equipment or the duplicated equipment) with the highest power 
consumption, for the appropriate period specified in Sec. 80.1099. 
However, the arrangement for the reserve sources of energy must be such 
that a single fault in this arrangement cannot affect both the basic and 
the duplicated equipment.
    (i) If the shore-based maintenance method is used, the following 
requirements apply.
    (1) Maintenance services must be completed and performance verified 
and noted in the ship's record before departure from the first port of 
call entered after any failure occurs.
    (2) Each GMDSS equipment must be tested and performance verified and 
the results noted in the ship's record before departure from every port. 
To accomplish this, each ship shall carry a performance checkoff sheet 
listing each GMDSS equipment carried on a mandatory basis.
    (j) If the at-sea maintenance method is used, the following 
requirements apply.
    (1) Adequate additional technical documentation, tools, test 
equipment, and spare parts must be carried on-board ship to enable a 
qualified maintainer as specified in Sec. 80.1074 to perform tests and 
localize and repair faults in the radio equipment.
    (2) Only persons that comply with the requirements of Sec. 80.1074 
may perform at-sea maintenance on radio installations required by this 
subpart.

       Operating Procedures for Distress and Safety Communications



Sec. 80.1109  Distress, urgency, and safety communications.

    (a) Distress traffic consists of all messages relating to the 
immediate assistance required by the ship in distress, including search 
and rescue communications and on-scene communications. Distress traffic 
must as far as possible be on the frequencies contained in Sec. 80.1077.
    (b) Urgency and safety communications include: navigational and 
meteorological warnings and urgent information; ship-to-ship safety 
navigation communications; ship reporting communications; support 
communications for search and rescue operations; other urgency and 
safety messages and communications relating to the navigation, movements 
and needs of ships and weather observation messages destined for an 
official meteorological service.
    (c) Intership navigation safety communications are those VHF 
radiotelephone communications conducted between ships for the purpose of 
contributing to the safe movement of ships. The frequency 156.650 MHz is 
used for intership navigation safety communications (see Sec. 80.1077).



Sec. 80.1111  Distress alerting.

    (a) The transmission of a distress alert indicates that a mobile 
unit or person is in distress and requires immediate assistance. The 
distress alert is a digital selective call using a distress call format 
in bands used for terrestrial radiocommunication or a distress message 
format, which is relayed through space stations.
    (b) The distress alert must be sent through a satellite either with 
absolute priority in general communication channels or on exclusive 
distress and safety frequencies or, alternatively, on the distress and 
safety frequencies in the MF, HF, and VHF bands using digital selective 
calling.

[[Page 185]]

    (c) The distress alert must be sent only on the authority of the 
person responsible for the ship, aircraft or other vehicle carrying the 
mobile station or the mobile earth station.
    (d) All stations which receive a distress alert transmitted by 
digital selective calling must immediately cease any transmission 
capable of interfering with distress traffic and must continue watch 
until the call has been acknowledged.



Sec. 80.1113  Transmission of a distress alert.

    (a) The distress alert must identify the station in distress and its 
position. The distress alert may also contain information regarding the 
nature of the distress, the type of assistance required, the course and 
speed of the mobile unit, the time that this information was recorded 
and any other information which might facilitate rescue.
    (b) The format of distress calls and distress messages must be in 
accordance with CCIR Recommendation 493 as specified in Sec. 80.1101.
    (c) Ship-to-shore distress alerts are used to alert Rescue 
Coordination Centers via coast stations or coast earth stations that a 
ship is in distress. These alerts are based on the use of transmissions 
via satellites (from a ship earth station or a satellite EPIRB) and 
terrestrial services (from ship stations and EPIRBs).
    (d) Ship-to-ship distress alerts are used to alert other ships in 
the vicinity of the ship in distress and are based on the use of digital 
selective calling in the VHF, MF, and HF bands.
    (e) Shore-to-ship distress alert relays are used by a station or 
Rescue Coordination Center to relay information about a ship in distress 
to, as appropriate, all ships, a selected group of ships, or a specific 
ship by satellite and/or terrestrial means. The distress alert relay 
must contain the identification of the mobile unit in distress, its 
position and all other information which might facilitate rescue.



Sec. 80.1115  Transmission of a distress alert by a station not itself in distress.

    (a) A station in the mobile or mobile-satellite service which learns 
that a mobile unit is in distress must initiate and transmit a distress 
alert relay in any of the following cases:
    (1) When the mobile unit in distress is not itself in a position to 
transmit the distress alert; or
    (2) When the master or person responsible for the mobile unit not in 
distress or the person responsible for the land station determines that 
further help is necessary.
    (b) A station transmitting a distress alert relay in accordance with 
paragraph (a) of this section or Sec. 80.1121(c) must indicate that it 
is not itself in distress.



Sec. 80.1117  Procedure for receipt and acknowledgement of distress alerts.

    (a) Acknowledgement by digital selective calling of receipt of a 
distress alert in the terrestrial services must comply with CCIR 
Recommendation 541, which is incorporated by reference.
    (b) Acknowledgement through a satellite of receipt of a distress 
alert from a ship earth station must be sent immediately (see 
Sec. 80.1119).
    (c) Acknowledgement by radiotelephony of receipt of a distress alert 
from a ship station or a ship earth station must be given in the 
following form:
    (1) The distress signal MAYDAY;
    (2) The call sign or other identification of the station sending the 
distress message, spoken three times;
    (3) The words THIS IS (or DE spoken as DELTA ECHO in case of 
language difficulties);
    (4) The call sign or other identification of the station 
acknowledging receipt, spoken three times;
    (5) The word RECEIVED (or RRR spoken as ROMEO ROMEO ROMEO in case of 
language difficulties);
    (6) The distress signal MAYDAY.
    (d) The acknowledgement by direct-printing telegraphy of receipt of 
a distress alert from a ship station must be given in the following 
form:
    (1) The distress signal MAYDAY;
    (2) The call sign or other identification of the station sending the 
distress alert;
    (3) The word DE;
    (4) The call sign or other identification of the station 
acknowledging receipt of the distress alert;

[[Page 186]]

    (5) The signal RRR;
    (6) The distress signal MAYDAY.
    (e) The acknowledgement by direct-printing telegraphy of receipt of 
a distress alert from a ship earth station must be given by the coast 
earth station receiving the distress alert by retransmitting the ship 
station identity of the ship transmitting the distress alert.



Sec. 80.1119  Receipt and acknowledgement of distress alerts by coast stations and coast earth stations.

    (a) Coast stations that receive a distress alert should defer 
acknowledgement for a short interval so that receipt may be acknowledged 
by a Rescue Coordination Center. Where an acknowledgement is not 
forthcoming within 3 minutes, the coast station in receipt of distress 
alerts must ensure that they are routed to a Rescue Coordination Center 
as soon as possible. Coast stations must provide assistance for distress 
communications when requested to do so by the U.S. Coast Guard. (This 
subpart does not specify any radio watches for coast stations.)
    (b) Coast earth stations in receipt of distress alerts must ensure 
that they are routed as soon as possible to a Rescue Coordination 
Center. Coast earth stations must relay, as soon as possible, an 
acknowledgement of a distress alert from a Rescue Coordination Center.
    (c) Certain messages must be carried without charge, regardless of 
the means by which they are transmitted:
    (1) Distress alert messages;
    (2) Search and rescue coordination messages;
    (3) Medical assistance messages where an imminent danger to life is 
present, or
    (4) Urgent meteorological or navigational danger messages passed in 
the ship-to-shore direction.



Sec. 80.1121  Receipt and acknowledgement of distress alerts by ship stations and ship earth stations.

    (a) Ship or ship earth stations that receive a distress alert must, 
as soon as possible, inform the master or person responsible for the 
ship of the contents of the distress alert.
    (b) In areas where reliable communications with one or more coast 
stations are practicable, ship stations in receipt of a distress alert 
should defer acknowledgement for a short interval so that receipt may be 
acknowledged by a coast station.
    (c) Ship stations operating in areas where reliable communications 
with a coast station are not practicable that receive a distress alert 
from a ship station which is, beyond doubt, in their vicinity, must, as 
soon as possible and if appropriately equipped, acknowledge receipt and 
inform a Rescue Coordination Center through a coast station or coast 
earth station (see Sec. 80.1115(a)(2)). However, a ship station 
receiving an HF distress alert must not acknowledge it but must observe 
the requirements of Sec. 80.1123, and must, if the alert is not 
acknowledged by a coast station within 3 minutes, relay the distress 
alert.
    (d) A ship station acknowledging receipt of a distress alert in 
accordance with paragraphs (b) or (c) of this section should:
    (1) Acknowledge receipt of the alert by using radiotelephony on the 
distress and safety traffic frequency in the band used for the alert;
    (2) If acknowledgement by radiotelephony of the distress alert 
received on the MF or VHF distress alerting frequency is unsuccessful, 
acknowledge receipt of the distress alert by responding with a digital 
selective call on the appropriate frequency.
    (e) A ship station in receipt of a shore-to-ship distress alert 
relay (see Sec. 80.1113(e)) should establish communication as directed 
and render such assistance as required and appropriate.



Sec. 80.1123  Watch requirements for ship stations.

    (a) While at sea, all ships must maintain a continuous watch:
    (1) On VHF DSC channel 70, if the ship is fitted with a VHF radio 
installation in accordance with Sec. 80.1085(a)(2);
    (2) On the distress and safety DSC frequency 2187.5 kHz, if the ship 
is fitted with an MF radio installation in accordance with 
Secs. 80.1089(a)(2) or 80.1091(a)(3);
    (3) On the distress and safety DSC frequencies 2187.5 kHz and 8414.5 
kHz also on at least one of the distress and safety DSC frequencies 
4207.5 kHz, 6312

[[Page 187]]

kHz, 12577 kHz, or 16804.5 kHz appropriate to the time of day and the 
geographical position of the ship, if the ship is fitted with an MF/HF 
radio installation in accordance with Secs. 80.1091(a)(2)(ii) or 
80.1093(a) of this part (this watch may be kept by means of a scanning 
receiver limited to six distress and safety DSC frequencies); and
    (4) For satellite shore-to-ship distress alert, if the ship is 
fitted with an INMARSAT ship earth station in accordance with 
Sec. 80.1091(a)(1).
    (b) While at sea, all ships must maintain radio watches for 
broadcasts of maritime safety information on the appropriate frequency 
or frequencies on which such information is broadcast for the area in 
which the ship is navigating.
    (c) Until February 1, 1999, every ship while at sea must maintain, 
when practicable, a continuous listening watch on VHF Channel 16. This 
watch must be kept at the position from which the ship is normally 
navigated or at a position which is continuously manned.
    (d) Until February 1, 1999, every ship required to carry a 
radiotelephone watch receiver must maintain, while at sea, a continuous 
watch on the radiotelephone distress frequency 2182 kHz. This watch must 
be kept at the position from which the ship is normally navigated or at 
a position which is continuously manned.
    (e) On receipt of a distress alert transmitted by use of digital 
selective calling techniques, ship stations must set watch on the 
radiotelephone distress and safety traffic frequency associated with the 
distress and safety calling frequency on which the distress alert was 
received.
    (f) Ship stations with narrow-band direct printing equipment must 
set watch on the narrow-band direct-printing frequency associated with 
the distress alert signal if it indicates that narrow-band direct-
printing is to be used for subsequent distress communications. If 
practicable, they should additionally set watch on the radiotelephone 
frequency associated with the distress alert frequency.



Sec. 80.1125  Search and rescue coordinating communications.

    (a) The distress signal consists of the word MAYDAY, pronounced in 
radiotelephony as the French expression ``M'aider''. For distress 
traffic by radiotelephony, when establishing communications, calls must 
be prefixed by the distress signal MAYDAY.
    (b) Error correction techniques, in accordance with CCIR 
Recommendation 625 as specified in Sec. 80.1101, must be used for 
distress traffic by direct-printing telegraphy. All messages must be 
preceded by at least one carriage return, a line feed signal, a letter 
shift signal and the distress signal MAYDAY.
    (c) Distress communications by direct-printing telegraphy should be 
in the ARQ mode when ships are communicating directly to the Coast Guard 
or other coast stations on channels which they normally guard. Other 
distress communications, including those on simplex channels provided 
for that purpose, should be in the broadcast forward error correction 
mode. The ARQ mode may subsequently be used when it is advantageous to 
do so.
    (d) The Rescue Coordination Center responsible for controlling a 
search and rescue operation will also coordinate the distress traffic 
relating to the incident or may appoint another station to do so.
    (e) The Rescue Coordination Center coordinating distress traffic, 
the unit coordinating search and rescue operations, or the coast station 
involved may impose silence on stations which interfere with that 
traffic. This instruction may be addressed to all stations or to one 
station only, according to circumstances. In either case, the following 
will be used:
    (1) In radiotelephony, the signal SEELONCE MAYDAY, pronounced as the 
French expression ``silence, m'aider'';
    (2) In narrow-band direct-printing telegraphy normally using 
forward-error correcting mode, the signal SILENCE MAYDAY. However, the 
ARQ mode may be used when it is advantageous to do so.
    (f) Until they receive the message indicating that normal working 
may be

[[Page 188]]

resumed (see paragraph (h) of this section), all stations which are 
aware of the distress traffic, and which are not taking part in it, and 
which are not in distress, are forbidden to transmit on the frequencies 
in which the distress traffic is taking place.
    (g) Stations following distress traffic that are able to continue 
normal service may do so when the distress traffic is well established 
and on condition that it observes the provisions of paragraph (f) of 
this section and that it does not interfere with distress traffic.
    (h) When distress traffic has ceased on frequencies which have been 
used for distress traffic, the Rescue Coordination Center controlling a 
search and rescue operation must initiate a message for transmission on 
these frequencies indicating that distress traffic has finished.
    (i) In radiotelephony, the message referred to in paragraph (h) of 
this section consists of:
    (1) The distress signal MAYDAY;
    (2) The call ``Hello all stations'' or CQ (spoken as CHARLIE QUEBEC) 
spoken three times;
    (3) The words THIS IS (or DE spoken as DELTA ECHO in the case of 
language difficulties);
    (4) The call sign or other identification of the station sending the 
message;
    (5) The time when the distress situation has ceased;
    (6) The name and call sign of the mobile station which was in 
distress;
    (7) The words SEELONCE FEENEE pronounced as the French words 
``silence fini''
    (j) In direct-printing telegraphy, the message referred to in 
paragraph (h) of this section consists of:
    (1) The distress signal MAYDAY;
    (2) The call CQ;
    (3) The word DE;
    (4) The call sign or other identification of the station sending the 
message;
    (5) The time when distress situation has ceased;
    (6) The name and call sign of the mobil station which was in 
distress; and
    (7) The words SILENCE FINI.



Sec. 80.1127  On-scene communications.

    (a) On-scene communications are those between mobile unit in 
distress and assisting mobile units, and between the mobile units and 
unit coordinating search and rescue operations.
    (b) Control of on-scene communications is the responsibility of the 
unit coordinating search and rescue operations. Simplex communications 
must be used so that all on-scene mobile stations may share relevant 
information concerning the distress incident. If direct-printing 
telegraphy is used, it must be in the forward error-correcting mode in 
accordance with CCIR Recommendation 625 as specified in Sec. 80.1101.
    (c) The preferred frequencies in radiotelephony for on-scene 
communications are 156.8 MHz and 2182 kHz. The frequency 2174.5 kHz may 
also be used for ship-to-ship on-scene communications using narrow-band 
direct-printing telegraphy in the forward error correcting mode in 
accordance with CCIR Recommendation 625 as specified in Sec. 80.1101.
    (d) In addition to 156.8 MHz and 2182 kHz, the frequencies 3023 kHz, 
4125 kHz, 5680 kHz, 123.1 MHz and 156.3 MHz may be used for ship-to-
aircraft on-scene communications.
    (e) The selection or designation of on-scene frequencies is the 
responsibility of the unit coordinating search and rescue operations. 
Normally, once an on-scene frequency is established, a continuous aural 
or teleprinter watch is maintained by all participating on-scene mobile 
units on the selected frequency.



Sec. 80.1129  Locating and homing signals.

    (a) Locating signals are radio transmissions intended to facilitate 
the finding of a mobile unit in distress or the location of survivors. 
These signals include those transmitted by searching units and those 
transmitted by the mobile unit in distress, by survival craft, by float-
free EPIRBS, by satellite EPRIBs, and by search and rescue radar 
transponders to assist the searching units.
    (b) Homing singnals are those locating signals which are transmitted 
by mobile units in distress, or by survival craft, for the purpose of 
providing

[[Page 189]]

searching units with a signal that can be used to determine the bearing 
to the transmitting stations.
    (c) Locating signals may be transmitted in the following frequency 
bands: 117.975-136 MHz, 121.5 MHz, 156-174 MHz, 406-406.1 MHz, and 9200-
9500 MHz.
    (d) The 9 GHz locating signals must be in accordance with CCIR 
Recommendation 628 as specified in Sec. 80.1101.



Sec. 80.1131  Transmissions of urgency communications.

    (a) In a terrestrial system the announcement of the urgency message 
must be made on one or more of the distress and safety calling 
frequencies specified in Sec. 80.1077 using digital selective calling 
and the urgency call format. A separate announcement need not be made if 
the urgency message is to be transmitted through the maritime mobile-
satellite service.
    (b) The urgency signal and message must be transmitted on one or 
more of the distress and safety traffic frequencies specified in 
Sec. 80.1077, or via the maritime mobile-satellite service or on other 
frequencies used for this purpose.
    (c) The urgency signal consists of the words PAN PAN. In 
radiotelephony each word of the group must be pronounced as the French 
word ``panne''.
    (d) The urgency call format and the urgency signal indicate that the 
calling station has a very urgent message to transmit concerning the 
safety of a mobile unit or a person.
    (e) In radiotelephony, the urgency message must be preceded by the 
urgency signal, repeated three times, and the identification of the 
transmitting station.
    (f) In narrow-band direct-printing, the urgency message must be 
preceded by the urgency signal and the identification of the 
transmitting station.
    (g) The urgency call format or urgency signal must be sent only on 
the authority of the master or the person responsible for the mobile 
unit carrying the mobile station or mobile earth station.
    (h) The urgency call format or the urgency signal may be transmitted 
by a land station or a coast earth station with the approval of the 
responsible authority.
    (i) When an urgency message which calls for action by the stations 
receiving the message has been transmitted, the station responsible for 
its transmission must cancel it as soon as it knows that action is no 
longer necessary.
    (j) Error correction techniques, in accordance with CCIR 
Recommendation 625 as specified in Sec. 80.1101, must be used for 
urgency messages by direct-printing telegraphy. All messages must be 
preceded by at least one carriage return, a line feed signal, a letter 
shift signal and the urgency signal PAN PAN.
    (k) Urgency communications by direct-printing telegraphy should be 
in the ARQ mode when communicating directly to the Coast Guard or other 
coast stations on channels which they normally guard. Other distress 
communications, including those on simplex channels provided for that 
purpose, should be in the broadcast forward error correction mode. The 
ARQ mode may subsequently be used when it is advantageous to do so.



Sec. 80.1133  Transmission of safety communications.

    (a) In a terrestrial system the announcement of the safety message 
must be made on one or more of the distress and safety calling 
frequencies specified in Sec. 80.1077 using digital selective calling 
techniques. A separate announcement need not be made if the message is 
to be transmitted through the maritime mobile-satellite service.
    (b) The safety signal and message must normally be transmitted on 
one or more of the distress and safety traffic frequencies specified in 
Sec. 80.1077, or via the maritime mobile satellite service or on other 
frequencies used for this purpose.
    (c) The safety signal consists of the word SECURITE. In 
radiotelephony, it is pronounced as in French.
    (d) The safety call format or the safety signal indicates that the 
calling station has an important navigational or meteorological warning 
to transmit.
    (e) In radiotelephony, the safety message must be preceded by the 
safety signal, repeated three times, and the identification of the 
transmitting station.

[[Page 190]]

    (f) In narrow-band direct-printing, the safety message must be 
preceded by the safety signal and the identification of the transmitting 
station.
    (g) Error correction techniques, in accordance with CCIR 
Recommendation 625 as specified in Sec. 80.1101, must be used for safety 
messages by direct-printing telegraphy. All messages must be preceded by 
at least one carriage return, a line feed signal, a letter shift signal 
and the safetysignal SECURITE.
    (h) Safety communications by direct-printing telegraphy should be in 
the ARQ mode when communicating directly to the Coast Guard or other 
coast stations on channels which they normally guard. Other distress 
communications, including those on simplex channels provided for that 
purpose, should be in the broadcast forward error correction mode. The 
ARQ mode may subsequently be used when it is advantageous to do so.



Sec. 80.1135  Transmission of maritime safety information.

    (a) The operational details of the stations transmitting maritime 
safety information in accordance with this section are indicated in the 
ITU List of Radiodetermination and Special Service Stations and the IMO 
Master Plan of Shore-Based Facilities.
    (b) The mode and format of the transmissions mentioned in this 
section is in accordance with the CCIR Recommendation 540 as specified 
in Sec. 80.1101.
    (c) Maritime safety information is transmitted by means of narrow-
band direct-printing telegraphy with forward error correction using the 
frequency 518 kHz in accordance with the international NAVTEX system 
(see Sec. 80.1077).
    (d) The frequency 490 kHz may be used, after full implementation of 
the GMDSS, for the transmission of maritime safety information by means 
of narrow-band direct-printing telegraphy with forward error correction 
(see Sec. 80.1077).
    (e) Internationally, the frequency 4209.5 kHz is used for NAVTEX-
type transmissions by means of narrow-band direct-printing telegraphy 
with forward error correction (see Sec. 80.1077).
    (f) Maritime safety information is transmitted by means of narrow-
band direct-printing telegraphy with forward error correction using the 
frequencies 4210 kHz, 6314 kHz, 8416.5 kHz, 12579 kHz, 16806.5 kHz, 
19680.5, 22376 kHz, and 26100.5 kHz (see Sec. 80.1077).
    (g) Maritime safety information is transmitted via satellite in the 
maritime mobile-satellite service using the band 1530-1545 MHz (see 
Sec. 80.1077).



                Subpart X--Voluntary Radio Installations

                                 General



Sec. 80.1151  Voluntary radio operations.

    Voluntary ships must meet the rules applicable to the particular 
mode of operation as contained in the following subparts of this part 
and as modified by Sec. 80.1153:

Operating Requirements and Procedures--Subpart C
Equipment Technical Requirements--Subpart E
Frequencies--Subpart H



Sec. 80.1153  Station log and radio watches.

    (a) Licensees of voluntary ships are not required to operate the 
ship radio station or to maintain radio station logs.
    (b) When a ship radio station of a voluntary ship is being operated, 
appropriate general purpose watches must be maintained in accordance 
with Secs. 80.146, 80.147 and 80.148.

                          Voluntary Telegraphy



Sec. 80.1155  Radioprinter.

    Radioprinter operations provide record communications between 
authorized maritime mobile stations.
    (a) Supplementary eligibility requirements. Ships must be less than 
1600 gross tons.
    (b) Scope of communication. (1) Ship radioprinter communications may 
be conducted with an associated private coast station.
    (2) Ships authorized to communicate by radioprinter with a common 
private coast station may also conduct intership radioprinter 
operations.

[[Page 191]]

    (3) Only those communications which are associated with the business 
and operational needs of the ship are authorized.
    (c) Assignment and use of frequencies. (1) Frequencies for 
radioprinter operations are shared by several radio services including 
the maritime mobile service.
    (2) Ship stations must conduct radioprinter operations only on 
frequencies assigned to their associated private coast station for that 
purpose.
    (d) Authorization procedure. The authorization procedure for ship 
station radioprinter operations is as follows:
    (1) The associated private coast station must submit an application 
for specific radioprinter frequencies and provide the names of ships to 
be served.
    (2) When the private coast station receives a radioprinter license, 
it must provide copies of their license to all ships with which they are 
authorized to conduct radioprinter operations. The private coast station 
license copy must be kept as part of the ship station license.
    (3) Any addition or deletion of ships must be notified to the 
Commission by letter.



Sec. 80.1157  Facsimile.

    Facsimile is a form of telegraphy for the transmission and receipt 
of fixed images. Ships must use facsimile techniques only with 
authorized public coast stations.



Sec. 80.1159  Narrow-band direct-printing (NB-DP).

    NB-DP is a form of telegraphy for the transmission and receipt of 
direct printing public correspondence. Ships must use NB-DP techniques 
only with authorized public coast stations.



Sec. 80.1161  Emergency position indicating radiobeacon (EPIRB).

    EPIRB transmissions must be used only under emergency conditions. 
The various classes of EPIRB's are described in subpart V of this part.

                           Voluntary Telephony



Sec. 80.1165  Assignment and use of frequencies.

    Frequencies for general radiotelephone purposes are available to 
ships in three radio frequency bands. Use of specific frequencies must 
meet the Commission's rules concerning the scope of service and the 
class of station with which communications are intended. The three 
frequency bands are:
    (a) 156-158 MHz (VHF/FM Radiotelephone). Certain frequencies within 
this band are public correspondence frequencies and they must be used as 
working channels when communicating with public coast stations. Other 
working frequencies within the band are categorized by type of 
communications for which use is authorized when communicating with a 
private coast station or between ships. Subpart H of this part lists the 
frequencies and types of communications for which they are available.
    (b) 1600-4000 kHz (SSB Radiotelephone). Specific frequencies within 
this band are authorized for single sideband (SSB) communications with 
public and private coast stations or between ships. The specific 
frequencies are listed in subpart H of this part.
    (c) 4000-23000 kHz (SSB Radiotelephone). Specific frequencies within 
this band are authorized for SSB communications with public and private 
coast stations. The specific frequencies are listed in subpart H of this 
part.



Sec. 80.1169  [Reserved]



Sec. 80.1171  Assignment and use of frequencies.

    (a) The frequencies assignable to AMTS stations are listed in 
Sec. 80.385(a). These frequencies are assignable to ship and coast 
stations for voice, facsimile and radioteletypewriter communications.
    (b) [Reserved]

                         On-Board Communications



Sec. 80.1175  Scope of communications of on-board stations.

    (a) On-board stations communicate:

[[Page 192]]

    (1) With other units of the same station for operational 
communications on the ship.
    (2) With on-board stations of another ship or shore facility to aid 
in oil pollution prevention during the transfer of 250 or more barrels 
of oil.
    (3) With other units of the same station in the immediate vicinity 
of the ship for operational communications related to docking, life boat 
and emergency drills or in the maneuvering of cargo barges and lighters.
    (b) An on-board station may communicate with a station in the 
Business Radio Service operating on the same frequency when the vessel 
on which the on-board station is installed is alongside the dock or 
cargo handling facility.



Sec. 80.1177  Assignment and use of frequencies.

    On-board frequencies are assignable only to ship stations. When an 
on-board repeater is used, paired frequencies must be used. On-board 
repeater frequencies must be used for single frequency simplex 
operations. On-board frequencies are listed in subpart H.



Sec. 80.1179  On-board repeater limitations.

    When an on-board repeater is used, the following limitations must be 
met:
    (a) The on-board repeater antenna must be located no higher than 3 
meters (10 feet) above the vessel's highest working deck.
    (b) Each on-board repeater must have a timer that deactivates the 
transmitter if the carrier remains on for more than 3 minutes.

[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 44954, Aug. 25, 1993]



Sec. 80.1181  Station identification.

    (a) On-board stations must identify when:
    (1) The vessel is within 32 km (20 miles) of any coastline; or
    (2) The communications are likely to be received aboard another 
vessel.
    (b) Identification, when required, must be:
    (1) Transmitted at the beginning and the end of a series of 
communications. Whenever communications are sustained for a period 
exceeding 15 minutes, station identification must be transmitted at 
intervals not exceeding 15 minutes.
    (2) In English and must include the name of the vessel, followed by 
a number or name designating the respective mobile unit, for example: 
``S.S. United States Mobile One, this is Mobile Two.''

[51 FR 31213, Sept. 2, 1986, as amended at 58 FR 44954, Aug. 25, 1993]



Sec. 80.1183  Remote control for maneuvering or navigation.

    (a) An on-board station may be used for remote control of 
maneuvering or navigation control systems aboard the same ship or, where 
that ship is towing a second ship, aboard the towed ship.
    (b) The remote control system transmissions must contain a 
synchronization signal and a message signal composed of a documentation 
number group, a company control group, an actuation instruction group, 
and a termination of transmission group.
    (1) The synchronization signal must be the control character 
``SYN'', transmitted twice.
    (2) The message signal is composed of the following groups:
    (i) The documentation number group must be transmitted once and be 
the ship's U.S. Coast Guard documentation number or, if the ship is not 
documented, the call sign of the on-board station.
    (ii) The company control group, composed of three letters taken from 
AAA through ZZZ, which must be transmitted one time.
    (iiii) The actuation instruction group, composed of two letters 
taken from AA through ZZ, which must be transmitted one time.
    (iv) The termination of transmission group, composed of the control 
character ``EM'', which must be transmitted twice.
    (c) The receiving system must:
    (1) Reject any actuation instruction until it recognizes and accepts 
the company control group.
    (2) Reject any company control group until it recognizes and accepts 
the documentation number group.
    (d) The emission employed must be G2D. The provisions applicable to 
G3E

[[Page 193]]

emission are also applicable to G2D emission.
    (e) The binary information must be applied to the carrier as 
frequency-shift keying (FSK) of the standard tones 1070 and 1270 Hz. 
``0'' (low) must correspond to 1070 Hz and ``1'' (high) must correspond 
to 1270 Hz. The signalling rate must be 300 bits per second.
    (f) The alphabet employed must be the United States of America 
Standard Code for Information Interchange (USASCII), contained in the 
United States of America Standards Institute publication USAS X3.4-1968.
    (1) The bit sequence must be least significant bit first to most 
significant bit (bit 1 through 7), consecutively.
    (2) The character structure must consist of 8 bits (seven bits plus 
one character parity bit) having equal time intervals.
    (3) ``Odd'' parity is required.

                        Mobile-Satellite Stations



Sec. 80.1185  Supplemental eligibility for mobile-satellite stations.

    Stations in the maritime mobile-satellite service must meet the 
eligibility requirements contained in this section.
    (a) A station license for a ship earth station may be issued to:
    (1) The owner or operator of a ship.
    (2) A corporation proposing to furnish a nonprofit radio 
communication service to its parent corporation, to another subsidiary 
of the same parent, or to its own subsidiary, where the party to be 
served is the owner or operator of the ship aboard which the ship earth 
station is to be installed and operated.
    (b) A station license for a portable ship earth station may be 
issued to the owner or operator of portable earth station equipment 
proposing to furnish satellite communication services on board more than 
one ship or fixed offshore platform located in the marine environment.

[52 FR 27003, July 17, 1987, as amended at 54 FR 49995, Dec. 4, 1989]



Sec. 80.1187  Scope of communication.

    Ship earth stations must be used for telecommunications related to 
the business or operation of ships and for public correspondence of 
persons on board. Portable ship earth stations are authorized to meet 
the business, operational and public correspondence telecommunication 
needs of fixed offshore platforms located in the marine environment as 
well as ships. The types of emission are determined by the INMARSAT 
organization.

[52 FR 27003, July 17, 1987]



Sec. 80.1189  Portable ship earth stations.

    (a) Portable ship earth stations are authorized to operate on board 
more than one ship. Portable ship earth stations are also authorized to 
be operated on board fixed offshore platforms located in international 
or United States domestic waters.
    (b) Portable ship earth stations must meet the rule requirements of 
ship earth stations with the exeception of eligibility.
    (c) Where the license of the portable ship earth station is not the 
owner of the ship or fixed platform on which the station is located, the 
station must be operated with the permission of the owner or operator of 
the ship or fixed platform.

[52 FR 27003, July 17, 1987]

                           Radiodetermination



Sec. 80.1201  Special provisions for cable-repair ship stations.

    (a) A ship station may be authorized to use radio channels in the 
285-315 kHz band in Region 1 and 285-325 kHz in any other region for 
cable repair radiodetermination purposes under the following conditions:
    (1) The radio transmitting equipment attached to the cable-marker 
buoy associated with the ship station must be described in the station 
application;
    (2) The call sign used for the transmitter operating under the 
provisions of this section is the call sign of the ship station followed 
by the letters ``BT'' and the identifying number of the buoy.
    (3) The buoy transmitter must be continuously monitored by a 
licensed radiotelegraph operator on board the cable repair ship station; 
and
    (4) The transmitter must operate under the provisions in 
Sec. 80.375(b).

[[Page 194]]



                Subpart Y--Competitive Bidding Procedures

    Source:  63 FR 40065, July 27, 1998, unless otherwise noted.



Sec. 80.1251  Maritime communications services subject to competitive bidding.

    Mutually exclusive initial applications for VPCSA licenses, high 
seas public coast station licenses, and AMTS coast station licenses are 
subject to competitive bidding procedures. The procedures set forth in 
part 1, subpart Q of this chapter will apply unless otherwise provided 
in this part.



Sec. 80.1252  Designated entities.

    (a) This section addresses certain issues concerning designated 
entities in maritime communications services subject to competitive 
bidding. Issues that are not addressed in this section are governed by 
the designated entity provisions in part 1, subpart Q of this chapter.
    (b) Eligibility for small business provisions. (1) A small business 
is an entity that, together with its affiliates and controlling 
interests, has average gross revenues not to exceed $15 million for the 
preceding three years.
    (2) A very small business is an entity that, together with its 
affiliates and controlling interests, has average gross revenues not to 
exceed $3 million for the preceding three years.
    (3) For purposes of determining whether an entity meets either of 
the definitions set forth in paragraph (b)(1) or (b)(2) of this section, 
the gross revenues of the entity, its affiliates, and controlling 
interests shall be considered on a cumulative basis and aggregated.
    (4) Where an applicant or licensee cannot identify controlling 
interests under the standards set forth in this section, the gross 
revenues of all interest holders in the applicant, and their affiliates, 
will be attributable.
    (5) 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 individually satisfies the definition in 
paragraph (b)(2) of this section). Where an applicant or licensee is a 
consortium of small businesses (or very small businesses), the gross 
revenues of each small business (or very small business) shall not be 
aggregated.
    (c) Controlling interest. (1) For purposes of this section, 
controlling interest includes individuals or entities with de jure and 
de facto control of the applicant. De jure control is greater than 50 
percent of the voting stock of a corporation, or in the case of a 
partnership, the general partner. De facto control is determined on a 
case-by-case basis. An entity must disclose its equity interest and 
demonstrate at least the following indicia of control to establish that 
it retains de facto control of the applicant:
    (i) The entity constitutes or appoints more than 50 percent of the 
board of directors or management committee;
    (ii) The entity has authority to appoint, promote, demote, and fire 
senior executives that control the day-to-day activities of the 
licensee; and
    (iii) The entity plays an integral role in management decisions.
    (2) Calculation of certain interests. (i) 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.
    (ii) Partnership and other ownership interests and any stock 
interest equity, or outstanding stock, or outstanding voting stock shall 
be attributed as specified in paragraphs (c)(2)(iii) through (c)(2)(ix) 
of this section.
    (iii) 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, 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.

[[Page 195]]

    (iv) Non-voting stock shall be attributed as an interest in the 
issuing entity.
    (v) 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.
    (vi) Officers and directors of an entity shall be considered to have 
an attributable interest in the entity. The officers and directors of an 
entity that controls a licensee or applicant shall be considered to have 
an attributable interest in the licensee or applicant.
    (vii) 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.
    (viii) Any person who manages the operations of an applicant or 
licensee pursuant to a management agreement shall be considered to have 
an attributable interest in such applicant or licensee if such person, 
or its affiliate pursuant to Sec. 1.2110(b)(4) of this chapter, has 
authority to make decisions or otherwise engage in practices or 
activities that determine, or significantly influence:
    (A) The nature or types of services offered by such an applicant or 
licensee;
    (B) The terms upon which such services are offered; or
    (C) The prices charged for such services.
    (ix) Any licensee or its affiliate who enters into a joint marketing 
arrangement with an applicant or licensee, or its affiliate, shall be 
considered to have an attributable interest, if such applicant or 
licensee, or its affiliate, has authority to make decisions or otherwise 
engage in practices or activities that determine, or significantly 
influence,
    (A) The nature or types of services offered by such an applicant or 
licensee;
    (B) The terms upon which such services are offered; or
    (C) The prices charged for such services.
    (d) A winning bidder that qualifies as a small business or a 
consortium of small businesses as defined in Sec. 80.1252(b)(1) or 
Sec. 80.1252(b)(5) of this subpart may use the bidding credit specified 
in Sec. 1.2110(e)(2)(ii) of this chapter. A winning bidder that 
qualifies as a very small business or a consortium of very small 
businesses as defined in Sec. 80.1252(b)(2) or Sec. 80.1252(b)(5) of 
this subpart may use the bidding credit specified in 
Sec. 1.2110(e)(2)(i) of this chapter.



PART 87--AVIATION SERVICES--Table of Contents




                     Subpart A--General Information

Sec.
87.1  Basis and purpose.
87.3  Other applicable rule parts.
87.5  Definitions.

                  Subpart B--Applications and Licenses

87.17  Scope.
87.18  Station license required.
87.19  Basic eligibility.
87.21  Standard forms to be used.
87.23  Supplemental information required.
87.25  Filing of applications.
87.27  License term.
87.29  Partial grant of application.
87.31  Changes during license term.
87.33  Transfer of aircraft station license prohibited.
87.35  Cancellation of license.
87.37  Developmental license.
87.39  Equipment acceptable for licensing.
87.41  Frequencies.
87.43  Operation during emergency.
87.45  Time in which station is placed in operation.
87.47  Application for a portable aircraft station license.
87.51  Aircraft earth station commissioning.

            Subpart C--Operating Requirements and Procedures

                         Operating Requirements

87.69  Maintenance tests.
87.71  Frequency measurements.
87.73  Transmitter adjustments and tests.
87.75  Maintenance of antenna structure marking and control equipment.
87.77  Availability for inspections.

[[Page 196]]

87.79  Answer to notice of violation.

                       Radio Operator Requirements

87.87  Classification of operator licenses and endorsements.
87.89  Minimum operator requirements.
87.91  Operation of transmitter controls.

                          Operating Procedures

87.103  Posting station license.
87.105  Availability of operator permit or license.
87.107  Station identification.
87.109  Station logs.
87.111  Suspension or discontinuance of operation.

                    Subpart D--Technical Requirements

87.131  Power and emissions.
87.133  Frequency stability.
87.135  Bandwidth of emission.
87.137  Types of emission.
87.139  Emission limitations.
87.141  Modulation requirements.
87.143  Transmitter control requirements.
87.145  Acceptability of transmitters for licensing.
87.147  Authorization of equipment.
87.149  Special requirements for automatic link establishment (ALE).

                         Subpart E--Frequencies

87.169  Scope.
87.171  Class of station symbols.
87.173  Frequencies.

                      Subpart F--Aircraft Stations

87.185  Scope of service.
87.187  Frequencies.
87.189  Requirements for public correspondence equipment and operations.
87.191  Foreign aircraft stations.

                     Emergency Locator Transmitters

87.193  Scope of service.
87.195  Frequencies.
87.197  ELT test procedures.
87.199  Special requirements for 406.025 MHz ELTs.

           Subpart G--Aeronautical Advisory Stations (Unicoms)

87.213  Scope of service.
87.215  Supplemental eligibility.
87.217  Frequencies.

                Subpart H--Aeronautical Multicom Stations

87.237  Scope of service.
87.239  Supplemental eligibility.
87.241  Frequencies.

     Subpart I--Aeronautical Enroute and Aeronautical Fixed Stations

                      Aeronautical Enroute Stations

87.261  Scope of service.
87.263  Frequencies.
87.265  Administrative communications.

                       Aeronautical Fixed Stations

87.275  Scope of service.
87.277  Supplemental eligibility.
87.279  Frequencies.

                     Subpart J--Flight Test Stations

87.299  Scope of service.
87.301  Supplemental eligibility.
87.303  Frequencies.
87.305  Frequency coordination.
87.307  Cooperative use of facilities.

                  Subpart K--Aviation Support Stations

87.319  Scope of service.
87.321  Supplemental eligibility.
87.323  Frequencies.

             Subpart L--Aeronautical Utility Mobile Stations

87.345  Scope of service.
87.347  Supplemental eligibility.
87.349  Frequencies.
87.351  Frequency changes.

           Subpart M--Aeronautical Search and Rescue Stations

87.371  Scope of service.
87.373  Supplemental eligibility.
87.375  Frequencies.

                   Subpart N--Emergency Communications

87.393  Scope of service.
87.395  Plan for the Security Control of Air Traffic and Air Navigation 
          Aids (Short Title: SCATANA).
87.397  Emergency operations.

                Subpart O--Airport Control Tower Stations

87.417  Scope of service.
87.419  Supplemental eligibility.
87.421  Frequencies.
87.423  Hours of operation.
87.425  Interference.

                  Subpart P--Operational Fixed Stations

87.445  Scope of service.
87.447  Supplemental eligibility.
87.449  Frequencies.
87.451  Licensing limitations.

[[Page 197]]

          Subpart Q--Stations in the Radiodetermination Service

87.471  Scope of service.
87.473  Supplemental eligibility.
87.475  Frequencies.
87.477  Condition of grant for radionavigation land stations.
87.479  Harmful interference to radionavigation land stations.
87.481  Unattended operation of domestic radiobeacon stations.

                  Subpart R--Civil Air Patrol Stations

87.501  Scope of service.
87.503  Supplemental eligibility.
87.505  Frequencies.

            Subpart S--Automatic Weather Observation Stations

87.525  Scope of service.
87.527  Supplemental eligibility.
87.529  Frequencies.

    Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, 
307(e) unless otherwise noted. Interpret or apply 48 Stat. 1064-1068, 
1081-1105, as amended; 47 U.S.C. 151-156, 301-609.

    Source: 53 FR 28940, Aug. 1, 1988, unless otherwise noted.



                     Subpart A--General Information



Sec. 87.1  Basis and purpose.

    This section contains the statutory basis and provides the purpose 
for which this part is issued.
    (a) Basis. The rules for the aviation services in this part are 
promulgated under the provisions of the Communications Act of 1934, as 
amended, which vests authority in the Federal Communications Commission 
(Commission) to regulate radio transmission and to issue licenses for 
radio stations. These rules conform with applicable statutes and 
international treaties, agreements and recommendations to which the 
United States is a party. The most significant of these documents are 
listed with the short title appearing in parentheses:
    (1) Communications Act of 1934, as amended--(Communications Act).
    (2) International Telecommunication Union Radio Regulations, in 
force for the United States--(Radio Regulations).
    (3) The Convention on International Civil Aviation--(ICAO 
Convention).
    (b) Purpose. This part states the conditions under which radio 
stations may be licensed and used in the aviation services. These rules 
do not govern U.S. Government radio stations.



Sec. 87.3  Other applicable rule parts.

    Other applicable CFR title 47 parts include:
    (a) Part 0 contains the Commission's organizations and delegations 
of authority. Part 0 also lists Commission publications, standards and 
procedures for access to Commission records and location of Commission 
monitoring stations.
    (b) Part 1 contains rules of practice and procedure for license 
applications, adjudicatory proceedings, rule making proceedings, 
procedures for reconsideration and review of the Commission's actions, 
provisions concerning violation notices and forfeiture proceedings, and 
the requirements for environmetal impact statements.
    (c) Part 2 contains the Table of Frequency Allocations and special 
requirements in international regulations, recommendations, agreements, 
and treaties. This part also contains standards and procedures 
concerning marketing of radio frequency devices, and for obtaining 
equipment authorization.
    (d) Part 13 contains information and rules for the licensing of 
commercial radio operators.
    (e) Part 17 contains requirements for construction, marking and 
lighting of antenna towers.
    (f) Part 80 contains rules for the maritime services. Certain 
maritime frequencies are available for use by aircraft stations for 
distress and safety, public correspondence and operational 
communications.



Sec. 87.5  Definitions.

    Aeronautical advisory station (unicom). An aeronautical station used 
for advisory and civil defense communications primarily with private 
aircraft stations.
    Aeronautical enroute station. An aeronautical station which 
communicates with aircraft stations in flight status or with other 
aeronautical enroute stations.
    Aeronautical fixed service. A radiocommunication service between

[[Page 198]]

specified fixed points provided primarily for the safety of air 
navigation and for the regular, efficient and economical operation of 
air transport. A station in this service is an aeronautical fixed 
station.
    Aeronautical Mobile Off-Route (OR) Service. An aeronautical mobile 
service intended for communications, including those relating to flight 
coordination, primarily outside national or international civil air 
routes.(RR)
    Aeronautical Mobile Route (R) Service. An aeronautical mobile 
service reserved for communications relating to safety and regularity of 
flight, primarily along national or international civil air routes.(RR)
    Aeronautical Mobile-Satellite Off-Route (OR) Service. An 
aeronautical mobile-satellite service intended for communications, 
including those relating to flight coordination, primarily outside 
national and international civil air routes.(RR)
    Aeronautical Mobile-Satellite Route (R) Service. An aeronautical 
mobile-satellite service reserved for communications relating to safety 
and regularity of flights, primarily along national or international 
civil air routes.(RR)
    Aeronautical Mobile-Satellite Service. A mobile-satellite service in 
which mobile earth stations are located on board aircraft.
    Aeronautical mobile service. A mobile service between aeronautical 
stations and aircraft stations, or between aircraft stations, in which 
survival craft stations may also participate; emergency position-
indicating radiobeacon stations may also participate in this service on 
designated distress and emergency frequencies.
    Aeronautical multicom station. An aeronautical station used to 
provide communications to conduct the activities being performed by, or 
directed from, private aircraft.
    Aeronautical radionavigation service. A radionavigation service 
intended for the benefit and for the safe operation of aircraft.
    Aeronautical search and rescue station. An aeronautical station for 
communication with aircraft and other aeronautical search and rescue 
stations pertaining to search and rescue activities with aircraft.
    Aeronautical station. A land station in the aeronautical mobile 
service. In certain instances an aeronautical station may be located, 
for example, on board ship or on a platform at sea.
    Aeronautical utility mobile station. A mobile station used on 
airports for communications relating to vehicular ground traffic.
    Air carrier aircraft station. A mobile station on board an aircraft 
which is engaged in, or essential to, the transportation of passengers 
or cargo for hire.
    Aircraft earth station (AES). A mobile earth station in the 
aeronautical mobile-satellite service located on board an aircraft.
    Aircraft station. A mobile station in the aeronautical mobile 
service other than a survival craft station, located on board an 
aircraft.
    Airport. An area of land or water that is used or intended to be 
used for the landing and takeoff of aircraft, and includes its buildings 
and facilities, if any.
    Airport control tower (control tower) station. An aeronautical 
station providing communication between a control tower and aircraft.
    Automatic weather observation station. A land station located at an 
airport and used to automatically transmit weather information to 
aircraft.
    Aviation service organization. Any business firm which maintains 
facilities at an airport for the purposes of one or more of the 
following general aviation activities: (a) Aircraft fueling; (b) 
aircraft services (e.g. parking, storage, tie-downs); (c) aircraft 
maintenance or sales; (d) electronics equipment maintenance or sales; 
(e) aircraft rental, air taxi service or flight instructions; and (f) 
baggage and cargo handling, and other passenger or freight services.
    Aviation services. Radio-communication services for the operation of 
aircraft. These services include aeronautical fixed service, 
aeronautical mobile service, aeronautical radiodetermination service, 
and secondarily, the handling of public correspondence on frequencies in 
the maritime mobile and maritime mobile satellite services to and from 
aircraft.

[[Page 199]]

    Aviation support station. An aeronautical station used to coordinate 
aviation services with aircraft and to communicate with aircraft engaged 
in unique or specialized activities. (See subpart K)
    Civil Air Patrol station. A station used exclusively for 
communications of the Civil Air Patrol.
    Emergency locator transmitter (ELT). A transmitter of an aircraft or 
a survival craft actuated manually or automatically that is used as an 
alerting and locating aid for survival purposes.
    Emergency locator transmitter (ELT) test station. A land station 
used for testing ELTs or for training in the use of ELTs.
    Expendable Launch Vehicle (ELV). A booster rocket that can be used 
only once to launch a payload, such as a missile or space vehicle.
    Flight test aircraft station. An aircraft station used in the 
testing of aircraft or their major components.
    Flight test land station. An aeronautical station used in the 
testing of aircraft or their major components.
    Glide path station. A radionavigation land station which provides 
vertical guidance to aircraft during approach to landing.
    Instrument landing system (ILS). A radionavigation system which 
provides aircraft with horizontal and vertical guidance just before and 
during landing and, at certain fixed points, indicates the distance to 
the reference point of landing.
    Instrument landing system glide path. A system of vertical guidance 
embodied in the instrument landing system which indicates the vertical 
deviation of the aircraft from its optimum path of descent.
    Instrument landing system localizer. A system of horizontal guidance 
embodied in the instrument landing system which indicates the horizontal 
deviation of the aircraft from its optimum path of descent along the 
axis of the runway or along some other path when used as an offset.
    Land station. A station in the mobile service not intended to be 
used while in motion.
    Localizer station. A radionavigation land station which provides 
horizontal guidance to aircraft with respect to a runway center line.
    Marker beacon station. A radionavigation land station in the 
aeronautical radionavigation service which employs a marker beacon. A 
marker beacon is a transmitter which radiates vertically a distinctive 
pattern for providing position information to aircraft.
    Mean power (of a radio transmitter). The average power supplied to 
the antenna transmission line by a transmitter during an interval of 
time sufficiently long compared with the lowest frequency encountered in 
the modulation taken under normal operating conditions.
    Microwave landing system. An instrument landing system operating in 
the microwave spectrum that provides lateral and vertical guidance to 
aircraft having compatible avionics equipment.
    Mobile service. A radiocommunication service between mobile and land 
stations, or between mobile stations. A mobile station is intended to be 
used while in motion or during halts at unspecified points.
    Operational fixed station. A fixed station, not open to public 
correspondence, operated by and for the sole use of persons operating 
their own radiocommunication facilities in the public safety, 
industrial, land transportation, marine, or aviation services.
    Peak envelope power (of a radio transmitter). The average power 
supplied to the antenna transmission line by a transmitter during one 
radio frequency cycle at the crest of the modulation envelope taken 
under normal operating conditions.
    Private aircraft station. A mobile station on board an aircraft not 
operated as an air carrier. A station on board an air carrier aircraft 
weighing less than 12,500 pounds maximum certified takeoff gross weight 
may be licensed as a private aircraft station.
    Racon station. A radionavigation land station which employs a racon. 
A racon (radar beacon) is a transmitter-receiver associated with a fixed 
navigational mark, which when triggered by a radar, automatically 
returns a distinctive signal which can appear on the display of the 
triggering radar, providing range, bearing and identification 
information.

[[Page 200]]

    Radar. A radiodetermination system based upon the comparison of 
reference signals with radio signals reflected, or re-transmitted, from 
the position to be determined.
    Radio altimeter. Radionavigation equipment, on board an aircraft or 
spacecraft, used to determine the height of the aircraft or spacecraft 
above the Earth's surface or another surface.
    Radiobeacon station. A station in the radionavigation service the 
emissions of which are intended to enable a mobile station to determine 
its bearing or direction in relation to the radiobeacon station.
    Radiodetermination service. A radiocommuncation service which uses 
radiodetermination. Radiodetermination is 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 of radio waves. A station in this service is called a 
radiodetermination station.
    Radiolocation service. A radiodetermination service for the purpose 
of radiolocation. Radiolocation is the use of radiodetermination for 
purposes other than those of radionavigation.
    Radionavigation land test stations. A radionavigation land station 
which is used to transmit information essential to the testing and 
calibration of aircraft navigational aids, receiving equipment, and 
interrogators at predetermined surface locations. The Maintenance Test 
Facility (MTF) is used primarily to permit maintenance testing by 
aircraft radio service personnel. The Operational Test Facility (OTF) is 
used primarily to permit the pilot to check a radionavigation system 
aboard the aircraft prior to takeoff.
    Radionavigation service. A radiodetermination service for the 
purpose of radionavigation. Radionavigation is the use of 
radiodetermination for the purpose of navigation, including obstruction 
warning.
    Re-usable launch vehicle (RLV). A booster rocket that can be 
recovered after launch, refurbished and re-launched.
    Surveillance radar station. A radionavigation land station in the 
aeronautical radionavigation service employing radar to display the 
presence of aircraft within its range.
    Survival craft station. A mobile station in the maritime or 
aeronautical mobile service intended solely for survival purposes and 
located on any lifeboat, life raft or other survival equipment.
    VHF Omni directional range station (VOR). A radionavigation land 
station in the aeronautical radionavigation service providing direct 
indication of the bearing (omni-bearing) of that station from an 
aircraft.

[53 FR 28940, Aug. 1, 1988, as amended at 54 FR 11719, Mar. 22, 1989; 54 
FR 49995, Dec. 4, 1989; 55 FR 4175, Feb. 7, 1990; 57 FR 45749, Oct. 5, 
1992]



                  Subpart B--Applications and Licenses



Sec. 87.17  Scope.

    This subpart contains the procedures and requirements for the filing 
of applications for radio station licenses in the aviation services. 
Part 1 of the Commission's rules contains the general rules of practice 
and procedure applicable to proceedings before the Commission.



Sec. 87.18  Station license required.

    (a) Except as noted in paragraph (b) of this section, stations in 
the aviation service must be licensed by the FCC either individually or 
by fleet.
    (b) An aircraft station is licensed by rule and does not need an 
individual license issued by the FCC if the aircraft station is not 
required by statute, treaty, or agreement to which the United States is 
signatory to carry a radio, and the aircraft station does not make 
international flights or communications. Even though an individual 
license is not required, an aircraft station licensed by rule must be 
operated in accordance with all applicable operating requirements, 
procedures, and technical specifications found in this part.

[61 FR 58011, Nov. 12, 1996]

[[Page 201]]



Sec. 87.19  Basic eligibility.

    (a) General. Foreign governments or their representatives cannot 
hold station licenses.
    (b) Aeronautical enroute and aeronautical fixed stations. The 
following persons cannot hold an aeronautical enroute or an aeronautical 
fixed station license.
    (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 its representative, or by a corporation 
organized under the laws of a foreign country; or
    (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 its representatives, 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.

[53 FR 28940, Aug. 1, 1988, as amended at 61 FR 55581, Oct. 28, 1996]



Sec. 87.21  Standard forms to be used.

    (a) Applications must be submitted on prescribed forms which may be 
obtained from the Commission in Washington, DC 20554 or from any of its 
field offices.
    (b) The following table indicates the correct standard form or other 
means to be used when submitting an application:

------------------------------------------------------------------------
  Class of station      Application for--               Use--
------------------------------------------------------------------------
Aircraft...........  New license...........  FCC Form 404.
                     Fleet license (new)...  FCC Form 404.
                     Modification of         FCC Form 404.
                      license.
                     Renewal of license      FCC Form 404.
                      with modification.
                     Renewal of license      FCC Form 405-B.
                      without modification.
                     Temporary operating     FCC Form 404-A.
                      authority in
                      conjunction with
                      application for a new
                      license or
                      modification of
                      license.
                     Transfer of control of  FCC Form 703.
                      corporation.
                     Special Temporary       Letter/Telegram.
                      authority.
                     Name or address change  Letter.
Ground.............  New license...........  FCC Form 406.
                     Modification of         FCC Form 406.
                      license.
                     Renewal of license      FCC Form 406.
                      with modification.
                     Renewal of license      FCC Form 452-R.
                      without modification.
                     Assignment of license.  FCC Form 1046 and 406.
                     Transfer of control of  FCC Form 703.
                      corporation.
                     Special Temporary       Letter/Telegram.
                      Authority.
Civil Air Patrol...  New license...........  FCC Form 480.
                     Modification of         FCC Form 480.
                      license.
                     Renewal of license....  FCC Form 480.
------------------------------------------------------------------------


[53 FR 28940, Aug. 1, 1988, as amended at 56 FR 64715, Dec. 12, 1991]



Sec. 87.23  Supplemental information required.

    (a)(1) To minimize harmful interference at the National Radio 
Astronomy Observatory site at Green Bank, Pocahontas County, WV, and at 
the Naval Radio Research Observatory site at Sugar Grove, Pendleton 
County, WV, an applicant for a new station license (other than mobile, 
temporary base, temporary fixed or Civil Air Patrol), or for 
modification of an existing license to change the frequency, power, 
antenna location, height or directivity within the area bounded by 
39'15' N. on the north, 78'30' W. on the east, 37'30' N on the south and 
80'30' W on the west, must first notify the Director, National Radio 
Astronomy Observatory, Attn: Interference Office, Post Office Box No. 2, 
Green Bank, WV 24944, in writing, of the geographical coordinates of the 
antenna, antenna height, antenna directivity, frequency, emission and 
power. The application to the Commission must show the date notification 
was made to the Observatory. The Commission will allow twenty (20) days 
after receipt of its copy of the notification for comments or 
objections. If a timely response is received, the Commission will 
consider the comments or objections.

[[Page 202]]

    (2) 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].
    (i) 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.
    (ii) 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, if 
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.
    (iii) The provisions of this paragraph do not apply to Civil Air 
Patrol stations or to operations that transmit on frequencies above 15 
GHz.
    (b) Geographical coordinates of Commission facilities which require 
protection are listed in Sec. 0.121(c). Applications for stations 
(except mobile stations) which will be located within 80 km (50 miles) 
of the referenced coordinates are examined to determine extent of 
possible interference. A clause protecting the monitoring station may be 
added to the station license.
    (c) Each application for a station license to operate in the 
vicinity of Boulder County, CO, under this part must 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, 
CO. To prevent degradation of the present ambient radio signal level at 
the site, the Department of Commerce seeks to ensure that field strength 
at 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 the 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 a
  free-space characteristic impedence of 376.7 (approximately 120 pi)
  ohms.
\2\ Space stations shall conform to the power flux density limits at the
  earth's surface specified in appropriate parts of the Commission's
  rules, but in no case should exceed the above levels in any 4 kHz band
  for all angles of arrival.

    (d) Each applicant is responsible for determining whether proposals 
for a new or modified station require envionmental information. 
Applicants should refer to Sec. 1.1307 to identify those

[[Page 203]]

actions for which environmental information must be submitted.

[53 FR 28940, Aug. 1, 1988, as amended at 54 FR 11719, Mar. 22, 1989; 62 
FR 55534, Oct. 27, 1997]



Sec. 87.25  Filing of applications.

    Rules about the filing of applications for radio station licenses 
are contained in this section.
    (a) Each application must specify an address in the United States to 
be used by the Commission in serving documents or directing 
correspondence to the licensee. Otherwise the address contained in the 
licensee's most recent notification will be used for this purpose. 
Failure to answer Commission correspondence can result in revocation of 
the license.
    (b) An original of each application must be filed with the 
Commission, Gettysburg, PA 17326, unless otherwise noted on the 
application form. 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) One application may be submitted for the total number of 
aircraft stations in the fleet (fleet license).
    (d) One application for aeronautical land station license may be 
submitted for the total number of stations in the fleet.
    (e) One application for modification or transfer of control may be 
submitted for two or more stations when the individual stations are 
clearly identified and the following elements are the same for all 
existing or requested station licenses involved:
    (1) Applicant;
    (2) Specific details of request;
    (3) Rule part.
    (f) One application must be submitted for each Civil Air Patrol 
wing. The application must show the total number of transmitters to be 
authorized. The wing need not notify the Commission each time the number 
of transmitters is altered. Upon renewal, the wing must notify the 
Commission of any change in the total number of transmitters.

[53 FR 28940, Aug. 1, 1988, as amended at 56 FR 64715, Dec. 12, 1991]



Sec. 87.27  License term.

    (a) Licenses for aircraft stations will normally be issued for a 
term of ten years from the date of original issuance, major modification 
or renewal. Licensees may apply for renewal of the station license up to 
ninety (90) days after the date the license expires.
    (b) Licenses other than aircraft stations in the aviation services 
will normally be issued for a term of five years from the date of 
original issuance, major modification, or renewal. Licensees, other than 
Aeronautical Advisory (unicom) stations licensed under Sec. 87.215(b), 
Aeronautical Fixed, Aeronautical Enroute, and Airport Control Tower 
stations, may apply for renewal of the station license up to ninety (90) 
days after the date the license expires.
    (c) Licenses for developmental stations will be issued for a period 
not to exceed one year and are subject to change or to cancellation by 
the Commission at any time, upon reasonable notice but without a 
hearing.

[53 FR 28940, Aug. 1, 1988, as amended at 58 FR 68062, Dec. 23, 1993; 62 
FR 40308, July 28, 1997]



Sec. 87.29  Partial grant of application.

    Whenever the Commission, without a hearing, grants an application in 
part or with any privileges, terms, or conditions other than those 
requested, the action will be considered as a grant of the application 
unless the applicant, within 30 days from the date on which such grant 
is made, or from its effective date if a later day is specified, files 
with the Commission a written protest, rejecting the grant as made. Upon 
receipt of such protest, the Commission will vacate its original action 
upon the application and, if necessary, set the application for hearing.



Sec. 87.31  Changes during license term.

    The following table indicates the required action for changes made 
during the license term:

------------------------------------------------------------------------
              Type of change                       Required action
------------------------------------------------------------------------
Mailing address...........................  Written notice to FCC.
                                            Gettysburg, PA 17326.
Name of licensee (without change in         Written notice to FCC.
     ownership, control or corporate        Gettysburg, PA 17326.
                         structure).
Transfer of control of a corporation......  Use FCC Form 703.

[[Page 204]]

 
Assignment of a radio station license       Use FCC Form 1046 and 406.
  (except aircraft station license).
Addition of transmitting equipment on a     Use FCC Form 404 (aircraft).
   frequency, frequency band or with        Use FCC Form 406 (land).
 emission types not authorized on present   Use FCC Form 480 (C.A.P.).
                            license.
Addition or replacement of transmitting     None.
 equipment on a frequency or frequency
 band with emission types authorized on
                    present license.
Addition of survival craft station........  None
------------------------------------------------------------------------



Sec. 87.33  Transfer of aircraft station license prohibited.

    An aircraft station license cannot be assigned. If the aircraft 
ownership is transferred, the previous license must be returned to the 
Commission. The new owner must file for a new license.



Sec. 87.35  Cancellation of license.

    When a station permanently discontinues operation, the license must 
be returned to the Commission, Gettysburg, PA 17326.



Sec. 87.37  Developmental license.

    This section contains rules about the licensing of developmental 
operations subject to this part.
    (a) Showing required. Each application for a developmental license 
must be accompanied by a letter showing that:
    (1) The applicant has an organized plan of development leading to a 
specific objective;
    (2) A point has been reached in the program where actual 
transmission by radio is essential;
    (3) The program has reasonable promise of substantial contribution 
to the use of radio;
    (4) The program will be conducted by qualified personnel;
    (5) The applicant is legally qualified and possesses technical 
facilities for conduct of the program as proposed;
    (6) The public interest, convenience and necessity will be served by 
the proposed operation.
    (b) Signature and statement of understanding. The showing must be 
signed by the applicant.
    (c) Assignable frequencies. Developmental stations may be authorized 
to use frequencies available for the service and class of station 
proposed. The number of frequencies assigned will depend upon the 
specific requirements of the developmental program and the number of 
frequencies available.
    (d) Developmental program. (1) The developmental program as 
described by the applicant must be substantially followed.
    (2) Where some phases of the developmental program are not covered 
by the general rules of the Commission and the rules in this part, the 
Commission may specify supplemental or additional requirements or 
conditions as considered necessary in the public interest, convenience 
or necessity.
    (3) The Commission may, from time to time, require a station engaged 
in developmental work to conduct special tests which are reasonable and 
desirable to the authorized developmental program.
    (e) Use of developmental stations. (1) Developmental stations must 
conform to all applicable technical and operating requirements contained 
in this part, unless a waiver is specifically provided in the station 
license.
    (2) Communication with any station of a country other than the 
United States is prohibited unless specifically provided in the station 
license.
    (3) The operation of a developmental station must not cause harmful 
interference to stations regularly authorized to use the frequency.
    (f) Report of operation required. A report on the results of the 
developmental program must be filed within 60 days of the expiration of 
the license. A report must accompany a request for renewal of the 
license. Matters which the applicant does not wish to disclose publicly 
may be so labeled; they will be used solely for the Commission's 
information. However, public disclosure is governed by Sec. 0.467 of the 
Commission's rules. The report must include the following:
    (1) Results of operation to date.
    (2) Analysis of the results obtained.
    (3) Copies of any published reports.
    (4) Need for continuation of the program.
    (5) Number of hours of operation on each authorized frequency during 
the

[[Page 205]]

term of the license to the date of the report.

[53 FR 28940, Aug. 1, 1988, as amended at 54 FR 11719, Mar. 22, 1989]



Sec. 87.39  Equipment acceptable for licensing.

    Transmitters listed in this part must be certificated for a 
particular use by the Commission based upon technical requirements 
contained in subpart D of this part.

[53 FR 28940, Aug. 1, 1988, as amended at 63 FR 36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 87.39 was 
amended by removing the term ``type accepted'' and adding in its place 
``certificated'', effective Oct. 5, 1998.



Sec. 87.41  Frequencies.

    (a) Applicant responsibilities. The applicant must propose 
frequencies to be used by the station consistent with the applicant's 
eligibility, the proposed operation and the frequencies available for 
assignment. Applicants must cooperate in the selection and use of 
frequencies in order to minimize interference and obtain the most 
effective use of stations. See subpart E and the appropriate subpart 
applicable to the class of station being considered.
    (b) Licensing limitations. Frequencies are available for assignment 
to stations on a shared basis only and will not be assigned for the 
exclusive use of any licensee. The use of any assigned frequency may be 
restricted to one or more geographical areas.
    (c) Government frequencies. Frequencies allocated exclusively to 
federal government radio stations may be licensed. The applicant for a 
government frequency must provide a satisfactory showing that such 
assignment is required for inter-communication with government stations 
or required for coordination with activities of the federal government. 
The Commission will coordinate with the appropriate government agency 
before a government frequency is assigned.
    (d) Assigned frequency. The frequency coinciding with the center of 
an authorized bandwidth of emission must be specified as the assigned 
frequency. For single sideband emission, the carrier frequency must also 
be specified.



Sec. 87.43  Operation during emergency.

    A station may be used for emergency communications in a manner other 
than that specified in the station license or in the operating rules 
when normal communication facilities are disrupted. The Commission may 
order the discontinuance of any such emergency service.



Sec. 87.45  Time in which station is placed in operation.

    This section applies to unicom stations and radionavigation land 
stations, excluding radionavigation land test stations. In those cases 
in which a new or modified license is issued, if the station or 
modifications authorized have not been placed in operation within eight 
months from the date of the grant, the license becomes invalid and must 
be returned to the Commission unless the licensee shows good cause why 
notification was not made. The licensee must notify the Commission in 
writing when the station is placed in operation.



Sec. 87.47  Application for a portable aircraft station license.

    A person may apply for a portable aircraft radio station license if 
the need exists to operate the same station on more than one U.S. 
aircraft.



Sec. 87.51  Aircraft earth station commissioning.

    (a) Aircraft earth stations which require commissioning to use a 
privately owned satellite system must submit FCC Form 404 to the 
Commission before transmitting on any satellite frequency bands 
allocated for aeronautical mobile-satellite communications.
    (b) Aircraft earth stations authorized to operate in the Inmarsat 
space segment must display the Commission license together with the 
commissioning certificate issued by Inmarsat. Notwithstanding the 
requirements of this paragraph, aircraft earth stations may operate in 
the Inmarsat space segment without an Inmarsat-issued commissioning 
certificate if written approval is obtained from Inmarsat in addition to 
the license from the Commission.

[57 FR 45749, Oct. 5, 1992]

[[Page 206]]



            Subpart C--Operating Requirements and Procedures

                         Operating Requirements



Sec. 87.69  Maintenance tests.

    The licensee may make routine maintenance tests on equipment other 
than emergency locator transmitters if there is no interference with the 
communications of any other station. Procedures for conducting tests on 
emergency locator transmitters are contained in subpart F.



Sec. 87.71  Frequency measurements.

    A licensed operator must measure the operating frequencies of all 
land-based transmitters at the following times:
    (a) When the transmitter is originally installed;
    (b) When any change or adjustment is made in the transmitter which 
may affect an operating frequency; or
    (c) When an operating frequency has shifted beyond tolerance.



Sec. 87.73  Transmitter adjustments and tests.

    A general radiotelephone operator must directly supervise and be 
responsible for all transmitter adjustments or tests during 
installation, servicing or maintenance of a radio station. A general 
radiotelephone operator must be responsible for the proper functioning 
of the station equipment.



Sec. 87.75  Maintenance of antenna structure marking and control equipment.

    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.

[61 FR 4368, Feb. 6, 1996]



Sec. 87.77  Availability for inspections.

    The licensee must make the station and its records available for 
inspection upon request.



Sec. 87.79  Answer to notice of violation.

    (a) Any person who receives an official notice of violation of the 
Communications Act, any legislative act, executive order, treaty to 
which the U.S. is a party, terms of a station or operator license, or 
the Commission's rules must send a written answer, in duplicate, to the 
office which originated the notice, within 10 days of receipt. If the 
licensee cannot acknowledge within the allotted period due to 
unavoidable circumstances, an answer must be given at the earliest 
practicable date with a satisfactory explanation of the delay.
    (b) The answer to each notice must be complete in itself. The answer 
must contain a full expalantion of the incident involved and must give 
the action taken to prevent a recurrence of the violation. If the notice 
relates to operator errors, the answer must give the name and license 
number of the operator on duty.

                       Radio Operator Requirements



Sec. 87.87  Classification of operator licenses and endorsements.

    (a) Commercial radio operator licenses issued by the Commission are 
classified in accordance with the Radio Regulations of the International 
Telecommunication Union.
    (b) The following licenses are issued by the Commission. 
International classification, if different from the license name, is 
given in parentheses. The licenses and their alphanumeric designator are 
listed in descending order.
    (1) T-1 First Class Radiotelegraph Operator's Certificate
    (2) T-2 Second Class Radiotelegraph Operator's Certificate
    (3) G General Radiotelephone Operator Licenes (radiotelephone 
operator's general certificate)
    (4) T-3 Third Class Radiotelegraph Operator's Certificate 
(radiotelegraph operator's special certificate)
    (5) MP Marine Radio Operator Permit (radiotelephone operator's 
restricted certificate)

[[Page 207]]

    (6) RP Restricted Radiotelephone Operator Permit (radiotelephone 
operator's restricted certificate)



Sec. 87.89  Minimum operator requirements.

    (a) A station operator must hold a commercial radio operator license 
or permit, except as listed in paragraph (d).
    (b) The minimum operator license or permit required for operation of 
each specific classification is:

                   Minimum Operator License or Permit

                       Land stations, all classes

--All frequencies except VHF telephony transmitters providing domestic 
service...............................................................RP

                     Aircraft stations, all classes

--Frequencies below 30 MHz allocated exclusively to aeronautical mobile 
services..............................................................RP
--Frequencies below 30 MHz not allocated exclusively to aeronautical 
mobile services.............................................MP or higher
--Frequencies above 30 MHz not allocated exclusively to aeronautical 
mobile services and assigned for international use..........MP or higher
--Frequencies above 30 MHz not assigned for international use.......none
--Frequencies not used solely for telephone or exceeding 250 watts 
carrier power or 1000 watts peak envelope power..............G or higher

    (c) The operator of a telephony station must directly supervise and 
be responsible for any other person who transmits from the station, and 
must ensure that such communications are in accordance with the station 
license.
    (d) No operator license is required to:
    (1) Operate an aircraft radar set, radio altimeter, transponder or 
other aircraft automatic radionavigation transmitter by flight 
personnel;
    (2) Test an emergency locator transmitter or a survival craft 
station used solely for survival purposes;
    (3) Operate an aeronautical enroute station which automatically 
transmits digital communications to aircraft stations;
    (4) Operate a VHF telephony transmitter providing domestic service 
or used on domestic flights.



Sec. 87.91  Operation of transmitter controls.

    The holder of a marine radio operator permit or a restricted 
radiotelephone operator permit must perform only transmitter operations 
which are controlled by external switches. These operators must not 
perform any internal adjustment of transmitter frequency determining 
elements. Further, the stability of the transmitter frequencies at a 
station operated by these operators must be maintained by the 
transmitter itself. When using an aircraft radio station on maritime 
mobile service frequencies the carrier power of the transmitter must not 
exceed 250 watts (emission A3E) or 1000 watts (emission R3E, H3E, or 
J3E).

                          Operating Procedures



Sec. 87.103  Posting station license.

    (a) Stations at fixed locations. The license or a photocopy must be 
posted or retained in the station's permanent records.
    (b) Aircraft radio stations. The license must be either posted in 
the aircraft or kept with the aircraft registration certificate. If a 
single authorization covers a fleet of aircraft, a copy of the license 
must be either posted in each aircraft or kept with each aircraft 
registration certificate.
    (c) Aeronautical mobile stations. The license must be retained as a 
permanent part of the station records.

[53 FR 28940, Aug. 1, 1988, as amended at 54 FR 11720, Mar. 22, 1989]



Sec. 87.105  Availability of operator permit or license.

    All operator permits or licenses must be readily available for 
inspection.



Sec. 87.107  Station identification.

    (a) Aircraft station. Identify by one of the following means:
    (1) Aircraft radio station call sign.
    (2) Assigned FCC control number (assigned to ultralight aircraft).
    (3) The type of aircraft followed by the characters of the 
registration marking (``N'' number) of the aircraft, omitting the prefix 
letter ``N''. When communication is initiated by a ground station, an 
aircraft station may use the type of aircraft followed by the

[[Page 208]]

last three characters of the registration marking.
    (4) The FAA assigned radiotelephony designator of the aircraft 
operating organization followed by the flight identification number.
    (5) An aircraft identification approved by the FAA for use by 
aircraft stations participating in an organized flying activity of short 
duration.
    (b) Land and fixed stations. Identify by means of radio station call 
sign, its location, its assigned FAA identifier, the name of the city 
area or airport which it serves, or any additional identification 
required. An aeronautical enroute station which is part of a 
multistation network may also be identified by the location of its 
control point.
    (c) Survival craft station. Identify by transmitting a reference to 
its parent aircraft. No identification is required when distress signals 
are transmitted automatically. Transmissions other than distress or 
emergency signals, such as equipment testing or adjustment, must be 
identified by the call sign or by the registration marking of the parent 
aircraft followed by a single digit other than 0 or 1.
    (d) Exempted station. The following types of stations are exempted 
from the use of a call sign: Airborne weather radar, radio altimeter, 
air traffic control transponder, distance measuring equipment, collision 
avoidance equipment, racon, radio relay, radionavigation land test 
station (MTF), and automatically controlled aeronautical enroute 
stations.



Sec. 87.109  Station logs.

    A station at a fixed location in the international aeronautical 
mobile service must maintain a written or automatic log in accordance 
with Paragraph 3.5, Volume II, Annex 10 of the ICAO Convention.



Sec. 87.111  Suspension or discontinuance of operation.

    The licensee of any airport control tower station or radionavigation 
land station must notify the nearest FAA regional office upon the 
temporary suspension or permanent discontinuance of the station. The FAA 
center must be notified again when service resumes.

[54 FR 11720, Mar. 22, 1989]



                    Subpart D--Technical Requirements



Sec. 87.131  Power and emissions.

    The following table lists authorized emissions and maximum power. 
Power must be determined by direct measurement.

----------------------------------------------------------------------------------------------------------------
                                                                 Authorized emission(s)
          Class of station            Frequency band/frequency            \9\               Maximum power \1\
----------------------------------------------------------------------------------------------------------------
Aeronautical advisory...............  VHF.....................  A3E....................  10 watts.
Aeronautical multicom...............  VHF.....................  A3E....................  10 watts.
        Aeronautical enroute and      HF......................  R3E, H3E, J3E, J7B, H2B  6 kw.
              aeronautical fixed.
                                      HF......................  A1A, F1B, J2A, J2B.....  1.5 kw.
                                      VHF.....................  A3E, A9W...............  200 watts.\2\
Aeronautical search and rescue......  VHF.....................  A3E....................  10 watts.
                                      HF......................  R3E, H3E, J3E..........  100 watts.
Operational fixed...................  VHF.....................  G3E, F2D...............  30 watts.
Flight test land....................  VHF.....................  A3E....................  200 watts.
                                      UHF.....................  F2D, F9D, F7D..........  25 watts.\3\
                                      HF......................  H2B, J3E, J7D, J9W.....  6.0 kw.
Aviation support....................  VHF.....................  A3E....................  50 watts.
Airport control tower...............  VHF.....................  A3E....................  50 watts.
                                      Below 400 kHz...........  A3E....................  15 watts.
Aeronautical utility mobile.........  VHF.....................  A3E....................  10 watts.
Radionavigation land test...........  108.150 MHz.............  A9W....................  1 milliwatt.
                                      334.550 MHz.............  A1N....................  1 milliwatt.
                                      Other VHF...............  M1A, XXA, A1A, A1N,      1 watt.
                                                                 A2A, A2D, A9W.
                                      Other UHF...............  M1A, XXA, A1A, A1N,      1 watt.
                                                                 A2A, A2D, A9W.
                                      5031.0 MHz..............  F7D....................  1 watt.
Radionavigation land................  Various \4\.............  Various \4\............  Various.\4\
 
                                     ---------------------------------------------------------------------------
                                                               Aeronautical Frequencies
 
                                     ---------------------------------------------------------------------------
Aircraft (Communication)............  UHF.....................  F2D, F9D, F7D..........  25 watts.

[[Page 209]]

 
                                      VHF.....................  A3E, A9W...............  55 watts.
                                      HF......................  R3E, H3E, J3E, J7B,      400 watts.
                                                                 H2B, J7D, J9W.
                                      HF......................  A1A, F1B, J2A, J2B.....  100 watts.
 
                                     ---------------------------------------------------------------------------
                                                                Marine Frequencies \5\
 
                                     ---------------------------------------------------------------------------
                                      156.300 MHz.............  G3E....................  5 watts.
                                      156.375 MHz.............  G3E....................  5 watts.
                                      156.400 MHz.............  G3E....................  5 watts.
                                      156.425 MHz.............  G3E....................  5 watts.
                                      156.450 MHz.............  G3E....................  5 watts.
                                      156.625 MHz.............  G3E....................  5 watts.
                                      156.800 MHz.............  G3E....................  5 watts.
                                      156.900 MHz.............  G3E....................  5 watts.
                                      157.425 MHz.............  G3E....................  5 watts.
                                      HF \6\..................  R3E, H3E, J3E, J2B,      1000 watts.
                                                                 F1B, A3E.               250 watts.
                                      MF \6\..................  R3E, H3E, J3E, J2B, F1B  1000 watts.
                                      HF \6\..................  A3E....................  250 watts.
(Radionavigation)...................  Various \7\.............  Various \7\............  Various.\7\
Aircraft earth......................  UHF.....................  G1D, G1E, G1W..........  60 watts.\8\
----------------------------------------------------------------------------------------------------------------
\1\ The power is measured at the transmitter output terminals and the type of power is determined according to
  the emission designator as follows:
(i) Mean power (pY) for amplitude modulated emissions and transmitting both sidebands using unmodulated full
  carrier.
(ii) Peak envelope power (pX) for all emission designators other than those referred to in paragraph (i) of this
  note.
\2\ Power and antenna height are restricted to the minimum necessary to achieve the required service.
\3\ Transmitter power may be increased to overcome line and duplexer losses but must not exceed 25 watts
  delivered to the antenna.
\4\ Frequency, emission, and maximum power will be determined after coordination with appropriate Government
  agencies.
\5\ To be used with airborne marine equipment certificated for part 80 (ship) and used in accordance with part
  87.
\6\ Applicable onIy to marine frequencies used for public correspondence.
\7\ Frequency, emission, and maximum power will be determined by appropriate standards during the certification
  process.
\8\ Power may not exceed 60 watts per carrier. The maximum EIRP may not exceed 2000 watts per carrier.
\9\ Excludes automatic link establishment.

[54 FR 11720, Mar. 22, 1989, as amended at 57 FR 45749, Oct. 5, 1992; 62 
FR 40308, July 28, 1997; 63 FR 36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 87.131, 
footnote 5 of the table, was amended by removing the term ``type 
accepted'' and adding in its place ``certificated'', and footnote 7 was 
amended by removing the term ``type acceptance'' and adding in its place 
``certification'', effective Oct. 5, 1998.



Sec. 87.133  Frequency stability.

    (a) Except as provided in paragraphs (c), (d), and (f) of this 
section, the carrier frequency of each station must be maintained within 
these tolerances:

------------------------------------------------------------------------
    Frequency band (lower limit
 exclusive, upper limit inclusive),  Tolerance \1\      Tolerance \2\
     and categories of stations
------------------------------------------------------------------------
(1) Band-9 to 535 kHz:
  Aeronautical stations............          100    100
  Aircraft stations................          200    100
  Survival craft stations on 500           5,000    20 Hz \3\
   kHz.
  Radionavigation stations.........          100    100
(2) Band-1605 to 4000 kHz:
  Aeronautical fixed stations:
    Power 200 W or less............          100    100 \8\
    Power above 200 W..............           50    50 \8\
  Aeronautical stations:
    Power 200 W or less............      100 \7\    100 \7\, \8\
    Power above 200 W..............       50 \7\    50 \7\, \8\
  Aircraft stations................      100 \7\    100 \7\
  Survival craft stations on 2182            200    20 Hz \3\
   kHz.
(3) Band-4 to 29.7 MHz:
  Aeronautical fixed stations:
    Power 500 W or less............           50    ....................
    Power above 500 W..............           15    ....................
  Single-sideband and Independent-
   sideband emission:
    Power 500 W or less............                 50 Hz
    Power above 500 W..............                 20 Hz
  Class F1B emissions..............                 10 Hz
  Other classes of emission:
    Power 500 W or less............                 20
    Power above 500 W..............                 10
  Aeronautical stations:
    Power 500 W or less............      \7\ 100    100 \7\
    Power above 500 W..............       \7\ 50    50 \7\
  Aircraft stations................      \7\ 100    100 \7\
  Survival craft stations on 8364            200    50 Hz \3\
   kHz.
(4) Band-29.7 to 100 MHz:
  Aeronautical fixed stations:
    Power 200 W or less............           50    ....................
    Power above 200 W..............           30    ....................
    Power 50 W or less.............                 30
    Power above 50 W...............                 20
  Operational fixed stations:
    73-74.6 MHz (Power 50 W or                50    30
     less).
    73-74.6 MHz (Power above 50 W).           20    20

[[Page 210]]

 
    72-73.0 MHz and 75.4-76.0 MHz..            5    5
  Radionavigation stations.........          100    50
(5) Band-100 to 137 MHz:
  Aeronautical stations............       \4\ 50    20
  Emergency locator transmitter               50    50
   test stations.
  Survival craft stations on 121.5            50    50
   MHz.
  Emergency locator stations.......           50    50
  Aircraft and other mobile               50 \5\    30 \10\
   stations in the Aviation
   Services.
  Radionavigation stations.........           20    20
(6) Band-137 to 470MHz:
  Aeronautical stations............           50    20
  Survival craft stations on 243              50    50
   MHz.
  Aircraft stations................       50 \5\    30 \10\
  Radionavigation stations.........           50    50
  Emergency locator transmitters on          N/A    5
   406 MHz.
(7) Band-470 to 2450 MHz:
  Aeronautical stations............          100    20
  Aircraft stations................          100    20
  Aircraft earth station...........                 320 Hz \11\
  Radionavigation stations:
    470-960 MHz....................          500    500
    960-1215 MHz...................           20    20
    1215-2450 MHz..................          500    500
(8) Band-2450 to 10500 MHz:
  Radionavigation stations.........  \6\, \9\ 1250  1250 \6\, \9\
(9) Band-10.5 GHz to 40 GHz:
  Radionavigation stations.........         5000    5000
------------------------------------------------------------------------
\1\ This tolerance is the maximum permitted until January 1, 1990, for
  transmitters installed before January 2, 1985, and used at the same
  installation. Tolerance is indicated in parts in 10 \6\ unless shown
  as Hertz (Hz).
\2\ This tolerance is the maximum permitted after January 1, 1985 for
  new and replacement transmitters and to all transmitters after January
  1, 1990. Tolerance is indicated in parts in 10 \6\ unless shown as
  Hertz (Hz).
\3\ For transmitters first approved after November 30, 1977.
\4\ The tolerance for transmitters approved between January 1, 1966, and
  January 1, 1974, is 30 parts in 10 \6\. The tolerance for transmitters
  approved after January 1, 1974, and stations using offset carrier
  techniques is 20 parts in 10 \6\.
\5\ The tolerance for transmitters approved after January 1, 1974, is 30
  parts in 10 \6\.
\6\ In the 5000 to 5250 MHz band, the FAA requires a tolerance of 10 kHz for Microwave Landing System stations which are to be a
  part of the National Airspace System (FAR 171).
\7\ For single-sideband transmitters operating in the frequency bands
  1605-4000 kHz and 4-29.7 MHz which are allocated exclusively to the
  Aeronautical Mobile (R) Service, the tolerance is: Aeronautical
  stations, 10 Hz; aircraft stations, 20 Hz.
\8\ For single-sideband radiotelephone transmitters the tolerance is: In
  the bands 1605-4000 kHz and 4-29.7 MHz for peak envelope powers of 200
  W or less and 500 W or less, respectively, 50 Hz; in the bands 1605-
  4000 kHz and 4-29.7 MHz for peak envelope powers above 200 W and 500
  W, respectively, 20 Hz.
\9\ Where specific frequencies are not assigned to radar stations, the
  bandwidth occupied by the emissions of such stations must be
  maintained within the band allocated to the service and the indicated
  tolerance does not apply.
\10\ Until January 1, 1997, the maximum frequency tolerance for
  transmitters with 50 kHz channel spacing installed before January 2,
  1985, is 50 parts in 10 \6\.
\11\ For purposes of certification, a tolerance of 160 Hz applies to the
  reference oscillator of the AES transmitter. This is a bench test.

    (b) The power shown in paragraph (a) of this section is the peak 
envelope power for single-sideband transmitters and the mean power for 
all other transmitters.
    (c) For single-sideband transmitters, the tolerance is:

(1) All aeronautical stations on land other than Civil Air Patrol.....10 
                                                                      Hz
(2) All aircraft stations other than Civil Air Patrol..............20 Hz
(3) Civil Air Patrol Stations......................................50 Hz

    (d) For radar transmitters, except non-pulse signal radio 
altimeters, the frequency at which maximum emission occurs must be 
within the authorized frequency band and must not be closer than 1.5/T 
MHz to the upper and lower limits of the authorized bandwidth, where T 
is the pulse duration in microseconds.
    (e) The Commission may authorize tolerances other than those 
specified in this section upon a satisfactory showing of need.
    (f) The carrier frequency tolerance of transmitters operating in the 
1435-1535 MHz and 2310-2390 MHz bands manufactured before January 2, 
1985, is 0.003 percent. The carrier frequency tolerance of transmitters 
operating in the 1435-1535 MHz and 2310-2390 MHz bands manufactured 
after January 1, 1985, is 0.002 percent. After January 1, 1990, the 
carrier frequency tolerance of all transmitters operating in the 1435-
1535 MHz and 2310-2390 MHz bands is 0.002 percent.

[53 FR 28940, Aug. 1, 1988, as amended at 56 FR 38084, Aug. 12, 1991; 57 
FR 45749, Oct. 5, 1992; 58 FR 31027, May 26, 1993; 63 FR 36607, July 7, 
1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 87.133, 
paragraph (a), footnote 3 of the table was amended by removing the term 
``type accepted or type approved'' and adding in its place ``approved''; 
footnotes 4 and 5 were amended by removing the term ``type accepted'' 
and adding in its place ``approved''; footnote 11 was amended by 
removing the term ``type acceptance'' and adding in its place 
``certification'', effective Oct. 5, 1998.



Sec. 87.135  Bandwidth of emission.

    (a) Occupied bandwidth is the width of a frequency band such that, 
below the lower and above the upper frequency limits, the mean powers 
emitted are each equal to 0.5 percent of the total mean power of a given 
emission.

[[Page 211]]

    (b) The authorized bandwidth is the maximum occupied bandwidth 
authorized to be used by a station.
    (c) The necessary bandwidth for a given class of emission is the 
width of the frequency band which is just sufficient to ensure the 
transmission of information at the rate and with the quality required 
under specified conditions.



Sec. 87.137  Types of emission.

    (a) The assignable emissions, corresponding emission designators and 
authorized bandwidths are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                               Authorized bandwidth (kilohertz)
                                                                            ------------------------------------
             Class of emission                     Emission designator         Below 50     Above 50   Frequency
                                                                                 MHz          MHz      deviation
----------------------------------------------------------------------------------------------------------------
A1A \1\....................................  100HA1A                               0.25
A1N........................................  300HA1N                                            0.75
A2A........................................  2K04A2A                               2.74        50
A2D........................................  6K0A2D                                            50
A2D \5\....................................  13K0A2D                         ...........       50      .........
A3E \2\....................................  6K00A3E                                       \3\ 50
A3E........................................  3K20A3E \15\                                 \15\ 25
A3X \4\....................................  3K20A3X                                           25
A9W \5\....................................  13K0A9W                                           25
F1B \1\....................................  1K70F1B                               1.7
F1B \1\....................................  2K40F1B                               2.5
F2D........................................  5M0F2D                                         (\9\)
F3E \6\....................................  16K0F3E                                           20             5
F3E \7\....................................  36K0F3E                                           40            15
F7D \8\....................................  5M0F7D                                         (\9\)
F9D........................................  5M0F9D                                         (\9\)
G1D........................................  16K0G1D                                        20kHz
G1D \16\...................................  21K0G1D                                           25
G1E \16\...................................  21K0G1E                                           25
G1W \16\...................................  21K0G1W                                           25
G3E \6\....................................  16K0G3E                                           20             5
H2B \10\ \11\..............................  2K80H2B                               3.0
H3E \11\ \12\..............................  2K80H3E                               3.0
J2A \1\....................................  100HJ2A                               0.25
J2B \1\....................................  1K70J2B                               1.7
                                             2K40J2B                               2.5
J3E \11\ \12\..............................  2K80J3E                               3.0
J7B \11\...................................  2K80J7B                               3.0
J7D........................................  5M0J7D                                         (\9\)
J9W \11\...................................  2K80J9W                               3.0
M1A........................................  620HM1A
NON........................................  NON                                          None \15\
PON \13\...................................  (\9\)                                          (\9\)
R3E \11\ \12\..............................  2K80R3E                               3.0
XXA \14\...................................  1K12XXA                               2.74
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ A1A, F1B, J2A and J2B are permitted provided they do not cause harmful interference to H2B, J3E, J7B and
  J9W.
\2\ For use with an authorized bandwidth of 8.0 kilohertz at radiobeacon stations. A3E will not be authorized:
(i) At existing radiobeacon stations that are not authorized to use A3 and at new radiobeacon stations unless
  specifically recommended by the FAA for safety purposes.
(ii) At existing radiobeacon stations currently authorized to use A3, subsequent to January 1, 1990, unless
  specifically recommended by the FAA for safety purposes.
\3\ In the band 117.975-136 MHz, the authorized bandwidth is 25 kHz for transmitters approved after January 1,
  1974.
\4\ Applicable only to Survival Craft Stations and to the emergency locator transmitters and emergency locator
  transmitter test stations employing modulation in accordance with that specified in Sec.  87.141 of the Rules.
  The specified bandwidth and modulation requirements shall apply to emergency locator transmitters for which
  approval is granted after October 21, 1973.
\5\ This emission may be authorized for audio frequency shift keying and phase shift keying for digital data
  links on any frequency listed in Sec.  87.263(a)(1), Sec.  87.263(a)(3) or Sec.  87.263(a)(5). 13K0A2D
  emission may be authorized on frequencies not used for voice communications. If the channel is used for voice
  communications, 13K0A9W emission may be authorized, provided the data is multiplexed on the voice carrier
  without derogating voice communications.
\6\ Applicable to operational fixed stations in the bands 72.0-73.0 MHz and 75.4-76.0 MHz and to CAP stations
  using F3 on 143.900 MHz and 148.150 MHz.
\7\ Applicable to operational fixed stations presently authorized in the band 73.0-74.6 MHz.
\8\ The authorized bandwidth is equal to the necessary bandwidth for frequency or digitally modulated
  transmitters used in aeronautical telemetering and associated aeronautical telemetry or telecommand stations
  operating in the 1435-1535 MHz and 2310-2390 MHz bands. The necessary bandwidth must be computed in accordance
  with part 2 of this chapter.
\9\ To be specified on license.
\10\ H2B must be used by stations employing digital selective calling.
\11\ For A1A, F1B and single sideband emissions, except H2B, the assigned frequency must be 1400 Hz above the
  carrier frequency.
\12\ R3E, H3E, and J3E will be authorized only below 25000 kHz. Only H2B, J3E, J7B, and J9W are authorized,
  except that A3E and H3E may be used only on 3023 kHz and 5680 kHz for search and rescue operations.

[[Page 212]]

 
\13\ The letters ``K, L, M, Q, V, W, and X'' may also be used in place of the letter ``P'' for pulsed radars.
\14\ Authorized for use at radiobeacon stations.
\15\ Applicable only to transmitters of survival craft stations, emergency locator transmitter stations and
  emergency locator transmitter test stations approved after October 21, 1973.
\16\ Authorized for use by aircraft earth stations. Lower values of necessary and authorized bandwidth are
  permitted.

    (b) For other emissions, an applicant must determine the emission 
designator by using part 2 of this chapter.
    (c) A license to use radiotelephony includes the use of tone signals 
or signaling devices whose sole function is to establish or maintain 
voice communications.
    (d) Emissions other than, or bandwidths in excess of, those listed 
in paragraph (b) of this section, will be authorized only upon a 
satisfactory showing of need. An application requesting this special 
license must fully describe the emission desired and the required 
bandwidth, and must state the purpose of the proposed operation.

[53 FR 28940, Aug. 1, 1988, as amended at 55 FR 7333, Mar. 1, 1990; 55 
FR 13535, Apr. 11, 1990; 55 FR 28627, July 12, 1990; 56 FR 11518, Mar. 
19, 1991; 57 FR 45749, Oct. 5, 1992; 58 FR 30127, May 26, 1993; 63 FR 
36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 87.137, 
paragraph (a), footnotes 3 and 15 of the table were amended by removing 
the term ``type accepted'' and adding in its place ``approved''; 
footnote 4 was amended by removing the term ``type acceptance'' and 
adding in its place ``approval'', effective Oct. 5, 1998.



Sec. 87.139  Emission limitations.

    (a) Except for ELTs and when using single sideband (R3E, H3E, J3E), 
or frequency modulation (F9) or digital modulation (F9Y) for telemetry 
or telecommand in the frequency bands 1435-1535 MHz and 2310-2390 MHz, 
the mean power of any emissions must be attenuated below the mean power 
of the transmitters (pY) as follows:
    (1) When the frequency is removed from the assigned frequency by 
more than 50 percent up to and including 100 percent of the authorized 
bandwidth the attenuation must be at least 25 dB;
    (2) When the frequency is removed from the assigned frequency by 
more than 100 percent up to and including 250 percent of the authorized 
bandwidth the attenuation must be at least 35 dB.
    (3) When the frequency is removed from the assigned frequency by 
more than 250 percent of the authorized bandwidth the attenuation for 
aircraft station transmitters must be at least 40 dB; and the 
attenuation for aeronautical station transmitters must be at least 43 + 
10 log10 pY dB.
    (b) For aircraft station transmitters and for aeronautical station 
transmitters first installed before February 1, 1983, and using H2B, 
H3E, J3E, J7B or J9W, the mean power of any emissions must be attenuated 
below the mean power of the transmitter (pY) as follows:
    (1) When the frequency is removed from the assigned frequency by 
more than 50 percent up to and including 150 percent of the authorized 
bandwidth of 4.0 kHz, the attenuation must be at least 25 dB.
    (2) When the frequency is removed from the assigned frequency by 
more than 150 percent up to and including 250 percent of the authorized 
bandwidth of 4.0 kHz, the attenuation must be at least 35 dB.
    (3) When the frequency is removed from the assigned frequency by 
more than 250 percent of the authorized bandwidth of 4.0 kHz for 
aircraft station transmitters the attenuation must be at least 40 dB; 
and for aeronautical station transmitters the attenuation must be at 
least 43 + 10 log10 pY dB.
    (c) For aircraft station transmitters first installed after February 
1, 1983, and for aeronautical station transmitters in use after February 
1, 1983, and using H2B, H3E, J3E, J7B or J9W, the peak envelope power of 
any emissions must be attenuated below the peak envelope power of the 
transmitter (pX) as follows:
    (1) When the frequency is removed from the assigned frequency by 
more than 50 percent up to and including 150 percent of the authorized 
bandwidth of 3.0 kHz, the attenuation must be at least 30 dB.
    (2) When the frequency is removed from the assigned frequency by 
more than 150 percent up to and including 250 percent of the authorized 
bandwidth of 3.0 kHz, the attenuation must be at least 38 dB.

[[Page 213]]

    (3) When the frequency is removed from the assigned frequency by 
more than 250 percent of the authorized bandwidth of 3.0 kHz for 
aircraft transmitters the attenuation must be at least 43 dB. For 
aeronautical station transmitters with transmitter power up to and 
including 50 watts the attenuation must be at least 43 + 10 
log10 pX dB and with transmitter power more than 50 watts the 
attenuation must be at least 60 dB.
    (d) Except for telemetry in the 1435-1535 MHz band, when the 
frequency is removed from the assigned frequency by more than 250 
percent of the authorized bandwidth for aircraft stations above 30 MHz 
and all ground stations the attenuation must be at least 43+10 
log10 pY dB.
    (e) When using frequency modulation or digital modulation for 
telemetry or telecommand in the 1435-1535 MHz and 2310-2390 MHz 
frequency bands with an authorized bandwidth equal to or less than 1 MHz 
the emissions must be attenuated as follows:
    (1) On any frequency removed from the assigned frequency by more 
than 100 percent of the authorized bandwidth up to and including 100 
percent plus 0.5 MHz, the attenuation must be at least 60 dB, when 
measured in a 3.0 kHz bandwidth. This signal need not be attenuated more 
than 25 dB below 1 milliwatt.
    (2) On any frequency removed from the assigned frequency by more 
than 100 percent of the authorized bandwidth plus 0.5 MHz, the 
attenuation must be at least 55 + 10 log10 pY dB when 
measured in a 3.0 kHz bandwidth.
    (f) When using frequency modulation or digital modulation for 
telemetry or telecommand in the 1435-1535 MHz or 2310-2390 MHz frequency 
bands with an authorized bandwidth greater than 1 MHz, the emissions 
must be attenuated as follows:
    (1) On any frequency removed from the assigned frequency by more 
than 50 percent of the authorized bandwidth plus 0.5 MHz up to and 
including 50 percent of the authorized bandwidth plus 1.0 MHz, the 
attenuation must be 60 dB, when measured in a 3.0 kHz bandwidth. The 
signal need not be attenuated more than 25 dB below 1 milliwatt.
    (2) On any frequency removed from the assigned frequency by more 
than 50 percent of the authorized bandwidth plus 1.0 MHz, the 
attenuation must be at least 55 + 10 log10 pY dB, when 
measured in a 3.0 kHz bandwidth.
    (g) The requirements of paragraphs (e) and (f) of this section apply 
to transmitters approved after January 1, 1977, and to all transmitters 
first installed after January 1, 1983.
    (h) For ELTs operating on 121.500 MHz, 243.000 MHz and 406.025 MHz 
the mean power of any emission must be attenuated below the mean power 
of the transmitter (pY) as follows:
    (1) When the frequency is moved from the assigned frequency by more 
than 50 percent up to and including 100 percent of the authorized 
bandwidth the attenuation must be at least 25 dB;
    (2) When the frequency is removed from the assigned frequency my 
more than 100 percent of the authorized bandwidth the attenuation must 
be at least 30 dB.
    (i) In case of conflict with other provisions of Sec. 87.139, the 
provisions of this paragraph shall govern for aircraft earth stations. 
When using G1D, G1E, or G1W emissions in the 1646.5-1660.5 MHz frequency 
band, the emissions must be attenuated as shown below.
    (1) At rated output power, while transmitting a modulated single 
carrier, the composite spurious and noise output shall be attenuated 
below the mean power of the transmitter, pY, by at least:

------------------------------------------------------------------------
  Frequency
    (MHz)                        Attenuation (dB) \1\
------------------------------------------------------------------------
.005-1559...  83 or (65+10 log10 pY), whichever is greater.
1559-18000..  55 or (37+10 log10 pY) \2\, whichever is greater.
------------------------------------------------------------------------
\1\ These values are expressed in dB below the carrier referenced to a 4
  kHz bandwidth and relative to the maximum emission envelope level.
\2\ Excluding the frequency band of +/-35 kHz or +/-4.00 x the symbol
  rate (SR), about the carrier frequency, whichever is the greater
  exclusion.

    (2) For transmitters rated at 60 watts or less:
    When transmitting two unmodulated carriers, each 3 dB below the 
rated power, the mean power of any intermodulation products must be at 
least 24 dB below the mean power of either carrier.
    (3) The transmitter emission limit is a function of the modulation 
type and

[[Page 214]]

symbol rate (SR). Symbol Rate is expressed in symbols per second.
    (4) While transmitting a single modulated signal at the rated output 
power of the transmitter, the emissions must be attenuated below the 
maximum emission level by at least:

------------------------------------------------------------------------
                                                             Attenuation
            Frequency Offset (normalized to SR)                  (dB)
------------------------------------------------------------------------
+/-0.75 x SR...............................................           0
+/-1.40 x SR...............................................          20
+/-2.80 x SR...............................................          40
+/-4.00 x SR or +/-35 kHz..................................          Fm
Whichever is greater.......................................
------------------------------------------------------------------------

Where:

Fm=55 or (37+10log10 pY), whichever is greater
SR=Symbol Rate
SR=1 x channel rate for BPSK
SR=0.5 x channel rate for QPSK

    The mask shall be defined by drawing straight lines through the 
above points.

[53 FR 28940, Aug. 1, 1988, as amended at 56 FR 11518, Mar. 19, 1991; 57 
FR 45749, Oct. 5, 1992; 58 FR 30127, May 26, 1993; 58 FR 67695, Dec. 22, 
1993; 59 FR 35269, July 11, 1994; 63 FR 36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 87.139, 
paragraph (g) was amended by removing the term ``type accepted'' and 
adding in its place ``approved'', effective Oct. 5, 1998.



Sec. 87.141  Modulation requirements.

    (a) When A3E emission is used, the modulation percentage must not 
exceed 100 percent. This requirement does not apply to emergency locator 
transmitters or survival craft transmitters.
    (b) A double sideband full carrier amplitude modulated 
radiotelephone transmitter with rated carrier power output exceeding 10 
watts must be capable of automatically preventing modulation in excess 
of 100 percent.
    (c) If any licensed radiotelephone transmitter causes harmful 
interference to any authorized radio service because of excessive 
modulation, the Commission will require the use of the transmitter to be 
discontinued until it is rendered capable of automatically preventing 
modulation in excess of 100 percent.
    (d) Single sideband transmitters must be able to operate in the 
following modes:

------------------------------------------------------------------------
                                        Level N(dB) of the carrier with
             Carrier mode                respect to peak envelope power
------------------------------------------------------------------------
Full carrier (H3E)...................  O>N>-6.
Suppressed carrier (J3E).............  Aircraft stations N<-26
                                       Aeronautical stations N<-40.
------------------------------------------------------------------------

    (e) Each frequency modulated transmitter operating in the band 72.0-
76.0 MHz must have a modulation limiter.
    (f) Each frequency modulated transmitter equipped with a modulation 
limiter must have a low pass filter between the modulation limiter and 
the modulated stage. At audio frequencies between 3 kHz and 15 kHz, the 
filter must have an attenuation greater than the attenuation at 1 kHz by 
at least 40 log10 (f/3) db where ``f'' is the frequency in 
kilohertz. Above 15 kHz, the attenuation must be at least 28 db greater 
than the attenuation at 1 kHz.
    (g) Except that symmetric side bands are not required, the 
modulation characteristics for ELTs must be in accordance with 
specifications contained in the Federal Aviation Administration (FAA) 
Technical Standard Order (TSO) Document TSO-C91a titled ``Emergency 
Locator Transmitter (ELT) Equipment'' dated April 29, 1985. TSO-C91a is 
incorporated by reference in accordance with 5 U.S.C. 552(a). TSO-C91a 
may be obtained from the Department of Transportation, Federal Aviation 
Administration, Office of Airworthiness, 800 Independence Avenue SW., 
Washington DC 20591.
    (h) ELTs must use A3X emission and may use A3E or NON emissions on 
an optional basis while transmitting. Each transmission of a synthesized 
or recorded voice message from an ELT must be preceded by the words 
``this is a recording''; transmission of A3E or NON emission must not 
exceed 90 seconds; and any transmission of A3E or NON emissions must be 
followed by at least three minutes of A3X emission.
    (i) ELTs manufactured on or after October 1, 1988, must have a 
clearly defined carrier frequency distinct from the modulation sidebands 
for the mandatory emission, A3X, and, if used, the A3E or NON emissions. 
On 121.500 MHz at least thirty per cent of the total power emitted 
during any transmission cycle with or without modulation must be 
contained within plus or minus 30

[[Page 215]]

Hz of the carrier frequency. On 243.000 MHz at least thirty percent of 
the total power emitted during any transmission cycle with or without 
modulation must be contained within plus or minus 60 Hz of the carrier 
frequency. Additionally, if the type of emission is changed during 
transmission, the carrier frequency must not shift more than plus or 
minus 30 Hz on 121.500 MHz and not more than plus or minus 60Hz on 
243.000 MHz. The long term stability of the carrier frequency must 
comply with the requirements in Sec. 87.133 of this part.
    (j) Transmitters used at Aircraft earth stations must employ BPSK 
for transmission rates up to and including 2400 bits per second, and 
QPSK for higher rates.

[53 FR 28940, Aug. 1, 1988, as amended at 54 FR 11721, Mar. 22, 1989; 56 
FR 11518, Mar. 19, 1991; 57 FR 45749, Oct. 5, 1992]



Sec. 87.143  Transmitter control requirements.

    (a) Each transmitter must be installed so that it is not accessible 
to, or capable of being operated by persons other than those authorized 
by the licensee.
    (b) Each station must be provided with a control point at the 
location of the transmitting equipment, unless otherwise specifically 
authorized. Except for aeronautical enroute stations governed by 
paragraph (e) of this section, a control point is the location at which 
the radio operator is stationed. It is the position at which the 
transmitter(s) can immediately be turned off.
    (c) Applicants for additional control points at aeronautical 
advisory (unicom) stations must specify the location of each proposed 
control point.
    (d) Except for aeronautical enroute stations governed by paragraph 
(f) of this section, the control point must have the following 
facilities installed:
    (1) A device that indicates when the transmitter is radiating or 
when the transmitter control circuits have been switched on. This 
requirement does not apply to aircraft stations;
    (2) Aurally monitoring of all transmissions originating at dispatch 
points;
    (3) A way to disconnect dispatch points from the transmitter; and
    (4) A way to turn off the transmitter.
    (e) A dispatch point is an operating position subordinate to the 
control point. Dispatch points may be installed without authorization 
from the Commission, and dispatch point operators are not required to be 
licensed.
    (f) In the aeronautical enroute service, the control point for an 
automatically controlled enroute station is the computer facility which 
controls the transmitter. Any computer controlled transmitter must be 
equipped to automatically shut down after 3 minutes of continuous 
transmission of an unmodulated carrier.



Sec. 87.145  Acceptability of transmitters for licensing.

    (a) Each transmitter must be certificated for use in these services, 
except as listed in paragraph (c) of this section. However, aircraft 
stations which transmit on maritime mobile frequencies must use 
transmitters certificated for use in ship stations in accordance with 
part 80 of this chapter. Certification under part 80 is not required for 
aircraft earth stations transmitting on maritime mobile-satellite 
frequencies. Such stations must be certificated under part 87.
    (b) Some radio equipment installed on air carrier aircraft must meet 
the requirements of the Commission and the requirements of the FAA. The 
FAA requirements may be obtained from the FAA, Aircraft Maintenance 
Division, 800 Independence Ave., SW., Washington, DC 20591.
    (c) The equipment listed below is exempted from certification. The 
operation of transmitters which have not been certificated must not 
result in harmful interference due to the failure of those transmitters 
to comply with technical standards of this subpart.
    (1) Development or Civil Air Patrol transmitters.
    (2) Flight test station transmitters for limited periods where 
justified.
    (3) U.S. Government transmitters furnished in the performance of a 
U.S. Government contract if the use of certificated equipment would 
increase the cost of the contract or if the transmitter will be 
incorporated in the finished product. However, such equipment

[[Page 216]]

must meet the technical standards contained in this subpart.
    (4) ELTs verified in accordance with Sec. 87.147(e).
    (5) Signal generators when used as radionavigation land test 
stations (MTF).
    (d) Aircraft earth stations must correct their transmit frequencies 
for Doppler effect relative to the satellite. The transmitted signal may 
not deviate more than 335 Hz from the desired transmit frequency. (This 
is a root sum square error which assumes zero error for the received 
ground earth station signal and includes the AES transmit/receive 
frequency reference error and the AES automatic frequency control 
residual errors.) The applicant must attest that the equipment provides 
adequate Doppler effect compensation and where applicable, that 
measurements have been made that demonstrate compliance. Submission of 
data demonstrating compliance is not required unless requested by the 
Commission.

[63 FR 36607, July 7, 1998]

    Effective Date Note:  At 63 FR 36607, July 7, 1998, Sec. 87.145 was 
revised, effective Oct. 5, 1998. For the convenience of the user, the 
superseded text is set forth as follows:

Sec. 87.145  Acceptability of transmitters for licensing.

    (a) The Commission publishes a list of type approved and type 
accepted equipment entitled ``Radio Equipment List--Equipment Acceptable 
for Licensing.'' Copies of this list are available for inspection at any 
of the Commission's offices.
    (b) Each transmitter must be type accepted for use in these 
services, except as listed in paragraph (d) of this section. However, 
aircraft stations which transmit on maritime mobile frequencies must use 
transmitters type accepted for use in ship stations in accordance with 
part 80 of this chapter. Type acceptance under part 80 is not required 
for aircraft earth stations transmitting on maritime mobile-satellite 
frequencies. Such stations must be type accepted under part 87.
    (c) Some radio equipment installed on air carrier aircraft must meet 
the requirements of the Commission and the requirements of the FAA. The 
FAA requirements may be obtained from the FAA, Aircraft Maintenance 
Division, 800 Independence Ave., SW., Washington, DC 20591.
    (d) The equipment listed below is exempted from type acceptance. The 
operation of transmitters which have not been type accepted must not 
result in harmful interference due to the failure of those transmitters 
to comply with technical standards of this subpart.
    (1) Development or Civil Air Patrol transmitters.
    (2) Flight test station transmitters for limited periods where 
justified.
    (3) U.S. Government transmitters furnished in the performance of a 
U.S. Government contract if the use of type accepted equipment would 
increase the cost of the contract or if the transmitter will be 
incorporated in the finished product. However, such equipment must meet 
the technical standards contained in this subpart.
    (4) ELTs notified in accordance with Sec. 87.147(e).
    (5) Signal generators when used as radionavigation land test 
stations (MTF).
    (e) Aircraft earth stations must correct their transmit frequencies 
for Doppler effect relative to the satellite. The transmitted signal may 
not deviate more than 335 Hz from the desired transmit frequency. (This 
is a root sum square error which assumes zero error for the received 
ground earth station signal and includes the AES transmit/receive 
frequency reference error and the AES automatic frequency control 
residual errors.) The applicant must attest that the equipment provides 
adequate Doppler effect compensation and where applicable, that 
measurements have been made that demonstrate compliance. Submission of 
data demonstrating compliance is not required unless requested by the 
Commission.

[53 FR 28940, Aug. 1, 1988, as amended at 57 FR 45750, Oct. 5, 1992; 58 
FR 30127, May 26, 1993; 58 FR 67695, Dec. 22, 1993]



Sec. 87.147  Authorization of equipment.

    (a) Certification may be requested by following the procedures in 
part 2 of this chapter. Aircraft transmitters must meet the requirements 
over an ambient temperature range of -20 degrees to +50 degrees Celsius.
    (b) ELTs manufactured after October 1, 1988, must meet the output 
power characteristics contained in Sec. 87.141(i) when tested in 
accordance with the Signal Enhancement Test contained in subpart N, part 
2 of this chapter. A report of the measurements must be submitted with 
each application for certification. ELTs that meet the output power 
characteristics of the section must have a permanent label prominently 
displayed on the outer casing state, ``Meets FCC Rule for improved 
satellite detection.'' This label, however, must not be placed on the 
equipment without authorization to do so by the Commission. Application 
for such

[[Page 217]]

authorization may be made either by submission of a new application for 
certification accompanied by the required fee and all information and 
test data required by parts 2 and 87 of this chapter or, for ELTs 
approved prior to October 1, 1988, a letter requesting such 
authorization, including appropriate test data and a showing that all 
units produced under the original equipment authorization comply with 
the requirements of this paragraph without change to the original 
circuitry.
    (c) An applicant for a station license may request certification for 
an individual transmitter by following the procedure in part 2 of this 
chapter. Such a transmitter will be individually certified and so noted 
on the station license.
    (d) An applicant for certification of equipment intended for 
transmission in any of the frequency bands listed in paragraph (d)(3) of 
this section must notify the FAA of the filing of a certification 
application. The letter of notification must be mailed to: FAA, Spectrum 
Engineering Division, 800 Independence Ave. SW., Washington, DC 20591 no 
later than the date of filing of the application with the Commission.
    (1) The notification must describe the equipment, give the 
manufacturer's identification, antenna characteristics, rated output 
power, emission type and characteristics, the frequency or frequencies 
of operation, and essential receiver characteristics if protection is 
required.
    (2) The certification application must include a copy of the 
notification letter to the FAA. The Commission will not act for 21 days 
after receipt of the application to afford the FAA an opportunity to 
comment. If the FAA objects to the application for equipment 
authorization, it should mail its objection with a showing that the 
equipment is incompatible with the National Airspace System to: Office 
of Engineering and Technology Laboratory, Authorization and Evaluation 
Division, 7435 Oakland Mills Rd., Columbia, MD 21046. If the Commission 
receives such an objection, the Commission will consider the FAA showing 
before taking final action on the application.
    (3) The frequency bands are as follows:

74.800 MHz to 75.200 MHz
108.000 MHz to 137.000 MHz
328.600 MHz to 335.400 MHz
960.000 MHz to 1215.000 MHz
1559.000 to 1626.500 MHz
1646.500 MHz to 1660.500 MHz
5000.000 MHz to 5250.000 MHz
14.000 GHz to 14.400 GHz
15.400 GHz to 15.700 GHz
24.250 GHz to 25.250 GHz
31.800 GHz to 33.400 GHz

    (e) Verification reports for ELTs capable of operating on the 
frequency 406.025 MHz must include sufficient documentation to show that 
the ELT meets the requirements of Sec. 87.199(a). A letter notifying the 
FAA of the ELT verification must be mailed to: FAA, Spectrum Engineering 
Division, 800 Independence Avenue SW., Washington, DC 20591.

[53 FR 28940, Aug. 1, 1988, as amended at 54 FR 11721, Mar. 22, 1989; 56 
FR 11518, Mar. 19, 1991; 57 FR 45750, Oct. 5, 1992; 58 FR 30127, May 26, 
1993; 58 FR 67696, Dec. 22, 1993; 63 FR 36608, July 7, 1998]

    Effective Date Note:  At 63 FR 36608, July 7, 1998, Sec. 87.147 was 
amended by revising paragraphs (a), (b), (c), (d) introductory text, 
(d)(2), and (e), effective Oct. 5, 1998. For the convenience of the 
user, the superseded text is set forth as follows:

Sec. 87.147  Authorization of equipment.

    (a) Type acceptance or notification may be requested by following 
the type acceptance or notification procedures in part 2 of this 
chapter. Aircraft transmitters must meet the requirements over an 
ambient temperature range of -20 degreess to +50 degrees Celsius.
    (b) ELTs manufactured after October 1, 1988, must meet the output 
power characteristics contained in Sec. 87.141(i) when tested in 
accordance with the Signal Enhancement Test contained in subpart N, part 
2 of this chapter. A report of the measurements must be submitted with 
each application for type acceptance. ELTs that meet the output power 
characteristics of the section must have a permanent label prominently 
displayed on the outer casing state, ``Meets FCC Rule for improved 
satellite detection.'' This label, however, must not be placed on the 
equipment without authorization to do so by the Commission. Application 
for such authorization may be made either by submission of a new 
application for type acceptance accompanied by the required fee and all 
information and test data required by parts 2 and 87 of this chapter or, 
for ELTs type accepted prior to October 1, 1988, a letter requesting 
such authorization, including appropriate test data and a showing that 
all

[[Page 218]]

units produced under the original type acceptance authorization comply 
with the requirements of this paragraph without change to the original 
circuitry.
    (c) An applicant for a station license may request type acceptance 
for an individual transmitter by following the type acceptance procedure 
in part 2 of this chapter. Such a transmitter will be individually type 
accepted and so noted on the station license, but will not generally be 
included in the Commission's ``Radio Equipment List--Equipment 
Acceptable for Licensing''.
    (d) An applicant for type acceptance of equipment intended for 
transmission in any of the frequency bands listed in paragraph (d)(3) of 
this section must notify the FAA of the filing of a type acceptance 
application. The letter of notification must be mailed to: FAA, Spectrum 
Engineering Division, 800 Independence Ave. SW., Washington, DC 20591 no 
later than the date of filing of the application with the Commission.

                                * * * * *

    (2) The type acceptance application must include a copy of the 
notification letter to the FAA. The Commission will not act for 21 days 
after receipt of the application to afford the FAA an opportunity to 
comment. If the FAA objects to the application for equipment 
authorization, it should mail its objection with a showing that the 
equipment is incompatible with the National Airspace System to: Office 
of Engineering and Technology--Laurel Laboratory, Authorization and 
Evaluation Division, 7435 Oakland Mills Rd., Columbia, MD 21046. If the 
Commission receives such an objection, the Commission will consider the 
FAA showing before taking final action on the application.

                                * * * * *

    (e) Application for notification of ELTs capable of operating on the 
frequency 406.025 MHz must include sufficient documentation to show that 
the ELT meets the requirements of Sec. 87.199(a). A letter notifying the 
FAA of the filing of an application for a grant of notification must be 
mailed to: FAA, Spectrum Engineering Division, 800 Independence Avenue 
SW., Washington, DC 20591 no later than the date of filing of the 
application with the Commission.



Sec. 87.149  Special requirements for automatic link establishment (ALE).

    Brief signalling for the purposes of measuring the quality of a 
radio channel and thereafter establishing communication shall be 
permitted within the 2 MHz-30 MHz band. Public coast stations licensed 
under part 80 of this chapter providing high seas service are authorized 
by rule to use such signalling under the following conditions:
    (a) The transmitter power shall not exceed 100 W ERP;
    (b) Transmissions must sweep linearly in frequency at a rate of at 
least 60 kHz per second, occupying any 3 kHz bandwidth for less than 50 
milliseconds;
    (c) The transmitter shall scan the band no more than four times per 
hour;
    (d) Transmissions within 6 kHz of the following protected 
frequencies and frequency bands must not exceed 10 W peak ERP:
    (1) Protected frequencies (kHz)

  2091.0       4188.0         6312.0         12290.0        16420.0
  2174.5       4207.5         8257.0         12392.0        16522.0
  2182.0       5000.0         8291.0         12520.0        16695.0
  2187.5       5167.5         8357.5         12563.0        16750.0
  2500.0       5680.0         8364.0         12577.0        16804.5
  3023.0       6215.0         8375.0         15000.0        20000.0
  4000.0       6268.0         8414.5         16000.0        25000.0
  4177.5       6282.0         10000.0
 

    (2) Protected bands (kHz)

4125.0-4128.0
8376.25-8386.75
13360.0-13410.0
25500.0-25670.0

    (e) The instantaneous signal, which refers to the peak power that 
would be measured with the frequency sweep stopped, along with spurious 
emissions generated from the sweeping signal, must be attenuated below 
the peak carrier power (in watts) as follows:
    (1) On any frequency more than 5 Hz from the instantaneous carrier 
frequency, at least 3 dB;
    (2) On any frequency more than 250 Hz from the instantaneous carrier 
frequency, at least 40 dB; and
    (3) On any frequency more than 7.5 kHz from the instantaneous 
carrier frequency, at least 43 + 10log10 (peak power in 
watts) db.

[62 FR 40308, July 28, 1997]



                         Subpart E--Frequencies



Sec. 87.169  Scope.

    This subpart contains class of station symbols and a frequency table 
which lists assignable frequencies. Frequencies in the Aviation Services 
will transmit communications for the safe, expeditious, and economic 
operation of

[[Page 219]]

aircraft and the protection of life and property in the air. Each class 
of land station and Civil Air Patrol station may communicate in 
accordance with the particular sections of this part which govern these 
classes. Land stations in the Aviation Services in Alaska may transmit 
messages concerning sickness, death, weather, ice conditions or other 
matters relating to safety of life and property if there is no other 
established means of communications between the points in question and 
no charge is made for the communications service.



Sec. 87.171  Class of station symbols.

    The two or three letter symbols for the classes of station in the 
aviation services are:

                       Symbol and class of station

AX--Aeronautical fixed
AXO--Aeronautical operational fixed
FA--Aeronautical land (unspecified)
FAU--Aeronautical advisory (unicom)
FAC--Airport control tower
FAE--Aeronautical enroute
FAM--Aeronautical multicom
FAP--Civil Air Patrol
FAR--Aeronautical search and rescue
FAS--Aviation support
FAT--Flight test
FAW--Automatic weather observation
MA--Aircraft (Air carrier and Private)
MA1--Air carrier aircraft only
MA2--Private aircraft only
MOU--Aeronautical utility mobile
MRT--ELT test
RL--Radionavigation land (unspecified)
RLA--Marker beacon
RLB--Radiobeacon
RLG--Glide path
RLL--Localizer
RLO--VHF omni-range
RLS--Surveillance radar
RLT--Radionavigation land test
RLW--Microwave landing system
TJ--Aircraft earth station in the Aeronautical Mobile-Satellite Service

[53 FR 28940, Aug. 1, 1988, as amended at 57 FR 45750, Oct. 5, 1992]



Sec. 87.173  Frequencies.

    (a) The table in paragraph (b) of this section lists assignable 
carrier frequencies or frequency bands.
    (1) The single letter symbol appearing in the ``Subpart'' column 
indicates the subpart of this part which contains additional applicable 
regulations.
    (2) The two or three letter symbol appearing in the ``Class of 
Station'' column indicates the class of station to which the frequency 
is assignable.
    (b) Frequency table:

----------------------------------------------------------------------------------------------------------------
     Frequency or frequency band               Subpart             Class of station              Remarks
----------------------------------------------------------------------------------------------------------------
90-110 kHz...........................  Q                       RL                        LORAN``C''.
190-285 kHz..........................  Q                       RLB                       Radiobeacons.
200-285 kHz..........................  O                       FAC                       Air traffic control.
325-405 kHz..........................  O                       FAC                       Air traffic control.
325-435 kHz..........................  Q                       RLB                       Radiobeacons.
410.0 kHz............................  F                       MA                        International direction-
                                                                                          finding for use
                                                                                          outside of U.S.
457.0 kHz............................  F                       MA                        Working frequency for
                                                                                          aircraft on over water
                                                                                          flights.
500.0 kHz............................  F                       MA                        International calling
                                                                                          and distress frequency
                                                                                          for ships and aircraft
                                                                                          on over water flights.
510.525 kHz..........................  Q                       RLB                       Radiobeacons.
2182.0 kHz...........................  F                       MA                        International distress
                                                                                          and calling.
2371.0 kHz...........................  R                       MA, FAP                   Civil Air Patrol.
2374.0 kHz...........................  R                       MA, FAP                   Civil Air Patrol.
2648.0 kHz...........................  I                       AX                        Alaska station.
2851.0 kHz...........................  I, J                    MA, FAE, FAT              International HF (AFI);
                                                                                          Flight test.
2854.0 kHz...........................  I                       MA, FAE                   International HF (SAT).
2866.0 kHz...........................  I                       MA, FAE                   Domestic HF (Alaska).
2869.0 kHz...........................  I                       MA, FAE                   International HF (CEP).
2872.0 kHz...........................  I                       MA, FAE                   International HF (NAT).
2875.0 kHz...........................  I                       MA, FAE                   Domestic HF.
2878.0 kHz...........................  I                       MA1, FAE                  Domestic HF;
                                                                                          International HF
                                                                                          (AFI).
2887.0 kHz...........................  I                       MA, FAE                   International HF (CAR).
2899.0 kHz...........................  I                       MA, FAE                   International HF (NAT).
2911.0 kHz...........................  I                       MA, FAE                   Domestic HF.
2932.0 kHz...........................  I                       MA, FAE                   International HF (NP).
2935.0 kHz...........................  I                       MA, FAE                   International HF (SAT).
2944.0 kHz...........................  I                       MA, FAE                   International HF (SAM
                                                                                          and MID).
2956.0 kHz...........................  I                       MA, FAE                   Domestic HF.
2962.0 kHz...........................  I                       MA, FAE                   International HF (NAT).
2971.0 kHz...........................  I                       MA, FAE                   International HF (NAT).
2992.0 kHz...........................  I                       MA, FAE                   International HF (MID).
2998.0 kHz...........................  I                       MA, FAE                   International HF (CWP).

[[Page 220]]

 
3004.0 kHz...........................  I, J                    MA, FAE, FAT              International HF (NCA);
                                                                                          Flight test.
3013.0 kHz...........................  I                       MA, FAE                   Long distance
                                                                                          operational control.
3016.0 kHz...........................  I                       MA, FAE                   International HF (EA,
                                                                                          NAT).
3019.0 kHz...........................  I                       MA1, FAE                  Domestic HF;
                                                                                          International HF (
                                                                                          (NCA).
3023.0 kHz...........................  F, M, O                 MA1, FAR, FAC             Search and rescue
                                                                                          communications.
3281.0 kHz...........................  K                       MA, FAS                   Lighter-than-air craft
                                                                                          and aeronautical
                                                                                          stations serving
                                                                                          lighter-than-air
                                                                                          craft.
3413.0 kHz...........................  I                        MA, FAE                  International HF (CEP).
3419.0 kHz...........................  I                       MA, FAE                   International HF (AFI).
3425.0 kHz...........................  I                       MA, FAE                   International HF (AFI).
3434.0 kHz...........................  I                       MA1, FAE                  Domestic HF.
3443.0 kHz...........................  J                       MA, FAT
3449.0 kHz...........................  I                       MA, FAE                   Domestic HF.
3452.0 kHz...........................  I                       MA, FAE                   International HF (SAT).
3455.0 kHz...........................  I                       MA, FAE                   International HF (CAR,
                                                                                          CWP).
3467.0 kHz...........................  I                       MA, FAE                   International HF (AFI,
                                                                                          MID, SP).
3470.0 kHz...........................  I                       MA, FAE                   Domestic HF and
                                                                                          International HF
                                                                                          (SEA).
3473.0 kHz...........................  I                       MA, FAE                   International HF (MID).
3476.0 kHz...........................  I                       MA, FAE                   International HF (INO,
                                                                                          NAT).
3479.0 kHz...........................  I                       MA, FAE                   International HF (EUR,
                                                                                          SAM).
3485.0 kHz...........................  I                       MA, FAE                   International HF (EA,
                                                                                          SEA).
3491.0 kHz...........................  I                       MA, FAE                   International HF (EA).
3494.0 kHz...........................  I                       MA, FAE                   Long distance
                                                                                          operational control.
4125.0 kHz...........................  F                       MA                        Distress and safety
                                                                                          with ships and coast
                                                                                          stations.
4466.0 kHz...........................  R                       MA, FAP                   Civil Air Patrol.
4469.0 kHz...........................  R                       MA, FAP                   Civil Air Patrol.
4506.0 kHz...........................  R                       MA, FAP                   Civil Air Patrol.
4509.0 kHz...........................  R                       MA, FAP                   Civil Air Patrol.
4550.0 kHz...........................  I                       AX                        Gulf of Mexico.
4582.0 kHz...........................  R                       MA, FAP                   Civil Air Patrol.
4585.0 kHz...........................  R                       MA, FAP                   Civil Air Patrol.
4601.0 kHz...........................  R                       MA, FAP                   Civil Air Patrol.
4604.0 kHz...........................  R                       MA, FAP                   Civil Air Patrol.
4627.0 kHz...........................  R                       MA, FAP                   Civil Air Patrol.
4630.0 kHz...........................  R                       MA, FAP                   Civil Air Patrol.
4645.0 kHz...........................  I                       AX                        Alaska.
4657.0 kHz...........................  I                       MA, FAE                   International HF (AFI,
                                                                                          CEP).
4666.0 kHz...........................  I                       MA, FAE                   International HF (CWP).
4669.0 kHz...........................  I                       MA, FAE                   International HF (MID,
                                                                                          SAM).
4672.0 kHz...........................  I                       MA1, FAE                  Domestic HF.
4675.0 kHz...........................  I                       MA, FAE                   International HF (NAT).
4678.0 kHz...........................  I                       MA, FAE                   International HF (NCA).
4947.5 kHz...........................  I                       AX                        Alaska.
5036.0 kHz...........................  I                       AX                        Gulf of Mexico.
5122.5 kHz...........................  I                       AX                        Alaska.
5167.5 kHz...........................  I                       FA                        Alaska emergency.
5310.0 kHz...........................  I                       AX                        Alaska.
5451.0 kHz...........................  J                       MA, FAT
5463.0 kHz...........................  I                       MA1, FAE                  Domestic HF.
5469.0 kHz...........................  J                       MA, FAT
5427.0 kHz...........................  I                       MA, FAE                   Domestic HF.
5484.0 kHz...........................  I                       MA, FAE                   Domestic HF.
5490.0 kHz...........................  I                       MA, FAE                   Domestic HF.
5493.0 kHz...........................  I                       MA, FAE                   International HF (AFI).
5496.0 kHz...........................  I                       MA, FAE                   Domestic HF.
5508.0 kHz...........................  I                       MA1, FAE                  Domestic HF.
5520.0 kHz...........................  I                       MA, FAE                   International HF (CAR).
5526.0 kHz...........................  I                       MA, FAE                   International HF (SAM).
5529.0 kHz...........................  I                       MA, FAE                   Long distance
                                                                                          operational control.
5538.0 kHz...........................  I                       MA, FAE                   Long distance
                                                                                          operational control.
5547.0 kHz...........................  I                       MA, FAE                   International HF (CEP).
5550.0 kHz...........................  I                       MA, FAE                   International HF (CAR).
5559.0 kHz...........................  I                       MA, FAE                   International HF (SP).
5565.0 kHz...........................  I                       MA, FAE                   International HF (SAT).
5571.0 kHz...........................  J                       MA, FAT                   .......................
5574.0 kHz...........................  I                       MA, FAE                   International HF (CEP).
5598.0 kHz...........................  I                       MA, FAE                   International HF (NAT).
5616.0 kHz...........................  I                       MA, FAE                   International HF (NAT).
5628.0 kHz...........................  I                       MA, FAE                   International HF (NP).
5631.0 kHz...........................  I                       MA, FAE                   Domestic HF.
5634.0 kHz...........................  I                       MA, FAE                   International HF (INO).
5643.0 kHz...........................  I                       MA, FAE                   International HF (SP).
5646.0 kHz...........................  I                       MA, FAE                   International HF (NCA).
5649.0 kHz...........................  I                       MA, FAE                   International HF (NAT,
                                                                                          SEA).

[[Page 221]]

 
5652.0 kHz...........................  I                       MA, FAE                   International HF (AFI,
                                                                                          CWP).
5655.0 kHz...........................  I                       MA, FAE                   International HF (EA,
                                                                                          SEA).
5658.0 kHz...........................  I                       MA, FAE                   International HF (AFI,
                                                                                          MID).
5661.0 kHz...........................  I                       MA, FAE                   International HF (CWP,
                                                                                          EUR).
5664.0 kHz...........................  I                       MA, FAE                   International HF (NCA).
5667.0 kHz...........................  I                       MA, FAE                   International HF (MID).
5670.0 kHz...........................  I                       MA, FAE                   International HF (EA).
5680.0 kHz...........................  F, M, O                 MA1, FAC, FAR             Search and rescue
                                                                                          communications.
5887.5 kHz...........................  I                       AX                        Alaska.
6532.0 kHz...........................  I                       MA, FAE                   International HF (CWP).
6535.0 kHz...........................  I                       MA, FAE                   International HF (SAT).
6550.0 kHz...........................  J                       MA, FAT
6556.0 kHz...........................  I                       MA, FAE                   International HF (SEA).
6559.0 kHz...........................  I                       MA, FAE                   International HF (AFI).
6562.0 kHz...........................  I                       MA, FAE                   International HF (CWP).
6571.0 kHz...........................  I                       MA, FAE                   International HF (EA).
6574.0 kHz...........................  I                       MA, FAE                   International HF (AFI).
6577.0 kHz...........................  I                       MA, FAE                   International HF (CAR).
6580.0 kHz...........................  I                       MA, FAE                   Domestic HF.
6586.0 kHz...........................  I                       MA, FAE                   International HF (CAR).
6592.0 kHz...........................  I                       MA, FAE                   International HF (NCA).
6598.0 kHz...........................  I                       MA, FAE                   International HF (EUR).
6604.0 kHz...........................  I                       MA, FAE                   Domestic HF.
6622.0 kHz...........................  I                       MA, FAE                   International HF (NAT).
6625.0 kHz...........................  I                       MA, FAE                   International HF (MID).
6628.0 kHz...........................  I                       MA, FAE                   International HF (NAT).
6631.0 kHz...........................  I                       MA, FAE                   International HF (MID).
6637.0 kHz...........................  I                       MA, FAE                   Long distance
                                                                                          operational control.
6640.0 kHz...........................  I                       MA, FAE                   Long distance
                                                                                          operational control.
6649.0 kHz...........................  I                       MA, FAE                   International HF (SAM).
6655.0 kHz...........................  I                       MA, FAE                   International HF (NP).
6661.0 kHz...........................  I                       MA, FAE                   International HF (NP).
6673.0 kHz...........................  I                       MA, FAE                   International HF (AFI,
                                                                                          CEP).
8015.0 kHz...........................  I                       AX                        Alaska.
8364.0 kHz...........................  F                       MA,                       Search and rescue
                                                                                          communications.
8822.0 kHz...........................  J                       MA, FAT
8825.0 kHz...........................  I                       MA, FAE                   International HF (NAT).
8831.0 kHz...........................  I                       MA, FAE                   International HF (NAT).
8843.0 kHz...........................  I                       MA, FAE                   International HF (CEP).
8846.0 kHz...........................  I                       MA, FAE                   International HF (CAR).
8855.0 kHz...........................  I                       MA, FAE                   Domestic HF;
                                                                                          International HF
                                                                                          (SAM).
8861.0 kHz...........................  I                       MA, FAE                   International HF (SAT).
8864.0 kHz...........................  I                       MA, FAE                   International HF (NAT).
8867.0 kHz...........................  I                       MA, FAE                   International HF (SP).
8876.0 kHz...........................  I                       MA, FAE                   Domestic HF.
8879.0 kHz...........................  I                       MA, FAE                   International HF (INO,
                                                                                          NAT).
8891.0 kHz...........................  I                       MA, FAE                   International HF (NAT).
8894.0 kHz...........................  I                       MA, FAE                   International HF (AFI).
8897.0 kHz...........................  I                       MA, FAE                   International HF (EA).
8903.0 kHz...........................  I                       MA, FAE                   International HF (AFI,
                                                                                          CWP).
8906.0 kHz...........................  I                       MA, FAE                   International HF (NAT).
8918.0 kHz...........................  I                       MA, FAE                   International HF (CAR,
                                                                                          MID).
8933.0 kHz...........................  I                       MA, FAE                   Long distance
                                                                                          operational control.
8942.0 kHz...........................  I                       MA, FAE                   International HF (SEA).
8951.0 kHz...........................  I                       MA, FAE                   International HF (MID).
10018.0 kHz..........................  I                       MA, FAE                   International HF (MID).
10024.0 kHz..........................  I                       MA, FAE                   International HF (SAM).
10033.0 kHz..........................  I                       MA, FAE                   Long distance
                                                                                          operational control.
10042.0 kHz..........................  I                       MA, FAE                   International HF (EA).
10045.0 kHz..........................  J                       MA, FAT
10048.0 kHz..........................  I                       MA, FAE                   International HF (NP).
10057.0 kHz..........................  I                       MA, FAE                   International HF (CEP).
10066.0 kHz..........................  I                       MA, FAE                   Domestic HF;
                                                                                          International HF
                                                                                          (SEA).
10075.0 kHz..........................  I                       MA, FAE                   Long distance
                                                                                          operational control.
10081.0 kHz..........................  I                       MA, FAE                   International HF (CWP).
10084.0 kHz..........................  I                       MA, FAE                   International HF (EUR,
                                                                                          SP).
10096.0 kHz..........................  I                       MA, FAE                   International HF (NCA,
                                                                                          SAM).
11279.0 kHz..........................  I                       MA, FAE                   International HF (NAT).
11282.0 kHz..........................  I                       MA, FAE                   International HF (CEP).
11288.0 kHz..........................  J                       MA, FAT
11291.0 kHz..........................  I                       MA, FAE                   International HF (SAT).
11300.0 kHz..........................  I                       MA, FAE                   International HF (AFI).
11306.0 kHz..........................  J                       MA, FAT
11309.0 kHz..........................  I                       MA, FAE                   International HF (NAT).

[[Page 222]]

 
11327.0 kHz..........................  I                       MA, FAE                   International HF (SP).
11330.0 kHz..........................  I                       MA, FAE                   International HF (AFI,
                                                                                          NP).
11336.0 kHz..........................  I                       MA, FAE                   International HF (NAT).
11342.0 kHz..........................  I                       MA, FAE                   Long distance
                                                                                          operational control.
11348.0 kHz..........................  I                       MA, FAE                   Long distance
                                                                                          operational control.
11357.0 kHz..........................  I                       MA, FAE                   Domestic HF.
11360.0 kHz..........................  I                       MA, FAE                   International HF (SAM).
11363.0 kHz..........................  I                       MA, FAE                   Domestic HF.
11375.0 kHz..........................  I                       MA, FAE                   International HF (MID).
11384.0 kHz..........................  I                       MA, FAE                   International HF (CWP).
11387.0 kHz..........................  I                       MA, FAE                   International HF (CAR).
11396.0 kHz..........................  I                       MA, FAE                   International HF (CAR,
                                                                                          EA, SEA).
13273.0 kHz..........................  I                       MA, FAE                   International HF (AFI).
13288.0 kHz..........................  I                       MA, FAE                   International HF (AFI,
                                                                                          EUR, MID).
13291.0 kHz..........................  I                       MA, FAE                   International HF (NAT).
13294.0 kHz..........................  I                       MA, FAE                   International HF (AFI).
13297.0 kHz..........................  I                       MA, FAE                   International HF (CAR,
                                                                                          EA, SAM).
13300.0 kHz..........................  I                       MA, FAE                   International HF (CEP,
                                                                                          CWP, NP, SP).
13303.0 kHz..........................  I                       MA, FAE                   International HF (EA,
                                                                                          NCA).
13306.0 kHz..........................  I                       MA, FAE                   International HF (INO,
                                                                                          NAT).
13309.0 kHz..........................  I                       MA, FAE                   International HF (EA,
                                                                                          SEA).
13312.0 kHz..........................  I, J                    MA, FAE, FAT              International HF (MID);
                                                                                          Flight test.
13315.0 kHz..........................  I                       MA, FAE                   International HF (NCA,
                                                                                          SAT).
13318.0 kHz..........................  I                       MA, FAE                   International HF (SEA).
13330.0 kHz..........................  I                       MA, FAE                   Long distance
                                                                                          operational control.
13348.0 kHz..........................  I                       MA, FAE                   Long distance
                                                                                          operational control.
13357.0 kHz..........................  I                       MA, FAE                   International HF (SAT).
17904.0 kHz..........................  I                       MA, FAE                   International HF (CEP,
                                                                                          CWP, NP, SP).
17907.0 kHz..........................  I                       MA, FAE                   International HF (CAR,
                                                                                          EA, SAM, SEA).
17925.0 kHz..........................  I                       MA, FAE                   Long distance
                                                                                          operational control.
17946.0 kHz..........................  I                       MA, FAE                   International HF (NAT).
17955.0 kHz..........................  I                       MA, FAE                   International HF (SAT).
17958.0 kHz..........................  I                       MA, FAE                   International HF (NCA).
17961.0 kHz..........................  I                       MA, FAE                   International HF (AFI,
                                                                                          EUR, INO, MID).
17964.0 kHz..........................  J                       MA, FAT
21931.0 kHz..........................  J                       MA, FAT
21964.0 kHz..........................  I                       MA, FAE                   Long distance
                                                                                          operational control.
26618.5 kHz..........................  R                       MA, FAP                   Civil Air Patrol.
26620.0 kHz..........................  R                       MA, FAP                   Civil Air Patrol.
26621.5 kHz..........................  R                       MA, FAP                   Civil Air Patrol.
72.020-75.980 MHz....................  P                       FA, AXO                   Operational fixed; 20
                                                                                          kHz spacing.
75.000 MHz...........................  Q                       RLA                       Marker beacon.
108.000 MHz..........................  Q                       RLT                       .......................
108.000-117.950 MHz..................  Q                       RLO                       VHF omni-range.
108.050 MHz..........................  Q                       RLT                       .......................
108.100-111.950 MHz..................  Q                       RLL                       ILS localizer.
108.100 MHz..........................  Q                       RLT                       .......................
108.150 MHz..........................  Q                       RLT                       .......................
118.000-121.400 MHz..................  O                       MA, FAC, FAW              25 kHz channel spacing.
121.500 MHz..........................  G, H, I, J, K, M, O     MA, FAU, FAE, FAT, FAS,   Emergency and distress.
                                                                FAC, FAM, FAP
121.600-121.925 MHz..................  O, L, Q                 MA, FAC, MOU, RLT         25 kHz channel spacing.
121.950 MHz..........................  K                       FAS                       .......................
121.975 MHz..........................  F                       MA2, FAW                  Air traffic control
                                                                                          operations.
122.000 MHz..........................  F                       MA                        Air carrier and private
                                                                                          aircraft enroute
                                                                                          flight advisory
                                                                                          service provided by
                                                                                          FAA.
122.025 MHz..........................  F                       MA2, FAW                  Air traffic control
                                                                                          operations.
122.050 MHz..........................  F                       MA                        Air traffic control
                                                                                          operations.
122.075 MHz..........................  F                       MA2, FAW                  Air traffic control
                                                                                          operations.
122.100 MHz..........................  F, O                    MA, FAC                   Air traffic control
                                                                                          operations.
122.125-122.675......................  F                       MA2                       Air traffic control
                                                                                          operations; 25 kHz
                                                                                          spacing.
122.700 MHz..........................  G, L                    MA, FAU, MOU              Unicom at airports with
                                                                                          no control tower;
                                                                                          Aeronautical utility
                                                                                          stations.
122.725 MHz..........................  G, L                    MA2, FAU, MOU             Unicom at airports with
                                                                                          no control tower;
                                                                                          Aeronautical utility
                                                                                          stations.
122.750 MHz..........................  F                       MA2                       Private fixed wing
                                                                                          aircraft air-to-air
                                                                                          communications.
122.775 MHz..........................  K                       MA, FAS                   .......................
122.800 MHz..........................  G, L                    MA, FAU, MOU              Unicom at airports with
                                                                                          no control tower;
                                                                                          Aeronautical utility
                                                                                          stations.
122.825 MHz..........................  I                       MA, FAE                   Domestic VHF
122.850 MHz..........................  H, K,                   MA, FAM, FAS              .......................

[[Page 223]]

 
122.875 MHz..........................  I                       MA, FAE                   Domestic VHF
122.900 MHz..........................  F, H, L                 MA, FAR, FAM, MOU         .......................
                                       M
122.925 MHz..........................  H                       MA2, FAM                  .......................
122.950 MHz..........................  G, L                    MA2, FAU, MOU             Unicom at airports with
                                                                                          no control tower;
                                                                                          Aeronautical utility
                                                                                          stations.
122.975 MHz..........................  G, L                    MA2, FAU, MOU             Unicom at airports with
                                                                                          no control tower;
                                                                                          Aeronautical utility
                                                                                          stations.
123.000 MHz..........................  G, L                    MA, FAU, MOU              Unicom at airports with
                                                                                          no control tower;
                                                                                          Aeronautical utility
                                                                                          stations.
123.025 MHz..........................  F                       MA2                       Helicopter air-to-air
                                                                                          communications; Air
                                                                                          traffic control
                                                                                          operations.
123.050 MHz..........................  G, L                    MA2, FAU, MOU             Unicom at airports with
                                                                                          no control tower;
                                                                                          Aeronautical utility
                                                                                          stations.
123.075 MHz..........................  G, L                    MA2, FAU, MOU             Unicom at airports with
                                                                                          no control tower;
                                                                                          Aeronautical utility
                                                                                          stations.
123.100 MHz..........................  M, O                    MA, FAC, FAR              .......................
123.125 MHz..........................  J                       MA, FAT                   Itinerant.
123.150 MHz..........................  J                       MA, FAT                   Itinerant.
123.175 MHz..........................  J                       MA, FAT                   Itinerant.
123.200 MHz..........................  J                       MA, FAT                   .......................
123.225 MHz..........................  J                       MA, FAT                   .......................
123.250 MHz..........................  J                       MA, FAT                   .......................
123.275 MHz..........................  J                       MA, FAT                   .......................
123.300 MHz..........................  K                       MA, FAS                   .......................
123.325 MHz..........................  J                       MA, FAT                   .......................
123.350 MHz..........................  J                       MA, FAT                   .......................
123.375 MHz..........................  J                       MA, FAT                   .......................
123.400 MHz..........................  J                       MA, FAT                   Itinerant.
123.425 MHz..........................  J                       MA, FAT                   .......................
123.450 MHz..........................  J                       MA, FAT                   .......................
123.475 MHz..........................  J                       MA, FAT                   .......................
123.500 MHz..........................  K                       MA, FAS                   .......................
123.525 MHz..........................  J                       MA, FAT                   .......................
123.550 MHz..........................  J                       MA, FAT                   .......................
123.575 MHz..........................  J                       MA, FAT                   Itinerant.
123.6-128.8 MHz......................  O                       MA, FAC, FAW              25 kHz channel spacing.
128.825-132.000 MHz..................  I                       MA, FAE                   Domestic VHF; 25 kHz
                                                                                          channel spacing.
132.025-135.975 MHz..................  O                       MA, FAC, FAW              25 kHz channel spacing.
136.000-136.075 MHz..................  0, S                    MA, FAC, FAW              Air traffic control
                                                                                          operations.
136.100 MHz..........................  ......................  ........................  Reserved for future
                                                                                          unicom or AWOS.
136.125-136.175 MHz..................  0, S                    MA, FAC, FAW              Air traffic control
                                                                                          operations.
136.200 MHz..........................  ......................  ........................  Reserved for future
                                                                                          unicom or AWOS.
136.225-136.250 MHz..................  0, S                    MA, FAC, FAW              Air traffic control
                                                                                          operations.
136.275 MHz..........................  ......................  ........................  Reserved for future
                                                                                          unicom or AWOS.
136.300-136.350 MHz..................  0, S                    MA, FAC, FAW              Air traffic control
                                                                                          operations.
136.375 MHz..........................  ......................  ........................  Reserved for future
                                                                                          unicom or AWOS.
136.400-136.450 MHz..................  0, S                    MA, FAC, FAW              Air traffic control
                                                                                          operations.
136.475 MHz..........................  ......................  ........................  Reserved for future
                                                                                          unicom or AWOS.
136.500-136.600 MHz..................  I                       MA, FAE                   Domestic VHF.
136.625 MHz..........................  I                       MA, FAE                   Domestic VHF.
136.650 MHz..........................  I                       MA, FAE                   Domestic VHF.
136.675 MHz..........................  I                       MA, FAE                   Domestic VHF.
136.700 MHz..........................  I                       MA, FAE                   Domestic VHF.
136.725 MHz..........................  I                       MA, FAE                   Domestic VHF.
136.750 MHz..........................  I                       MA, FAE                   Domestic VHF.
136.775 MHz..........................  I                       MA, FAE                   Domestic VHF.
136.800 MHz..........................  I                       MA, FAE                   Domestic VHF.
136.825 MHz..........................  I                       MA, FAE                   Domestic VHF.
136.850 MHz..........................  I                       MA, FAE                   Domestic VHF.
136.875 MHz..........................  I                       MA, FAE                   Domestic VHF.
136.900 MHz..........................  I                       MA, FAE                   International and
                                                                                          domestic VHF.
136.925 MHz..........................  I                       MA, FAE                   International and
                                                                                          domestic VHF.
136.950 MHz..........................  I                       MA, FAE                   International and
                                                                                          domestic VHF.
136.975 MHz..........................  I                       MA, FAE                   International and
                                                                                          domestic VHF.
143.75 MHz...........................  R                       MA,FAP                    Civil Air Patrol.
143.900 MHz..........................  R                       MA, FAP                   Civil Air Patrol.
148.150 MHz..........................  R                       MA, FAP                   Civil Air Patrol.
156.300 MHz..........................  F                       MA                        For communications with
                                                                                          ship stations under
                                                                                          specific conditions.
156.375 MHz..........................  F                       MA                        For communications with
                                                                                          ship stations under
                                                                                          specific conditions;
                                                                                          Not authorized in New
                                                                                          Oreleans vessel
                                                                                          traffic service area.
156.400 MHz..........................  F                       MA                        For communications with
                                                                                          ship stations under
                                                                                          specific conditions.

[[Page 224]]

 
156.425 MHz..........................  F                       MA                        For communications with
                                                                                          ship stations under
                                                                                          specific conditions.
156.450 MHz..........................  F                       MA                        For communications with
                                                                                          ship stations under
                                                                                          specific conditions.
156.625 MHz..........................  F                       MA                        For communications with
                                                                                          ship stations under
                                                                                          specific conditions.
156.800 MHz..........................  F                       MA                        Distress, safety and
                                                                                          calling frequency; For
                                                                                          communications with
                                                                                          ship stations under
                                                                                          specific conditions.
156.900 MHz..........................  F                       MA                        For communications with
                                                                                          ship stations under
                                                                                          specific conditions.
157.425 MHz..........................  F                       MA                        For communications with
                                                                                          commercial fishing
                                                                                          vessels under specific
                                                                                          conditions except in
                                                                                          Great Lakes and St.
                                                                                          Lawrence Seaway areas.
243.000 MHz..........................  F                       MA                        Emergency and distress
                                                                                          frequency for use of
                                                                                          survival craft and
                                                                                          emergency locator
                                                                                          transmitters.
328.600-335.400 MHz..................  Q                       RLG                       ILS glide path.
334.550 MHz..........................  Q                       RLT                       .......................
334.700 MHz..........................  Q                       RLT                       .......................
406.25 MHz...........................  F, G, H, I, J, K, M, O  MA, FAU, FAE, FAT, FAS,   Emergency and distress.
                                                                FAC, FAM, FAP
960-1215 MHz.........................  F, Q                    MA, RL                    Electronic aids to air
                                                                                          navigation.
978.000 MHz..........................  Q                       RLT                       .......................
979.000 MHz..........................  Q                       RLT                       .......................
1030.000 MHz.........................  Q                       RLT                       .......................
1104.000 MHz.........................  Q                       RLT                       .......................
979.000 MHz..........................  Q                       RLT                       .......................
1300-1350 MHz........................  F, Q                    MA, RLS                   Surveillance radars and
                                                                                          transponders.
1435-1535 MHz........................  F, J                    MA, FAT                   Aeronautical telemetry
                                                                                          and telecommand
                                                                                          operations.
1559-1626.5 MHz......................  F, Q                    MA, RL                    Aeronautical
                                                                                          radionavigation.
1646.5-1660.5 MHz....................  F                       TJ                        Aeronautical Mobile-
                                                                                          Satellite (R).
2310-2390 MHz........................  J                       MA, FAT                   Aeronautical telemetry
                                                                                          and telecommand
                                                                                          operations.
2700-2900 MHz........................  Q                       RLS                       Airport surveillance
                                                                                          and weather radar.
4200-4400 MHz........................  F                       MA                        Radio altimeters.
5000-5250 MHz........................  Q                       MA, RLW                   Microwave landing
                                                                                          system.
5031.000 MHz.........................  Q                       RLT                       .......................
5350-5470 MHz........................  F                       MA                        Airborne radars and
                                                                                          associated airborne
                                                                                          beacons.
8750-8850 MHz........................  F                       MA                        Airborne doppler radar.
9000-9200 MHz........................  Q                       RLS                       Land-based radar.
9300-9500 MHz........................  F, Q                    MA                        Airborne radars and
                                                                                          associated airborne
                                                                                          beacons.
13250-13400 MHz......................  F                       MA                        Airborne doppler radar.
14000-14400 MHz......................  F, Q                    MA, RL                    Aeronautical
                                                                                          radionavigation.
15400-15700 MHz......................  Q                       RL                        Aeronautical
                                                                                          radionavigation.
24250-25250 MHz......................  F, Q                    MA, RL                    Aeronautical
                                                                                          radionavigation.
31800-33400 MHz......................  F, Q                    MA, RL                    Aeronautical
                                                                                          radionavigation.
----------------------------------------------------------------------------------------------------------------

[53 FR 28940, Aug. 1, 1988, as amended at 54 FR 11721, Mar. 22, 1989; 55 
FR 7333, Mar. 1, 1990; 55 FR 28628, July 12, 1990; 56 FR 21083, May 7, 
1991; 56 FR 51656, Oct. 15, 1991; 57 FR 45750, Oct. 5, 1992; 58 FR 
30127, May 26, 1993]



                      Subpart F--Aircraft Stations



Sec. 87.185  Scope of service.

    (a) Aircraft stations must limit their communications to the 
necessities of safe, efficient, and economic operation of aircraft and 
the protection of life and property in the air, except as otherwise 
specifically provided in this part. Contact with an aeronautical land 
station must only be attempted when the aircraft is within the serivce 
area of the land station. however, aircraft stations may transmit 
advisory information on air traffic control, unicom or aeronautical 
multicom frequencies for the benefit and use of other stations 
monitoring these frequencies in accordance with FAA recommended traffic 
advisory practices.
    (b) Aircraft public correspondence service must be made available to 
all persons without discrimination and on reasonable demand, and must 
communicate without discrimination with any public coast station or 
mobile-satellite earth station authorized to provide aircraft public 
correspondence service.
    (c) Aircraft public correspondence service on maritime mobile 
frequencies

[[Page 225]]

may only be carried by aircraft stations licensed to use maritime mobile 
frequencies and must follow the rules for public correspondence in part 
80.
    (d) Aircraft public correspondence service on Aeronautical Mobile-
Satellite (R) Service frequencies may only be carried on aircraft earth 
stations licensed to use Aeronautical Mobile-Satellite (R) frequencies 
and are subject to the rules for public correspondence in this part. 
Aircraft public correspondence service on Maritime Mobile-Satellite 
Service frequencies may only be carried by aircraft earth stations 
licensed to use Maritime Mobile-Satellite frequencies and are subject to 
the rules for public correspondence in part 80.

[53 FR 28940, Aug. 1, 1988, as amended at 57 FR 45750, Oct. 5, 1992]



Sec. 87.187  Frequencies.

    (a) Frequencies used for air-ground Communications are listed in 
subpart E. Aircraft stations may use frequencies assigned to Government 
or non-Government aeronautical stations or radionavigation land stations 
if the communications are within the aeronautical or radionavigation 
land station scope of service.
    (b) 410 kHz is the international direction-finding frequency for use 
outside the continental United States.
    (c) 457 kHz is an authorized working frequency for flights over the 
high seas.
    (d) 500 kHz an international calling and distress frequency for 
aircraft on flights over the high seas. Except for distress, urgency or 
safety messages an aircraft station must not transmit on 500 kHz during 
the silence periods for three minutes twice each hour beginning at x h. 
15 and x h.45 Coordinated Universal Time (u.t.c.).
    (e) The frequency 2182 khz is an international distress and calling 
frequency for use by ship, aircraft and survival craft stations. 
Aircraft stations must use J3E emission when operating on 2182 kHz and 
communicating with domestic public and private coast stations. The 
emission H3E may be used when communicating with foreign coast and ship 
stations.
    (f) The frequencies 3023 kHz, 5680 kHz, 122.900 MHz and 123.100 MHz 
are authorized for use by aircraft engaged in seach and rescue 
activities in accordance with subpart M. These frequencies may be used 
for air-air and air-ground communications.
    (g) The frequency 4125 kHz may be used for distress and safety 
communications between aircraft and ship and coast maritime mobile 
stations.
    (h) The frequency 8364.0 kHz is authorized for use of survival craft 
for search and rescue communications with stations in the maritime 
mobile service.
    (i) The frequencies in the band 121.975-122.675 MHz are authorized 
for use by private aircraft of air traffic control operations.
    (1) The frequencies 122.00 and 122.050 MHz are authorized for use by 
air carrier and private aircraft stations for enroute flight advisory 
service (EFAS) provided by the FAA;
    (2) The frequency 122.100 MHz is authorized for use by air carrier 
aircraft stations for air traffic control operations at locations in 
Alaska where other frequencies are not available for air traffic 
control.
    (j) The frequency 122.750 MHz is authoried for use by private fixed 
wing aircraft for air-air communications. The frequency 123.025 MHz is 
authorized for use by helicopters for air-air Communications.
    (k) The frequencies 121.500 MHz and 243.000 MHz are emergency and 
distress frequences available for use by survival craft stations, 
emergency locator transmitters and equipment used for survival pruposes. 
Use of 121.500 MHz and 243.00 MHz shall be limited to transmission of 
signals and communications for survival purposes. Type A2A, A3E or A3N 
emission may be employed, except in the case of emergency locator 
transmitters where A3E, A3X and NON are permitted.
    (l) The frequencies 156.300, 156.375, 156,400, 156,425, 156.450, 
156.625, 156.800 156.900 and 157.425 MHz may be used by aircraft 
stations to communicate with ship stations in accordance with part 80 
and the following conditions:
    (1) The altitude of aircraft stations must not exceed 300 meters 
(1,000 feet), except for reconnaissance aircraft participating in 
icebreaking operations

[[Page 226]]

where an altitude of 450 meters (1,500 feet) is allowed;
    (2) Aircraft station transmitter power must not exceed five watts;
    (3) The frequency 156.300 MHz may be used for safety purposes only. 
The frequency 156.800 MHz may be used for distress, safety and calling 
purposes only.
    (4) Except in the Great Lakes and along the St. Lawrence Seaway the 
frequency 157.425 MHz is available for communications with commerical 
fishing vessels.
    (5) The frequency 156.375 MHz cannot be used in the New Orleans, LA, 
VTS protection area. No harmful interference shall be caused to the VTS.
    (m) The frequency 406.025 MHz is an emergency and distress frequency 
available for use by emergency locator transmitters. Use of this 
frequency must be limited to transmission of distress and safety 
communications.
    (n) The frequency band 960-1215 MHz is for the use of airborne 
electronic aids to air navigation and directly associated land stations.
    (o) The frequency band 1300-1350 MHz is for surveillance radar 
stations and associated airborne transponders.
    (p) The frequency band 1435-1525 MHz is available on a primary basis 
and the 1525-1535 MHz is available on a secondary basis for telemetry 
and telecommand associated with the flight testing of aircraft, 
missiles, or related major components. This includes launching into 
space, reentry into the earth's atmosphere and incidental orbiting prior 
to reentry. The following frequencies are shared with flight telemetry 
mobile stations: 1444.5, 1453.5, 1501.5, 1515.5, 1524.5 and 1525.5 MHz. 
See Sec. 87.303(d).
    Note: Aeronautical telemetry operations must protect mobile-
satellite operations in the 1525-2535 MHz band and maritime mobile-
satellite operations in the 1530-1535 MHz band.
    (q) The frequencies in the band 1545.000-1559.000 MHz and 1646.500-
1660.500 MHz are authorized for use by the Aeronautical Mobile-Satellite 
(R) Service. The use of the bands 1544.000-1545.000 MHz (space-to-Earth) 
and 1645.500-1646.500 MHz (Earth-to-space) by the Mobile-Satellite 
Service is limited to distress and safety operations. In the frequency 
bands 1549.500-1558.500 MHz and 1651.000-1660.000 MHz, the Aeronautical 
Mobile-Satellite (R) requirements that cannot be accommodated in the 
1545.000-1549.500 MHz, 1558.500-1559.000 MHz, 1646.500-1651.000 MHz, and 
1660.000-1660.500 MHz bands shall have priority access with real-time 
preemptive capability for communications in the Mobile-Satellite 
service. Systems not interoperable with the Aeronautical Mobile-
Satellite (R) Service shall operate on a secondary basis. Account shall 
be taken of the priority of safety-related communications in the Mobile-
Satellite Service.
    (r) The frequency band 1559-1626.5 MHz is available for airborne 
electronic aids to air navigation and any associated land station.
    (s) The frequency band 4200-4400 MHz is reserved exclusively for 
radio altimeters.
    (t) The frequency band 5350-5470 MHz in the aeronautical 
radionavigation service is limited to airborne radars and associated 
airborne beacons.
    (u) The frequency band 8750-8850 MHz is available for use by 
airborne doppler radars in the aeronautical radionavigation service only 
on the condition that they must accept any interference which may be 
experienced from stations in the radiolocation service in the band 8500-
10,000 MHz.
    (v) The frequency band 9300-9500 MHz is limited to airborne radars 
and associated airborne beacons.
    (w) The frequency band 13250-13400 MHz available for airborne 
doppler radar use.
    (x) The frequency bands 14000-14400, 24250-25250, 31800-33400 MHz 
are available for airborne radionavigation devices.
    (y) Brief keyed RF signals (keying the transmitter by momentarily 
depressing the microphone ``push-to-talk'' button) may be transmitted 
from aircraft for the control of airport lights on the following 
frequencies:
    (1) Any air traffic control frequency listed in Sec. 87.421.
    (2) FAA Flight Service Station frequencies 121.975-122.675 MHz.
    (3) The unicom frequencies 122.700, 122.725, 122.800, 122.950, 
122.975, 123.000, 123.050 and 123.075 MHz.
    (4) Aviation support station frequencies listed in Sec. 87.232(b): 
121.950, 123.300 and 123.500 MHz if the frequency

[[Page 227]]

is assigned to a station at the airport and no harmful interference is 
caused to voice communications. If no such station is located at the 
concerned airport, aircraft may use one of the aviation support station 
frequencies for the control of airport lights.
    (5) The frequency 122.9 MHz when it is used as the common traffic 
advisory frequency at the concerned airport.
    (z) Frequencies for public correspondence between ships and public 
coast stations in the maritime mobile service (except frequencies in the 
156-174 MHz band) and coast earth stations in the maritime mobile-
satellite service are available for public correspondence between 
aircraft and public coast stations and coast earth stations, 
respectively. The transmission of public correspondence from aircraft 
must not cause interference to maritime communications.
    (aa) Frequencies in the 454.675-459.975 MHz band are available in 
the Public Mobile Radio Service (part 22) for use on board aircraft for 
communications with land mobile stations which are interconnected to the 
nationwide public telephone system.
    (bb) The frequencies 121.950 MHz, 122.850 MHz and 127.050 \1\ MHz 
are authorized for air-to-air use for aircraft up to and including 3 km 
(10,000 ft) mean sea level in the vicinity of Grand Canyon National Park 
in Arizona within the area bounded by the following coordinates:
---------------------------------------------------------------------------

    \1\ Until further notice this frequency is available for air-to-air 
use as described in the Grand Canyon vicinity. Availability is a result 
of the FAA's assignment of this frequency. If the FAA reassigns this 
frequency the Commission may require air-to-air use to cease.

36-28-00 N. Lat; 112-47-00 W. Long.
36-28-00 N. Lat; 112-48-00 W. Long.
35-50-00 N. Lat; 112-48-00 W. Long.
35-43-00 N. Lat; 112-47-00 W. Long.

    (cc) The frequency 120.650 \1\ MHz is authorized for air-to-air use 
for aircraft up to and including 3 km (10,000 ft) mean sea level within 
the area bounded by the following coordinates:

35-59-45 N. Lat; 114-51-45 W. Long.
36-09-30 N. Lat; 114-50-00 W. Long.
36-09-30 N. Lat; 114-02-55 W. Long.
35-54-45 N. Lat; 113-48-45 W. Long.
35-54-45 N. Lat; 114-41-45 W. Long.

[53 FR 28940, Aug. 1, 1988, as amended at 54 FR 23214, May 31, 1989; 54 
FR 49995, Dec. 4, 1989; 55 FR 7333, Mar. 1, 1990; 56 FR 11518, Mar. 19, 
1991; 56 FR 18525, Apr. 23, 1991; 57 FR 45750, Oct. 5, 1992; 58 FR 
30127, May 26, 1993; 58 FR 44954, Aug. 25, 1993; 58 FR 52021, Oct. 6, 
1993; 60 FR 37829, July 24, 1995; 60 FR 40227, Aug. 7, 1995]



Sec. 87.189  Requirements for public correspondence equipment and operations.

    (a) Transmitters used for public correspondence by aircraft stations 
in the maritime mobile frequency bands must be authorized by the 
Commission in conformity with part 80 of this chapter.
    (b) Transmitters used for public correspondence by aircraft stations 
in the Aeronautical Mobile-Satellite (R) or Maritime Mobile-Satellite 
frequencies must be certificated by the Commission in conformity with 
part 87. Aircraft earth stations that are required to be commissioned to 
use a privately owned satellite system also must meet the provisions of 
Sec. 87.51.
    (c) A continuous watch must be maintained on the frequencies used 
for safety and regularity of flight while public correspondence 
communications are being handled. For aircraft earth stations, this 
requirement is satisfied by compliance with the priority and preemptive 
access requirements of Sec. 87.187(p).
    (d) All communications in the Aeronautical Mobile Service and the 
Aeronautical Mobile-Satellite (R) Service have priority over public 
correspondence.
    (e) Transmission of public correspondence must be suspended when 
such operation will delay or interfere with message pertaining to safety 
of life and property or regularity of flight, or when ordered by the 
captain of the aircraft.

[53 FR 28940, Aug. 1, 1988, as amended at 57 FR 45750, Oct. 5, 1992; 63 
FR 36608, July 7, 1998]

    Effective Date Note:  At 63 FR 36608, July 7, 1998, Sec. 87.189, 
paragraph (b) was amended by removing the term ``type-accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.

[[Page 228]]



Sec. 87.191  Foreign aircraft stations.

    (a) Aircraft of member States of the International Civil Aviation 
Organization may carry and operate radio transmitters in the United 
States airspace only if a license has been issued by the State in which 
the aircraft is registered and the flight crew is provided with a radio 
operator license of the proper class, issued or recognized by the State 
in which the aircraft is registered. The use of radio transmitters in 
the United States airspace must comply with these rules and regulations.
    (b) Notwithstanding paragraph (a) of this section where an agreement 
with a foreign government has been entered into with respect to aircraft 
registered in the United States but operated by an aircraft operator who 
is subject to regulation by that foreign government, the aircraft radio 
station license and aircraft radio operator license may be issued by 
such foreign government.

                     Emergency Locator Transmitters



Sec. 87.193  Scope of service.

    Transmissions by emergency locator transmitters (ELTs) are intended 
to be actuated manually or automatically and operated automatically as 
part of an aircraft or a survival craft station as a locating aid for 
survival purposes.



Sec. 87.195  Frequencies.

    (a) ELTs transmit on the frequency 121.500 MHz, using A3E, A3X or 
NON emission. ELTs that transmit on the frequency 406.025 MHz use G1D 
emission.
    (b) The frequency 243.000 MHz is an emergency and distress frequency 
available for use by survival craft stations, ELTs and equipment used 
for survival purposes which are also equipped to transmit on the 
frequency 121.500 MHz. Use of 243.000 MHz must be limited to 
transmission of signals and communications for survival purposes. In the 
case of ELTs use of A3E, A3X or NON emission is permitted.

[53 FR 28940, Aug. 1, 1988, as amended at 56 FR 11518, Mar. 19, 1991; 58 
FR 30128, May 26, 1993]



Sec. 87.197  ELT test procedures.

    ELT testing must avoid outside radiation. Bench and ground tests 
conducted outside of an RF-shielded enclosure must be conducted with the 
ELT terminated into a dummy load.



Sec. 87.199  Special requirements for 406.025 MHz ELTs.

    (a) Except for the spurious emission limits specified in 
Sec. 87.139(h), 406.025 MHz ELTs must meet all the technical and 
performance standards contained in the Radio Technical Commission for 
Aeronautics document titled ``Minimum Operational Performance Standards 
406 MHz Emergency Locator Transmitters (ELT)'' Document No RTCA/DO-204 
dated September 29, 1989. This RTCA document is incorporated by 
reference in accordance with 5 U.S.C. 552(a), and 1 CFR part 51. Copies 
of the document are available and may be obtained from the Radio 
Technical Commission of Aeronautics, One McPherson Square, 1425 K Street 
NW., Washington, DC, 20005. The document is available for inspection at 
Commission headquarters at 1919 M Street NW., Washington, DC 20554. 
Copies may also be inspected at the Office of the Federal Register, 800 
North Capital Street NW., suite 700, Washington, DC.
    (b) The 406.025 MHz ELT must contain as an integral part a homing 
beacon operating only on 121.500 MHz that meets all the requirements 
described in the RTCA Recommended Standards document described in 
paragraph (a) of this section. The 121.500 MHz homing beacon must have a 
continuous duty cycle that may be interrupted during the transmission of 
the 406.025 MHz signal only.as follows:
    (c) Prior to verification of a 406.025 MHz ELT, the ELT must be 
certified by a test facility recognized by one of the COSPAS/SARSAT 
Partners that the equipment satisfies the design characteristics 
associated with the COSPAS/SARSAT document COSPAS/SARSAT 406 MHz 
Distress Beacon Type Approval Standard (C/S T.007). Additionally, an 
independent test facility must certify that the ELT complies with the 
electrical and environmental standards associated with the RTCA 
Recommended Standards.

[[Page 229]]

    (d) The procedures for verification are contained in subpart J of 
part 2 of this chapter.
    (e) An identification code, issued by the National Oceanic and 
Atmospheric Administration (NOAA), the United States Program Manager for 
the 406.025 MHz COSPAS/SARSAT satellite system, must be programmed in 
each ELT unit to establish a unique identification for each ELT station. 
With each marketable ELT unit the manufacturer or grantee must include a 
postage pre-paid registration card printed with the ELT identification 
code addressed to: NOAA/NESDIS, SARSAT Operations Division, E/SP3, 
Federal Building 4, Washington, DC 20233. The registration card must 
request the owner's name, address, telephone number, type of aircraft, 
alternate emergency contact and include the following statement: 
``WARNING--failure to register this ELT with NOAA before installation 
could result in a monetary forfeiture being issued to the owner.''
    (f) To enhance protection of life and property it is mandatory that 
each 406.025 MHz ELT must be registered with NOAA before installation 
and that information be kept up-to-date. In addition to the 
identification plate or label requirements contained in Secs. 2.925, 
2.926 and 2.1003 of this chapter, each 406.025 MHz ELT must be provided 
on the outside with a clearly discernable permanent plate or label 
containing the following statement: ``The owner of this 406.025 MHz ELT 
must register the NOAA identification code contained on this label with 
the National Oceanic and Atmospheric Administration (NOAA) whose address 
is: NOAA, NOAA/SARSAT Operations Division, E/SP3, Federal Building 4, 
Washington, D.C. 20233.'' Aircraft owners shall advise NOAA in writing 
upon change of aircraft or ELT ownership, or any other change in 
registration information. Fleet operators must notify NOAA upon transfer 
of ELT to another aircraft outside of the owners control, or an other 
change in registration information. NOAA will provide registrants with 
proof of registration and change of registration postcards.
    (g) For 406.025 MHz ELTs whose identification code can be changed 
after manufacture, the identification code shown on the plant or label 
must be easily replaceable using commonly available tools.

[58 FR 30128, May 26, 1993, as amended at 59 FR 35269, July 11, 1994; 63 
FR 36608, July 7, 1998]

    Effective Date Note:  At 63 FR 36608, July 7, 1998, Sec. 87.199 was 
amended by revising paragraphs (c) and (d), effective Oct. 5, 1998. For 
the convenience of the user, the superseded text is set forth as 
follows:

Sec. 87.199  Special requirements for 406.025 MHz ELTs.

                                * * * * *

    (c) Prior to submitting a notification application of a 406.025 MHz 
ELT, the ELT must be certified by a test facility recognized by one of 
the COSPAS/SARSAT Partners that the equipment satisfies the design 
characteristics associated with the COSPAS/SARSAT document COSPAS/SARSAT 
406 MHz Distress Beacon Type Approval Standard (C/S T.007). 
Additionally, an independent test facility must certify that the ELT 
complies with the electrical and environmental standards associated with 
the RTCA Recommended Standards.
    (d) The procedures for obtaining a grant of notification from the 
Commission are contained in subpart J of part 2 of this chapter.

                                * * * * *



           Subpart G--Aeronautical Advisory Stations (Unicoms)



Sec. 87.213  Scope of service.

    (a) An aeronautical advisory station (unicom) must provide service 
to any aircraft station upon request and without discrimination. A 
unicom must provide impartial information concerning available ground 
services.
    (b)(1) Unicom transmissions must be limited to the necessities of 
safe and expeditious operation of aircraft such as condition of runways, 
types of fuel available, wind conditions, weather information, 
dispatching, or other necessary information. At any airport at which a 
control tower, control tower remote communications outlet station (RCO) 
or FAA flight service station is located, unicoms must not transmit 
information pertaining to the conditions

[[Page 230]]

of runways, wind conditions, or weather information during the hours of 
operation of the control tower, RCO or FAA service station.
    (2) On a secondary basis, unicoms may transmit communications which 
pertain to the efficient portal-to-portal transit of an aircraft, such 
as requests for ground transportation, food or lodging.
    (3) Communications between unicoms and air carrier must be limited 
to the necessities of safety of life and property.
    (4) Unicoms may communicate with aeronautical utility stations and 
ground vehicles concerning runway conditions and safety hazards on the 
airport when neither a control tower nor FAA flight service station is 
in operation.
    (c) Unicoms must not be used for air traffic control (ATC) purposes 
other than to relay ATC information between the pilot and air traffic 
controller. Relaying of ATC information is limited to the following:
    (1) Revisions of proposed departure time;
    (2) Takeoff, arrival or flight plan cancellation time;
    (3) ATC clearances, provided a letter of agreement is obtained from 
the FAA by the licensee of the unicom.

[53 FR 28940, Aug. 1, 1988, as amended at 55 FR 30464, July 26, 1990]



Sec. 87.215  Supplemental eligibility.

    (a) A unicom and any associated dispatch or control points must be 
located on the airport to be served.
    (b) Only one unicom will be authorized to operate at an airport 
which does not have a control tower, RCO or FAA flight service station. 
At an airport which has a part-time or full-time control tower, RCO or 
FAA flight service station, the one unicom limitation does not apply and 
the airport operator and all aviation services organizations may be 
licensed to operate a unicom on the assigned frequency.
    (c) At an airport where only one unicom may be licensed, when the 
Commission believes that the unicom has been abandoned or has ceased 
operation, another unicom may be licensed on an interim basis pending 
final determination of the status of the original unicom. An applicant 
for an interim license must notify the present licensee and must comply 
with the notice requirements of paragraph (d) of this section.
    (d) An applicant for a unicom license, renewal or modification of 
frequency assignment at an airport which does not have a control tower, 
RCO or FAA flight service station must notify in writing the owner of 
the airport and all aviation service organizations located at the 
airport. The notice must include the applicant's name and address, the 
name of the airport and a statement that the applicant intends to file 
an application with the Commission for a unicom. The notice must be 
given within the ten days preceding the filing of the application with 
the Commission. Each applicant must submit a statement that either 
notice has been given and include the date of notification, or notice is 
not required because the applicant owns the airport and there are no 
organizations that should be notified.

[53 FR 28940, Aug. 1, 1988, as amended at 55 FR 30464, July 26, 1990]



Sec. 87.217  Frequencies.

    (a) Only one unicom frequency will be assigned at any one airport. 
The Commission will assign a frequency based on maximum geographic co-
channel separation. However, applicants may request a particular 
frequency which will be taken into consideration when the assignment is 
made. The frequencies assignable to unicoms are:
    (1) 122.950 MHz at airports which have a full-time control tower or 
full-time FAA flight service station.
    (2) 122.700, 122.725, 122.800, 122.975, 123.000, 123.050 or 123.075 
MHz at all other airports.
    (b) 121.500 MHz: emergency and distress only.

[53 FR 28940, Aug. 1, 1988, as amended at 55 FR 30464, July 26, 1990; 58 
FR 67696, Dec. 22, 1993]

[[Page 231]]



                Subpart H--Aeronautical Multicom Stations



Sec. 87.237  Scope of service.

    (a) The communications of an aeronautical multicom station 
(multicom) must pertain to activities of a temporary, seasonal or 
emergency nature involving aircraft in flight. Communications are 
limited to directing or coordinating ground activities from the air or 
aerial activities from the ground. Air-to-air communications will be 
authorized if the communications are directly connected with the air-to-
ground or ground-to-air activities described above. Multicom 
communications must not include those air/ground communications provided 
for elsewhere in this part.
    (b) If there is not unicom and an applicant is unable to meet the 
requirements for a unicom license, the applicant will be eligible for a 
multicom license.
    (1) The multicom license becomes invalid when a unicom is 
established at the landing area.
    (2) Multicoms must not be used for ATC purposes other than the relay 
of ATC information between the pilot and air traffic controller. 
Relaying of ATC information is limited to the following:
    (i) Revisions of proposed departure time;
    (ii) Takeoff, arrival flight plan cancellation time;
    (iii) ATC clearances, provided a letter of agreement is obtained 
from the FAA by the licensee of the multicom.
    (3) Communications by a multicom must be limited to the safe and 
expeditious operation of private aircraft, pertaining to the conditions 
of runways, types of fuel available, wind conditions, weather 
information, dispatching or other information. On a secondary basis, 
multicoms may transmit communictions which pertain to efficient portal-
to-portal transit of an aircraft such as requests for ground 
transportation, food or lodging.



Sec. 87.239  Supplemental eligibility.

    An application for a multicom must include a showing demonstrating 
why such a station is necessary, based on the scope of service defined 
above.



Sec. 87.241  Frequencies.

    (a) 121.500 MHz: emergency and distress only;
    (b) 122.850 or 122.900 MHz;
    (c) 122.925 MHz: available for assignment to communicate with 
aircraft when coordinating foresty management and fire suppression, fish 
and game management and protection, and environmental monitoring and 
protection.



     Subpart I--Aeronautical Enroute and Aeronautical Fixed Stations

                      Aeronautical Enroute Stations



Sec. 87.261  Scope of service.

    (a) Aeronautical enroute stations provide operational control 
communications to aircraft along domestic or international air routes. 
Operational control communications include the safe, efficient and 
economical operation of aircraft, such as fuel, weather, position 
reports, aircraft performance, and essential services and supplies. 
Public correspondence is prohibited.
    (b) Service must be provided to any aircraft station licensee who 
makes cooperative arrangements for the operation, maintenance and 
liability of the stations which are to furnish enroute service. In 
emergency or distress situations service must be provided without prior 
arrangements.
    (c) Except in Alaska, only one aeronautical enroute station licensee 
will be authorized at any one location. In Alaska, only one aeronautical 
enroute station licensee in the domestic service and one aeronautical 
enroute station licensee in the international service will be authorized 
at any one location. (Because enroute stations may provide service over 
a large area containing a number of air routes or only provide 
communications in the local area of an airport, location here means the 
area which can be adequately served by the particular station.)
    (d) In Alaska, only stations which serve scheduled air carriers will 
be licensed to operate aeronautical enroute stations. Applicants must 
show that the station will provide communications only along routes 
served by scheduled air carriers.

[[Page 232]]



Sec. 87.263  Frequencies.

    (a) Domestic VHF service. (1) The frequencies in the 128.825-132.000 
MHz band and the frequencies 136.500 MHz, 136.525 MHz, 136.550 MHz, 
136.575 MHz, 136.625 MHz, 136.600 MHz, 136.625 MHz, 136.650 MHz, 136.675 
MHz, 136.700 MHz and 136.725 MHz are available to serve domestic routes. 
The frequencies 136.900 MHz, 136.925 MHz, 136.950 MHz and 136.975 MHz 
are available to serve domestic and international routes. The 
frequencies 136.750 MHz, 136.775 MHz, 136.800 MHz, 136.825 MHz, 136.850 
MHz and 136.875 MHz are also available to enroute stations located at 
least 288 kilometers (180 miles) from the Gulf of Mexico shoreline 
(outside the Gulf of Mexico Region). Frequency assignments are based on 
25 kHz spacing. Use of these frequencies must be compatible with 
existing operations and must be in accordance with pertinent 
international treaties and agreements.
    (2) A system or network of interconnected enroute stations may 
employ offset carrier techniques on the frequencies listed in paragraph 
(a)(1). The carrier frequencies of the individual transmitters must not 
be offset by more than 8kHz.
    (3) The frequencies 122.825 and 122.875 MHz are available for 
assignment to enroute stations which provide local area service to 
aircraft approaching or departing a particular airport. These 
frequencies will be assigned without regard to the restrictions 
contained in Sec. 87.261 (c) and (d). Only organizations operating 
aircraft with a maximum capacity of 56 passengers or 8,200 kg (18,000 
lbs) cargo will be authorized use of these enroute frequencies.
    (4) In Alaska, the frequencies 131.500, 131.600, 131.800 and 131.900 
MHz may be assigned to aeronautical enroute stations without regard to 
the restrictions contained in Sec. 87.261 (c) and (d).
    (5) The frequencies 136.750 MHz, 136.775 MHz, 136.800 MHz, 136.825 
MHz, 136.850 MHz and 136.875 MHz are available in the Gulf of Mexico 
Region to serve domestic routes over the Gulf of Mexico and adjacent 
coastal areas. Assignment of these six frequencies is reserved until 
January 1, 1994, for helicopter flight following systems. Applicants 
must provide a showing of need for all frequencies requested. Assignment 
of these six frequencies in the Gulf of Mexico Region is not subject to 
the conditions contained in Sec. 87.261(c) and paragraph (a)(2) of this 
section. Frequency assignments are based on 25 kHz spacing. Use of these 
frequencies must be compatible with existing operations and must be in 
accordance with pertinent international treaties and agreements. For the 
purpose of this paragraph, the Gulf of Mexico Region is defined as an 
area bounded on the east, north and west by a line 288 km (180 miles) 
inland from the Gulf of Mexico shoreline. Inland stations using these 
frequencies must be located within forty-eight kilometers (30 miles) of 
the Gulf of Mexico shoreline.
    (b) Domestic HF service. (1) Regular use of high frequencies for 
aeronautical enroute or any aeronautical mobile (R) communications in 
the domestic service within the continental United States (excluding 
Alaska) will not be authorized.
    (2) These frequencies (carrier) are available for assignment to 
serve aircraft operating in support of offshore drilling operations in 
open sea areas beyond the range of VHF propagation:

                                   kHz
               2878.0                4672.0
               3019.0                5463.0
               3434.0                5508.0
 

    (3) Alaska: The following frequencies (carrier) are available for 
assignment to serve domestic air routes in the Alaska area:
    (i) Throughout Alaska: Shared with the FAA and assigned where an 
applicant shows the need for a service not provided by the FAA.

                                   kHz
               2866.0                5631.0
 

    (ii) Alaska Aleutian chain and feeders.

                                   kHz
               2911.0                8855.0
               2956.0                10066.0
               5496.0                11363.0
               6580.0
 

    (iii) Central and Southeast Alaska and feeders.

                                   kHz
               2875.0                6580.0
               2911.0                6604.0
               3470.0                8876.0

[[Page 233]]

 
               5484.0                11357.0
 

    (iv) The following frequencies (carrier) are available to enroute 
stations in Alaska without regard to the restrictions contained in 
Sec. 87.261 (c) or (d). These frequencies may also be used for 
communications between enroute stations concerning matters directly 
affecting aircraft with which they are engaged. Enroute stations located 
at an uncontrolled airport shall not transmit information concerning 
runway, wind or weather conditions during the operating hours of a 
unicom.

                                   kHz
               3449.0                5472.0
           5167.5 \1\                5490.0
 
\1\ The frequency 5167.5 kHz is available to any station for emergency
  communications in Alaska. No airborne operations are permitted. Peak
  envelope power of stations operating on this frequency must not exceed
  150 watts. This frequency may also be used by Alaska private fixed
  stations for calling purposes, but only for establishing
  communications.

    (c) International VHF service. Frequencies in the 128.825-132.000 
and 136.000-137.000 MHz bands are available to enroute stations serving 
international flight operations. Frequency assignments are based on 25 
kHz channel spacing. Proposed operations must be compatible with 
existing operations in the band.
    (d) International HF service. High frequencies (carrier) available 
to enroute stations serving international flight operations on the Major 
World Air Route Areas (MWARA's), as defined in the international Radio 
Regulations and the ICAO Assignment Plan, are:
    (1) Central East Pacific (CEP):

                                   kHz
               2869.0                8843.0
               3413.0                10057.0
               4657.0                11282.0
               5547.0                13300.0
               5574.0                17904.0
               6673.0
 

    (2) Central West Pacific (CWP):

                                   kHz
               2998.0                6562.0
               3455.0                8903.0
               4666.0                10081.0
               5652.0                11384.0
               5661.0                13300.0
               6532.0                17904.0
 


    (3) North Pacific (NP):

                                   kHz
               2932.0                10048.0
               5628.0                11330.0
               6655.0                13300.0
               6661.0                17904.0
 


    (4) South Pacific (SP):

                                   kHz
               3467.0                10084.0
               5559.0                11327.0
               5643.0                13300.0
               8867.0                17904.0
 


    (5) North Atlantic (NAT):

                                   kHz
               2872.0                8825.0
               2899.0                8831.0
               2962.0                8864.0
               2971.0                8879.0
               3016.0                8891.0
               3476.0                8906.0
               4675.0                11279.0
               5598.0                11309.0
               5616.0                11336.0
               5649.0                13291.0
               6622.0                13306.0
               6628.0                17946.0
 


    (6) Europe (EUR):

                                   kHz
               3479.0                10084.0
               5661.0                13288.0
               6598.0                17961.0
 


    (7) South America (SAM):

                                   kHz
               2944.0                10024.0
               3479.0                10096.0
               4669.0                11360.0
               5526.0                13297.0
               6649.0                17907.0
               8855.0
 


    (8) South Atlantic (SAT):

                                   kHz
               2854.0                8861.0
               2935.0                11291.0
               3452.0                13315.0
               5565.0                13357.0
               6535.0                17955.0
 


    (9) Southeast Asia (SEA):

                                   kHz
               3470.0                10066.0
               3485.0                11396.0
               5649.0                13309.0
               5655.0                13318.0
               6556.0                17907.0
               8942.0                ...................................
 



[[Page 234]]

    (10) East Asia (EA):

                                   kHz
               3016.0                10042.0
               3485.0                11396.0
               3491.0                13297.0
               5655.0                13303.0
               5670.0                13309.0
               6571.0                17907.0
               8897.0
 


    (11) Middle East (MID):

                                   kHz
               2944.0                6631.0
               2992.0                8918.0
               3467.0                8951.0
               3473.0                10018.0
               4669.0                11375.0
               5658.0                13288.0
               5667.0                13312.0
               6625.0                17961.0
 

    (12) Africa (AFI):

                                   kHz
               2851.0                6673.0
               2878.0                8894.0
               3419.0                8903.0
               3425.0                8894.0
               3467.0                11300.0
               4657.0                11330.0
               5493.0                13273.0
               5652.0                13288.0
               5658.0                13294.0
               6559.0                17961.0
               6574.0
 


    (13) Indian Ocean (INO):

                                   kHz
               3476.0                13306.0
               5634.0                17961.0
               8879.0
 


    (14) North Central Asia (NCA):

                                   kHz
               3004.0                6592.0
               3019.0                10096.0
               4678.0                13303.0
               5646.0                13315.0
               5664.0                17958.0
 


    (15) Caribbean (CAR):

                                   kHz
               2887.0                8846.0
               3455.0                8918.0
               5520.0                11387.0
               5550.0                11396.0
               6577.0                13297.0
               6586.0                17907.0
 


    (e) Long distance operational control. Long distance operational 
control frequencies provide communications between aeronautical enroute 
stations and aircraft stations anywhere in the world for control of the 
regularity and efficiency of flight and safety of aircraft. World-wide 
frequencies are not assigned by administrations for MWARA and Regional 
and Domestic Air Route Area (RDARA).


                                   kHz
               3013.0                10075.0
               3494.0                11342.0
               5529.0                11348.0
               5538.0                13330.0
               6637.0                13348.0
               6640.0                17925.0
               8933.0                21964.0
              10033.0
 


    (f) 121.500 MHz: Emergency and distress only.

[53 FR 28940, Aug. 1, 1988, as amended at 54 FR 11721, Mar. 22, 1989; 55 
FR 28628, July 12, 1990; 56 FR 21084, May 7, 1991; 58 FR 44954, Aug. 25, 
1993]



Sec. 87.265  Administrative communications.

    Domestic VHF aeronautical enroute stations authorized to use A9W 
emission on any frequency listed in Sec. 87.263(a)(1) or 
Sec. 87.263(a)(3) may transmit digital administrative communications on 
a secondary basis, in addition to the operational and control 
communications routinely permitted under Sec. 87.261(a) above. Such 
secondary administrative communications must directly relate to the 
business of a participating aircraft operator in providing travel and 
transportation services to the flying public or to the travel, 
transportation or scheduling activities of the aircraft operator itself. 
Stations transmitting administrative communications must provide 
absolute priority for operational control and other safety 
communications by means of an automatic priority control system.

[54 FR 11721, Mar. 22, 1989]

                       Aeronautical Fixed Stations



Sec. 87.275  Scope of service.

    Aeronautical fixed stations provide non-public point-to-point 
communications service pertaining to safety, regularity and economy of 
flight. These

[[Page 235]]

stations must transmit, without discrimination, messages from aircraft 
which have entered into cooperative arrangements governing the operation 
and maintenance of such stations. Aeronautical fixed station licensees 
are required to transmit, without charge or discrimination, all 
emergency communications.



Sec. 87.277  Supplemental eligibility.

    Aeronautical fixed station licenses will only be issued to the 
licensees of associated aeronautical enroute stations. Aeronautical 
fixed station licenses will not be issued where adequate land line 
facilities are available.



Sec. 87.279  Frequencies.

    (a) United States (except Alaska). The applicant must request 
specific frequencies in accordance with Sec. 2.106 of this chapter. The 
Commission will determine the suitability of the applicant's selection 
based on the probability of interference to and from existing services 
assigned on the same or adjacent frequencies. All new assignments of 
frequencies will be subject to such conditions as may be required to 
minimize the possibility of harmful interference to existing services.
    (b) Alaska. (1) Only stations which serve scheduled air carriers 
will be licensed. Applicants must show that the station will provide 
communications only along routes served by the scheduled operations of 
such carriers.
    (2) The following frequencies are available in Alaska. These 
frequencies will only be licensed in conjunction with licenses for use 
of the aeronautical enroute frequencies specified in Sec. 87.263(c).

                                   kHz
               2648.0                5310.0
               4645.0                5887.5
               4947.5                8015.0
               5122.5
 


    (c) Gulf of Mexico. In addition to the provisions of paragraph (a) 
of this section, the frequencies 4550.0 and 5036.0 kHz are available in 
the Gulf of Mexico.



                     Subpart J--Flight Test Stations



Sec. 87.299  Scope of service.

    The use of flight test stations is restricted to the transmission of 
necessary information or instructions relating directly to tests of 
aircraft or components thereof.



Sec. 87.301  Supplemental eligibility.

    (a) The following entities are eligible for flight test station 
licenses:
    (1) Manufacturers of aircraft or major aircraft components;
    (2) A parent corporation or its subsidiary if either corporation is 
a manufacturer of aircraft or major aircraft components; or
    (3) Educational institutions and persons primarily engaged in the 
design, development, modification, and flight test evaluation of 
aircraft or major aircraft components.
    (b) Each application must be accompanied by a statement containing 
facts sufficient to establish the applicant's eligibility under the 
criteria in paragraph (a) of this section.



Sec. 87.303  Frequencies.

    (a) These frequencies are available for assignment to flight test 
land and aircraft stations:

 
          kHz                MHz           MHz           MHz
 
3281.0\1\.............  123.175\2\    123.225\3\    123.400\2\
                        123.200\3\    123.375\3\    123.450\3\
 

    (b) These additional frequencies are available for assignment only 
to flight test stations of aircraft manufacturers:

 
          MHz                MHz           MHz           MHz
 
123.125\2\............  123.275\3\    S123.425\3\   123.550\3\
123.150\2\............  123.325\3\    S123.475\3\   123.575\2\
123.250\3\............  123.350\3\    S123.525\3\
 
\1\ When R3E, H3E or J3E emission is used, the assigned frequency will
  be 3282.4 kHz (3281.0 kHz carrier frequency).
\2\ This frequency is available only to itinerant stations that have a
  requirement to be periodically transferred to various locations.
\3\ Mobile station operations on these frequencies are limited to an
  area within 320 km (200 mi) of an associated flight test land station.

    (c) These frequencies are available for equipment test, emergency 
and backup use with aircraft beyond the range of VHF propagation. Either 
H2B, J3E, J7B or J9W emission may be used.
    Frequencies (carrier) available kHz:

                                   kHz
               2851.0                8822.0
               3004.0                10045.0
               3443.0                11288.0

[[Page 236]]

 
               5451.0                11306.0
               5469.0                13312.0
               5571.0                17964.0
               6550.0                21931.0
 

    (d)(1) Frequencies in the bands 1435-1525 MHz and 2360-2390 MHz are 
assigned primarily for telemetry and telecommand operations associated 
with the flight testing of manned or unmanned aircraft and missiles, or 
their major components. The band 1525-1535 MHz is also available for 
these purposes on a secondary basis. In the band 2320-2345 MHz, the 
mobile and radiolocation services are allocated on a primary basis until 
a Broadcast-Satellite (sound) service has been brought into use in such 
a manner as to affect or be affected by the mobile and radiolocation 
services in those service areas. Permissible uses of these bands include 
telemetry and telecommand transmissions associated with the launching 
and reentry into the earth's atmosphere as well as any incidental 
orbiting prior to reentry of manned or unmanned objects undergoing 
flight tests. In the 1435-1530 MHz band, the following frequencies are 
shared with flight telemetry mobile stations: 1444.5, 1453.5, 1501.5, 
1515.5, 1524.5 and 1525.5 MHz. In the 2320-2345 MHz and 2360-2390 MHz 
bands, the following frequencies may be assigned on a co-equal basis for 
telemetry and associated telecommand operations in fully operational or 
expendable and re-usable launch vehicles whether or not such operations 
involve flight testing: 2332.5, 2364.5, 2370.5 and 2382.5 MHz. In the 
2360-2390 MHz band, all other telemetry and telecommand uses are 
secondary to the above stated launch vehicle uses.
    (2) The authorized bandwidths for stations operating in the bands 
1435.0-1525.0 MHz, 1525.0-1535.0 MHz and 2310.0-2390.0 MHz are normally 
1, 3 or 5 MHz. Applications for greater bandwidths will be considered in 
accordance with the provisions of Sec. 87.135. Each assignment will be 
centered on a frequency between 1435.5 MHz and 1534.5 MHz or between 
2310.5 MHz and 2389.5 MHz, with 1 MHz channel spacing.
    (e) 121.500 MHz: Emergency and distress only.

[53 FR 28940, Aug. 1, 1988, as amended at 55 FR 4175, Feb. 7, 1990; 58 
FR 44954, Aug. 25, 1993; 58 FR 67696, Dec. 22, 1993; 60 FR 37829, July 
24, 1995; 62 FR 11107, Mar. 11, 1997]



Sec. 87.305  Frequency coordination.

    (a)(1) Each application for a new station license, renewal or 
modification of an existing license concerning flight test frequencies, 
except as provided in paragraph (b) of this section, must be accompanied 
by a statement from a frequency advisory committee. The committee must 
comment on the frequencies requested or the proposed changes in the 
authorized station and the probable interference to existing stations. 
The committee must consider all stations operating on the frequencies 
requested or assigned within 320 km (200 mi) of the proposed area of 
operation and all prior coordinations and assignments on the proposed 
frequency(ies). The committee must also recommend frequencies resulting 
in the minimum interference. The Committee must coordinate in writing 
all requests for frequencies or proposed operating changes in the 1435-
1535 MHz and 2310-2390 MHz bands with the responsible Government Area 
Frequency Coordinators listed in the NTIA ``Manual of Regulations and 
Procedures for Federal Radio Frequency Management.'' In addition, 
committee recommendations may include comments on other technical 
factors and may contain recommended restrictions which it believes 
should appear on the license.
    (2) The frequency advisory committee must be organized to represent 
all persons who are eligible for non-Government radio flight test 
stations. A statement of organization service area and composition of 
the committee must be submitted to the Commission for approval. The 
functions of any advisory committee are purely advisory to the applicant 
and the Commission, and its recommendations are not binding upon either 
the applicant or the Commission.

[[Page 237]]

    (b) These applications need not be accompanied by evidence of 
frequency coordination:
    (1) Any application for modification not involving change in 
frequency(ies), power, emission, antenna height, antenna location or 
area of operation.
    (2) Any application for 121.5 MHz.

[53 FR 28940, Aug. 1, 1988, as amended at 54 FR 11721, Mar. 22, 1989; 58 
FR 44954, Aug. 25, 1993]



Sec. 87.307  Cooperative use of facilities.

    (a) The Commission will license only one flight test land station 
per airport, except as provided in paragraph (d) of this section.
    (b) Flight test land stations located at an airport are required to 
provide service without discrimination, on a cooperative maintenance 
basis, to anyone eligible for a flight test station license.
    (c) When the licensee of a flight test land station intends to 
conduct flight tests at an area served by another flight test land 
station, which may result in interference, the licensees must coordinate 
their schedules in advance. If no agreement is reached, the Commission 
will determine the time division upon request by either licensee.
    (d) An application for an additional flight test land station at an 
airport where such a station is already authorized must be accompanied 
by a factual showing which must include the following:
    (1) Reasons why shared use of the currently licensed flight test 
land station is not possible; and
    (2) Results of coordination with the current licensee of the flight 
test station at the airport demonstrating that an additional station can 
be accommodated without significant degradation of the reliability of 
existing facilities.



                  Subpart K--Aviation Support Stations



Sec. 87.319  Scope of service.

    Aviation support stations are used for the following types of 
operations:
    (a) Pilot training;
    (b) Coordination of soaring activities between gliders, tow aircraft 
and land stations;
    (c) Coordination of activities between free balloons or lighter-
than-air aircraft and ground stations;
    (d) Coordination between aircraft and aviation service organizations 
located on an airport concerning the safe and efficient portal-to-portal 
transit of the aircraft, such as the types of fuel and ground services 
available; and
    (e) Promotion of safety of life and property.



Sec. 87.321  Supplemental eligibility.

    Each application must be accompanied by a statement that the 
applicant is either the operator of a flying school or lighter-than-air 
aircraft, engaged in soaring or free ballooning activities, or the 
operator of an airport or an aviation service organization located on an 
airport.



Sec. 87.323  Frequencies.

    (a) 121.500 MHz: Emergency and distress only.
    (b) The frequencies 121.950, 123.300 and 123.500 MHz are available 
for assignment to aviation support stations used for pilot training, 
coordination of lighter-than-air aircraft operations, or coordination of 
soaring or free ballooning activities. Applicants for 121.950 MHz must 
coordinate their proposal with the appropriate FAA Regional Spectrum 
Management Office. A coordination statement must accompany the 
application. Applicants for aviation support land stations may request 
frequency(ies) based upon their eligibility although the Commission 
reserves the right to specify the frequency of assignment. Aviation 
support mobile stations will be assigned 123.300 and 123.500 MHz. 
However, aviation support mobile stations must operate only on a 
noninterference basis to communications between aircraft and aviation 
support land stations.
    (c) The frequency 122.775 MHz and, secondary to aeronautical 
multicom stations, the frequency 122.850 MHz are available for 
assignment to aviation support stations. These frequencies may be used 
for communications between aviation service organizations and aircraft 
in the airport area. These frequencies must not be used for air traffic 
control purposes or to transmit

[[Page 238]]

information pertaining to runway, wind or weather conditions.
    (d) The frequency 3281.0 kHz is available for assignment to aviation 
support stations used for coordination of lighter-than-air aircraft 
operations.



             Subpart L--Aeronautical Utility Mobile Stations



Sec. 87.345  Scope of service.

    Aeronautical utility mobile stations provide communications for 
vehicles operating on an airport movement area. An airport movement area 
is defined as the runways, taxiways and other areas utilized for 
taxiing, takeoff and landing of aircraft, exclusive of loading ramp and 
parking areas.
    (a) An aeronautical utility mobile station must monitor its assigned 
frequency during periods of operation.
    (b) At an airport which has a control tower, control tower remote 
communications outlet station (RCO) or FAA flight service station in 
operation, communications by an aeronautical utility mobile station are 
limited to the management of ground vehicular traffic.
    (c) Aeronautical utility mobile stations which operate on the 
airport's unicom frequency or the frequency 122.900 MHz are authorized 
only to transmit information relating to safety, such as runway 
conditions and hazards on the airport. These stations are authorized 
primarily for monitoring communications from and to aircraft approaching 
or departing the airport.
    (d) Transmissions by an aeronautical utility mobile station are 
subject to the control of the control tower, the FAA flight service 
station or the unicom, as appropriate. When requested by the control 
tower, the flight service station or the unicom, an aeronautical utility 
station must discontinue transmitting immediately.
    (e) Communications between aeronautical utility mobile stations are 
not authorized.

[53 FR 28940, Aug. 1, 1988, as amended at 55 FR 7333, Mar. 1, 1990; 55 
FR 30464, July 26, 1990]



Sec. 87.347  Supplemental eligibility.

    (a) Aeronautical utility stations may transmit on unicom frequencies 
only at airports which have a unicom and a part-time or no control 
tower, an RCO or an FAA flight service station.
    (b) An applicant for an aeronautical utility station operating on a 
unicom frequency or the frequency 122.900 MHz must:
    (1) Demonstrate a need to routinely operate a ground vehicle on the 
airport movement area;
    (2) Identify the vehicle(s) in which the station is to be located; 
and
    (3) Either attach a statement showing that the applicant is the 
airport owner or operator, or a state or local governmental aeronautical 
agency; or attach a statement from the airport owner or operator 
granting permission to operate the vehicle on the airport movement area.
    (c) An applicant for an aeronautical utility station requesting 
authority to transmit on the local control (tower) frequency or on the 
control tower remote communications outlet (RCO) frequency must attach a 
copy of a memorandum of agreement between the applicant and the Air 
Traffic Manager of the airport control tower that approves the requested 
use of the tower or RCO frequency.

[53 FR 28940, Aug. 1, 1988, as amended at 55 FR 30464, July 26, 1990; 55 
FR 30908, July 30, 1990]



Sec. 87.349  Frequencies.

    (a) The frequency assigned to an aeronautical utility station at an 
airport served by a control tower, RCO or FAA flight service station is 
the frequency used by the control tower for ground traffic control or by 
the flight service station for communications with vehicles. In addition 
to the ground control frequency, an aeronautical utility station at an 
airport served by a control tower or RCO may be assigned the tower or 
RCO frequency if the assignment is specifically approved by the FAA as 
provided for in Sec. 87.347(c). The frequencies assigned are normally 
from the band 121.600-121.925 MHz.
    (b) The frequency assigned to the unicom is available to 
aeronautical

[[Page 239]]

utility stations on a noninterference basis at airports which have a 
part-time control tower, part-time RCO or part-time FAA flight service 
station and a unicom.
    (c) At airports which have a unicom but no control tower, RCO or FAA 
flight service station, the frequency assigned to the unicom is 
available to aeronautical utility stations on a noninterference basis. 
The frequencies available for assignment to unicoms are described in 
subpart G of this part.
    (d) At airports which have no control tower, RCO, flight service 
station or unicom, the frequency 122.900 MHz is available for assignment 
to aeronautical utility stations.

[55 FR 30464, July 26, 1990, as amended at 55 FR 30908, July 30, 1990]



Sec. 87.351  Frequency changes.

    When the aeronautical utility frequency is required to be changed 
because of an action by the FAA or the Commission (such as a change in 
the ground control of unicom frequency) the licensee must submit an 
application for modification to specify the new frequency within 10 days 
from the date the station begins operation on the new frequency. The 
licensee has temporary authority to use the new frequency from the date 
of the change pending receipt of the modified license.



           Subpart M--Aeronautical Search and Rescue Stations



Sec. 87.371  Scope of service.

    Aeronautical search and rescue land and mobile stations must be used 
only for communications with aircraft and other aeronautical search and 
rescue stations engaged in search and rescue activities. Aeronautical 
land search and rescue stations can be moved for temporary periods from 
a specified location to an area where actual or practice search and 
rescue operations are being conducted.



Sec. 87.373  Supplemental eligibility.

    Licenses for aeronautical search and rescue stations will be granted 
only to governmental entities or private organizations chartered to 
perform aeronautical search and rescue functions.



Sec. 87.375  Frequencies.

    (a) The frequency 123.100 MHz is available for assignment to 
aeronautical search and rescue stations for actual search and rescue 
missions. Each search and rescue station must be equipped to operate on 
this frequency.
    (b) The frequency 122.900 MHz is available for assignment to 
aeronautical search and rescue stations for organized search and rescue 
training and for practice search and rescue missions.
    (c) The frequencies 3023.0 kHz and 5680.0 kHz are available for 
assignment to aircraft and ship stations for search and rescue scene-of-
action coordination, including communications with participating land 
stations. Ship stations communicating with aircraft stations must employ 
2K80J3E emission.
    (d) 121.500 MHz: Emergency and distress only.



                   Subpart N--Emergency Communications



Sec. 87.393  Scope of service.

    This subpart provides the rules governing operation of stations in 
the Aviation Services during any national or local emergency situation 
constituting a threat to national security or safety of life and 
property. This subpart is consistent with the Aeronautical Emergency 
Communications System Plan for all Aviation Services licensees of the 
Commission which was developed pursuant to sections 1, 4(o), 301 and 303 
of the Communications Act, and Executive Order 11490, as amended. This 
Plan provides for emergency communications to meet the requirements of 
the Plan for the Security Control of Air Traffic and Air Navigation Aids 
(SCATANA), Civil Reserve Air Fleet (CRAF), War Air Service Program 
(WASP) and, where applicable, State and Regional Disaster Airlift 
Planning (SARDA).



Sec. 87.395  Plan for the Security Control of Air Traffic and Air Navigation Aids (Short Title: SCATANA).

    (a) The Plan for the Security Control of Air Traffic and Air 
Navigation Aids (SCATANA) is promulgated in furtherance of the Federal 
Aviation Act of

[[Page 240]]

1958, as amended, the Communications Act and Executive Order 11490, as 
amended. SCATANA defines the responsibilities of the Commission for the 
security control of non-Federal air navigation aids.
    (b) Under the responsibilities defined in SCATANA, an FCC Support 
Plan for the Security Control of Non-Federal Air Navigation Aids has 
been developed by the Commission. The FCC Support Plan defines 
responsibilities, procedures, and instructions in consonance with 
SCATANA which will effect control of non-Federal air navigation aids 
when SCATANA is implemented. It permits the use of such navigation aids 
by aircraft of military and civil agencies when SCATANA is implemented. 
The FCC Support Plan highlights those parts of SCATANA which deal 
specifically with non-Federal air navigation aids. SCATANA and the FCC 
Support Plan apply to radionavigation stations authorized by the 
Commission in the following manner:
    (1) All licensees are subject to restrictions imposed by appropriate 
military authorities pursuant to SCATANA and the FCC Support Plan when 
an Air Defense Emergency or Defense Emergency exists or is imminent. The 
restrictions will be imposed through FAA Air Route Traffic Control 
Centers (ARTCCs).
    (2) All licensees of aeronautical radionavigation (VOR/DME, ILS, 
MLS, LF and MF non-directional beacons) stations will comply with 
SCATANA implementation instructions from FAA ARTCCs as follows:
    (i) Shut down the above navigation aids as directed. These 
instructions will permit time to land or disperse airborne aircraft, and 
will permit extension of time when the air traffic situation dictates.
    (ii) Shut down as soon as possible stations which require more than 
five minutes control time, unless directed otherwise or unless such 
stations are essential for the handling of existing air traffic.
    (iii) Operate aeronautical radionavigation stations to ensure that 
required stations, as indicated in flight plans, will be available for 
authorized aircraft flights.
    (3) Licensees of aeronautical radionavigation stations will be 
notified of the reduction or removal of SCATANA restrictions by FAA 
ARTCCs when notice of the termination is issued.
    (4) Licensees of aeronautical radionavigation stations may 
voluntarily participate in SCATANA tests as requested by an ARTCC. 
SCATANA testing must not interrupt the normal service of non-Federal air 
navigation aids.



Sec. 87.397  Emergency operations.

    (a) The licensee of any land station in the Aviation services, 
during a local emergency involving the safety of life and property may 
communicate in a manner other than that specified in the license (See 
Sec. 87.395). Such emergency operations may include operation at other 
locations or with equipment not specified in the license or by 
unlicensed personnel provided that:
    (1) Such operations are under the control and supervision of the 
station licensee,
    (2) The emergency use is discontinued as soon as practicable upon 
termination of the emergency,
    (3) In no event shall any station transmit on frequencies other than 
or with power in excess of that specified in the license,
    (4) The details of the emergency must be retained with the station 
license, and
    (5) At a controlled airport these communications must be coordinated 
with the FAA.
    (b) The unicom frequencies listed in subpart G may also be used for 
communications with private aircraft engaged in organized civil defense 
activities in preparation for, during an enemy attack or immediately 
after an enemy attack. When used for these purposes, unicoms may be 
moved from place to place or operated at unspecified locations, except 
at landing areas served by other unicoms or control towers.
    (c) In any case in which a license for unattended operation has been 
granted, the Commission may at any time, for national defense, modify 
the license.

[[Page 241]]



                Subpart O--Airport Control Tower Stations



Sec. 87.417  Scope of service.

    (a) Airport control tower stations (control towers) and control 
tower remote communications outlet stations (RCOs) must limit their 
communications to the necessities of safe and expeditious operations of 
aircraft operating on or in the vicinity of the airport. Control towers 
and RCOs provide air traffic control services to aircraft landing, 
taking off and taxing on the airport as well as aircraft transiting the 
airport traffic area. Additionally, control towers and RCOs can provide 
air traffic control services to vehicles operating on airport movement 
areas (see subpart L of this part). Control towers and RCOs must serve 
all aircraft without discrimination. An RCO must be remotely operated 
from a control tower or other FAA control facility located at a nearby 
airport.
    (b) A control tower must maintain a continuous watch on the 
following frequencies during the hours of operation:

121.500 MHz
3023.0 kHz (Alaska only)
5680.0 kHz (Alaska only)

    The Commission may exempt from these watch requirements the licensee 
of an airport control tower station if a satisfactory showing has been 
made that such an exemption will not adversely affect life and property 
in the air.

[53 FR 28940, Aug. 1, 1988, as amended at 54 FR 11721, Mar. 22, 1989; 55 
FR 30464, July 26, 1990]



Sec. 87.419  Supplemental eligibility.

    (a) Only one control tower or RCO will be licensed at an airport.
    (b) Each application for an RCO must be accompanied by a written 
statement from the appropriate FAA Regional Office approving the 
requested RCO operation.

[55 FR 30464, July 26, 1990]



Sec. 87.421  Frequencies.

    The Commission will assign VHF frequencies after coordination with 
the FAA. Frequencies in the following bands are available to control 
towers and RCOs. Channel spacing is 25 kHz.

118.000-121.400 MHz
121.600-121.925 MHz
123.600-128.800 MHz
132.025-135.975 MHz

    (a) The frequency 123.100 MHz is available for use by control towers 
and RCOs at special aeronautical events on the condition that no harmful 
interference is caused to search and rescue operations in the locale 
involved.
    (b) Frequencies in the bands 200.0-285.0 and 325.0-405.0 kHz will 
only be assigned to control towers and RCOs authorized to operate on at 
least one VHF frequency, unless a showing has been made that elimination 
of VHF service will not adversely affect life and property in the air.
    (c) Frequencies in the band 121.600-121.925 MHz are available to 
control towers and RCOs for communications with ground vehicles and 
aircraft on the ground. The antenna heights shall be restricted to the 
minimum necessary to achieve the required coverage. Channel spacing is 
25 kHz.
    (d) 121.500 MHz: emergency and distress only.

[53 FR 28940, Aug. 1, 1988, as amended at 55 FR 30464, July 26, 1990]



Sec. 87.423  Hours of operation.

    The control tower must render a communications service 24 hours a 
day unless a satisfactory showing has been made that elimination of such 
service will not adversely affect life and property in the air.



Sec. 87.425  Interference.

    Control towers and RCOs must not cause harmful interference to 
control towers or RCOs at adjacent airports. If interference between 
adjacent control towers or RCOs exists, the Commission will direct the 
licensees how to eliminate the interference.

[55 FR 30465, July 26, 1990]

[[Page 242]]



                  Subpart P--Operational Fixed Stations



Sec. 87.445  Scope of service.

    An operational fixed station provides control, repeater or relay 
functions for its associated aeronautical station.



Sec. 87.447  Supplemental eligibility.

    An applicant for an operational fixed station must show that:
    (a) The applicant is the licensee of an aeronautical land station in 
the aeronautical mobile service; and
    (b) Common carrier facilities are not available to satisfy the 
aeronautical station's requirements.



Sec. 87.449  Frequencies.

    The following frequencies in the 72-76 MHz band are assignable to 
operational fixed stations using vertical polarization, if no harmful 
interference is caused to TV reception on Channels 4 and 5. These 
frequencies are shared with the Land Mobile and the Maritime Mobile 
Services.

              Operational frequencies in the 72-76 MHz band

                        Carrier frequency in MHz

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



Sec. 87.451  Licensing limitations.

    Operational fixed stations are subject to the following licensing 
limitations:
    (a) A maximum of four frequencies will be assigned.
    (b) Stations will not be authorized when applications indicate less 
than 16 km (10 miles) separation between a proposed station and a TV 
transmitter operating on either Channel 4 or 5, or from the post office 
of a community in which either channel is assigned but not in operation.
    (c) Stations located between 16 km (10 miles) and 128 km (80 miles) 
of a TV transmitter operating on either Channel 4 or 5, or from the post 
office of a community in which either channel is assigned but not in 
operation, are secondary to TV operations within the Grade B service 
contour.\1\
---------------------------------------------------------------------------

    \1\ OET Bulletin No. 67, March 1988, entitled ``Potential 
Interference from Operational Fixed Stations in the 72-76 MHz Band to 
Television Channels 4 and 5'' describes an analytical model that can be 
used to calculate the potential interference that might result from a 
given fixed station operation. Copies of the bulletin may be obtained 
from the Commission's current duplication contractor. Information 
concerning the current duplication contractor may be obtained from the 
Office of Public Affairs, Consumer Assistance and Small Business 
Division, Telephone (202) 632-5050.
---------------------------------------------------------------------------



          Subpart Q--Stations in the Radiodetermination Service



Sec. 87.471  Scope of service.

    Stations in the aeronautical radiodetermination service provide 
radionavigation and radiolocation services.
    (a) Transmission by radionavigation land stations must be limited to 
aeronautical navigation, including obstruction warning.
    (b) Radionavigation land test stations are used for the testing and 
calibration of aircraft navigational aids and associated equipment. When 
used as radionavigation land test stations (MTF) signal generators must 
be licensed as radionavigation land test

[[Page 243]]

stations (MTF). Transmission must be limited to cases when radiation is 
necessary and there is no alternative.
    (c) Transmissions by emergency locator transmitter (ELT) test 
stations must be limited to necessary testing of ELTs and to training 
operations related to the use of such transmitters.

[53 FR 28940, Aug. 1, 1988, as amended at 58 FR 67696, Dec. 22, 1993]



Sec. 87.473  Supplemental eligibility.

    (a) Licenses for radionavigation land stations will be granted only 
to applicants who can justify the need for an aeronautical 
radionavigation service when the Federal Aviation Administration is not 
prepared to render this service.
    (b) Licenses for radionavigation land test stations (MTF) will be 
granted only to applicants engaged in the development, manufacture or 
maintenance of aircraft radionavigation equipment. Licenses for 
radionavigation land test stations (OTF) will be granted only to 
applicants who agree to establish the facility at an airport for the use 
of the public.
    (c) Licenses for ELT test stations will be granted only to 
applicants to train personnel in the operation and location of ELTs, or 
for testing related to the manufacture or design of ELTs.



Sec. 87.475  Frequencies.

    (a) Frequency coordination. The Commission will assign frequencies 
to radionavigation land stations and radionavigation land test stations 
after coordination with the FAA. The applicant must notify the 
appropriate Regional Office of the FAA prior to submission to the 
Commission of an application for a new station or for modification of an 
existing station to change frequency, power, location or emission. Each 
application must be accompanied by a statement showing the name of the 
FAA Regional Office notified and the date of notification.
    (b) Frequencies available for radionavigation land stations. (1) 
LORAN-C is a long range navigation system which operates in the 90-110 
kHz band.
    (2) Radiobeacon stations enable an aircraft station to determine 
bearing or direction in relation to the radiobeacon station. 
Radiobeacons operate in the bands 190-285 kHz; 325-435; and 510-525 kHz.
    (3) Aeronautical marker beacon stations radiate a vertical 
distinctive pattern on 75 MHz which provides position information to 
aircraft.
    (4) The following table lists the specific frequencies in the 
108.100-111.950 MHz band which are assignable to localizer stations with 
simultaneous radiotelephone channels and their associated glide path 
station frequency from the 328.600-335.400 MHz band.

------------------------------------------------------------------------
          Localizer (MHz)                      Glide path (MHz)
------------------------------------------------------------------------
108.100............................                  334.700
108.150............................                  334.550
108.300............................                  334.100
108.350............................                  333.950
108.500............................                  329.900
108.550............................                  329.750
108.700............................                  330.500
108.750............................                  330.350
108.900............................                  329.300
108.950............................                  329.150
109.100............................                  331.400
109.150............................                  331.250
109.300............................                  332.000
109.350............................                  331.850
109.500............................                  332.600
109.550............................                  332.450
109.700............................                  333.200
109.750............................                  333.050
109.900............................                  333.800
109.950............................                  333.650
110.100............................                  334.400
110.150............................                  334.250
110.300............................                  335.000
110.350............................                  334.850
110.500............................                  329.600
110.550............................                  329.450
110.700............................                  330.200
110.750............................                  330.050
110.900............................                  330.800
110.950............................                  330.650
111.100............................                  331.700
111.150............................                  331.550
111.300............................                  332.300
111.350............................                  332.150
111.500............................                  332.900
111.550............................                  332.750
111.700............................                  333.500
111.750............................                  333.350
111.900............................                  331.100
111.950............................                  330.950
------------------------------------------------------------------------

    (5) VHF omni-range (VOR) stations are to be assigned frequencies in 
the 112.050-117.950 MHz band (50 kHz channel spacing) and the following 
frequencies in the 108-112 MHz band:

108.200
108.250
108.400
108.450
108.600
108.650
108.800
108.850
109.000
109.050
109.200
109.250

[[Page 244]]


109.400
109.450
109.600
109.650
109.800
109.850
110.000
110.050
110.200
110.250
110.400
110.450
110.600
110.650
110.800
110.850
111.000
111.050
111.200
111.250
111.400
111.450
111.600
111.650
111.800
111.850
112.000

    (6) The band 960-1215 MHz is available for the use of land stations 
and associated airborne electronic aids to air navigation. When distance 
measuring equipment (DME) is intended to operate with a single VHF 
navigation station in the 108-117.975 MHz band, the DME operating 
channel must be paired with the VHF channel as shown in the following 
table:

                       DME Channeling and Pairing
                                  [MHz]
------------------------------------------------------------------------
                         Airborne interrogating
      VHF channel               frequency         Ground reply frequency
------------------------------------------------------------------------
108.000...............            1041.000                  978.000
108.050...............            1041.000                 1104.000
108.100...............            1042.000                  979.000
108.150...............            1042.000                 1105.000
108.200...............            1043.000                  980.000
108.250...............            1043.000                 1106.000
108.300...............            1044.000                  981.000
108.350...............            1044.000                 1107.000
108.400...............            1045.000                  982.000
108.450...............            1045.000                 1108.000
108.500...............            1046.000                  983.000
108.550...............            1046.000                 1109.000
108.600...............            1047.000                  984.000
108.650...............            1047.000                 1110.000
108.700...............            1048.000                  985.000
108.750...............            1048.000                 1111.000
108.800...............            1049.000                  986.000
108.850...............            1049.000                 1112.000
108.900...............            1050.000                  987.000
108.950...............            1050.000                 1113.000
109.000...............            1051.000                  988.000
109.050...............            1051.000                 1114.000
109.100...............            1052.000                  989.000
109.150...............            1052.000                 1115.000
109.200...............            1053.000                  990.000
109.250...............            1053.000                 1116.000
109.300...............            1054.000                  991.000
109.350...............            1054.000                 1117.000
109.400...............            1055.000                  992.000
109.450...............            1055.000                 1118.000
109.500...............            1056.000                  993.000
109.550...............            1056.000                 1119.000
109.600...............            1057.000                  994.000
109.650...............            1057.000                 1120.000
109.700...............            1058.000                  995.000
109.750...............            1058.000                 1121.000
109.800...............            1059.000                  996.000
109.850...............            1059.000                 1122.000
109.900...............            1060.000                  997.000
109.950...............            1060.000                 1123.000
110.000...............            1061.000                  998.000
110.050...............            1061.000                 1124.000
110.100...............            1062.000                  999.000
110.150...............            1062.000                 1125.000
110.200...............            1063.000                 1000.000
110.250...............            1063.000                 1126.000
110.300...............            1064.000                 1001.000
110.350...............            1064.000                 1127.000
110.400...............            1065.000                 1002.000
110.450...............            1065.000                 1128.000
110.500...............            1066.000                 1003.000
110.550...............            1066.000                 1129.000
110.600...............            1067.000                 1004.000
110.650...............            1067.000                 1130.000
110.700...............            1068.000                 1005.000
110.750...............            1068.000                 1131.000
110.800...............            1069.000                 1006.000
110.850...............            1069.000                 1132.000
110.900...............            1070.000                 1007.000
110.950...............            1070.000                 1133.000
111.000...............            1071.000                 1008.000
111.050...............            1071.000                 1134.000
111.100...............            1072.000                 1009.000
111.150...............            1072.000                 1135.000
111.200...............            1073.000                 1010.000
111.250...............            1073.000                 1136.000
111.300...............            1074.000                 1011.000
111.350...............            1074.000                 1137.000
111.400...............            1075.000                 1012.000
111.450...............            1075.000                 1138.000
111.500...............            1076.000                 1013.000
111.550...............            1076.000                 1139.000
111.600...............            1077.000                 1014.000
111.650...............            1077.000                 1140.000
111.700...............            1078.000                 1015.000
111.750...............            1078.000                 1141.000
111.800...............            1079.000                 1016.000
111.850...............            1079.000                 1142.000
111.900...............            1080.000                 1017.000
111.950...............            1080.000                 1143.000
112.000...............            1081.000                 1018.000
112.050...............            1081.000                 1144.000
112.100...............            1082.000                 1019.000
112.150...............            1082.000                 1145.000
112.200...............            1083.000                 1020.000
112.250...............            1083.000                 1146.000
112.300...............            1094.000                 1157.000
112.350...............            1094.000                 1031.000
112.400...............            1095.000                 1158.000
112.450...............            1095.000                 1032.000
112.500...............            1096.000                 1159.000
112.550...............            1096.000                 1033.000
112.600...............            1097.000                 1160.000
112.650...............            1097.000                 1034.000
112.700...............            1098.000                 1161.000
112.750...............            1098.000                 1035.000
112.800...............            1099.000                 1162.000
112.850...............            1099.000                 1036.000
112.900...............            1100.000                 1163.000
112.950...............            1100.000                 1037.000
113.000...............            1101.000                 1164.000
113.050...............            1101.000                 1038.000
113.100...............            1102.000                 1165.000
113.150...............            1102.000                 1039.000
113.200...............            1103.000                 1166.000
113.250...............            1103.000                 1040.000
113.300...............            1104.000                 1167.000
113.350...............            1104.000                 1041.000
113.400...............            1105.000                 1168.000
113.450...............            1105.000                 1042.000

[[Page 245]]

 
113.500...............            1106.000                 1169.000
113.550...............            1106.000                 1043.000
113.600...............            1107.000                 1170.000
113.650...............            1107.000                 1044.000
113.700...............            1108.000                 1171.000
113.750...............            1108.000                 1045.000
113.800...............            1109.000                 1172.000
113.850...............            1109.000                 1046.000
113.900...............            1110.000                 1173.000
113.950...............            1110.000                 1047.000
114.000...............            1111.000                 1174.000
114.050...............            1111.000                 1048.000
114.100...............            1112.000                 1175.000
114.150...............            1112.000                 1049.000
114.200...............            1113.000                 1176.000
114.250...............            1113.000                 1050.000
114.300...............            1114.000                 1177.000
114.350...............            1114.000                 1051.000
114.400...............            1115.000                 1178.000
114.450...............            1115.000                 1052.000
114.500...............            1116.000                 1179.000
114.550...............            1116.000                 1053.000
114.600...............            1117.000                 1180.000
114.650...............            1117.000                 1054.000
114.700...............            1118.000                 1181.000
114.750...............            1118.000                 1055.000
114.800...............            1119.000                 1182.000
114.850...............            1119.000                 1056.000
114.900...............            1120.000                 1183.000
114.950...............            1120.000                 1057.000
115.000...............            1121.000                 1184.000
115.050...............            1121.000                 1058.000
115.100...............            1122.000                 1185.000
115.150...............            1122.000                 1059.000
115.200...............            1123.000                 1186.000
115.250...............            1123.000                 1060.000
115.300...............            1124.000                 1187.000
115.350...............            1124.000                 1061.000
115.400...............            1125.000                 1188.000
115.450...............            1125.000                 1062.000
115.500...............            1126.000                 1189.000
115.550...............            1126.000                 1063.000
115.600...............            1127.000                 1190.000
115.650...............            1127.000                 1064.000
115.700...............            1128.000                 1191.000
115.750...............            1128.000                 1065.000
115.800...............            1129.000                 1192.000
115.850...............            1129.000                 1066.000
115.900...............            1130.000                 1193.000
115.950...............            1130.000                 1067.000
116.000...............            1131.000                 1194.000
116.050...............            1131.000                 1068.000
116.100...............            1132.000                 1195.000
116.150...............            1132.000                 1069.000
116.200...............            1133.000                 1196.000
116.250...............            1133.000                 1070.000
116.300...............            1134.000                 1197.000
116.350...............            1134.000                 1071.000
116.400...............            1135.000                 1198.000
116.450...............            1135.000                 1072.000
116.500...............            1136.000                 1199.000
116.550...............            1136.000                 1073.000
116.600...............            1137.000                 1200.000
116.650...............            1137.000                 1074.000
116.700...............            1138.000                 1201.000
116.750...............            1138.000                 1075.000
116.800...............            1139.000                 1202.000
116.850...............            1139.000                 1076.000
116.900...............            1140.000                 1203.000
116.950...............            1140.000                 1077.000
117.000...............            1141.000                 1204.000
117.050...............            1141.000                 1078.000
117.100...............            1142.000                 1205.000
117.150...............            1142.000                 1079.000
117.200...............            1143.000                 1206.000
117.250...............            1143.000                 1080.000
117.300...............            1144.000                 1207.000
117.350...............            1144.000                 1081.000
117.400...............            1145.000                 1208.000
117.450...............            1145.000                 1082.000
117.500...............            1146.000                 1209.000
117.550...............            1146.000                 1083.000
117.600...............            1147.000                 1210.000
117.650...............            1147.000                 1084.000
117.700...............            1148.000                 1211.000
117.750...............            1148.000                 1085.000
117.800...............            1149.000                 1212.000
117.850...............            1149.000                 1086.000
117.900...............            1150.000                 1213.000
117.950...............            1150.000                 1087.000
------------------------------------------------------------------------

    (7) 1300-1350 MHz: The use of this band is restricted to 
surveillance radar stations and associated airborne transponders.
    (8) 1559-1626.5 MHz: The use of this band is limited to airborne 
electronic aids to air navigation and any associated land stations.
    (c) Frequencies available for radionavigation land test stations. 
(1) The frequencies set forth in Sec. 87.187(c), (e) through (j), (r), 
and (t) and Sec. 87.475(b) (6) through (10), and (12) may be assigned to 
radionavigation land test stations for the testing of aircraft 
transmitting equipment that normally operate on these frequencies and 
for the testing of land-based receiving equipment that operate with 
airborne radionavigation equipment.
    (2) The frequencies available for assignment to radionavigation land 
test stations for the testing of airborne receiving equipment are 
108.000 and 108.050 MHz for VHF omni-range; 108.100 and 108.150 MHz for 
localizer; 334.550 and 334.700 MHz for glide slope; 978 and 979 MHz (X 
channel)/1104 MHz (Y channel) for DME; 1030 MHz for ATC radar beacon 
transponders; and 5031.0 MHz for microwave landing systems. 
Additionally, the frequencies in paragraph (b) of this section may be 
assigned to radionavigation land test stations after coordination with 
the FAA. The following conditions apply:
    (i) The maximum power authorized on the frequencies 108.150 and 
334.550

[[Page 246]]

MHz is 1 milliwatt. The maximum power authorized on all other 
frequencies is one watt.
    (ii) The pulse repetition rate (PRR) of the 1030 MHz ATC radar 
beacon test set will be 235 pulses per second (pps) 5pps.
    (iii) The assignment of 108.000 MHz is subject to the condition that 
no interference will be caused to the reception of FM broadcasting 
stations and stations using the frequency are not protected against 
interference from FM broadcasting stations.
    (d) Frequencies available for ELT test stations. The frequencies 
available for assignment to ELT test stations are 121.600, 121.650, 
121.700, 121.750, 121.800, 121.850, and 121.900 MHz. Licensees must:
    (1) Not cause harmful interference to voice communications on these 
frequencies or any harmonically related frequency.
    (2) Coordinate with the appropriate FAA Regional Spectrum Management 
Office prior to each activation of the transmitter.

[53 FR 28940, Aug. 1, 1988, as amended at 54 FR 11721, Mar. 22, 1989]



Sec. 87.477  Condition of grant for radionavigation land stations.

    Radionavigation land stations may be designated by the FAA as part 
of the National Airspace System. Stations so designated will be required 
to serve the public under IFT conditions. This condition of grant is 
applicable to all radionavigation land stations.



Sec. 87.479  Harmful interference to radionavigation land stations.

    (a) Military or other Government stations have been authorized to 
establish wide-band systems using frequency-hopping spread spectrum 
techniques in the 960-1215 MHz band. Authorization for a Joint Tactical 
Information Distribution Systems (JTIDS) has been permitted on the basis 
of non-interference to the established aeronautical radionavigation 
service in this band. In order to accommodate the requirements for the 
system within the band, restrictions are imposed. Transmissions will be 
automatically prevented if:
    (1) The frequency-hopping mode fails to distribute the JTIDS 
spectrum uniformly across the band;
    (2) The radiated pulse varies from the specified width of 6.4 
microseconds 5%;
    (3) The energy radiated within 7 MHz of 1030 and 1090 
MHz exceeds a level of 60 dB below the peak of the JTIDS spectrum as 
measured in a 300 kHz bandwidth. The JTIDS will be prohibited from 
transmitting if the time slot duty factor exceeds a 20 percent duty 
factor for any single user and a 40 percent composite duty factor for 
all JTIDS emitters in a geographic area.
    (b) If radionavigation systems operating in the 960-1215 MHz band 
experience interference or unexplained loss of equipment performance, 
the situation must be reported immediately to the nearest office of the 
FAA, the National Telecommunications and Information Administration, 
Washington, DC 20504, or the nearest Federal Communications Commission 
field office. The following information must be provided to the extent 
available:
    (1) Name, call sign and category of station experiencing the 
interference;
    (2) Date and time of occurrence;
    (3) Geographical location at time of occurrence;
    (4) Frequency interfered with;
    (5) Nature of interference; and
    (6) Other particulars.



Sec. 87.481  Unattended operation of domestic radiobeacon stations.

    (a) Radiobeacons may be licensed for unattended operation. An 
applicant for unattended operations must provide information about the 
following:
    (1) The transmitter is crystal controlled and specifically designed 
for radiobeacon service and capable of transmitting by self-actuating 
means;
    (2) The emissions of the transmitter must be continuously monitored 
by a licensed operator, or by a direct positive automatic monitor, 
supplemented by aural monitoring at suitable intervals;
    (3) If as a result of aural monitoring it is determined that a 
deviation from

[[Page 247]]

the terms of the station license has occurred, the transmitters must be 
disabled immediately by a properly authorized person. If automatic 
monitoring is used, the monitor must insure that the operation of the 
transmitter meets the license terms or is disabled;
    (4) The time, including travel time, required for a properly 
authorized person to disable the transmitter;
    (5) The equipment must be inspected at least every 180 days. Results 
of inspections must be kept in the station maintenance records;
    (6) The transmitter is not operable by or accessible to, other than 
authorized persons;
    (7) The transmitter is in a remote location.
    (b) Authority for unattended operation must be expressly stated in 
the station license.



                  Subpart R--Civil Air Patrol Stations



Sec. 87.501  Scope of service.

    Civil Air Patrol land and mobile stations must be used only for 
training, operational and emergency activities of the Civil Air Patrol.
    (a) Civil Air Patrol land and mobile stations may communicate with 
other land and, mobile stations of the Civil Air Patrol. A Civil Air 
Patrol land station may be moved from its authorized location for 
temporary operation in the same general area for short periods of time 
not to exceed 72 hours.
    (b) When engaged in training or on actual missions in support of the 
U.S. Air Force, Civil Air Patrol stations may communicate with U.S. Air 
Force stations on the frequencies specified in subpart E.



Sec. 87.503  Supplemental eligibility.

    Licenses for Civil Air Patrol land and mobile stations will be 
issued only to Wings or the Headquarters of the Civil Air Patrol. All 
applications must be submitted to the Commission via Civil Air Patrol 
Headquarters, Maxwell Air Force Base, AL 36112. A single fleet license 
will be issued to Civil Air Patrol Headquarters and to each Civil Air 
Patrol Wing to authorize all Civil Air Patrol Station transmitters 
operated by the Wing or Headquarters.

[54 FR 11721, Mar. 22, 1989]



Sec. 87.505  Frequencies.

    The assigned frequencies available for assignment to Civil Air 
Patrol land and mobile stations are contained in the frequency table in 
subpart E. The frequency, emission, and maximum power will be determined 
by Headquarters Civil Air Patrol in accordance with the Civil Air Patrol 
Communications Plan.



            Subpart S--Automatic Weather Observation Stations



Sec. 87.525  Scope of service.

    Automatic weather observation stations must provide up-to-date 
weather information including the time of the latest weather sequence, 
altimeter setting, wind speed and direction, dewpoint, temperature, 
visibility and other pertinent data needed at airports having neither a 
full-time control tower nor a full-time FAA Flight Service Station. When 
a licensee has entered into an agreement with the FAA, an automatic 
weather observation station may also operate as an automatic terminal 
information station during the control tower's operating hours.



Sec. 87.527  Supplemental eligibility.

    (a) Licenses will be granted only upon FAA approval.
    (b) Eligibility for an automatic weather observation station or an 
automatic terminal information station is limited to the owner or 
operator of an airport or to a person who has entered into a written 
agreement with the owner or operator for exclusive rights to operate and 
maintain the station. Where applicable a copy of the agreement between 
the applicant and owner or operator of the airport must be submitted 
with an application.
    (c) Only one automatic weather observation station or an automatic 
terminal information station will be licensed at an airport.



Sec. 87.529  Frequencies.

    Prior to submitting an application, each applicant must notify the 
nearest

[[Page 248]]

appropriate FAA Regional Spectrum Management Office. Each application 
must be accompanied by a statement showing the name of the FAA Regional 
Office and date notified. The Commission will assign the frequency. 
Normally frequencies available for air traffic control operations set 
forth in subpart E will be assigned to automatic weather observation 
stations and to automatic terminal information stations. When a licensee 
has entered into an agreement with the FAA to operate the same station 
as both an automatic weather observation station and as an automatic 
terminal information station, the same frequency will be used in both 
modes of operation.



PART 90--PRIVATE LAND MOBILE RADIO SERVICES--Table of Contents




                     Subpart A--General Information

Sec.
90.1  Basis and purpose.
90.5  Other applicable rule parts.
90.7  Definitions.

                   Subpart B--Public Safety Radio Pool

90.15  Scope.
90.16  Public Safety National Plan.
90.20  Public Safety Pool.
90.22  Paging operations.

                Subpart C--Industrial/Business Radio Pool

90.31  Scope.
90.33  General eligibility.
90.35  Industrial/Business Pool.

                        Subparts D--E [Reserved]

                    Subpart F--Radiolocation Service

90.101  Scope.
90.103  Radiolocation Service.

               Subpart G--Applications and Authorizations

90.111  Scope.
90.113  Station authorization required.
90.115  Foreign government and alien eligibility.
90.117  Applications for radio station or radio system authorizations.
90.119  Application forms.
90.121  Canadian registration.
90.123  Full disclosures.
90.125  Who may sign applications.
90.127  Submission and filing of applications.
90.129  Supplemental information to be routinely submitted with 
          applications.
90.131  Amendment or dismissal of applications.
90.135  Modification of license.
90.137  Applications for operation at temporary locations.
90.138  Applications for itinerant frequencies.
90.139  Commission processing of applications.
90.141  Resubmitted applications.
90.143  Grants of applications.
90.145  Special temporary authority.
90.147  Mailing address furnished by licensee.
90.149  License term.
90.151  Requests for waiver.
90.153  Transfer or assignment of station authorization.
90.155  Time in which station must be placed in operation.
90.157  Discontinuance of station operation.
90.159  Temporary and conditional permits.

  Special Rules Governing Facilities Used To Provide Commercial Mobile 
                             Radio Services

90.160  Public notice.
90.161  Amendment or dismissal of applications.
90.162  Agreements to dismiss applications, amendments, or pleadings.
90.163  Petitions to deny, responsive pleadings.
90.164  Classification of filings as major or minor.
90.165  Procedures for mutually exclusive applications.
90.166  Grants of applications.
90.167  Time in which a station must commence service.
90.168  Equal employment opportunities.
90.169  Construction prior to grant of application.

       Subpart H--Policies Governing the Assignment of Frequencies

90.171  Scope.
90.173  Policies governing the assignment of frequencies.
90.175  Frequency coordination requirements.
90.176  Coordinator notification requirements on frequencies below 512 
          MHz.
90.177  Protection of certain radio receiving locations.
90.179  Shared use of radio stations.
90.185  Multiple licensing of radio transmitting equipment in the mobile 
          radio service.
90.187  Trunking in the bands between 150 and 512 MHz.

                 Subpart I--General Technical Standards

90.201  Scope.
90.203  Type acceptance required.
90.205  Power and antenna height limits.

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90.207  Types of emissions.
90.209  Bandwidth limitations.
90.210  Emission masks.
90.211  Modulation requirements.
90.212  Provisions relating to the use of scrambling devices and digital 
          voice modulation.
90.213  Frequency stability.
90.214  Transient frequency behavior.
90.215  Transmitter measurements.
90.217  Exemption from technical standards.
90.219  Use of signal boosters.

          Subpart J--Non-Voice and Other Specialized Operations

90.231  Scope.
90.233  Base/mobile non-voice operations.
90.235  Secondary fixed signaling operations.
90.237  Interim provisions for operation of radioteleprinter and 
          radiofacsimile devices.
90.238  Telemetry operations.
90.239  [Reserved]
90.241  Radio call box operations.
90.242  Travelers' information stations.
90.243  Mobile relay stations.
90.245  Fixed relay stations.
90.247  Mobile repeater stations.
90.249  Control stations.
90.250  Meteor burst communications.

     Subpart K--Standards for Special Frequencies or Frequency Bands

90.251  Scope.
90.253  Use of frequency 5167.5 kHz.
90.255  [Reserved]
90.257  Assignment and use of frequencies in the band 72-76 MHz.
90.259  Assignment and use of frequencies in the bands 216-220 MHz and 
          1427-1435 MHz.
90.261  Assignment and use of the frequencies in the band 450-470 MHz 
          for fixed operations.
90.263  Substitution of frequencies below 25 MHz.
90.264  Disaster communications between 2 and 10 MHz.
90.265  Assignment and use of frequencies in the bands 169-172 MHz and 
          406-413 MHz.
90.266  Long distance communications on frequencies below 25 MHz.
90.267  Assignment and use of frequencies in the 450-470 MHz band for 
          low-power use.
90.269  Use of frequencies for self-powered vehicle detectors.
90.273  Availability and use of frequencies in the 421-430 MHz band.
90.275  Selection and assignment of frequencies in the 421-430 MHz band.
90.279  Power limitations applicable to the 421-430 MHz band.
90.281  Restrictions on operational fixed stations in the 421-430 MHz 
          band.
90.283   [Reserved]

    Subpart L--Authorization in the Band 470-512 MHz (UHF-TV Sharing)

90.301  Scope.
90.303  Availability of frequencies.
90.305  Location of stations.
90.307  Protection criteria.
90.309  Tables and figures.
90.311  Frequencies.
90.313  Frequency loading criteria.
90.315  Special provisions governing use of frequencies in the 476-494 
          MHz band (TV Channels 15, 16, 17) in the Southern Louisiana-
          Texas Offshore Zone.
90.317  Fixed ancillary signaling and data transmissions.

       Subpart M--Intelligent Transportation Systems Radio Service

90.350  Scope.
90.351  Location and Monitoring Service.
90.353  LMS operations in the 902-928 MHz band.
90.355  LMS operations below 512 MHz.
90.357  Frequencies for LMS systems in the 902-928 MHz band.
90.359  Field strength limits for EA-licensed LMS systems.
90.361  Interference from part 15 and Amateur operations.
90.363  Grandfathering provisions for existing AVM licensees.
90.365  Partitioned licenses and disaggregated spectrum.

                    Subpart N--Operating Requirements

90.401  Scope.
90.403  General operating requirements.
90.405  Permissible communications.
90.407  Emergency communications.
90.411  Civil defense communications.
90.415  Prohibited uses.
90.417  Interstation communication.
90.419  Points of communication.
90.421  Operation of mobile units in vehicles not under the control of 
          the licensee.
90.423  Operation on board aircraft.
90.425  Station identification.
90.427  Precautions against unauthorized operation.
90.429  Control point and dispatch point requirements.
90.431  Unattended operation.
90.433  Operator requirements.
90.437  Posting station licenses.
90.439  Inspection of stations.
90.441  Inspection and maintenance of antenna structure marking and 
          associated control equipment.
90.443  Content of station records.
90.445  Form of station records.
90.447  Retention of station records.
90.449  Answers to official communications and notices of violation.

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                     Subpart O--Transmitter Control

90.460  Scope.
90.461  Direct and remote control of transmitters.
90.463  Transmitter control points.
90.465  Control of systems of communication.
90.467  Dispatch points.
90.469  Unattended operation.

                  Internal Transmitter Control Systems

90.471  Points of operation in internal transmitter control systems.
90.473  Operation of internal transmitter control systems through 
          licensed fixed control points.
90.475  Operation of internal transmitter control systems in specially 
          equipped systems.

                         Interconnected Systems

90.476  Interconnection of fixed stations and certain mobile stations.
90.477  Interconnected systems.
90.483  Permissible methods and requirements of interconnecting private 
          and public systems of communications.

                      Subpart P--Paging Operations

90.490  One-way paging operations in the private services.
90.492  One-way paging operations in the 806-824/851-869 MHz and 896-
          901/935-940 MHz bands.
90.493  Paging operations on exclusive channels in the 929-930 MHz band.
90.494  Paging operations on shared channels in the 929-930 MHz band.

                   Subpart Q--Developmental Operation

90.501  Scope.
90.503  Eligibility.
90.505  Showing required.
90.507  Limitations on use.
90.509  Frequencies available for assignment.
90.511  Interference.
90.513  Special provisions.
90.515  Change or cancellation of authorization without hearing.
90.517  Report of operation.

                  Subpart R--Frequency List  [Reserved]

Subpart S--Regulations Governing Licensing and Use of Frequencies in the 
            806-824, 851-869, 896-901, and 935-940 MHz Bands

90.601  Scope.

                     Application for Authorizations

90.603  Eligibility.
90.605  Forms to be used.
90.607  Supplemental information to be furnished by applicants for 
          facilities under this subpart.
90.609  Special limitations on amendment of applications for assignment 
          or transfer of authorizations for radio systems above 800 MHz.

Policies Governing the Processing of Applications and the Selection and 
 Assignment of Frequencies for Use in the 806-824 MHz, 851-869 MHz, 896-
                     901 MHz, and 935-940 MHz Bands

90.611  Processing of applications.
90.613  Frequencies available.
90.615  Spectrum blocks available in the General Category for 800 MHz 
          SMR General Category.
90.617  Frequencies in the 809.750-824/854.750-869 MHz, and 896-901/935-
          940 MHz bands available for trunked or conventional system use 
          in non-border areas.
90.619  Frequencies available for use in the U.S./Mexico and U.S./Canada 
          border areas.
90.621  Selection and assignment of frequencies.
90.623  Limitations on the number of frequencies assignable for 
          conventional systems.
90.625  Other criteria to be applied in assigning channels for use in 
          conventional systems of communication.
90.627  Limitation on the number of frequency pairs that may be 
          assignable for trunked systems and on the number of trunked 
          systems.
90.629  Extended implementation period.
90.631  Trunked systems loading, construction and authorization 
          requirements.
90.633  Conventional systems loading requirements.

 Technical Regulations Regarding the Use of Frequencies in the 806-824 
          MHz, 851-869 MHz, 896-901 MHz, and 935-940 MHz Bands

90.635  Limitations on power and antenna height.
90.637  Restrictions on operational fixed stations.
90.645  Permissible operations.
90.647  Station identification.
90.651  Supplemental reports required of licensees authorized under this 
          subpart.
90.653  Number of systems authorized in a geographical area.
90.655  Special licensing requirements for Specialized Mobile Radio 
          systems.
90.656  Responsibilities of base station licensees of Specialized Mobile 
          Radio systems.
90.657  Temporary permit.
90.658  Loading data required for base station licensees of trunked 
          Specialized Mobile Radio systems to acquire additional

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          channels or to renew trunked systems licensed before June 1, 
          1993.
90.659  Change in number or location of base stations or transmitters.

Policies Governing the Licensing and Use of MTA-Based SMR Systems in the 
                        896-901/935-940 MHz Band

90.661  MTA-based SMR service areas.
90.663  MTA-based SMR system operations.
90.665  Authorization, construction and implementation of MTA licenses.
90.667  Grandfathering provisions for incumbent licensees.
90.669  Emission limits.
90.671  Field strength limits.

Policies Governing the Licensing and Use of EA-Based SMR Systems in the 
                          806-821/851-866 Band

90.681  EA-based SMR service areas.
90.683  EA-based SMR system operations.
90.685  Authorization, construction and implementation of EA licenses.
90.687  Special provisions regarding assignments and transfers of 
          authorizations for incumbent SMR licensees in the 806-821/851-
          866 MHz band.
90.689  Field strength limits.
90.691  Emission mask requirements for EA-based systems.
90.693  Grandfathering provisions for incumbent licensees.
90.699  Transition of the upper 200 channels in the 800 MHz band to EA 
          licensing.

Subpart T--Regulations Governing Licensing and Use of Frequencies in the 
                            220-222 MHz Band

90.701  Scope.
90.703  Eligibility.
90.705  Forms to be used.
90.709  Special limitations on amendment of applications and on 
          assignment or transfer of authorizations licensed under this 
          subpart.
90.711  Processing of Phase II applications.
90.713  Entry criteria.
90.715  Frequencies available.
90.717  Channels available for nationwide systems in the 220-222 MHz 
          band.
90.719  Individual channels available for assignment in the 220-222 MHz 
          band.
90.720  Channels available for public safety/mutual aid.
90.721  Other channels available for non-nationwide systems in the 220-
          222 MHz band.
90.723  Selection and assignment of frequencies.
90.725  Construction requirements for Phase I licensees.
90.727  Extended implementation schedules for Phase I licensees.
90.729  Limitations on power and antenna height.
90.733  Permissible operations.
90.735  Station identification.
90.737  Supplemental reports required of Phase I licensees.
90.739  Number of systems authorized in a geographical area.
90.741  Urban areas for Phase I nationwide systems.
90.743  Renewal expectancy.
90.745  Phase I licensee service areas.
90.751  Minor modifications of Phase I, non-nationwide licenses.
90.753  Conditions of license modification.
90.755  Procedures for license modification.
90.757  Construction requirements.

 Policies Governing the Licensing and Use of Phase II EA, Regional and 
                           Nationwide Systems

90.761  EA and Regional licenses.
90.763  EA, Regional and nationwide system operations.
90.765   Licenses term for Phase II licenses.
90.767  Construction and implementation of EA and Regional licenses.
90.769  Construction and implementation of Phase II nationwide licenses.
90.771  Field strength limits.

Subpart U--Competitive Bidding Procedures for 900 MHz Specialized Mobile 
                              Radio Service

90.801  900 MHz SMR subject to competitive bidding.
90.802  Competitive bidding design for 900 MHz SMR licensing.
90.803  Competitive bidding mechanisms.
90.804  Aggregation of 900 MHz SMR licenses.
90.805  Withdrawal, default and disqualification payments.
90.806  Bidding application (FCC Form 175 and 175-S Short-form).
90.807  Submission of upfront payments and down payments.
90.808  Long-form applications.
90.809  License grant, denial, default, and disqualification.
90.810  Bidding credits for small businesses.
90.811  Reduced down payment for licenses won by small businesses.
90.812  Installment payments for licenses won by small businesses.
90.813  Partitioned licenses and disaggregated spectrum.
90.814  Definitions.
90.815  Eligibility for small business status.
90.816  Criteria for comparative 900 MHz SMR renewal proceedings.

Subpart V--Competitive Bidding Procedures for 800 MHz Specialized Mobile 
                              Radio Service

90.901  800 MHz SMR spectrum subject to competitive bidding.

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90.902  Competitive bidding design for 800 MHz SMR licensing.
90.903  Competitive bidding mechanisms.
90.904  Aggregation of EA licenses.
90.905  Withdrawal, default and disqualification payments.
90.906  Bidding application (FCC Form 175 and 175-S Short-form).
90.907  Submission of upfront payments and down payments.
90.908  Long-form applications.
90.909  License grant, denial, default, and disqualification.
90.910  Bidding credits.
90.911  Partitioned licenses and disaggregated spectrum.
90.912  Definitions.
90.913  Eligibility for small business status.

    Subpart W--Competitive Bidding Procedures for the 220 MHz Service

90.1001  220 MHz service subject to competitive bidding.
90.1003  Competitive bidding design for the 220 MHz service.
90.1005  Competitive bidding mechanisms.
90.1007  Withdrawal, default and disqualification payments.
90.1009  Bidding application (FCC Form 175 and 175-S Short-form).
90.1011  Submission of upfront payments and down payments.
90.1013  Long-form application (FCC Form 601).
90.1015  License grant, denial, default, and disqualification.
90.1017  Bidding credits for small businesses and very small businesses.
90.1019  Partitioning and disaggregation.
90.1021  Definitions concerning competitive bidding process.
90.1023  Certifications, disclosures, records maintenance and audits.
90.1025  Petitions to deny and limitations on settlements.

 Subpart X--Competitive Bidding Procedures for Location and Monitoring 
                                 Service

90.1101  Location and Monitoring Service subject to competitive bidding.
90.1103  Designated entities.

    Authority: Secs. 4, 251-2, 303, 309, and 332, 48 Stat. 1066, 1082, 
as amended; 47 U.S.C. 154, 251-2, 303, 309 and 332, unless otherwise 
noted.

    Source: 43 FR 54791, Nov. 22, 1978, unless otherwise noted.



                     Subpart A--General Information



Sec. 90.1  Basis and purpose.

    (a) Basis. The rules in this part are promulgated under Title III 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. All rules in this part are in 
accordance with applicable treaties and agreements to which the United 
States is a party.
    (b) Purpose. This part states the conditions under which radio 
communications systems may be licensed and used in the Public Safety, 
Special Emergency, Industrial, Land Transportation, and Radiolocation 
Radio Services. These rules do not govern radio systems employed by 
agencies of the Federal Government.



Sec. 90.5  Other applicable rule parts.

    Other Commission rule parts of importance that may be referred to 
with respect to licensing and operations in radio services governed 
under this part include the following:
    (a) Part 0 of the Commission's Rules describes the Commission's 
organization and delegations of authority. This part also lists 
available Commission publications, and standards and procedures for 
access to Commission records, and location of Commission Field Offices.
    (b) Part 1 of this chapter includes rules of practice and procedure 
for application signature requirements, adjudicatory proceedings 
including hearing proceedings, and rule making proceedings; procedures 
for reconsideration and review of the Commission's actions; provisions 
concerning violation notices and forfeiture proceedings; and the 
environmental processing requirements that, if applicable, must be 
complied with prior to initiating construction.
    (c) Part 2 contains the table of frequency allocations and special 
requirements in International regulations, agreements, and treaties. 
This part also contains standards and procedures concerning marketing of 
radio frequency devices, and for obtaining equipment certification.
    (d) Part 5 contains standards and procedures for obtaining 
experimental authorizations.

[[Page 253]]

    (e) Part 15 provides for the operation of incidental and restricted 
radio frequency devices that do not require an individual license.
    (f) Part 17 contains detailed requirements for construction, 
marking, and lighting of antenna towers.
    (g) Part 18 deals with the operation of industrial, scientific, and 
medical (ISM) devices that are not intended for radio communication,
    (h) Part 20 of this chapter contains rules relating to commercial 
mobile radio services.
    (i) Part 20 of this chapter which governs commercial mobile radio 
service applicable to certain providers in the following services in 
this part:
    (1) Business radio service;
    (2) Private paging;
    (3) Land mobile service on 220-222 MHz;
    (4) Specialized Mobile Radio Service.
    (j) Part 22 contains regulations for public (common carrier) mobile 
radio services.
    (k) Part 51 contains rules relating to interconnection.
    (l) Part 68 contains technical standards for connection of private 
land mobile radio equipment to the public switched telephone network.
    (m) Part 94 governs licensing and operation of private operational-
fixed radio stations on frequencies in the microwave spectrum above 928 
MHz.

[43 FR 54791, Nov. 22, 1978, as amended at 50 FR 39677, Sept. 30, 1985; 
55 FR 20398, May 16, 1990; 58 FR 21407, Apr. 21, 1993; 59 FR 18499, Apr. 
19, 1994; 59 FR 59957, Nov. 21, 1994; 61 FR 45635, Aug. 29, 1996; 63 FR 
36608, July 7, 1998]

    Effective Date Note:  At 63 FR 36608, July 7, 1998, Sec. 90.5 was 
amended in paragraph (c) by removing the term ``type acceptance and type 
approval'' and adding in its place ``certification'', effective Oct. 5, 
1998.



Sec. 90.7  Definitions.

    Antenna height above average terrain (AAT). Height of the center of 
the radiating element of the antenna above the average terrain. (See 
Sec. 90.309(a)(4) for calculation method.)
    Antenna height above sea level. The height of the topmost point of 
the antenna above mean sea level.
    Antenna structure. Structure on which an antenna is mounted.
    Assigned frequency. Center of a frequency band assigned to a 
station.
    Assigned frequency band. The frequency band the center of which 
coincides with the frequency assigned to the station and the width of 
which equals the necessary bandwidth plus twice the absolute value of 
the frequency tolerance.
    Authorized bandwidth. The frequency band, specified in kilohertz and 
centered on the carrier frequency containing those frequencies upon 
which a total of 99 percent of the radiated power appears, extended to 
include any discrete frequency upon which the power is at least 0.25 
percent of the total radiated power.
    Automobile emergency licensee. Persons regularly engaged in any of 
the following activities who operate radio stations for transmission of 
communications required for dispatching repair trucks, tow trucks, or 
other road service vehicles to disabled vehicles:
    (1) The operation of a private emergency road service for disabled 
vehicles by associations of owners of private automobiles; or
    (2) The business of providing to the general public an emergency 
road service for disabled vehicles.
    Average terrain. The average elevation of terrain between 3.2 and 16 
km (2 and 10 miles) from the antenna site.
    Base station. A station at a specified site authorized to 
communicate with mobile stations.
    Basic trading areas. Service areas that 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

[[Page 254]]

BTA-like service area consists of all other municipios in Puerto Rico.
    Carrier frequency. The frequency of an unmodulated electromagnetic 
wave.
    Channel loading. The number of mobile transmitters authorized to 
operate on a particular channel within the same service area.
    Control point. Any place from which a transmitter's functions may be 
controlled.
    Control station. An Operational Fixed Station, the transmissions of 
which are used to control automatically the emissions or operation of 
another radio station at a specified location.
    Conventional radio system. A method of operation in which one or 
more radio frequency channels are assigned to mobile and base stations 
but are not employed as a trunked group. An ``urban-conventional 
system'' is one whose transmitter site is located within 24 km (15 
miles) of the geographic center of any of the first 50 urbanized areas 
(ranked by population) of the United States. A ``sub-urban-conventional 
system'' is one whose transmitter site is located more than 24 km (15 
miles) from the geographic center of the first 50 urbanized areas. See 
Table 21, Rank of Urbanized Areas in the United States by Population, 
page 1-87, U.S. Census (1970); and table 1 of Sec. 90.635.
    Developmental operation. A specially licensed operation for the 
purpose of testing concepts in the use of radio appropriate to the radio 
services governed by this part.
    Dispatch point. Any place from which radio messages can be 
originated under the supervision of a control point.
    EA-based or EA license. A license authorizing the right to use a 
specified block of SMR or LMS spectrum within one of the 175 Economic 
Areas (EAs) as defined by the Department of Commerce Bureau of Economic 
Analysis. The EA Listings and the EA Map are available for public 
inspection at the Wireless Telecommunications Bureau's public reference 
room, Room 5608, 2025 M Street, NW, Washington, DC 20554 and Office of 
Operations--Gettysburg, 1270 Fairfield Road, Gettysburg, PA 17325.
    Economic Areas (EAs). A total of 175 licensing regions based on the 
United States Department of Commerce Bureau of Economic Analysis 
Economic Areas defined as of February 1995, with the following 
exceptions:
    (1) Guam and Northern Mariana Islands are licensed as a single EA-
like area (identified as EA 173 in the 220 MHz Service);
    (2) Puerto Rico and the U.S. Virgin Islands are licensed as a single 
EA-like area (identified as EA 174 in the 220 MHz Service); and
    (3) American Samoa is licensed as a single EA-like area (identified 
as EA 175 in the 220 MHz Service).
    Effective radiated power (ERP). The power supplied to an antenna 
multiplied by the relative gain of the antenna in a given direction.
    Emergency medical licensee. Persons or entities engaged in the 
provision of basic or advanced life support services on an ongoing basis 
that operate radio stations for transmission of communications essential 
for the delivery or rendition of emergency medical services for the 
provision of basic or advanced life support.
    Film and video production licensee. Persons primarily engaged in or 
providing direct technical support to the production, videotaping, or 
filming of motion pictures or television programs, such as movies, 
programs, news programs, special events, educational programs, or 
training films, regardless of whether the productions are prepared 
primarily for final exhibition at theatrical outlets or on television or 
for distribution through other mass communications outlets.
    Fire licensee. Any territory, possession, state, city, county, town, 
or similar governmental entity, and persons or organizations charged 
with specific fire protection activities that operate radio stations for 
transmission of communications essential to official fire activities.
    Fixed relay station. A station at a specified site used to 
communicate with another station at another specified site.
    Forest products licensee. Persons primarily engaged in tree logging, 
tree farming, or related woods operations, including related hauling 
activities, if the hauling activities are performed under contract to, 
and exclusively for, persons engaged in woods operations or

[[Page 255]]

engaged in manufacturing lumber, plywood, hardboard, or pulp and paper 
products from wood fiber.
    Forward links. Transmissions in the frequency bands specified in 
Sec. 90.357(a) and used to control and interrogate the mobile units to 
be located by multilateration LMS systems.
    Frequency coordination. The process of obtaining the recommendation 
of a frequency coordinator for a frequency(ies) that will most 
effectively meet the applicant's needs while minimizing interference t 
licensees already operating within a given frequency band.
    Frequency coordinator. An entity or organization that has been 
certified by the Commission to recommend frequencies for use by 
licensees in the Private Land Mobile Radio Services.
    Geographic center. The geographic center of an urbanized area is 
defined by the coordinates given at table 1 of Sec. 90.635.
    Geophysical telemetry. Telemetry involving the simultaneous 
transmission of seismic data from numerous locations to a central 
receiver and digital recording unit.
    Harmful interference. For the purposes of resolving conflicts 
between stations operating under this part, any emission, radiation, or 
induction which specifically degrades, obstructs, or interrupts the 
service provided by such stations.
    Interconnection. Connection through automatic or manual means of 
private land mobile radio stations with the facilities of the public 
switched telephone network to permit the transmission of messages or 
signals between points in the wireline or radio network of a public 
telephone company and persons served by private land mobile radio 
stations. Wireline or radio circuits or links furnished by common 
carriers, which are used by licensees or other authorized persons for 
transmitter control (including dial-up transmitter control circuits) or 
as an integral part of an authorized, private, internal system of 
communication or as an integral part of dispatch point circuits in a 
private land mobile radio station are not considered to be 
interconnection for purposes of this rule part.
    Internal system. An internal system of communication is one in which 
all messages are transmitted between the fixed operating positions 
located on premises controlled by the licensee and the associated mobile 
stations or paging receivers of the licensee. (See subpart O).
    Itinerant operation. Operation of a radio station at unspecified 
locations for varying periods of time.
    Land mobile radio service. A mobile service between base stations 
and land mobile stations, or between land mobile stations.
    Land mobile radio system. A regularly interacting group of base, 
mobile and associated control and fixed relay stations intended to 
provide land mobile radio communications service over a single area of 
operation.
    Land station. A station in the mobile service not intended to be 
used while in motion. [As used in this part, the term may be used to 
describe a base, control, fixed, operational fixed or fixed relay 
station, or any such station authorized to operate in the ``temporary'' 
mode.]
    Line A. An imaginary line within the U.S., approximately paralleling 
the U.S.-Canadian border, north of which Commission coordination with 
Canadian authorities in the assignment of frequencies is generally 
required. It begins at Aberdeen, Washington, running by great circle arc 
to the intersection of 48 deg. N., 120 deg. W., then along parallel 
48 deg. N., to the intersection of 95 deg. W., thence by great circle 
arc through the southern most point of Duluth, Minn., thence by great 
circle arc to 45 deg. N., 85 deg. W., thence souuthward along meridian 
85 deg. W., to its intersection with parallel 41 deg. N., thence along 
parallel 41 deg. N. to its intersection with meridian . . . 82 deg. W., 
thence by great circle arc through the southernmost point of Bangor, 
Maine, thence by great circle arc through the southernmost point of 
Searsport, Maine, at which point it terminates.
    Line C. An imaginary line in Alaska approximately paralleling the 
border with Canada, East of which Commission coordination with Canadian 
authorities in the assignment of frequencies is generally required. It 
begins at the intersection of 70 deg. N., 144 deg. W., thence by great 
circle arc to the intersection of 60 deg. N., 143 deg. W., thence

[[Page 256]]

by great circle arc so as to include all the Alaskan Panhandle.
    Location and Monitoring Service (LMS). The use of non-voice 
signaling methods to locate or monitor mobile radio units. LMS systems 
may transmit and receive voice and nonvoice status and instructional 
information related to such units.
    Major trading areas. Service areas based on the Rand McNally 1992 
Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with 
the following exceptions and additions:
    (a) Alaska is separated from the Seattle MTA and is licensed 
separately.
    (b) Guam and the Northern Mariana Islands are licensed as a single 
MTA-like area.
    (c) Puerto Rico and the United States Virgin Islands are licensed as 
a single MTA-like area.
    (d) American Samoa is licensed as a single MTA-like area.
    Manufacturers licensee. Persons primarily engaged in any of the 
following manufacturing activities:
    (1) The mechanical or chemical transformation of substances into new 
products within such establishments as plants, factories, shipyards, or 
mills which employ, in that process, powerdriven machines and materials-
handling equipment;
    (2) The assembly of components of manufactured products within such 
establishments as plants, factories, shipyards, or mills where the new 
product is neither a new structure nor other fixed improvement. 
Establishments primarily engaged in the wholesale or retail trade, or in 
service activities, even though they fabricate or assemble any or all 
the products or commodities handled, are not included in this category; 
or
    (3) The providing of supporting services or materials by a 
corporation to its parent corporation, to another subsidiary of its 
parent or to its own subsidiary, where such supporting services or 
materials are directly related to those regular activities of such 
parent or subsidiary which are eligible under paragraphs (1) or (2) of 
this definition.
    Meteor burst communications. Communications by the propagation of 
radio signals reflected off ionized meteor trails.
    Mobile relay station. A base station in the mobile service 
authorized to retransmit automatically on a mobile service frequency 
communications which originate on the transmitting frequency of the 
mobile station.
    Mobile repeater station. A mobile station authorized to retransmit 
automatically on a mobile service frequency, communications to or from 
hand-carried transmitters.
    Mobile service. A service of radiocommunication between mobile and 
base 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. This includes 
hand carried transmitters.
    Motor carrier licensee. Persons primarily engaged in providing a 
common or contract motor carrier transportation service in any of the 
following activities: Provided, however, that motor vehicles used as 
taxicabs, livery vehicles, or school buses, and motor vehicles used for 
sightseeing or special charter purposes, shall not be included within 
the meaning of this term. For purposes of this definition, an urban area 
is defined as being one or more contiguous, incorporated or 
unincorporated cities, boroughs, towns, or villages, having an aggregate 
population of 2,500 or more persons.
    (1) The transportation of passengers between urban areas;
    (2) The transportation of property between urban areas;
    (3) The transportation of passengers within a single urban area; or
    (4) The transportation, local distribution or collection of property 
within a single urban area.
    MTA-based license or MTA license. A license authorizing the right to 
use a specified block of SMR spectrum within one of the 51 Major Trading 
Areas (``MTAs''), as embodied in Rand McNally's Trading Area System MTA 
Diskette and geographically represented in the map contained in Rand 
McNally's Commercial Atlas & Marketing Guide (the ``MTA Map.'') The MTA 
Listings, the MTA Map and the

[[Page 257]]

Rand McNally/AMTA license agreement are available for public inspection 
at the Wireless Telecommunications Bureau's public reference room, Room 
628, 1919 M Street NW., Washington, DC 20554.
    Multilateration LMS system. A system that is designed to locate 
vehicles or other objects by measuring the difference of time of 
arrival, or difference in phase, of signals transmitted from a unit to a 
number of fixed points or from a number of fixed points to the unit to 
be located.
    Navigable waters. This term, as used in reference to waters of the 
United States, its territories and possessions, means the waters 
shoreward of the baseline of its territorial sea and internal waters as 
contained in 33 CFR 2.05-25.
    900 MHz SMR MTA-based license or MTA license. A license authorizing 
the right to use a specified block of 900 MHz SMR spectrum within one of 
the 47 Major Trading Areas (``MTAs''), as embodied in Rand McNally's 
Trading Areas System MTA Diskette and geographically represented in the 
map contained in Rand McNally's Commercial Atlas & Marketing Guide (the 
``MTA Map''), 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.
    The MTA map is available for public inspection in the Office of 
Engineering and Technology's Technical Information Center, room 7317, 
2025 M Street NW., Washington, DC.
    Non-multilateration LMS System. A system that employs any of a 
number of non-multilateration technologies to transmit information to 
and/or from vehicular units.
    Operational fixed station. A fixed station, not open to public 
correspondence, operated by, and for the sole use of those agencies 
operating their own radiocommunication facilities in the Public Safety, 
Industrial, Land Transportation, Marine, or Aviation Radio Services. 
(This includes all stations in the fixed service under this part.)
    Output power. The radio frequency output power of a transmitter's 
final radio frequency stage as measured at the output terminal while 
connected to a load of the impedance recommended by the manufacturer.
    Paging. A one-way communications service from a base station to 
mobile or fixed receivers that provide signaling or information transfer 
by such means as tone, tone-voice, tactile, optical readout, etc.
    Person. An individual, partnership, association, joint stock 
company, trust or corporation.
    Petroleum licensee. Persons primarily engaged in prospecting for, 
producing, collecting, refining, or transporting by means of pipeline, 
petroleum or petroleum products (including natural gas).
    Police licensee. Any territory, possession, state, city, county, 
town, or similar governmental entity including a governmental 
institution authorized by law to provide its own police protection that 
operate radio stations for transmission of communications essential to 
official police activities.
    Power licensee. Persons primarily engaged in any of the following 
activities:
    (1) The generation, transmission, or distribution of electrical 
energy for use by the general public or by the members of a cooperative 
organization;
    (2) The distribution of manufactured or natural gas by means of pipe 
line, for use by the general public or by the members of a cooperative 
organization, or, in a combination of that activity with the production, 
transmission or storage of manufactured or natural gas preparatory to 
such distribution;
    (3) The distribution of steam by means of pipeline or, of water by 
means of pipeline, canal, or open ditch, for use by the general public 
or by the members of a cooperative organization, or in a combination of 
that activity with the collection, transmission, storage, or 
purification of water or the generation of steam preparatory to such 
distribution; or

[[Page 258]]

    (4) The providing of a supporting service by a corporation directly 
related to activities of its parent corporation, of another subsidiary 
of the same parent, or of its own subsidiary, where the party served is 
regularly engaged in any of the activities set forth in this definition.
    Private carrier. An entity licensed in the private services and 
authorized to provide communications service to other private services 
on a commercial basis.
    Radio call box. A transmitter used by the public to request fire, 
police, medical, road service, or other emergency assistance.
    Radiodetermination. The determination of position, or the obtaining 
of information relating to position, by means of the propagation of 
radio waves.
    Radiofacsimile. A system of radiocommunication for the transmission 
of fixed images, with or without half-tones, with a view to their 
reproduction in a permanent form.
    Radiolocation. Radiodetermination used for purposes other than those 
of radionavigation.
    Radionavigation. Radiodetermination used for the purposes of 
navigation, including obstruction warning.
    Radio teleprinting. Radio transmissions to a printing telegraphic 
instrument having a signal-actuated mechanism for automatically printing 
received messages.
    Railroad licensee. Railroad common carriers which are regularly 
engaged in the transportation of passengers or property when such 
passengers or property are transported over all or part of their route 
by railroad.
    Regional Economic Area Groupings (REAGs). The six geographic areas 
for Regional licensing in the 220-222 MHz band, based on the United 
States Department of Commerce Bureau of Economic Analysis Economic Areas 
(see 60 FR 13114 (March 10, 1995)) defined as of February 1995, and 
specified as follows:
    REAG 1 (Northeast): REAG 1 consists of the following EAs: EA 001 
(Bangor, ME) through EA 011 (Harrisburg-Lebanon-Carlisle, PA); and EA 
054 (Erie, PA).
    REAG 2 (Mid-Atlantic): REAG 2 consists of the following EAs: EA 012 
(Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD) through EA 026 
(Charleston-North Charleston, SC); EA 041 (Greenville-Spartanburg-
Anderson, SC-NC); EA 042 (Asheville, NC); EA 044 (Knoxville, TN) through 
EA 053 (Pittsburgh, PA-WV); and EA 070 (Louisville, KY-IN).
    REAG 3 (Southeast): REAG 3 consists of the following EAs: EA 027 
(Augusta-Aiken, GA-SC) through EA 040 (Atlanta, GA-AL-NC); EA 043 
(Chattanooga, TN-GA); EA 069 (Evansville-Henderson, IN-KY-IL); EA 071 
(Nashville, TN-KY) through EA 086 (Lake Charles, LA); EA 088 
(Shreveport-Bossier City, LA-AR) through EA 090 (Little Rock-North 
Little Rock, AR); EA 095 (Jonesboro, AR-MO); EA 096 (St. Louis, MO-IL); 
and EA 174 (Puerto Rico and the U.S. Virgin Islands).
    REAG 4 (Great Lakes): REAG 4 consists of the following EAs: EA 055 
Cleveland-Akron, OH-PA) through EA 068 (Champaign-Urbana, IL); EA 097 
(Springfield, IL-MO); and EA 100 (Des Moines, IA-IL-MO) through EA 109 
(Duluth-Superior, MN-WI).
    REAG 5 (Central/Mountain): REAG 5 consists of the following EAs: EA 
087 (Beaumont-Port Arthur, TX); EA 091 (Forth Smith, AR-OK) through EA 
094 (Springfield, MO); EA 098 (Columbia, MO); EA 099 (Kansas City, MO-
KS); EA 110 (Grand Forks, ND-MN) through EA 146 (Missoula, MT); EA 148 
(Idaho Falls, ID-WY); EA 149 (Twin Falls, ID); EA 152 (Salt Lake City-
Ogden, UT-ID); and EA 154 (Flagstaff, AZ-UT) through EA 159 (Tucson, 
AZ).
    REAG 6 (Pacific): REAG 6 consists of the following EAs: EA 147 
(Spokane, WA-ID); EA 150 (Boise City, ID-OR); EA 151 (Reno, NV-CA); EA 
153 (Las Vegas, NV-AZ-UT); EA 160 (Los Angeles-Riverside-Orange County, 
CA-AZ) through EA 173 (Guam and the Northern Mariana Islands); and EA 
175 (American Samoa).
    Regional license. A license authorizing the right to use a specified 
block of 220-222 MHz spectrum within one of six Regional Economic Area 
Groupings (REAGs).
    Relay press licensee. Persons primarily engaged in the publication 
of a newspaper or in the operation of an established press association.

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    Secondary operation. Radio communications which may not cause 
interference to operations authorized on a primary basis and which are 
not protected from interference from those primary operations.
    Signal booster. A device at a fixed location which automatically 
receives, amplifies, and retransmits on a one-way or two-way basis, the 
signals received from base, fixed, mobile, and portable stations, with 
no change in frequency or authorized bandwidth. A signal booster may be 
either narrowband (Class A), in which case the booster amplifies only 
those discrete frequencies intended to be retransmitted, or broadband 
(Class B), in which case all signals within the passband of the signal 
booster filter are amplified.
    Special industrial licensee. Persons regularly engaged in any of the 
following activities:
    (1) The operation of farms, ranches, or similar land areas, for the 
quantity production of crops or plants; vines or trees (excluding 
forestry operations); or for the keeping, grazing or feeding of 
livestock for animal products, animal increase, or value enhancement;
    (2) Plowing, soil conditioning, seeding, fertilizing, or harvesting 
for agricultural activities;
    (3) Spraying or dusting of insecticides, herbicides, or fungicides, 
in areas other than enclosed structures;
    (4) Livestock breeding service;
    (5) The operation of a commercial business regularly engaged in the 
construction of roads, bridges, sewer systems, pipelines, airfields, or 
water, oil, gas, or power production, collection, or distribution 
systems. The construction of buildings is not included in this category;
    (6) The operation of mines for the recovery of solid fuels, 
minerals, metal, rock, sand and gravel from the earth or the sea, 
including the exploration for and development of mining properties;
    (7) Maintaining, patrolling or repairing gas or liquid transmission 
pipelines, tank cars, water or waste disposal wells, industrial storage 
tanks, or distribution systems of public utilities;
    (8) Acidizing, cementing, logging, perforating, or shooting 
activities, and services of a similar nature incident to the drilling of 
new oil or gas wells, or the maintenance of production from established 
wells;
    (9) Supplying chemicals, mud, tools, pipe, and other materials or 
equipment unique to the petroleum and gas production industry, as the 
primary activity of the applicant if delivery, installation or 
application of these materials requires the use of specifically fitted 
conveyances;
    (10) The delivery of ice or fuel to the consumer for heating, 
lighting, refrigeration or power generation purposes, by means other 
than pipelines or railroads when such products are not to be resold 
following their delivery; or
    (11) The delivery and pouring of ready mixed concrete or hot asphalt 
mix.
    Specialized Mobile Radio system. A radio system in which licensees 
provide land mobile communications services (other than radiolocation 
services) in the 800 MHz and 900 MHz bands on a commercial basis to 
entities eligible to be licensed under this part, Federal Government 
entities, and individuals.
    SMSA (Standard Metropolitan Statistical Area). A city of 50,000 or 
more population and the surrounding counties.
    Station authorization. A license issued by the Commission for the 
operation of a radio station.
    Taxicab licensee. Persons regularly engaged in furnishing to the 
public for hire a nonscheduled passenger land transportation service 
(which may also include the occasional transport of small items of 
property) not operated over a regular route or between established 
terminals.
    Telecommand. The transmission of non voice signals for the purpose 
of remotely controlling a device.
    Telemetering (also telemetry). The transmission of non-voice signals 
for the purpose of automatically indicating or recording measurements at 
a distance from the measuring instrument.
    Telephone maintenance licensee. Communications common carriers 
engaged in the provision of landline local exchange telephone service, 
or interexchange communications service, or who provide wire-telegraph 
service, and

[[Page 260]]

radio communications common carriers authorized in the Point-to-Point 
Microwave Radio Service under part 21 of this chapter. Resellers that do 
not own or control transmission facilities is not included in this 
category.
    Travelers' information station. A base station in the Local 
Government Radio Service used to transmit non-commercial, voice 
information pertaining to traffic and road conditions, traffic hazard 
and traveler advisories, directions, availability of lodging, rest 
stops, and service stations, and descriptions of local points of 
interest.
    Trunk (telephony). A one or two-way channel provided as a common 
traffic artery between switching equipment.
    Trunk group. All of the trunks of a given type of characteristic 
that extend between two switching points.
    Trunked radio system. A method of operation in which a number of 
radio frequency channel pairs are assigned to mobile and base stations 
in the system for use as a trunk group.
    220 MHz service. The radio service for the licensing of frequencies 
in the 220-222 MHz band.
    Urbanized area. A city and the surrounding closely settled 
territories.

[43 FR 54791, Nov. 22, 1978]

    Editorial Note: For Federal Register citations affecting Sec. 90.7, 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.



                   Subpart B--Public Safety Radio Pool

    Source: 62 FR 18845, Apr. 17, 1997, unless otherwise noted.



Sec. 90.15  Scope.

    The Public Safety Radio Pool covers the licensing of the radio 
communications of governmental entities and the following category of 
activities: Medical services, rescue organizations, veterinarians, 
persons with disabilities, disaster relief organizations, school buses, 
beach patrols, establishments in isolated places, communications standby 
facilities, and emergency repair of public communications facilities. 
Entities not meeting these eligibility criteria may also be licensed in 
the Public Safety Radio Pool solely to provide service to eligibles on 
one-way paging-only frequencies below 800 MHz, i.e., those frequencies 
with the assignment limitations appearing at Sec. 90.20(d)(13) or 
(d)(60). Private carrier systems licensed on other channels prior to 
June 1, 1990, may continue to provide radio communications service to 
eligibles. Rules as to eligibility for licensing, frequencies available, 
permissible communications and classes and number of stations, and any 
special requirements are set forth in the following sections.



Sec. 90.16  Public Safety National Plan.

    The Commission has established a National Plan which specifies 
special policies and procedures governing the Public Safety Pool 
(formally Public Safety Radio Services and the Special Emergency Radio 
Service). The National Plan is contained in the Report and Order in 
General Docket No. 87-112. The principal spectrum resource for the 
National Plan is the 821-824 MHz and the 866-869 MHz bands. The National 
plan establishes planning regions covering all parts of the United 
States, Puerto Rico, and the U.S. Virgin Islands. No assignments will be 
made in the 821-824 MHz and 866-869 MHz bands until a regional plan for 
the area has been accepted by the Commission.



Sec. 90.20  Public Safety Pool.

    (a) Eligibility. The following are eligible to hold authorizations 
in the Public Safety Pool.
    (1) Any territory, possession, state, city, county, town or similar 
governmental entity is eligible to hold authorizations in the Public 
Safety Pool to operate radio stations for transmission of communications 
essential to official activities of the licensee, including:
    (i) A district and an authority, but not including a school district 
or authority or a park district or authority except as provided for in 
Sec. 90.242;
    (ii) A governmental institution authorized by law to provide its own 
police protection;
    (iii) Persons or entities engaged in the provision of basic or 
advanced life support services on an ongoing basis

[[Page 261]]

are eligible to hold authorization to operate stations for transmission 
of communications essential for the delivery or rendition of emergency 
medical services for the provision of basic or advanced life support. 
Applications submitted by persons or organizations (governmental or 
otherwise) other than the governmental body having jurisdiction over the 
state's emergency medical service plans must be accompanied by a 
statement prepared by the governmental body having jurisdiction over the 
state's emergency medical services plan indicating that the applicant is 
included in the state's emergency plan or otherwise supporting the 
application;
    (iv) Governmental entities and governmental agencies for their own 
medical activities; and
    (v) Governmental entities and governmental agencies for providing 
medical services communications to other eligible persons through direct 
participation in and direct operational control of the system, such as 
through central dispatch service.
    (2) Persons or organizations other than governmental entities are 
eligible to hold authorizations in the Public Safety Pool to operate 
radio stations for transmission of communications, as listed below. When 
requesting frequencies not designated by a ``PS'' in the coordinator 
column of the frequency table in paragraph (c)(3) of this section, 
applications must be accompanied by a statement from the governmental 
entity having legal jurisdiction over the area to be served, supporting 
the request:
    (i) Persons or organizations charged with specific fire protection 
activities;
    (ii) Persons or organizations charged with specific forestry-
conservation activities;
    (iii) Persons or organizations, listed below, engaged in the 
delivery or rendition of medical services to the public and on a 
secondary basis, for transmission of messages related to the efficient 
administration of organizations and facilities engaged in medical 
services operations:
    (A) Hospital establishments that offer services, facilities, and 
beds for use beyond 24 hours in rendering medical treatment;
    (B) Institutions and organizations regularly engaged in providing 
medical services through clinics, public health facilities, and similar 
establishments;
    (C) Ambulance companies regularly engaged in providing medical 
ambulance services;
    (D) Rescue organizations for the limited purpose of participation in 
providing medical services;
    (E) Associations comprised of two or more of the organizations 
eligible under paragraph (a)(2)(iii) (A), (B), (C), and (D) of this 
section, for the purpose of active participation in and direct 
operational control of the medical services communication activities of 
such organizations; or
    (F) Physicians, schools of medicine, oral surgeons, and associations 
of physicians or oral surgeons;
    (iv) Persons or organizations operating a rescue squad for 
transmission of messages pertaining to the safety of life or property 
and urgent messages necessary for the rendition of an efficient 
emergency rescue service.
    (A) Each rescue squad will normally be authorized to operate one 
base station, and a number of mobile units (excluding hand carried 
mobile units) not exceeding the number of vehicles actually used in 
emergency rescue operations.
    (B) In addition, each rescue squad will be authorized to operate a 
number of hand carried mobile units not exceeding two such units for 
each radio equipped vehicle actually used in emergency rescue 
operations.
    (v) Persons with disabilities. The initial application from a person 
claiming eligibility under this paragraph shall be accompanied by a 
statement from a physician attesting to the condition of the applicant 
or the applicant's child (or ward in case of guardianship).
    (A) Any person having a hearing deficiency such that average hearing 
threshold levels are 90 dB above ANSI (American National Standards 
Institute) 1969 or ISO (International Standards Organization) 1964 
levels and such other persons who submit medical certification of 
similar hearing deficiency.
    (B) Any person having visual acuity corrected to no better than 20/
200 in the better eye or having a field of vision of less than 20 
degrees.

[[Page 262]]

    (C) Any person, who, through loss of limbs or motor function, is 
confined to a wheelchair, or is non-ambulatory.
    (D) Any person actively awaiting an organ transplant.
    (E) Parents or guardians of persons under 18 years eligible under 
paragraphs (a)(2)(v)(A), (a)(2)(v)(B), (a)(2)(v)(C) of this section, or 
institutions devoted to the care or training of those persons.
    (vi) A veterinarian, veterinary clinic, or a school of veterinary 
medicine for the transmission of messages pertaining to the care and 
treatment of animals. Each licensee may be authorized to operate one 
base station and two mobile units. Additional base stations or mobile 
units will be authorized only on a showing of need.
    (vii) Organizations established for disaster relief purposes having 
an emergency radio communications plan for the transmission of 
communications relating to the safety of life or property, the 
establishment and maintenance of temporary relief facilities, and the 
alleviation of the emergency situation during periods of actual or 
impending emergency, or disaster, and until substantially normal 
conditions are restored. In addition, the stations may be used for 
training exercises, incidental to the emergency communications plan, and 
for operational communications of the disaster relief organization or 
its chapter affiliates. The initial application from a disaster relief 
organization shall be accompanied by a copy of the charter or other 
authority under which the organization was established and a copy of its 
communications plan. The plan shall fully describe the operation of the 
radio facilities and describe the method of integration into other 
communications facilities which normally would be available to assist in 
the alleviation of the emergency condition.
    (viii) Persons or organizations operating school buses on a regular 
basis over regular routes for the transmission of messages pertaining to 
either the efficient operation of the school bus service or the safety 
or general welfare of the students they are engaged in transporting. 
Each school bus operator may be authorized to operate one base station 
and a number of mobile units not in excess of the total of the number of 
buses and maintenance vehicles regularly engaged in the school bus 
operation. Additional base stations or mobile units will be authorized 
only in exceptional circumstances when the applicant can show a specific 
need.
    (ix) Persons or organizations operating beach patrols having 
responsibility for life-saving activities for the transmission of 
messages required for the safety of life or property.
    (x) Persons or organizations maintaining establishment in isolated 
areas where public communications facilities are not available and where 
the use of radio is the only feasible means of establishing 
communication with a center of population, or other point from which 
emergency assistance might be obtained if needed, for the transmission 
of messages only during an actual or impending emergency endangering 
life, health or property for the transmission of essential 
communications arising from the emergency. The transmission of routine 
or non-emergency communications is strictly prohibited.
    (A) Special eligibility showing. The initial application requesting 
a station authorization for an establishment in an isolated area shall 
be accompanied by a statement describing the status of public 
communication facilities in the area of the applicant's establishment; 
the results of any attempts the applicant may have made to obtain public 
communication service, and; in the event radio communications service is 
to be furnished under paragraph (a)(2)(x)(C)(2) of this section, a copy 
of the agreement involved must be submitted.
    (B) Class and number of stations available. Persons or organizations 
in this category may be authorized to operate not more than one fixed 
station at any isolated establishment and not more than one fixed 
station in a center of population.
    (C) Communication service rendered and received. (1) The licensee of 
a station at any establishment in an isolated area shall make the 
communication facilities of such station available at no charge to any 
person desiring the transmission of any communication

[[Page 263]]

permitted by paragraph (a) of this section.
    (2) For the purpose of providing the communications link desired the 
licensee of a station at an establishment in an isolated area either may 
be the licensee of a similar station at another location or may obtain 
communication service under a mutual agreement from the licensee of any 
station in the Public Safety Pool or any other station which is 
authorized to communicate with the fixed station.
    (xi) A communications common carrier operating communications 
circuits that normally carry essential communication of such a nature 
that their disruption would endanger life or public property is eligible 
to hold authorizations for standby radio facilities for the transmission 
of messages only during periods when the normal circuits are inoperative 
due to circumstances beyond the control of the user. During such periods 
the radio facilities may be used to transmit any communication which 
would be carried by the regular circuit. Initial applications for 
authorization to operate a standby radio facility must include a 
statement describing radio communication facilities desired, the 
proposed method of operation, a description of the messages normally 
being carried, and an explanation of how their disruption will endanger 
life or public property.
    (xii) Communications common carriers for radio facilities to be used 
in effecting expeditious repairs to interruption of public 
communications facilities where such interruptions have resulted in 
disabling intercity circuits or service to a multiplicity of subscribers 
in a general area. Stations authorized under this section may be used 
only when no other means of communication is readily available, for the 
transmission of messages relating to the safety of life and property and 
messages which are necessary for the efficient restoration of the public 
communication facilities which have been disrupted.
    (xiii) Persons or entities engaged in the provision of basic or 
advanced life support services on an ongoing basis are eligible to hold 
authorization to operate stations for transmission of communications 
essential for the delivery or rendition of emergency medical services 
for the provision of basic or advanced life support. Applications 
submitted by persons or organizations (governmental or otherwise) other 
than the governmental body having jurisdiction over the state's 
emergency medical service plans must be accompanied by a statement 
prepared by the governmental body having jurisdiction over the state's 
emergency medical services plan indicating that the applicant is 
included in the state's emergency plan or otherwise supporting the 
application.
    (b) International police radiocommunication. Police licensees which 
are located in close proximity to the borders of the United States may 
be authorized to communicate internationally. Request for such authority 
shall be written and signed and submitted in duplicate. The request 
shall include information as to the station with which communication 
will be conducted, and the frequency, power, emission, etc., that will 
be used. If authorized, such international communication must be 
conducted in accordance with Article 5 of the Inter-American Radio 
Agreement, Washington, DC, 1949, which reads as follows:

    Article 5. Police radio stations. When the American countries 
authorize their police radio stations to exchange emergency information 
by radio with similar stations of another country, the following rules 
shall be applied.
    (a) Only police radio stations located close to the boundaries of 
contiguous countries shall be allowed to exchange this information.
    (b) In general, only important police messages shall be handled, 
such as those which would lose their value, because of slowness and time 
limitations if sent on other communication systems.
    (c) Frequencies used for radiotelephone communications with mobile 
police units shall not be used for radiotelegraph communications.
    (d) Radiotelephone communications shall be conducted only on 
frequencies assigned for radiotelephony.
    (e) Radiotelegraph communications shall be conducted on the 
following frequencies: 2804 kHz calling, 2808 kHz working, 2812 kHz 
working, 5195 kHz day calling, 5185 kHz day working, 5140 kHz day 
working.
    (f) The characteristics of police radio stations authorized to 
exchange information

[[Page 264]]

shall be notified to the International Telecommunication Union, Geneva, 
Switzerland.
    (g) The abbreviations contained in Appendix 9 of the Atlantic City 
Radio Regulations shall be used to the greatest possible extent. Service 
indications are as follows: ``P'', priority, for messages that are to be 
sent immediately, regardless of the number of other messages on file. If 
no service indication is given, the messages are to be transmitted in 
the order of receipt.
    (h) The message shall contain the preamble, address, text and 
signature, as follows:
    Preamble. The preamble of the message shall consist of the 
following: The serial number preceded by the letters ``NR'', service 
indications, as appropriate; the group count according to standard cable 
count system; the letters ``CK'', followed by numerals indicating the 
number of words contained in the text of the message: Office and country 
of origin (not abbreviations): Day, month, and hour of filing;
    Address. The address must be as complete as possible and shall 
include the name of the addressee with any supplementary particulars 
necessary for immediate delivery of the message;
    Text. The text may be either in plain language or code;
    Signature. The signature shall include the name and title of the 
person originating the message.

    (c) Public Safety frequencies. (1) The following table indicates 
frequencies available for assignment to Public Safety stations, together 
with the class of station(s) to which they are normally assigned, the 
specific assignment limitations which are explained in paragraph (d) of 
this section, and the certified frequency coordinator for each 
frequency:
    (2)(i) The letter symbol(s) listed in the Coordinator column of the 
frequency table in paragraph (c)(3) of this section specifies the 
frequency coordinator(s) for each frequency as follows:

PF--Fire Coordinator
PH--Highway Maintenance Coordinator
PM--Emergency Medical Coordinator
PO--Forestry-Conservation Coordinator
PP--Police Coordinator
PS--Special Emergency Coordinator
PX--Any Public Safety Coordinator, except the Special Emergency 
Coordinator

    (ii) Frequencies without any coordinator specified may be 
coordinated by any coordinator certified in the Public Safety Pool.
    (3) Frequencies.

                   Public Safety Pool Frequency Table
------------------------------------------------------------------------
                                   Class of
      Frequency or band           station(s)    Limitations  Coordinator
------------------------------------------------------------------------
                                Kilohertz
------------------------------------------------------------------------
530..........................  ...............  1..........  PX
1610.........................  Base (T.I.S.)..  1..........  PX
1630.........................  Base or mobile.  ...........  PF
1722.........................  ......do.......  2, 3.......  PP
1730.........................  ......do.......  2, 3.......  PP
2212.........................  ......do.......  4..........  PO
2226.........................  ......do.......  4..........  PO
2236.........................  ......do.......  4..........  PO
2244.........................  ......do.......  4..........  PO
2366.........................  ......do.......  2, 4.......  PP
2382.........................  ......do.......  2..........  PP
2390.........................  ......do.......  2, 4.......  PP
2406.........................  ......do.......  2..........  PP
2430.........................  ......do.......  2..........  PP
2442.........................  ......do.......  2..........  PP
2450.........................  ......do.......  2..........  PP
2458.........................  ......do.......  2..........  PP
2482.........................  ......do.......  2..........  PP
2490.........................  ......do.......  2, 3.......  PP
2726.........................  ......do.......  5..........  PX, PS
3201.........................  ......do.......  ...........  PS
2000 to 3000.................  Fixed..........  75.........  PS
2000 to 10,000...............  Fixed, base, or  6..........  PX
                                mobile.
------------------------------------------------------------------------
                                Megahertz
------------------------------------------------------------------------
30.86........................  Base or mobile.  7..........  PO
30.90........................  ......do.......  7..........  PO
30.94........................  ......do.......  7..........  PO
30.98........................  ......do.......  7..........  PO
31.02........................  ......do.......  7..........  PO
31.06........................  ......do.......  7, 8, 9....  PO
31.10........................  ......do.......  7, 8, 9....  PO
31.14........................  ......do.......  7, 8, 9....  PO
31.18........................  ......do.......  8, 9.......  PO
31.22........................  ......do.......  8, 9.......  PO
31.26........................  ......do.......  8, 9.......  PO
31.30........................  ......do.......  8, 9.......  PO
31.34........................  ......do.......  8, 9.......  PO
31.38........................  ......do.......  8, 9.......  PO
31.42........................  ......do.......  8, 9.......  PO
31.46........................  ......do.......  8, 9.......  PO
31.50........................  ......do.......  8, 9.......  PO
31.54........................  ......do.......  8, 9.......  PO
31.58........................  ......do.......  8, 9.......  PO
31.62........................  ......do.......  8, 9.......  PO
31.66........................  ......do.......  8, 9.......  PO
31.70........................  ......do.......  8, 9.......  PO
31.74........................  ......do.......  8, 9.......  PO
31.78........................  ......do.......  8, 9.......  PO
31.82........................  ......do.......  8, 9.......  PO
31.86........................  ......do.......  8, 9.......  PO
31.90........................  ......do.......  8, 9.......  PO
31.94........................  ......do.......  8, 9.......  PO
31.98........................  ......do.......  8, 9.......  PO
33.02........................  ......do.......  10.........  PH, PS
33.04........................  ......do.......  ...........  PS
33.06........................  ......do.......  10.........  PH, PS
33.08........................  ......do.......  ...........  PS
33.10........................  ......do.......  10.........  PH, PS
33.42........................  Mobile or fixed  11.........  PF
33.44........................  Base or mobile.  ...........  PF
33.46........................  Mobile.........  ...........  PF
33.48........................  Base or mobile.  ...........  PF
33.50........................  Mobile.........  ...........  PF
33.52........................  Base or mobile.  ...........  PF
33.54........................  Mobile.........  ...........  PF
33.56........................  Base or mobile.  ...........  PF

[[Page 265]]

 
33.58........................  Mobile.........  ...........  PF
33.60........................  Base or mobile.  ...........  PF
33.62........................  Mobile.........  ...........  PF
33.64........................  Base or mobile.  ...........  PF
33.66........................  Mobile.........  ...........  PF
33.68........................  Base or mobile.  ...........  PF
33.70........................  ......do.......  ...........  PF
33.72........................  ......do.......  ...........  PF
33.74........................  ......do.......  ...........  PF
33.76........................  ......do.......  ...........  PF
33.78........................  ......do.......  ...........  PF
33.80........................  ......do.......  ...........  PF
33.82........................  ......do.......  ...........  PF
33.84........................  ......do.......  ...........  PF
33.86........................  ......do.......  ...........  PF
33.88........................  ......do.......  ...........  PF
33.90........................  ......do.......  ...........  PF
33.92........................  ......do.......  ...........  PF
33.94........................  ......do.......  ...........  PF
33.96........................  ......do.......  ...........  PF
33.98........................  ......do.......  ...........  PF
35.02........................  Mobile.........  12.........  PS
35.64........................  Base...........  13.........  PS
35.68........................  ......do.......  13.........  PS
37.02........................  Mobile.........  ...........  PP
37.04........................  Base or mobile.  ...........  PP
37.06........................  ......do.......  ...........  PP
37.08........................  ......do.......  ...........  PP
37.10........................  ......do.......  ...........  PX
37.12........................  ......do.......  ...........  PP
37.14........................  ......do.......  ...........  PP
37.16........................  ......do.......  ...........  PP
37.18........................  ......do.......  ...........  PX
37.20........................  ......do.......  ...........  PP
37.22........................  ......do.......  ...........  PP
37.24........................  ......do.......  ...........  PP
37.26........................  ......do.......  ...........  PX
37.28........................  ......do.......  ...........  PP
37.30........................  ......do.......  ...........  PP
37.32........................  ......do.......  ...........  PP
37.34........................  Mobile.........  ...........  PP
37.36........................  Base or mobile.  ...........  PP
37.38........................  Mobile.........  ...........  PP
37.40........................  Base or mobile.  ...........  PP
37.42........................  Mobile.........  ...........  PP
37.90........................  Base or mobile.  10.........  PH, PS
37.92........................  ......do.......  ...........  PH
37.94........................  ......do.......  10.........  PH, PS
37.96........................  ......do.......  ...........  PH
37.98........................  ......do.......  10.........  PH, PS
39.02........................  ......do.......  ...........  PP
39.04........................  ......do.......  ...........  PP
39.06........................  ......do.......  14.........  PX
39.08........................  ......do.......  ...........  PP
39.10........................  ......do.......  ...........  PX
39.12........................  ......do.......  ...........  PP
39.14........................  ......do.......  ...........  PP
39.16........................  ......do.......  ...........  PP
39.18........................  ......do.......  ...........  PX
39.20........................  ......do.......  ...........  PP
39.22........................  ......do.......  ...........  PP
39.24........................  ......do.......  ...........  PP
39.26........................  Mobile.........  ...........  PP
39.28........................  Base or mobile.  ...........  PP
39.30........................  Mobile.........  ...........  PP
39.32........................  Base or mobile.  ...........  PP
39.34........................  Mobile.........  ...........  PP
39.36........................  Base or mobile.  ...........  PP
39.38........................  Mobile.........  ...........  PP
39.40........................  Base or mobile.  ...........  PP
39.42........................  ......do.......  ...........  PP
39.44........................  ......do.......  ...........  PP
39.46........................  ......do.......  15.........  PP
39.48........................  ......do.......  ...........  PP
39.50........................  ......do.......  ...........  PX
39.52........................  ......do.......  ...........  PP
39.54........................  ......do.......  ...........  PP
39.56........................  ......do.......  ...........  PP
39.58........................  ......do.......  ...........  PX
39.60........................  ......do.......  ...........  PP
39.62........................  ......do.......  ...........  PP
39.64........................  ......do.......  ...........  PP
39.66........................  Mobile.........  ...........  PP
39.68........................  Base or mobile.  ...........  PP
39.70........................  Mobile.........  ...........  PP
39.72........................  Base or mobile.  ...........  PP
39.74........................  Mobile.........  ...........  PP
39.76........................  Base or mobile.  ...........  PP
39.78........................  Mobile.........  ...........  PP
39.80........................  Base or mobile.  ...........  PP
39.82........................  ......do.......  ...........  PX
39.84........................  ......do.......  ...........  PP
39.86........................  ......do.......  ...........  PP
39.88........................  ......do.......  ...........  PP
39.90........................  ......do.......  ...........  PX
39.92........................  ......do.......  ...........  PP
39.94........................  ......do.......  ...........  PP
39.96........................  ......do.......  ...........  PP
39.98........................  ......do.......  ...........  PX
42.02........................  ......do.......  2, 3, 16...  PP
42.04........................  ......do.......  2, 3, 16...  PP
42.06........................  ......do.......  2, 3, 16...  PP
42.08........................  ......do.......  2, 3, 16...  PP
42.10........................  ......do.......  2, 3, 16...  PP
42.12........................  ......do.......  2, 3, 16...  PP
42.14........................  ......do.......  2, 3, 16...  PP
42.16........................  ......do.......  2, 3, 16...  PP
42.18........................  Mobile.........  2, 16......  PP
42.20........................  ......do.......  2, 16......  PP
42.22........................  ......do.......  2, 16......  PP
42.24........................  ......do.......  2, 16......  PP
42.26........................  ......do.......  2, 16......  PP
42.28........................  ......do.......  2, 16......  PP
42.30........................  ......do.......  2, 16......  PP
42.32........................  Base or mobile.  2, 3, 16...  PP
42.34........................  ......do.......  2, 3, 16...  PP
42.36........................  ......do.......  2, 3, 16...  PP
42.38........................  ......do.......  2, 3, 16...  PP
42.40........................  ......do.......  2, 3, 16,    PP
                                                 27.
42.42........................  ......do.......  2, 3, 16...  PP
42.44........................  ......do.......  2, 3, 16...  PP
42.46........................  ......do.......  2, 3, 16...  PP
42.48........................  ......do.......  2, 3, 16...  PP
42.50........................  ......do.......  2, 3, 16...  PP
42.52........................  ......do.......  2, 3, 16...  PP
42.54........................  ......do.......  2, 3, 16...  PP
42.56........................  ......do.......  2, 3, 16...  PP
42.58........................  ......do.......  2, 3, 16...  PP
42.60........................  ......do.......  2, 3, 16...  PP
42.62........................  ......do.......  2, 3, 16...  PP
42.64........................  ......do.......  2, 3, 16...  PP
42.66........................  Mobile.........  2, 16......  PP
42.68........................  ......do.......  2, 16......  PP
42.70........................  ......do.......  2, 16......  PP
42.72........................  ......do.......  2, 16......  PP
42.74........................  ......do.......  2, 16......  PP
42.76........................  ......do.......  2, 16......  PP
42.78........................  ......do.......  2, 16......  PP
42.80........................  Base or mobile.  13.........  PP

[[Page 266]]

 
42.82........................  ......do.......  2, 3, 16...  PP
42.84........................  ......do.......  2, 3, 16...  PP
42.86........................  ......do.......  2, 3, 16...  PP
42.88........................  ......do.......  2, 3, 16...  PP
42.90........................  ......do.......  2, 3, 16...  PP
42.92........................  ......do.......  2, 3, 16...  PP
42.94........................  ......do.......  2, 3, 16...  PP
43.64........................  Base...........  13, 18.....  PS
43.68........................  ......do.......  13.........  PS
44.62........................  Base or mobile.  2, 3, 16...  PP
44.64........................  ......do.......  ...........  PO
44.66........................  ......do.......  2, 3, 16...  PP
44.68........................  ......do.......  ...........  PO
44.70........................  ......do.......  2, 3, 16...  PP
44.72........................  ......do.......  ...........  PO
44.74........................  ......do.......  2, 3, 16...  PP
44.76........................  ......do.......  ...........  PO
44.78........................  Mobile.........  2, 16......  PP
44.80........................  Base or mobile.  ...........  PO
44.82........................  Mobile.........  2, 16......  PP
44.84........................  Base or mobile.  ...........  PO
44.86........................  Mobile.........  2, 16......  PP
44.88........................  Base or mobile.  ...........  PO
44.90........................  Mobile.........  2, 16......  PP
44.92........................  Base or mobile.  ...........  PO
44.94........................  ......do.......  2, 3, 16...  PP
44.96........................  ......do.......  ...........  PO
44.98........................  ......do.......  2, 3, 16...  PP
45.00........................  ......do.......  ...........  PO
45.02........................  ......do.......  2, 3, 16...  PP
45.04........................  ......do.......  ...........  PO
45.06........................  ......do.......  2, 3, 16...  PP
45.08........................  ......do.......  ...........  PX
45.10........................  ......do.......  ...........  PP
45.12........................  ......do.......  ...........  PX
45.14........................  ......do.......  ...........  PP
45.16........................  ......do.......  ...........  PX
45.18........................  ......do.......  ...........  PP
45.20........................  ......do.......  ...........  PX
45.22........................  ......do.......  ...........  PP
45.24........................  ......do.......  ...........  PX
45.26........................  Mobile.........  ...........  PP
45.28........................  Base or mobile.  ...........  PX
45.30........................  Mobile.........  ...........  PP
45.32........................  Base or mobile.  ...........  PX
45.34........................  Mobile.........  ...........  PP
45.36........................  Base or mobile.  ...........  PX
45.38........................  Mobile.........  ...........  PP
45.40........................  Base or mobile.  ...........  PX
45.42........................  ......do.......  ...........  PP
45.44........................  ......do.......  ...........  PX
45.46........................  ......do.......  ...........  PP
45.48........................  ......do.......  ...........  PX
45.50........................  ......do.......  ...........  PP
45.52........................  ......do.......  ...........  PX
45.54........................  ......do.......  ...........  PP
45.56........................  ......do.......  ...........  PX
45.58........................  ......do.......  ...........  PP
45.60........................  ......do.......  ...........  PX
45.62........................  ......do.......  ...........  PP
45.64........................  ......do.......  ...........  PX
45.66........................  ......do.......  ...........  PP
45.68........................  ......do.......  ...........  PH
45.70........................  ......do.......  ...........  PP
45.72........................  ......do.......  ...........  PH
45.74........................  Mobile.........  ...........  PP
45.76........................  Base or mobile.  ...........  PH
45.78........................  Mobile.........  ...........  PP
45.80........................  Base or mobile.  ...........  PH
45.82........................  Mobile.........  ...........  PP
45.84........................  Base or mobile.  ...........  PH
45.86........................  ......do.......  15.........  PP
45.88........................  ......do.......  19.........  PF
45.90........................  ......do.......  20.........  PP
45.92........................  ......do.......  10.........  PS
45.94........................  ......do.......  ...........  PP
45.96........................  ......do.......  10.........  PS
45.98........................  ......do.......  ...........  PP
46.00........................  ......do.......  10.........  PS
46.02........................  ......do.......  ...........  PP
46.04........................  ......do.......  10.........  PS
46.06........................  ......do.......  ...........  PF
46.08........................  ......do.......  ...........  PF
46.10........................  ......do.......  ...........  PF
46.12........................  ......do.......  ...........  PF
46.14........................  ......do.......  ...........  PF
46.16........................  ......do.......  ...........  PF
46.18........................  ......do.......  ...........  PF
46.20........................  ......do.......  ...........  PF
46.22........................  Mobile.........  ...........  PF
46.24........................  ......do.......  ...........  PF
46.26........................  ......do.......  ...........  PF
46.28........................  ......do.......  ...........  PF
46.30........................  Mobile or fixed  11.........  PF
46.32........................  Mobile.........  ...........  PF
46.34........................  ......do.......  ...........  PF
46.36........................  Base or mobile.  ...........  PF
46.38........................  ......do.......  ...........  PF
46.40........................  ......do.......  ...........  PF
46.42........................  ......do.......  ...........  PF
46.44........................  ......do.......  ...........  PF
46.46........................  ......do.......  ...........  PF
46.48........................  ......do.......  ...........  PF
46.50........................  ......do.......  ...........  PF
46.52........................  ......do.......  ...........  PX
46.54........................  ......do.......  ...........  PX
46.56........................  ......do.......  ...........  PX
46.58........................  ......do.......  ...........  PX
47.02........................  ......do.......  21, 22.....  PH
47.04........................  ......do.......  21, 22.....  PH
47.06........................  ......do.......  21, 22.....  PH
47.08........................  ......do.......  21, 22.....  PH
47.10........................  ......do.......  21, 22.....  PH
47.12........................  ......do.......  21, 22.....  PH
47.14........................  ......do.......  21, 22.....  PH
47.16........................  ......do.......  21, 22.....  PH
47.18........................  ......do.......  21, 22.....  PH
47.20........................  ......do.......  21, 22.....  PH
47.22........................  ......do.......  21, 22.....  PH
47.24........................  ......do.......  21, 22.....  PH
47.26........................  ......do.......  21, 22.....  PH
47.28........................  ......do.......  21, 22.....  PH
47.30........................  ......do.......  21, 22.....  PH
47.32........................  ......do.......  21, 22.....  PH
47.34........................  ......do.......  21, 22.....  PH
47.36........................  ......do.......  21, 22.....  PH
47.38........................  ......do.......  21, 22.....  PH
47.40........................  ......do.......  21, 22.....  PH
47.42........................  ......do.......  10, 23.....  PS
47.46........................  ......do.......  10.........  PS
47.50........................  ......do.......  10.........  PS
47.54........................  ......do.......  10.........  PS
47.58........................  ......do.......  10.........  PS
47.62........................  ......do.......  10.........  PS
47.66........................  ......do.......  10.........  PS
72.00 to 76.00...............  Operational      24
                                fixed.
72.44........................  Mobile.........  25.........  PF
72.48........................  ......do.......  25.........  PF
72.52........................  ......do.......  25.........  PF

[[Page 267]]

 
72.56........................  ......do.......  25.........  PF
72.6.........................  ......do.......  25.........  PF
75.44........................  ......do.......  25.........  PF
75.48........................  ......do.......  25.........  PF
75.52........................  ......do.......  25.........  PF
75.56........................  ......do.......  25.........  PF
75.6.........................  ......do.......  25.........  PF
150 to 170...................  Base or mobile.  26
150.775......................  Mobile.........  ...........  PM
150.7825.....................  ......do.......  27.........  PM
150.790......................  ......do.......  ...........  PM
150.7975.....................  ......do.......  ...........  PM
150.805......................  ......do.......  ...........  PM
150.995......................  Base or mobile.  28.........  PH
151.0025.....................  ......do.......  27, 28.....  PH
151.010......................  ......do.......  28.........  PH
151.0175.....................  ......do.......  27, 28.....  PH
151.025......................  ......do.......  28.........  PH
151.0325.....................  ......do.......  27, 28.....  PH
151.040......................  ......do.......  28.........  PH
151.0475.....................  ......do.......  27, 28.....  PH
151.055......................  ......do.......  28.........  PH
151.070......................  ......do.......  28, 30.....  PH
151.085......................  ......do.......  28.........  PH
151.0925.....................  ......do.......  27, 28.....  PH
151.100......................  ......do.......  28.........  PH
151.1075.....................  ......do.......  27, 28.....  PH
151.115......................  ......do.......  28.........  PH
151.1225.....................  ......do.......  27, 28.....  PH
151.130......................  ......do.......  28.........  PH
151.1375.....................  ......do.......  27, 28.....  PH
151.145......................  ......do.......  28.........  PO
151.1525.....................  ......do.......  27, 28.....  PO
151.160......................  ......do.......  28.........  PO
151.1675.....................  ......do.......  27, 28.....  PO
151.175......................  ......do.......  28.........  PO
151.190......................  ......do.......  28, 30.....  PO
151.205......................  ......do.......  28.........  PO
151.2125.....................  ......do.......  27, 28.....  PO
151.220......................  ......do.......  28.........  PO
151.2275.....................  ......do.......  27, 28.....  PO
151.235......................  ......do.......  28.........  PO
151.2425.....................  ......do.......  27, 28.....  PO
151.250......................  ......do.......  28.........  PO
151.2575.....................  ......do.......  27, 28.....  PO
151.265......................  ......do.......  28.........  PO
151.2725.....................  ......do.......  27, 28.....  PO
151.280......................  ......do.......  28.........  PO
151.2875.....................  ......do.......  27, 28.....  PO
151.295......................  ......do.......  28.........  PO
151.310......................  ......do.......  28, 30.....  PO
151.325......................  ......do.......  28.........  PO
151.3325.....................  ......do.......  27, 28.....  PO
151.340......................  ......do.......  28.........  PO
151.3475.....................  ......do.......  27, 28.....  PO
151.355......................  ......do.......  28.........  PO
151.3625.....................  ......do.......  27, 28.....  PO
151.370......................  ......do.......  28.........  PO
151.3775.....................  ......do.......  27, 28.....  PO
151.385......................  ......do.......  28.........  PO
151.3925.....................  ......do.......  27, 28.....  PO
151.400......................  ......do.......  28.........  PO
151.4075.....................  ......do.......  27, 28.....  PO
151.415......................  ......do.......  28.........  PO
151.4225.....................  ......do.......  27, 28.....  PO
151.430......................  ......do.......  28.........  PO
151.4375.....................  ......do.......  27, 28.....  PO
151.445......................  ......do.......  28.........  PO
151.4525.....................  ......do.......  27, 28.....  PO
151.460......................  ......do.......  28.........  PO
151.4675.....................  ......do.......  27, 28.....  PO
151.475......................  ......do.......  28.........  PO
151.4825.....................  ......do.......  27, 28.....  PO
151.490......................  ......do.......  7, 28......  PO
151.4975.....................  ......do.......  7, 27, 28..  PO
152.0075.....................  Base...........  13, 19, 30.  PS
153.740......................  Mobile.........  ...........  PX
153.7475.....................  ......do.......  27.........  PX
153.755......................  ......do.......  ...........  PX
153.7625.....................  ......do.......  27.........  PX
153.770......................  ......do.......  ...........  PF
153.7775.....................  ......do.......  27.........  PF
153.785......................  ......do.......  ...........  PX
153.7925.....................  ......do.......  27.........  PX
153.800......................  ......do.......  ...........  PX
153.8075.....................  ......do.......  27.........  PX
153.815......................  ......do.......  ...........  PX
153.8225.....................  ......do.......  27.........  PX
153.830......................  ......do.......  31.........  PF
153.8375.....................  ......do.......  27, 31.....  PF
153.845......................  ......do.......  ...........  PX
153.8525.....................  ......do.......  27.........  PX
153.860......................  ......do.......  ...........  PX
153.8675.....................  ......do.......  27.........  PX
153.875......................  ......do.......  ...........  PX
153.8825.....................  ......do.......  27.........  PX
153.890......................  ......do.......  ...........  PF
153.8975.....................  ......do.......  27.........  PF
153.905......................  ......do.......  ...........  PX
153.9125.....................  ......do.......  27.........  PX
153.920......................  ......do.......  ...........  PX
153.9275.....................  ......do.......  27.........  PX
153.935......................  ......do.......  ...........  PX
153.9425.....................  ......do.......  27.........  PX
153.950......................  ......do.......  ...........  PF
153.9575.....................  ......do.......  27.........  PF
153.965......................  ......do.......  ...........  PX
153.9725.....................  ......do.......  27.........  PX
153.980......................  ......do.......  ...........  PX
153.9875.....................  ......do.......  27.........  PX
153.995......................  ......do.......  ...........  PX
154.0025.....................  ......do.......  27.........  PX
154.010......................  ......do.......  ...........  PF
154.0175.....................  ......do.......  27.........  PF
154.025......................  Base or mobile.  ...........  PX
154.0325.....................  ......do.......  27.........  PX
154.040......................  ......do.......  28.........  PX
154.0475.....................  ......do.......  27, 28.....  PX
154.055......................  ......do.......  28.........  PX
154.0625.....................  ......do.......  27, 28.....  PX
154.070......................  Mobile.........  28.........  PF
154.0775.....................  ......do.......  27, 28.....  PF
154.085......................  Base or mobile.  28.........  PX
154.0925.....................  ......do.......  27, 28.....  PX
154.100......................  ......do.......  28.........  PX
154.1075.....................  ......do.......  27, 28.....  PX
154.115......................  ......do.......  28.........  PX
154.1225.....................  ......do.......  27, 28.....  PX
154.130......................  ......do.......  28.........  PF
154.1375.....................  ......do.......  27, 28.....  PF
154.145......................  ......do.......  28.........  PF
154.1525.....................  ......do.......  27, 28.....  PF
154.160......................  ......do.......  28.........  PF
154.1675.....................  ......do.......  27, 28.....  PF
154.175......................  ......do.......  28.........  PF
154.1825.....................  ......do.......  27, 28.....  PF
154.190......................  ......do.......  28.........  PF
154.1975.....................  ......do.......  27, 28.....  PF
154.205......................  ......do.......  28.........  PF
154.2125.....................  ......do.......  27, 28.....  PF

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154.220......................  ......do.......  28.........  PF
154.2275.....................  ......do.......  27, 28.....  PF
154.235......................  ......do.......  28.........  PF
154.2425.....................  ......do.......  27, 28.....  PF
154.250......................  ......do.......  28.........  PF
154.2575.....................  ......do.......  27, 28.....  PF
154.265......................  ......do.......  19, 28.....  PF
154.2725.....................  ......do.......  19, 27, 28.  PF
154.280......................  ......do.......  19, 28.....  PF
154.2875.....................  ......do.......  19, 27, 28.  PF
154.295......................  ......do.......  19, 28.....  PF
154.3025.....................  ......do.......  19, 27, 28.  PF
154.310......................  ......do.......  28.........  PF
154.3175.....................  ......do.......  27, 28.....  PF
154.325......................  ......do.......  28.........  PF
154.3325.....................  ......do.......  27, 28.....  PF
154.340......................  ......do.......  28.........  PF
154.3475.....................  ......do.......  27, 28.....  PF
154.355......................  ......do.......  28.........  PF
154.3625.....................  ......do.......  27, 28.....  PF
154.370......................  ......do.......  28.........  PF
154.3775.....................  ......do.......  27, 28.....  PF
154.385......................  ......do.......  28.........  PF
154.3925.....................  ......do.......  27, 28.....  PF
154.400......................  ......do.......  28.........  PF
154.4075.....................  ......do.......  27, 28.....  PF
154.415......................  ......do.......  28.........  PF
154.4225.....................  ......do.......  27, 28.....  PF
154.430......................  ......do.......  28.........  PF
154.4375.....................  ......do.......  27, 28.....  PF
154.445......................  ......do.......  28.........  PF
154.4525.....................  ......do.......  27, 28.....  PF
154.45625....................  Fixed or mobile  32, 33, 34,  PX
                                                 35.
154.46375....................  ......do.......  33, 34, 35,  PX
                                                 36, 37.
154.47125....................  ......do.......  33, 34, 35,  PX
                                                 36.
154.47875....................  ......do.......  33, 34, 35,  PX
                                                 37.
154.650......................  Mobile.........  ...........  PP
154.6575.....................  ......do.......  27.........  PP
154.665......................  Base or mobile.  16.........  PP
154.6725.....................  ......do.......  16, 27.....  PP
154.680......................  ......do.......  16.........  PP
154.6875.....................  ......do.......  16, 27.....  PP
154.695......................  ......do.......  16.........  PP
154.7025.....................  ......do.......  16, 27.....  PP
154.710......................  Mobile.........  ...........  PP
154.7175.....................  ......do.......  27.........  PP
154.725......................  Base or mobile.  ...........  PP
154.7325.....................  ......do.......  27.........  PP
154.740......................  ......do.......  ...........  PP
154.7475.....................  ......do.......  27.........  PP
154.755......................  ......do.......  ...........  PP
154.7625.....................  ......do.......  27.........  PP
154.770......................  Mobile.........  ...........  PP
154.7775.....................  ......do.......  27.........  PP
154.785......................  Base or mobile.  ...........  PP
154.7925.....................  ......do.......  27.........  PP
154.800......................  ......do.......  ...........  PP
154.8075.....................  ......do.......  27.........  PP
154.815......................  ......do.......  ...........  PP
154.8225.....................  ......do.......  27.........  PP
154.830......................  Mobile.........  ...........  PP
154.8375.....................  ......do.......  27.........  PP
154.845......................  Base or mobile.  ...........  PP
154.8525.....................  ......do.......  27.........  PP
154.860......................  ......do.......  ...........  PP
154.8675.....................  ......do.......  27.........  PP
154.875......................  ......do.......  ...........  PP
154.8825.....................  ......do.......  27.........  PP
154.890......................  Mobile.........  ...........  PP
154.8975.....................  ......do.......  27.........  PP
154.905......................  Base or mobile.  16.........  PP
154.9125.....................  ......do.......  16, 27.....  PP
154.920......................  ......do.......  16.........  PP
154.9275.....................  ......do.......  16, 27.....  PP
154.935......................  ......do.......  16.........  PP
154.9425.....................  ......do.......  16, 27.....  PP
154.950......................  Mobile.........  ...........  PP
154.9575.....................  ......do.......  27.........  PP
154.965......................  Base or mobile.  ...........  PX
154.9725.....................  ......do.......  27.........  PX
154.980......................  ......do.......  ...........  PX
154.9875.....................  ......do.......  27.........  PX
154.995......................  ......do.......  ...........  PX
155.0025.....................  ......do.......  27.........  PX
155.010......................  ......do.......  ...........  PP
155.0175.....................  ......do.......  27.........  PP
155.025......................  ......do.......  ...........  PX
155.0325.....................  ......do.......  27.........  PX
155.040......................  ......do.......  ...........  PX
155.0475.....................  ......do.......  27.........  PX
155.055......................  ......do.......  ...........  PX
155.0625.....................  ......do.......  27.........  PX
155.070......................  ......do.......  ...........  PP
155.0775.....................  ......do.......  27.........  PP
155.085......................  ......do.......  ...........  PX
155.0925.....................  ......do.......  27.........  PX
155.100......................  ......do.......  ...........  PX
155.1075.....................  ......do.......  27.........  PX
155.115......................  ......do.......  ...........  PX
155.1225.....................  ......do.......  27.........  PX
155.130......................  ......do.......  ...........  PP
155.1375.....................  ......do.......  27.........  PP
155.145......................  ......do.......  ...........  PX
155.1525.....................  ......do.......  27.........  PX
155.160......................  ......do.......  10.........  PS
155.1675.....................  ......do.......  10, 27.....  PS
155.175......................  ......do.......  10.........  PS
155.1825.....................  ......do.......  10, 27.....  PS
155.190......................  ......do.......  ...........  PP
155.1975.....................  ......do.......  27.........  PP
155.205......................  ......do.......  10.........  PS
155.2125.....................  ......do.......  10, 27.....  PS
155.220......................  ......do.......  10.........  PS
155.2275.....................  ......do.......  10, 27.....  PS
155.235......................  ......do.......  10.........  PS
155.2425.....................  ......do.......  10, 27.....  PS
155.250......................  ......do.......  ...........  PP
155.2575.....................  ......do.......  27.........  PP
155.265......................  ......do.......  10.........  PS
155.2725.....................  ......do.......  10, 27.....  PS
155.280......................  ......do.......  10.........  PS
155.2875.....................  ......do.......  10, 27.....  PS
155.295......................  ......do.......  10.........  PS
155.3025.....................  ......do.......  10, 27.....  PS
155.310......................  ......do.......  ...........  PP
155.3175.....................  ......do.......  27.........  PP
155.325......................  ......do.......  38, 39.....  PM
155.3325.....................  ......do.......  27, 38, 39.  PM
155.340......................  ......do.......  39, 40.....  PM
155.3475.....................  ......do.......  27, 39, 40.  PM
155.355......................  ......do.......  38, 39.....  PM
155.3625.....................  ......do.......  27, 38, 39.  PM
155.370......................  ......do.......  ...........  PP
155.3775.....................  ......do.......  27.........  PP
155.385......................  ......do.......  38, 39.....  PM
155.3925.....................  ......do.......  27, 38, 39.  PM

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155.400......................  ......do.......  38, 39.....  PM
155.4075.....................  ......do.......  27, 38, 39.  PM
155.415......................  ......do.......  ...........  PP
155.4225.....................  ......do.......  27.........  PP
155.430......................  ......do.......  ...........  PP
155.4375.....................  ......do.......  27.........  PP
155.445......................  ......do.......  16.........  PP
155.4525.....................  ......do.......  16, 27.....  PP
155.460......................  ......do.......  16.........  PP
155.4675.....................  ......do.......  16, 27.....  PP
155.475......................  ......do.......  41.........  PP
155.4825.....................  ......do.......  27, 41.....  PP
155.490......................  ......do.......  ...........  PP
155.4975.....................  ......do.......  27.........  PP
155.505......................  ......do.......  16.........  PP
155.5125.....................  ......do.......  16, 27.....  PP
155.520......................  ......do.......  ...........  PP
155.5275.....................  ......do.......  27.........  PP
155.535......................  ......do.......  ...........  PP
155.5425.....................  ......do.......  27.........  PP
155.550......................  ......do.......  ...........  PP
155.5575.....................  ......do.......  27.........  PP
155.565......................  ......do.......  ...........  PP
155.5725.....................  ......do.......  27.........  PP
155.580......................  ......do.......  ...........  PP
155.5875.....................  ......do.......  27.........  PP
155.595......................  ......do.......  ...........  PP
155.6025.....................  ......do.......  27.........  PP
155.610......................  ......do.......  ...........  PP
155.6175.....................  ......do.......  27.........  PP
155.625......................  ......do.......  ...........  PP
155.6325.....................  ......do.......  27.........  PP
155.640......................  ......do.......  ...........  PP
155.6475.....................  ......do.......  27.........  PP
155.655......................  ......do.......  ...........  PP
155.6625.....................  ......do.......  27.........  PP
155.670......................  ......do.......  ...........  PP
155.6775.....................  ......do.......  27.........  PP
155.685......................  ......do.......  ...........  PP
155.6925.....................  ......do.......  27.........  PP
155.700......................  ......do.......  ...........  PP
155.7075.....................  ......do.......  27.........  PP
155.715......................  ......do.......  ...........  PX
155.7225.....................  ......do.......  27.........  PX
155.730......................  ......do.......  ...........  PP
155.7375.....................  ......do.......  27.........  PP
155.745......................  ......do.......  ...........  PX
155.7525.....................  ......do.......  27.........  PX
155.760......................  ......do.......  ...........  PX
155.7675.....................  ......do.......  27.........  PX
155.775......................  ......do.......  ...........  PX
155.7825.....................  ......do.......  27.........  PX
155.790......................  ......do.......  ...........  PP
155.7975.....................  ......do.......  27.........  PP
155.805......................  ......do.......  ...........  PX
155.8125.....................  ......do.......  27.........  PX
155.820......................  ......do.......  ...........  PX
155.8275.....................  ......do.......  27.........  PX
155.835......................  ......do.......  ...........  PX
155.8425.....................  ......do.......  27.........  PX
155.850......................  Mobile.........  ...........  PP
155.8575.....................  ......do.......  27.........  PP
155.865......................  Base or mobile.  ...........  PX
155.8725.....................  ......do.......  27.........  PX
155.880......................  ......do.......  ...........  PX
155.8875.....................  ......do.......  27.........  PX
155.895......................  ......do.......  ...........  PX
155.9025.....................  ......do.......  27.........  PX
155.910......................  Mobile.........  ...........  PP
155.9175.....................  ......do.......  27.........  PP
155.925......................  Base or mobile.  ...........  PX
155.9325.....................  ......do.......  27.........  PX
155.940......................  ......do.......  ...........  PX
155.9475.....................  ......do.......  27.........  PX
155.955......................  ......do.......  ...........  PX
155.9625.....................  ......do.......  27.........  PX
155.970......................  Mobile.........  ...........  PP
155.9775.....................  ......do.......  27.........  PP
155.985......................  ......do.......  ...........  PX
155.9925.....................  ......do.......  27.........  PX
156.000......................  ......do.......  ...........  PX
156.0075.....................  ......do.......  27.........  PX
156.015......................  ......do.......  ...........  PX
156.0225.....................  ......do.......  27.........  PX
156.030......................  ......do.......  ...........  PP
156.0375.....................  ......do.......  27.........  PP
156.045......................  ......do.......  42.........  PH
156.0525.....................  ......do.......  27, 42.....  PH
156.060......................  ......do.......  42.........  PH
156.0675.....................  ......do.......  27, 42.....  PH
156.075......................  ......do.......  ...........  PH
156.0825.....................  ......do.......  27.........  PH
156.090......................  ......do.......  ...........  PP
156.0975.....................  ......do.......  27.........  PP
156.105......................  Base or mobile.  ...........  PH
156.1125.....................  ......do.......  27.........  PH
156.120......................  ......do.......  ...........  PH
156.1275.....................  ......do.......  27.........  PH
156.135......................  ......do.......  ...........  PH
156.1425.....................  ......do.......  27.........  PH
156.150......................  Mobile.........  ...........  PP
156.1575.....................  ......do.......  27.........  PP
156.165......................  Base or mobile.  42, 43.....  PH
156.1725.....................  ......do.......  27, 42, 43.  PH
156.180......................  ......do.......  42, 43.....  PH
156.1875.....................  ......do.......  27, 42, 43.  PH
156.195......................  ......do.......  43.........  PH
156.2025.....................  ......do.......  27, 43.....  PH
156.210......................  ......do.......  ...........  PP
156.2175.....................  ......do.......  27.........  PP
156.225......................  ......do.......  43.........  PH
156.2325.....................  ......do.......  27, 43.....  PH
156.240......................  ......do.......  43.........  PH
156.2475.....................  ......do.......  43, 44.....  PH
157.450......................  ......do.......  13, 45, 30.  PS
158.7225.....................  ......do.......  44.........  PP
158.730......................  ......do.......  ...........  PP
158.7375.....................  ......do.......  27.........  PP
158.745......................  Base and mobile  ...........  PX
158.7525.....................  ......do.......  27.........  PX
158.760......................  ......do.......  ...........  PX
158.7675.....................  ......do.......  27.........  PX
158.775......................  ......do.......  ...........  PX
158.7825.....................  ......do.......  27.........  PX
158.790......................  Base or mobile.  ...........  PP
158.7975.....................  ......do.......  27.........  PP
158.805......................  Base and mobile  ...........  PX
158.8125.....................  ......do.......  27.........  PX
158.820......................  ......do.......  ...........  PX
158.8275.....................  ......do.......  27.........  PX
158.835......................  ......do.......  ...........  PX
158.8425.....................  ......do.......  27.........  PX
158.850......................  Base or mobile.  ...........  PP
158.8575.....................  ......do.......  27.........  PP
158.865......................  Mobile.........  ...........  PX
158.8725.....................  ......do.......  27.........  PX
158.880......................  ......do.......  ...........  PX
158.8875.....................  ......do.......  27.........  PX

[[Page 270]]

 
158.895......................  ......do.......  ...........  PX
158.9025.....................  ......do.......  27.........  PX
158.910......................  ......do.......  ...........  PP
158.9175.....................  ......do.......  27.........  PP
158.925......................  ......do.......  ...........  PX
158.9325.....................  ......do.......  27.........  PX
158.940......................  ......do.......  ...........  PX
158.9475.....................  ......do.......  27.........  PX
158.955......................  ......do.......  ...........  PX
158.9625.....................  ......do.......  27.........  PX
158.970......................  ......do.......  ...........  PP
158.9775.....................  ......do.......  27.........  PP
158.985......................  ......do.......  43.........  PH
158.9925.....................  ......do.......  27, 43.....  PH
159.000......................  ......do.......  43.........  PH
159.0075.....................  ......do.......  27, 43.....  PH
159.015......................  ......do.......  43.........  PH
159.0225.....................  ......do.......  27, 43.....  PH
159.030......................  ......do.......  ...........  PP
159.0375.....................  ......do.......  27.........  PP
159.045......................  ......do.......  43.........  PH
159.0525.....................  ......do.......  27, 43.....  PH
159.060......................  ......do.......  43.........  PH
159.0675.....................  ......do.......  27, 43.....  PH
159.075......................  ......do.......  43.........  PH
159.0825.....................  ......do.......  27, 43.....  PH
159.090......................  Base or mobile.  ...........  PP
159.0975.....................  ......do.......  27.........  PP
159.105......................  ......do.......  43.........  PH
159.1125.....................  ......do.......  27, 43.....  PH
159.120......................  ......do.......  43.........  PH
159.1275.....................  ......do.......  27, 43.....  PH
159.135......................  ......do.......  43.........  PH
159.1425.....................  ......do.......  27, 43.....  PH
159.150......................  ......do.......  ...........  PP
159.1575.....................  ......do.......  27.........  PP
159.165......................  ......do.......  43.........  PH
159.1725.....................  ......do.......  27, 43.....  PH
159.180......................  ......do.......  ...........  PH
159.1875.....................  ......do.......  27.........  PH
159.195......................  ......do.......  ...........  PH
159.2025.....................  ......do.......  27.........  PH
159.210......................  ......do.......  ...........  PP
159.2175.....................  ......do.......  27.........  PP
159.225......................  ......do.......  ...........  PO
159.2325.....................  ......do.......  27.........  PO
159.240......................  ......do.......  46.........  PO
159.2475.....................  ......do.......  27, 46.....  PO
159.255......................  ......do.......  46.........  PO
159.2625.....................  ......do.......  27, 46.....  PO
159.270......................  ......do.......  46.........  PO
159.2775.....................  ......do.......  27, 46.....  PO
159.285......................  ......do.......  46.........  PO
159.2925.....................  ......do.......  27, 46.....  PO
159.300......................  ......do.......  46.........  PO
159.3075.....................  ......do.......  27, 46.....  PO
159.315......................  ......do.......  46.........  PO
159.3225.....................  ......do.......  27, 46.....  PO
159.330......................  ......do.......  46.........  PO
159.3375.....................  ......do.......  27, 46.....  PO
159.345......................  ......do.......  46.........  PO
159.3525.....................  ......do.......  27, 46.....  PO
159.360......................  ......do.......  46.........  PO
159.3675.....................  ......do.......  27, 46.....  PO
159.375......................  ......do.......  46.........  PO
159.3825.....................  ......do.......  27, 46.....  PO
159.390......................  ......do.......  46.........  PO
159.3975.....................  ......do.......  27, 46.....  PO
159.405......................  ......do.......  46.........  PO
159.4125.....................  ......do.......  27, 46.....  PO
159.420......................  ......do.......  46.........  PO
159.4275.....................  ......do.......  27, 46.....  PO
159.435......................  ......do.......  46.........  PO
159.4425.....................  ......do.......  27, 46.....  PO
159.450......................  ......do.......  ...........  PO
159.4575.....................  ......do.......  27.........  PO
159.465......................  ......do.......  ...........  PO
159.4725.....................  ......do.......  27.........  PO
163.250......................  ......do.......  13, 30.....  PS
166.250......................  ......do.......  47.........  PF
169 to 172...................  Mobile.........  48.........
170.150......................  Base or mobile.  47.........  PF
170.425......................  ......do.......  9, 49, 50..  PO
170.475......................  ......do.......  9, 49, 51..  PO
170.575......................  ......do.......  9, 49, 50..  PO
171.425......................  ......do.......  9, 49, 51..  PO
171.475......................  ......do.......  9, 50, 52..  PO
171.575......................  ......do.......  9, 49, 51..  PO
172.225......................  ......do.......  9, 49, 50..  PO
172.275......................  ......do.......  9, 51, 52..  PO
172.375......................  ......do.......  9, 49, 50..  PO
173.075......................  ......do.......  53.........  PP
173.20375....................  Fixed or mobile  33, 34, 35,  PX
                                                 36.
173.210......................  ......do.......  34, 35, 36,  PX
                                                 54.
173.2375.....................  ......do.......  32, 33, 34,  PX
                                                 35.
173.2625.....................  ......do.......  32, 33, 34,  PX
                                                 35.
173.2875.....................  ......do.......  32, 33, 34,  PX
                                                 35.
173.3125.....................  ......do.......  32, 33, 34,  PX
                                                 35.
173.3375.....................  ......do.......  32, 33, 34,  PX
                                                 35.
173.3625.....................  ......do.......  32, 33, 34,  PX
                                                 35.
173.390......................  ......do.......  34, 35, 36,  PX
                                                 54.
173.39625....................  ......do.......  33, 34, 35,  PX
                                                 36.
220 to 222...................  Base and mobile  55.........
220.8025.....................  Base...........  55.........  PP, PS
220.8075.....................  ......do.......  55.........  PP, PS
220.8125.....................  ......do.......  55.........  PP, PS
220.8175.....................  ......do.......  55.........  PP, PS
220.8225.....................  ......do.......  55.........  PP, PS
220.8275.....................  ......do.......  55.........  PP, PS
220.8325.....................  ......do.......   55........  PP, PS
220.8375.....................  ......do.......   55........  PP, PS
220.8425.....................  ......do.......   55........  PP, PS
220.8475.....................  ......do.......   55........  PP, PS
220.9025.....................  ......do.......   55........  PM
220.9075.....................  ......do.......   55........  PM
220.9125.....................  ......do.......   55........  PM
220.9175.....................  ......do.......   55........  PM
220.9225.....................  ......do.......   55........  PM
221.8025.....................  Mobile.........  55.........  PP, PS
221.8075.....................  ......do.......   55........  PP, PS
221.8125.....................  ......do.......   55........  PP, PS
221.8175.....................  ......do.......   55........  PP, PS
221.8225.....................  ......do.......   55........  PP, PS
221.8275.....................  ......do.......   55........  PP, PS
221.8325.....................  ......do.......   55........  PP, PS
221.8375.....................  ......do.......   55........  PP, PS
221.8425.....................  ......do.......   55........  PP, PS
221.8475.....................  ......do.......   55........  PP, PS
221.9025.....................  ......do.......   55........  PM

[[Page 271]]

 
221.9075.....................  ......do.......   55........  PM
221.9125.....................  ......do.......   55........  PM
221.9175.....................  ......do.......   55........  PM
221.9225.....................  ......do.......   55........  PM
450 to 470...................  Fixed, base, or  26, 56
                                mobile.
453.0125.....................  Mobile.........  57.........  PX
453.025......................  Central          58, 59, 60,  PX, PS
                                control, fixed   61, 62.
                                base, or
                                mobile.
453.03125....................  Base or mobile.  44, 59, 60,  PM, PS
                                                 61, 62.
453.0375.....................  ......do.......   27, 59,     PX
                                                 60, 61, 62.
453.04375....................  ......do.......   44, 59,     PM
                                                 60, 61, 62.
453.050......................  ......do.......  ...........  PX
453.05625....................  ......do.......   44........  PX
453.0625.....................  ......do.......   27........  PX
453.06875....................  ......do.......   44........  PX
453.075......................  Central          58, 59, 60,  PX, PS
                                control,         61, 62.
                                fixed, base,
                                or mobile.
453.08125....................  Base or mobile.  44, 59, 60,  PM
                                                 61, 62.
453.0875.....................  ......do.......   27, 59,     PX
                                                 60, 61, 62.
453.09375....................  ......do.......   44, 59,     PM
                                                 60, 61, 62.
453.100......................  ......do.......  ...........  PX
453.10625....................  ......do.......   44........  PX
453.1125.....................  ......do.......   27........  PX
453.11875....................  ......do.......   44........  PX
453.125......................  Central          58, 59, 60,  PX, PS
                                control,         61, 62.
                                fixed, base,
                                or mobile.
453.13125....................  Base or mobile.  44, 59, 60,  PM
                                                 61, 62.
453.1375.....................  ......do.......   27, 59,     PX
                                                 60, 61, 62.
453.14375....................  ......do.......   44, 59,     PM
                                                 60, 61, 62.
453.150......................  ......do.......  ...........  PX
453.15625....................  ......do.......   44........  PX
453.1625.....................  ......do.......   27........  PX
453.16875....................  ......do.......   44........  PX
453.175......................  Central          58, 59, 60,  PX, PS
                                control,         61, 62.
                                fixed, base,
                                or mobile.
453.18125....................  Base or mobile.  44, 59, 60,  PM
                                                 61, 62.
453.1875.....................  ......do.......   27, 59,     PX
                                                 60, 61, 62.
453.19375....................  ......do.......   44, 59,     PM
                                                 60, 61, 62.
453.200......................  ......do.......  ...........  PX
453.20625....................  ......do.......   44........  PX
453.2125.....................  ......do.......   27........  PX
453.21875....................  ......do.......   44........  PX
453.225......................  ......do.......  ...........  PX
453.23125....................  ......do.......   44........  PX
453.2375.....................  ......do.......   27........  PX
453.24375....................  ......do.......   44........  PX
453.250......................  ......do.......  ...........  PX
453.25625....................  ......do.......   44........  PX
453.2625.....................  ......do.......   27........  PX
453.26875....................  ......do.......   44........  PX
453.275......................  ......do.......  ...........  PX
453.28125....................  ......do.......   44........  PX
453.2875.....................  ......do.......   27........  PX
453.29375....................  ......do.......   44........  PX
453.300......................  ......do.......  ...........  PX
453.30625....................  ......do.......   44........  PX
453.3125.....................  ......do.......   27........  PX
453.31875....................  ......do.......   44........  PX
453.325......................  ......do.......  ...........  PX
453.33125....................  ......do.......   44........  PX
453.3375.....................  ......do.......   27........  PX
453.34375....................  ......do.......   44........  PX
453.350......................  ......do.......  ...........  PX
453.35625....................  ......do.......   44........  PX
453.3625.....................  ......do.......   27........  PX
453.36875....................  ......do.......   44........  PX
453.375......................  ......do.......  ...........  PX
453.38125....................  ......do.......   44........  PX
453.3875.....................  ......do.......   27........  PX
453.39375....................  ......do.......   44........  PX
453.400......................  ......do.......  ...........  PX
453.40625....................  ......do.......   44........  PX
453.4125.....................  ......do.......   27........  PX
453.41875....................  ......do.......   44........  PX
453.425......................  ......do.......  ...........  PX
453.43125....................  ......do.......   44........  PX
453.4375.....................  ......do.......   27........  PX
453.44375....................  ......do.......   44........  PX
453.450......................  ......do.......  ...........  PX
453.45625....................  ......do.......   44........  PX
453.4625.....................  ......do.......   27........  PX
453.46875....................  ......do.......   44........  PX
453.475......................  ......do.......  ...........  PX
453.48125....................  ......do.......   44........  PX
453.4875.....................  ......do.......   27........  PX
453.49375....................  ......do.......   44........  PX
453.500......................  ......do.......  ...........  PX
453.50625....................  ......do.......   44........  PX
453.5125.....................  ......do.......   27........  PX
453.51875....................  ......do.......   44........  PX
453.525......................  ......do.......  ...........  PX
453.53125....................  ......do.......   44........  PX
453.5375.....................  ......do.......   27........  PX
453.54375....................  ......do.......   44........  PX
453.550......................  ......do.......  ...........  PX
453.55625....................  ......do.......   44........  PX
453.5625.....................  ......do.......   27........  PX
453.56875....................  ......do.......   44........  PX
453.575......................  ......do.......  ...........  PX
453.58125....................  ......do.......   44........  PX
453.5875.....................  ......do.......   27........  PX
453.59375....................  ......do.......   44........  PX
453.600......................  ......do.......  ...........  PX
453.60625....................  ......do.......   44........  PX
453.6125.....................  ......do.......   27........  PX
453.61875....................  ......do.......   44........  PX
453.625......................  ......do.......  ...........  PX
453.63125....................  ......do.......   44........  PX
453.6375.....................  ......do.......   27........  PX
453.64375....................  ......do.......   44........  PX
453.650......................  ......do.......  ...........  PX
453.65625....................  ......do.......   44........  PX
453.6625.....................  ......do.......   27........  PX
453.66875....................  ......do.......   44........  PX
453.675......................  ......do.......  ...........  PX
453.68125....................  ......do.......   44........  PX
453.6875.....................  ......do.......   27........  PX
453.69375....................  ......do.......   44........  PX
453.700......................  ......do.......  ...........  PX
453.70625....................  ......do.......   44........  PX
453.7125.....................  ......do.......   27........  PX
453.71875....................  ......do.......   44........  PX
453.725......................  ......do.......  ...........  PX

[[Page 272]]

 
453.73125....................  ......do.......   44........  PX
453.7375.....................  ......do.......   27........  PX
453.74375....................  ......do.......   44........  PX
453.750......................  ......do.......  ...........  PX
453.75625....................  ......do.......   44........  PX
453.7625.....................  ......do.......   27........  PX
453.76875....................  ......do.......   44........  PX
453.775......................  ......do.......  ...........  PX
453.78125....................  ......do.......   44........  PX
453.7875.....................  ......do.......   27........  PX
453.79375....................  ......do.......   44........  PX
453.800......................  ......do.......  ...........  PX
453.80625....................  ......do.......   44........  PX
453.8125.....................  ......do.......   27........  PX
453.81875....................  ......do.......   44........  PX
453.825......................  ......do.......  ...........  PX
453.83125....................  ......do.......   44........  PX
453.8375.....................  ......do.......   27........  PX
453.84375....................  ......do.......   44........  PX
453.850......................  ......do.......  ...........  PX
453.85625....................  ......do.......   44........  PX
453.8625.....................  ......do.......   27........  PX
453.86875....................  ......do.......   44........  PX
453.875......................  ......do.......  ...........  PX
453.88125....................  ......do.......   44........  PX
453.8875.....................  ......do.......   27........  PX
453.89375....................  ......do.......   44........  PX
453.900......................  ......do.......  ...........  PX
453.90625....................  ......do.......   44........  PX
453.9125.....................  ......do.......   27........  PX
453.91875....................  ......do.......   44........  PX
453.925......................  ......do.......  ...........  PX
453.93125....................  ......do.......  44.........  PX
453.9375.....................  ......do.......  27.........  PX
453.94375....................  ......do.......  44.........  PX
453.950......................  ......do.......  ...........  PX
453.95625....................  ......do.......  44.........  PX
453.9625.....................  ......do.......  27.........  PX
453.96875....................  ......do.......  44.........  PX
453.975......................  ......do.......  ...........  PX
453.98125....................  ......do.......  44.........  PX
453.9875.....................  ......do.......  27.........  PX
453.99375....................  ......do.......  44.........  PX
458.0125.....................  Mobile.........  57.........  PS
458.025......................  Radio call       58, 59, 61,  PX
                                boxes, fixed,    62, 63.
                                or mobile.
458.03125....................  Mobile.........  44, 59, 61,  PM
                                                 62.
458.0375.....................  ......do.......  27, 59, 61,  PX
                                                 62.
458.04375....................  ......do.......  44, 59, 61,  PM
                                                 62.
458.050......................  ......do.......  ...........  PX
458.05625....................  ......do.......  44.........  PX
458.0625.....................  ......do.......  27.........  PX
458.06875....................  ......do.......  44.........  PX
458.075......................  Radio call       58, 59, 61,  PX
                                boxes, fixed,    62, 63.
                                or mobile.
458.08125....................  Mobile.........  44, 59, 61,  PM
                                                 62.
458.0875.....................  ......do.......  27, 59, 61,  PX
                                                 62.
458.09375....................  ......do.......  44, 59, 61,  PM
                                                 62.
458.100......................  ......do.......  ...........  PX
458.10625....................  ......do.......  44.........  PX
458.1125.....................  ......do.......  27.........  PX
458.11875....................  ......do.......  44.........  PX
458.125......................  Radio call       58, 59, 61,  PX
                                boxes, fixed,    62, 63.
                                or mobile.
458.13125....................  Mobile.........  44, 59, 61,  PM
                                                 62.
458.1375.....................  ......do.......  27, 59, 61,  PX
                                                 62.
458.14375....................  ......do.......  44, 59, 61,  PM
                                                 62.
458.150......................  ......do.......  ...........  PX
458.15625....................  ......do.......  44.........  PX
458.1625.....................  ......do.......  27.........  PX
458.16875....................  ......do.......  44.........  PX
458.175......................  Radio call       58, 59, 61,  PX
                                boxes, fixed,    62, 63.
                                or mobile.
458.18125....................  Mobile.........  44, 59, 61,  PM
                                                 62.
458.1875.....................  ......do.......  27, 59, 61,  PX
                                                 62.
458.19375....................  ......do.......  44, 59, 61,  PM
                                                 62.
458.200......................  ......do.......  ...........  PX
458.20625....................  ......do.......  44.........  PX
458.2125.....................  ......do.......  27.........  PX
458.21875....................  ......do.......  44.........  PX
458.225......................  ......do.......  ...........  PX
458.23125....................  ......do.......  44.........  PX
458.2375.....................  ......do.......  27.........  PX
458.24375....................  ......do.......  44.........  PX
458.250......................  ......do.......  ...........  PX
458.25625....................  ......do.......  44.........  PX
458.2625.....................  ......do.......  27.........  PX
458.26875....................  ......do.......  44.........  PX
458.275......................  ......do.......  ...........  PX
458.28125....................  ......do.......  44.........  PX
458.2875.....................  ......do.......  27.........  PX
458.29375....................  ......do.......  44.........  PX
458.300......................  ......do.......  ...........  PX
458.30625....................  ......do.......  44.........  PX
458.3125.....................  ......do.......  27.........  PX
458.31875....................  ......do.......  44.........  PX
458.325......................  ......do.......  ...........  PX
458.33125....................  ......do.......  44.........  PX
458.3375.....................  ......do.......  27.........  PX
458.34375....................  ......do.......  44.........  PX
458.350......................  ......do.......  ...........  PX
458.35625....................  ......do.......  44.........  PX
458.3625.....................  ......do.......  27.........  PX
458.36875....................  ......do.......  44.........  PX
458.375......................  ......do.......  ...........  PX
458.38125....................  ......do.......  44.........  PX
458.3875.....................  ......do.......  27.........  PX
458.39375....................  ......do.......  44.........  PX
458.400......................  ......do.......  ...........  PX
458.40625....................  ......do.......  44.........  PX
458.4125.....................  ......do.......  27.........  PX
458.41875....................  ......do.......  44.........  PX
458.425......................  ......do.......  ...........  PX
458.43125....................  ......do.......  44.........  PX
458.4375.....................  ......do.......  27.........  PX
458.44375....................  ......do.......  44.........  PX
458.450......................  ......do.......  ...........  PX
458.45625....................  ......do.......  44.........  PX
458.4625.....................  ......do.......  27.........  PX
458.46875....................  ......do.......  44.........  PX
458.475......................  ......do.......  ...........  PX
458.48125....................  ......do.......  44.........  PX
458.4875.....................  ......do.......  27.........  PX
458.49375....................  ......do.......  44.........  PX

[[Page 273]]

 
458.500......................  ......do.......  ...........  PX
458.50625....................  ......do.......  44.........  PX
458.5125.....................  ......do.......  27.........  PX
458.51875....................  ......do.......  44.........  PX
458.525......................  ......do.......  ...........  PX
458.53125....................  ......do.......  44.........  PX
458.5375.....................  ......do.......  27.........  PX
458.54375....................  ......do.......  44.........  PX
458.550......................  ......do.......  ...........  PX
458.55625....................  ......do.......  44.........  PX
458.5625.....................  ......do.......  27.........  PX
458.56875....................  ......do.......  44.........  PX
458.575......................  ......do.......  ...........  PX
458.58125....................  ......do.......  44.........  PX
458.5875.....................  ......do.......  27.........  PX
458.59375....................  ......do.......  44.........  PX
458.600......................  ......do.......  ...........  PX
458.60625....................  ......do.......  44.........  PX
458.6125.....................  ......do.......  27.........  PX
458.61875....................  ......do.......  44.........  PX
458.625......................  ......do.......  ...........  PX
458.63125....................  ......do.......  44.........  PX
458.6375.....................  ......do.......  27.........  PX
458.64375....................  ......do.......  44.........  PX
458.650......................  ......do.......  ...........  PX
458.65625....................  ......do.......  44.........  PX
458.6625.....................  ......do.......  27.........  PX
458.66875....................  ......do.......  44.........  PX
458.675......................  ......do.......  ...........  PX
458.68125....................  ......do.......  44.........  PX
458.6875.....................  ......do.......  27.........  PX
458.69375....................  ......do.......  44.........  PX
458.700......................  ......do.......  ...........  PX
458.70625....................  ......do.......  44.........  PX
458.7125.....................  ......do.......  27.........  PX
458.71875....................  ......do.......  44.........  PX
458.725......................  ......do.......  ...........  PX
458.73125....................  ......do.......  44.........  PX
458.7375.....................  ......do.......  27.........  PX
458.74375....................  ......do.......  44.........  PX
458.750......................  ......do.......  ...........  PX
458.75625....................  ......do.......  44.........  PX
458.7625.....................  ......do.......  27.........  PX
458.76875....................  ......do.......  44.........  PX
458.775......................  ......do.......  ...........  PX
458.78125....................  ......do.......  44.........  PX
458.7875.....................  ......do.......  27.........  PX
458.79375....................  ......do.......  44.........  PX
458.800......................  ......do.......  ...........  PX
458.80625....................  ......do.......  44.........  PX
458.8125.....................  ......do.......  27.........  PX
458.81875....................  ......do.......  44.........  PX
458.825......................  ......do.......  ...........  PX
458.83125....................  ......do.......  44.........  PX
458.8375.....................  ......do.......  27.........  PX
458.84375....................  ......do.......  44.........  PX
458.850......................  ......do.......  ...........  PX
458.85625....................  ......do.......  44.........  PX
458.8625.....................  ......do.......  27.........  PX
458.86875....................  ......do.......  44.........  PX
458.875......................  ......do.......  ...........  PX
458.88125....................  ......do.......  44.........  PX
458.8875.....................  ......do.......  27.........  PX
458.89375....................  ......do.......  44.........  PX
458.900......................  ......do.......  ...........  PX
458.90625....................  ......do.......  44.........  PX
458.9125.....................  ......do.......  27.........  PX
458.91875....................  ......do.......  44.........  PX
458.925......................  ......do.......  ...........  PX
458.93125....................  ......do.......  44.........  PX
458.9375.....................  ......do.......  27.........  PX
458.94375....................  ......do.......  44.........  PX
458.950......................  ......do.......  ...........  PX
458.95625....................  ......do.......  44.........  PX
458.9625.....................  ......do.......  27.........  PX
458.96875....................  ......do.......  44.........  PX
458.975......................  ......do.......  ...........  PX
458.98125....................  ......do.......  44.........  PX
458.9875.....................  ......do.......  27.........  PX
458.99375....................  ......do.......  44.........  PX
460.0125.....................  ......do.......  27, 64.....  PP
460.01875....................  Base or mobile.  44.........  PP
460.025......................  ......do.......  ...........  PP
460.03125....................  ......do.......  44.........  PP
460.0375.....................  ......do.......  27.........  PP
460.04375....................  ......do.......  44.........  PP
460.050......................  ......do.......  ...........  PP
460.05626....................  ......do.......  44.........  PP
460.0625.....................  ......do.......  27.........  PP
460.06875....................  ......do.......  44.........  PP
460.075......................  ......do.......  ...........  PP
460.08125....................  ......do.......  44.........  PP
460.0875.....................  ......do.......  27.........  PP
460.09375....................  ......do.......  44.........  PP
460.100......................  ......do.......  ...........  PP
460.10625....................  ......do.......  44.........  PP
460.1125.....................  ......do.......  27.........  PP
460.11875....................  ......do.......  44.........  PP
460.125......................  ......do.......  ...........  PP
460.13125....................  ......do.......  44.........  PP
460.1375.....................  ......do.......  27.........  PP
460.14375....................  ......do.......  44.........  PP
460.150......................  ......do.......  ...........  PP
460.15625....................  ......do.......  44.........  PP
460.1625.....................  ......do.......  27.........  PP
460.16875....................  ......do.......  44.........  PP
460.175......................  ......do.......  ...........  PP
460.18125....................  ......do.......  44.........  PP
460.1875.....................  ......do.......  27.........  PP
460.19375....................  ......do.......  44.........  PP
460.200......................  ......do.......  ...........  PP
460.20625....................  ......do.......  44.........  PP
460.2125.....................  ......do.......  27.........  PP
460.21875....................  ......do.......  44.........  PP
460.225......................  ......do.......  ...........  PP
460.23125....................  ......do.......  44.........  PP
460.2375.....................  ......do.......  27.........  PP
460.24375....................  ......do.......  44.........  PP
460.250......................  ......do.......  ...........  PP
460.25625....................  ......do.......  44.........  PP
460.2625.....................  ......do.......  27.........  PP
460.26875....................  ......do.......  44.........  PP
460.275......................  ......do.......  ...........  PP
460.28125....................  ......do.......  44.........  PP
460.2875.....................  ......do.......  27.........  PP
460.29375....................  ......do.......  44.........  PP
460.300......................  ......do.......  ...........  PP
460.30625....................  ......do.......  44.........  PP
460.3125.....................  ......do.......  27.........  PP
460.31875....................  ......do.......  44.........  PP
460.325......................  ......do.......  ...........  PP
460.33125....................  ......do.......  44.........  PP
460.3375.....................  ......do.......  27.........  PP
460.34375....................  ......do.......  44.........  PP
460.350......................  ......do.......  ...........  PP
460.35625....................  ......do.......  44.........  PP
460.3625.....................  ......do.......  27.........  PP
460.36875....................  ......do.......  44.........  PP
460.375......................  ......do.......  ...........  PP
460.38125....................  ......do.......  44.........  PP

[[Page 274]]

 
460.3875.....................  ......do.......  27.........  PP
460.39375....................  ......do.......  44.........  PP
460.400......................  ......do.......  ...........  PP
460.40625....................  ......do.......  44.........  PP
460.4125.....................  ......do.......  27.........  PP
460.41875....................  ......do.......  44.........  PP
460.425......................  ......do.......  ...........  PP
460.43125....................  ......do.......  44.........  PP
460.4375.....................  ......do.......  27.........  PP
460.44375....................  ......do.......  44.........  PP
460.450......................  ......do.......  ...........  PP
460.45625....................  ......do.......  44.........  PP
460.4625.....................  ......do.......  27.........  PP
460.46875....................  ......do.......  44.........  PP
460.475......................  ......do.......  ...........  PP
460.48125....................  ......do.......  44.........  PP
460.4875.....................  ......do.......  27.........  PP
460.49375....................  ......do.......  44.........  PP
460.500......................  ......do.......  ...........  PP
460.50625....................  ......do.......  44.........  PP
460.5125.....................  ......do.......  27.........  PP
460.51875....................  ......do.......  44.........  PP
460.525......................  ......do.......  ...........  PP, PF, PM
460.53125....................  ......do.......  44.........  PP, PF, PM
460.5375.....................  ......do.......  27.........  PP, PF, PM
460.54375....................  ......do.......  44.........  PP, PF, PM
460.550......................  ......do.......  ...........  PP, PF, PM
460.55625....................  ......do.......  44.........  PP, PF, PM
460.5625.....................  ......do.......  27.........  PP, PF, PM
460.56875....................  ......do.......  44.........  PP, PF, PM
460.575......................  ......do.......  ...........  PF
460.58125....................  ......do.......  44.........  PF
460.5875.....................  ......do.......  27.........  PF
460.59375....................  ......do.......  44.........  PF
460.600......................  ......do.......  ...........  PF
460.60625....................  ......do.......  44.........  PF
460.6125.....................  ......do.......  27.........  PF
460.61875....................  ......do.......  44.........  PF
460.625......................  ......do.......  ...........  PF
460.63125....................  ......do.......  44.........  PF
460.6375.....................  ......do.......  27.........  PF
460.64375....................  ......do.......  44.........  PF
462.9375.....................  Mobile.........  57.........  PS
462.950......................  Base or mobile.  38, 65.....  PM
462.95625....................  ......do.......  38, 44, 65.  PM
462.9625.....................  ......do.......  27, 38, 65.  PM
462.96875....................  ......do.......  38, 44, 65.  PM
462.975......................  ......do.......  38, 65.....  PM
462.98125....................  ......do.......  38, 44, 65.  PM
462.9875.....................  ......do.......  27, 38, 65.  PM
462.99375....................  ......do.......  38, 44, 65.  PM
463.000......................  ......do.......  59, 66, 67.  PM
463.00625....................  ......do.......  44, 59, 66,  PM
                                                 67.
463.0125.....................  ......do.......  27, 59, 66,  PM
                                                 67.
463.01875....................  ......do.......  44, 59, 66,  PM
                                                 67.
463.025......................  ......do.......  59, 66, 67.  PM
463.03125....................  ......do.......  44, 59, 66,  PM
                                                 67.
463.0375.....................  ......do.......  27, 59, 66,  PM
                                                 67.
463.04375....................  ......do.......  44, 59, 66,  PM
                                                 67.
463.050......................  ......do.......  59, 66, 67.  PM
463.05625....................  ......do.......  44, 59, 66,  PM
                                                 67.
463.0625.....................  ......do.......  27, 59, 66,  PM
                                                 67.
463.06875....................  ......do.......  44, 59, 66,  PM
                                                 67.
463.075......................  ......do.......  59, 66, 76.  PM
463.08125....................  ......do.......  44, 59, 66,  PM
                                                 76.
463.0875.....................  ......do.......  27, 59, 66,  PM
                                                 76.
463.09375....................  ......do.......  44, 59, 66,  PM
                                                 76.
463.100......................  ......do.......  59, 66, 76.  PM
463.10625....................  ......do.......  44, 59, 66,  PM
                                                 76.
463.1125.....................  ......do.......  27, 59, 66,  PM
                                                 76.
463.11875....................  ......do.......  44, 59, 66,  PM
                                                 76.
463.125......................  ......do.......  59, 66, 76.  PM
463.13125....................  ......do.......  44, 59, 66,  PM
                                                 76.
463.1375.....................  ......do.......  27, 59, 66,  PM
                                                 76.
463.14375....................  ......do.......  44, 59, 66,  PM
                                                 76.
463.150......................  ......do.......  59, 66, 76.  PM
463.15625....................  ......do.......  44, 59, 66,  PM
                                                 76.
463.1625.....................  ......do.......  27, 59, 66,  PM
                                                 76.
463.16875....................  ......do.......  44, 59, 66,  PM
                                                 76.
463.175......................  ......do.......  59, 66, 76.  PM
463.18125....................  ......do.......  44, 59, 66,  PM
                                                 76.
463.1875.....................  ......do.......  27, 59, 66,  PM
                                                 76.
463.19375....................  ......do.......  44, 59, 66,  PM
                                                 76.
465.0125.....................  Mobile.........  57.........  PP
465.025......................  ......do.......  ...........  PP
465.03125....................  ......do.......  44.........  PP
465.0375.....................  ......do.......  27.........  PP
465.04375....................  ......do.......  44.........  PP
465.050......................  ......do.......  ...........  PP
465.05625....................  ......do.......  44.........  PP
465.0625.....................  ......do.......  27.........  PP
465.06875....................  ......do.......  44.........  PP
465.075......................  ......do.......  ...........  PP
465.08125....................  ......do.......  44.........  PP
465.0875.....................  ......do.......  27.........  PP
465.09375....................  ......do.......  44.........  PP
465.100......................  ......do.......  ...........  PP
465.10625....................  ......do.......  44.........  PP
465.1125.....................  ......do.......  27.........  PP
465.11875....................  ......do.......  44.........  PP
465.125......................  ......do.......  ...........  PP
465.13125....................  ......do.......  44.........  PP
465.1375.....................  ......do.......  27.........  PP
465.14375....................  ......do.......  44.........  PP
465.150......................  ......do.......  ...........  PP
465.15625....................  ......do.......  44.........  PP
465.1625.....................  ......do.......  27.........  PP
465.16875....................  ......do.......  44.........  PP
465.175......................  ......do.......  ...........  PP

[[Page 275]]

 
465.18125....................  ......do.......  44.........  PP
465.1875.....................  ......do.......  27.........  PP
465.19375....................  ......do.......  44.........  PP
465.200......................  ......do.......  ...........  PP
465.20625....................  ......do.......  44.........  PP
465.2125.....................  ......do.......  27.........  PP
465.21875....................  ......do.......  44.........  PP
465.225......................  ......do.......  ...........  PP
465.23125....................  ......do.......  44.........  PP
465.2375.....................  ......do.......  27.........  PP
465.24375....................  ......do.......  44.........  PP
465.250......................  ......do.......  ...........  PP
465.25625....................  ......do.......  44.........  PP
465.2625.....................  ......do.......  27.........  PP
465.26875....................  ......do.......  44.........  PP
465.275......................  ......do.......  ...........  PP
465.28125....................  ......do.......  44.........  PP
465.2875.....................  ......do.......  27.........  PP
465.29375....................  ......do.......  44.........  PP
465.300......................  ......do.......  ...........  PP
465.30625....................  ......do.......  44.........  PP
465.3125.....................  ......do.......  27.........  PP
465.31875....................  ......do.......  44.........  PP
465.325......................  ......do.......  ...........  PP
465.33125....................  ......do.......  44.........  PP
465.3375.....................  ......do.......  27.........  PP
465.34375....................  ......do.......  44.........  PP
465.350......................  ......do.......  ...........  PP
465.35625....................  ......do.......  44.........  PP
465.3625.....................  ......do.......  27.........  PP
465.36875....................  ......do.......  44.........  PP
465.375......................  ......do.......  ...........  PP
465.38125....................  ......do.......  44.........  PP
465.3875.....................  ......do.......  27.........  PP
465.39375....................  ......do.......  44.........  PP
465.400......................  ......do.......  ...........  PP
465.40625....................  ......do.......  44.........  PP
465.4125.....................  ......do.......  27.........  PP
465.41875....................  ......do.......  44.........  PP
465.425......................  ......do.......  ...........  PP
465.43125....................  ......do.......  44.........  PP
465.4375.....................  ......do.......  27.........  PP
465.44375....................  ......do.......  44.........  PP
465.450......................  ......do.......  ...........  PP
465.45625....................  ......do.......  44.........  PP
465.4625.....................  ......do.......  27.........  PP
465.46875....................  ......do.......  44.........  PP
465.475......................  ......do.......  ...........  PP
465.48125....................  ......do.......  44.........  PP
465.4875.....................  ......do.......  27.........  PP
465.49375....................  ......do.......  44.........  PP
465.500......................  ......do.......  ...........  PP
465.50625....................  ......do.......  44.........  PP
465.5125.....................  ......do.......  27.........  PP
465.51875....................  ......do.......  44.........  PP
465.525......................  ......do.......  ...........  PP, PF, PM
465.53125....................  ......do.......  44.........  PP, PF, PM
465.5375.....................  ......do.......  27.........  PP, PF, PM
465.54375....................  ......do.......  44.........  PP, PF, PM
465.550......................  Base or mobile.  ...........  PP, PF, PM
465.55625....................  ......do.......  44.........  PP, PF, PM
465.5625.....................  ......do.......  27.........  PP, PF, PM
465.56875....................  ......do.......  44.........  PP, PF, PM
465.575......................  Mobile.........  ...........  PF
465.58125....................  ......do.......  44.........  PF
465.5875.....................  ......do.......  27.........  PF
465.59375....................  ......do.......  44.........  PF
465.600......................  ......do.......  ...........  PF
465.60625....................  ......do.......  44.........  PF
465.6125.....................  ......do.......  27.........  PF
465.61875....................  ......do.......  44.........  PF
465.625......................  ......do.......  ...........  PF
465.63125....................  ......do.......  44.........  PF
465.6375.....................  ......do.......  27.........  PF
465.64375....................  ......do.......  44.........  PF
467.9375.....................  ......do.......  57.........  PS
467.950......................  ......do.......  38, 65.....  PM
467.95625....................  ......do.......  38, 44, 65.  PM
467.9625.....................  ......do.......  27, 38, 65.  PM
467.96875....................  ......do.......  38, 44, 65.  PM
467.975......................  ......do.......  38, 65.....  PM
467.98125....................  ......do.......  38, 44, 65.  PM
467.9875.....................  ......do.......  27, 38, 65.  PM
467.99375....................  ......do.......  38, 44, 65.  PM
468.000......................  ......do.......  59, 66, 67.  PM
468.00625....................  ......do.......  44, 59, 66,  PM
                                                 67.
468.0125.....................  ......do.......  27, 59, 66,  PM
                                                 67.
468.01875....................  ......do.......  44, 59, 66,  PM
                                                 67.
468.025......................  ......do.......  59, 66, 67.  PM
468.03125....................  ......do.......  44, 59, 66,  PM
                                                 67.
468.0375.....................  ......do.......  27, 59, 66,  PM
                                                 67.
468.04375....................  ......do.......  44, 59, 66,  PM
                                                 67.
468.050......................  ......do.......  59, 66, 67.  PM
468.05625....................  ......do.......  44, 59, 66,  PM
                                                 67.
468.0625.....................  ......do.......  27, 59, 66,  PM
                                                 67.
468.06875....................  ......do.......  44, 59, 66,  PM
                                                 67.
468.075......................  ......do.......  59, 66, 76.  PM
468.08125....................  ......do.......  44, 59, 66,  PM
                                                 76.
468.0875.....................  ......do.......  27, 59, 66,  PM
                                                 76.
468.09375....................  ......do.......  44, 59, 66,  PM
                                                 76.
468.100......................  ......do.......  59, 66, 76.  PM
468.10625....................  ......do.......  44, 59, 66,  PM
                                                 76.
468.1125.....................  ......do.......  27, 59, 66,  PM
                                                 76.
468.11875....................  ......do.......  44, 59, 66,  PM
                                                 76.
468.125......................  ......do.......  59, 66, 76.  PM
468.13125....................  ......do.......  44, 59, 66,  PM
                                                 76.
468.1375.....................  ......do.......  27, 59, 66,  PM
                                                 76.
468.14375....................  ......do.......  44, 59, 66,  PM
                                                 76.
468.150......................  ......do.......  59, 66, 76.  PM
468.15625....................  ......do.......  44, 59, 66,  PM
                                                 76.
468.1625.....................  ......do.......  27, 59, 66,  PM
                                                 76.
468.16875....................  ......do.......  44, 59, 66,  PM
                                                 76.

[[Page 276]]

 
468.175......................  ......do.......  59, 66, 76.  PM
468.18125....................  ......do.......  44, 59, 66,  PM
                                                 76.
468.1875.....................  ......do.......  27, 59, 66,  PM
                                                 76.
468.19375....................  ......do.......  44, 59, 66,  PM
                                                 76.
470 to 512...................  Base or mobile.  68.........  PX
806 to 824...................  Mobile.........  69.
851 to 859...................  Base or mobile.  69.
928 and above................  Operational      70.
                                fixed.
929 to 930...................  Base only......  71.
1,427 to 1,435...............  Operational      72.
                                fixed, base,
                                or mobile.
2,450 to 2,500...............  Base or mobile.  73.
10,550 to 10,680.............  ......do.......  74.
------------------------------------------------------------------------

    (d) Explanation of assignment limitations appearing in the frequency 
table of paragraph (c)(3) of this section:
    (1) This frequency is available for use by Travelers' Information 
Stations in accordance with Sec. 90.242.
    (2) The frequency is available for assignment only in accordance 
with a geographical assignment plan.
    (3) Base stations operating on this frequency and rendering service 
to state police mobile units may be authorized to use a maximum output 
power in excess of the maximum indicated in Sec. 90.205 but not in 
excess of 7500 watts: Provided, That such operation is secondary to 
other stations.
    (4) The use of this frequency is on a secondary basis to any 
Canadian station.
    (5) In addition to base and mobile stations, this frequency may be 
assigned to fixed stations on a secondary basis to base or mobile 
stations. Upon a showing of need, the use of a second frequency in the 
band 2505-3500 kHz may be made available to governmental entities 
through appropriate arrangements with Federal Government agencies for 
restricted area use on a shared basis with maximum power output, 
emission, and hours of operation determined on the basis of the 
technical conditions involved in using the selected frequency in the 
particular area.
    (6) Only the central governments of the fifty individual States, the 
District of Columbia, and the insular areas of the Commonwealth of the 
Northern Mariana Islands, the Commonwealth of Puerto Rico, and the 
unincorporated territories of American Samoa, Guam and the United States 
Virgin Islands are eligible to be licensed to use this spectrum, and 
then only for disaster communications purposes. Licensees may not use 
this spectrum to provide operational communications circuits. See also, 
Sec. 90.264.
    (7) This frequency is shared with the Industrial/Business Pool.
    (8) This frequency is available for assignment only in accordance 
with a geographical assignment plan. This frequency may be used for 
conservation activities on a secondary basis to any station using the 
frequency for forest fire prevention, detection, and suppression.
    (9) This frequency is reserved primarily for assignment to state 
licensees. Assignments to other licensees will be made only where the 
frequency is required for coordinated operation with the State system to 
which the frequency is assigned. Any request for such assignment must be 
supported by a statement from the State system concerned, indicating 
that the assignment is necessary for coordination of activities.
    (10) A licensee regularly conducting two-way communication 
operations on this frequency may, on a secondary basis, also transmit 
one-way alert-paging signals to ambulance and rescue squad personnel.
    (11) The maximum output power of any transmitter authorized to 
operate on this frequency shall not exceed 10 watts.
    (12) This frequency is available in this service only to persons 
eligible under the provisions of paragraph (a)(2)(v) of this section for 
operation of transmitters having a maximum power output of three watts 
using A1A, A1D, A2B, A2D, F1B, F1D, F2B, F2D, G1B, G1D, G2B, or G2D 
emission. This frequency is also available in the Industrial/Business 
Pool on a co-equal basis with the Public Safety licensees.
    (13) This frequency will be assigned only for one-way paging 
communications to mobile receivers. Transmissions for the purpose of 
activating

[[Page 277]]

or controlling remote objects on this frequency are not authorized.
    (14) The maximum output power of any transmitter authorized to 
operate on this frequency, after June 1, 1956, shall not exceed two 
watts. Licensees holding a valid authorization as of June 1, 1956, for 
base or mobile station operation on this frequency, with a power in 
excess of two watts, may continue to be authorized for such operation 
without regard to this power limitation.
    (15) This frequency is reserved for assignment to stations for 
intersystem operations only: Provided, however, That licensees holding a 
valid authorization to use this frequency for local base or mobile 
operations as of June 1, 1956, may continue to be authorized for such 
use.
    (16) This frequency is reserved primarily for assignment to state 
police licensees. Assignments to other police licensees will be made 
only where the frequency is required for coordinated operation with the 
state police system to which the frequency is assigned. Any request for 
such assignment must be supported by a statement from the state police 
system concerned indicating that the assignment is necessary for 
coordination of police activities.
    (17) In the State of Alaska only, the frequency 42.40 MHz is 
available for assignment on a primary basis to stations in the Common 
Carrier Rural Radio Service utilizing meteor burst communications. The 
frequency may be used by private radio stations for meteor burst 
communications on a secondary, noninterference basis. Usage shall be in 
accordance with part 22 of this chapter or part 90. Stations utilizing 
meteor burst communications shall not cause harmful interference to 
stations of other radio services operating in accordance with the 
allocation table.
    (18) No new licenses will be granted for one-way paging under 
Sec. 90.487 for use on this frequency after August 1, 1980. This 
frequency is available to persons eligible for station licenses under 
the provisions of paragraph (a)(2)(v) of this section on a co-equal 
basis with one-way paging users under Sec. 90.487 prior to August 1, 
1985, and on a primary basis after August 1, 1985. Only A1A, A1D, A2B, 
A2D, F1B, F1D, F2B, F2D, G1B, G1D, G2B, G2D emissions and power not 
exceeding 10 watts will be authorized. Antennas having gain greater than 
0 dBd will not be authorized. Transmissions shall not exceed two seconds 
duration.
    (19) This frequency is reserved for assignment to stations in this 
service for intersystem operations only and these operations must be 
primarily base-mobile communications.
    (20) In the State of Alaska only, the frequency 45.90 MHz is 
available for assignment on a primary basis to private land mobile radio 
stations utilizing meteor burst communications. The frequency may be 
used by common carrier stations for meteor burst communications on a 
secondary, noninterference basis. Usage shall be in accordance with part 
22 of this chapter and part 90. Stations utilizing meteor burst 
communications shall not cause harmful interference to stations of other 
radio services operating in accordance with the allocation table.
    (21) This frequency will be assigned only in accordance with a 
geographical assignment plan and is reserved primarily for assignment to 
Highway maintenance systems operated by states. The use of this 
frequency by other Highway maintenance licensees will be authorized only 
where such use is necessary to coordinate activities with the particular 
state to which the frequency is assigned. Any request for such use must 
be supported by a statement from the state concerned.
    (22) Notwithstanding the provisions of paragraph (d)(21) of this 
section, this frequency may be used by any licensees in the Public 
Safety Pool without a separate license for the purpose of operating 
self-powered vehicle detectors for traffic control and safety purposes, 
on a secondary basis, in accordance with Sec. 90.269.
    (23) Thus frequency is reserved for assignment only to national 
organizations eligible for disaster relief operations under paragraph 
(a)(2)(vii) of this section.
    (24) Assignment and use of frequencies in the band 72-76 MHz are 
governed by Sec. 90.257 for operational-fixed stations and by 
Sec. 90.241 for emergency

[[Page 278]]

call box operations. Specific frequencies are listed at 
Sec. 90.257(a)(1).
    (25) This frequency is available to Public Safety Pool licensees for 
fire call box operations on a shared basis in Industrial/Business Pool. 
All communications on this frequency must be conducted with persons or 
organizations charged with specific fire protection responsibility. All 
operations on this frequency are subject to the provisions of 
Sec. 90.257(b).
    (26) Assignment of frequencies in this band are subject to the 
provisions of Sec. 90.173. Licensees as of August 18, 1995 who operate 
systems in the 150-170 MHz band that are 2.5 kHz removed from regularly 
assignable frequencies may continue to operate on a secondary, non-
interference basis after August 1, 2003.
    (27) This frequency will be assigned with an authorized bandwidth 
not to exceed 11.25 kHz. In the 450-470 MHz band, secondary telemetry 
operations pursuant to Sec. 90.238(e) will be authorized on this 
frequency.
    (28) This frequency is not available for assignment in this service 
in Puerto Rico or the Virgin Islands.
    (29) This frequency is removed by 22.5 kHz from frequencies assigned 
to other radio services. Utilization of this frequency may result in, as 
well as be subject to, interference under certain operating conditions. 
In considering the use of this frequency, adjacent channel operations 
should be taken into consideration. If interference occurs, the licensee 
may be required to take the necessary steps to resolve the problem. See 
Sec. 90.173(b).
    (30) This frequency will be authorized a channel bandwidth of 25 
kHz.
    (31) The maximum output power of any transmitter authorized to 
operate on this frequency shall not exceed 100 watts. Stations 
authorized prior to July 15, 1992 for fixed operations will be permitted 
to continue such operations, but at a maximum transmitter power output 
of 10 watts.
    (32) The maximum effective radiated power (ERP) may not exceed 20 
watts for fixed stations and 2 watts for mobile stations. The height of 
the antenna system may not exceed 15.24 meters (50 ft.) above ground. 
All such operation is on a secondary basis to adjacent channel land 
mobile operations.
    (33) For FM transmitters, the sum of the highest modulating 
frequency in Hertz and the amount of the frequency deviation or swing in 
Hertz may not exceed 2800 Hz and the maximum deviation may not exceed 
2.5 kHz. For AM transmitters, the highest modulation frequency may not 
exceed 2000 Hz. The carrier frequency must be maintained within .0005 
percent of the center of the frequency band, and the authorized 
bandwidth may not exceed 6 kHz.
    (34) This frequency is available on a shared basis with the 
Industrial/Business Pool for remote control and telemetry operations.
    (35) Operational fixed stations must employ directional antennas 
having a front-to-back ratio of at least 20 dB. Omnidirectional antennas 
having unity gain may be employed for stations communicating with at 
least three receiving locations separated by 160 degrees of azimuth.
    (36) The maximum power output of the transmitter may not exceed 50 
watts for fixed stations and 1 watt for mobile stations. A1A, A1D, A2B, 
A2D, F1B, F1D, F2D, G1B, G1D, G2B, or G2D emission may be authorized.
    (37) Use of this frequency is limited to stations located at least 
120.7 km (75 miles) from the center of any urbanized area of 200,000 or 
more population (U.S. Census of Population 1970). Operation is on a 
secondary basis to licensees of the Industrial/Business Pool.
    (38) A licensee regularly conducting two-way communications 
operations on this frequency may, on a secondary basis, also transmit 
one-way alert-paging signals to ambulance and rescue squad personnel.
    (39) In addition to other authorized uses, the use of F1B, F1D, F2B 
or F2D emission is permitted on this frequency for the operation of 
biomedical telemetry systems except in the following geographic 
locations:
    (i) New York, N.Y.-Northeastern New Jersey; Los Angeles-Long Beach, 
Calif.; Chicago, Ill.-Northwestern Indiana; Philadelphia, Pa.-N.J.; 
Detroit, Mich.; San Francisco-Oakland, Calif.; Boston, Mass.; 
Washington, D.C.-Md.-Va.; Cleveland, Ohio; St. Louis, Mo.-Ill.; 
Pittsburgh, Pa.; Minneapolis-St. Paul,

[[Page 279]]

Minn.; Houston, Tex.; Baltimore, Md.; Dallas, Tex.; Milwaukee, Wis.; 
Seattle-Everett, Wash.; Miami, Fla.; San Diego, Calif.; Atlanta, Ga.; 
Cincinnati, Ohio-Ky.; Kansas City, Mo.-Kans.; Buffalo, N.Y.; Denver, 
Colo.; San Jose, Calif.; New Orleans, La.; Phoenix, Ariz.; Portland, 
Oreg.-Wash.; Indianapolis, Ind.; Providence-Pawtucket-Warwick, R.I.-
Mass.; Columbus, Ohio; San Antonio, Tex.; Louisville, Ky.-Ind.; Dayton, 
Ohio; Forth Worth, Tex.; Norfolk-Portsmouth, Va.; Memphis, Tenn.-Miss.; 
Sacramento, Calif.; Fort Lauderdale-Hollywood, Fla.; Rochester, N.Y.; 
Tampa-St. Petersburg, Fla;
    (ii) The continuous carrier mode of operation may be used for 
telemetry transmissions on this frequency for periods up to two-minutes 
duration; following which there must be a break in the carrier for at 
least a one-minute period; and
    (iii) Geographical coordinates for the above-listed urbanized areas 
may be found at Table 1 of Sec. 90.635.
    (40) This frequency may be designated by common consent as an 
intersystem mutual assistance frequency under an area-wide medical 
communications plan.
    (41) This frequency is available nationwide for use in police 
emergency communications networks operated under statewide law 
enforcement emergency communications plans.
    (42) This frequency may not be assigned within 161 km (100 miles) of 
New Orleans (coordinates 29 deg.56'53" N and 90 deg.04'10" W).
    (43) This frequency is reserved for assignment for use in highway 
maintenance systems operated by licenses other than States.
    (44) This frequency will be assigned with an authorized bandwidth 
not to exceed 6 kHz.
    (45) Operations on this frequency are limited to 30 watts 
transmitter output power.
    (46) This frequency is shared with the Industrial/Business Pool in 
Puerto Rico and the Virgin Islands.
    (47) This frequency may be assigned to stations in the Public Safety 
Pool, only at points within 240 km. (150 mi.) of New York, N.Y.
    (48) Frequencies in this band will be assigned for low power 
wireless microphones in accordance with the provisions of Sec. 90.265.
    (49) This frequency will be assigned only to licensees directly 
responsible for the prevention, detection, and suppression of forest 
fires, on a secondary basis to any U.S. Government station.
    (50) This frequency will be assigned for use only in areas west of 
the Mississippi River.
    (51) This frequency will be assigned for use only in areas east of 
the Mississippi.
    (52) In addition to agencies responsible for forest fire prevention, 
detection, and suppression, this frequency may be assigned to 
conservation agencies which do not have forest fire responsibilities on 
a secondary basis to any U.S. Government stations, Provided, That such 
assignment is necessary to permit mobile relay operation by such 
agencies.
    (53) This frequency is subject to the provisions of paragraph (e)(6) 
of this section.
    (54) For FM transmitters, the sum of the highest modulating 
frequency in hertz and the amount of the frequency deviation or swing in 
hertz may not exceed 1700 Hz and the maximum deviation may not exceed 
1.2 kHz. For AM transmitters, the highest modulating frequency may not 
exceed 1200 Hz. The carrier frequency must be maintained within .0005 
percent of the center of the frequency band, and the authorized 
bandwidth may not exceed 3 kHz.
    (55) Subpart T of this part contains rules for assignment of 
frequencies in the 220-222 MHz band.
    (56) The frequencies available for use at fixed stations in this 
band and the requirements for assignment are set forth in Sec. 90.261. 
Operation on these frequencies is secondary to stations in the 
Industrial/Business Pool where they are assigned for land mobile 
operations.
    (57) This frequency is available for systems first licensed prior to 
August 18, 1995. No new systems will be authorized after August 18, 
1995, but prior authorized systems may be modified, expanded, and 
renewed.
    (58) This frequency is available for systems first licensed prior to 
March 31, 1980, for radio call box communications related to safety on 
highways in

[[Page 280]]

accordance with the provisions of Sec. 90.241(c). No new systems will be 
authorized of this nature, but systems authorized prior to March 31, 
1980 may be modified, expanded, and renewed.
    (59) The continuous carrier mode of operation may be used for 
telemetry transmission on this frequency.
    (60) Paging licensees as of March 20, 1991, may continue to operate 
on a primary basis until January 14, 1998.
    (61) Highway radio call box operations first licensed prior to March 
31, 1980 on this frequency may continue to operate in accordance with 
paragraph (d)(58) of this section.
    (62) This frequency is also authorized for use for operations in 
biomedical telemetry stations. FIB, FID, F2B, F2D, F3E, G1B, G1D, G2B, 
G2D, and G3E emissions may be authorized for bio-medical transmissions.
    (63) Available for medical services mobile operations in the Public 
Safety Pool in accordance with paragraph (d)(61) of this section.
    (64) Use of this frequency is on a secondary basis and subject to 
the provisions of Sec. 90.267 (a)(3), (a)(4), (a)(5), and (a)(7).
    (65) This frequency is primarily authorized for use in the dispatch 
of medical care vehicles and personnel for the rendition or delivery of 
medical services. This frequency may also be assigned for intra-system 
and inter-system mutual assistance purposes. For uniformity in usage 
these frequency pairs may be referred to by channel name as follows:

------------------------------------------------------------------------
     Frequencies base and mobile       Mobile only
             (megahertz)                  (MHz)         Channel name
------------------------------------------------------------------------
462.950.............................     467.950    MED-9
462.95625...........................     467.95625  MED-91
462.9625............................     467.9625   MED-92
462.96875...........................     467.96875  MED-93
462.975.............................     467.975    MED-10
462.98125...........................     467.98125  MED-101
462.9875............................     467.9875   MED-102
462.99375...........................     467.99375  MED-103
------------------------------------------------------------------------

    (66) For applications for new radio systems, the thirty-two 
frequency pairs listed in paragraph (d)(66)(i) of this section will be 
assigned in a block for shared operation under Sec. 90.20(a)(1)(iii) or 
Sec. 90.20(a)(2)(xiii) subject to the following:
    (i) For uniformity in usage, these frequency pairs may be referred 
to by channel name as follows:

------------------------------------------------------------------------
     Frequencies base and mobile       Mobile only
             (megahertz)                  (MHz)         Channel name
------------------------------------------------------------------------
463.000.............................     468.000    MED-1
463.00625...........................     468.00625  MED-11
463.0125............................     468.0125   MED-12
463.01875...........................     468.01875  MED-13
463.025.............................     468.025    MED-2
463.03125...........................     468.03125  MED-21
463.0375............................     468.0375   MED-22
463.04375...........................     468.04375  MED-23
463.050.............................     468.050    MED-3
463.05625...........................     468.05625  MED-31
463.0625............................     468.0625   MED-32
463.06875...........................     468.06875  MED-33
46.075..............................      46.075    MED-4
463.08125...........................     468.08125  MED-41
463.0875............................     468.0875   MED-42
463.09375...........................     468.09375  MED-43
463.100.............................     468.100    MED-5
463.10625...........................     468.10625  MED-51
463.1125............................     468.1125   MED-52
463.11875...........................     468.11875  MED-53
463.125.............................     468.125    MED-6
463.13125...........................     468.13125  MED-61
463.1375............................     468.1375   MED-62
463.14375...........................     468.14375  MED-63
463.150.............................     468.150    MED-7
463.15625...........................     468.15625  MED-71
463.1625............................     468.1625   MED-72
463.16875...........................     468.16875  MED-73
463.175.............................     468.175    MED-8
463.18125...........................     468.18125  MED-81
463.1875............................     468.1875   MED-82
463.19375...........................     468.19375  MED-83
------------------------------------------------------------------------

    (ii) Except as provided in paragraphs (d)(66) (iii) and (iv) of this 
section, mobile or portable stations must employ equipment that is both 
wired and equipped to transmit/receive, respectively, on each of these 
MED frequency pairs with transmitters operated on the 468 MHz 
frequencies.
    (iii) Portable (hand-held) units operated with a maximum output 
power of 2.5 watts are exempted from the multi-channel equipment 
requirements specified in paragraph (d)(66)(ii) of this section.
    (iv) Stations located in areas above line A, as defined in Sec. 90.7 
will be required to meet multi-channel equipment requirements only for 
those frequencies up to the number specified in paragraph (d)(66)(ii) of 
this section that have been assigned and coordinated with Canada in 
accordance with the applicable U.S.-Canada agreement.
    (67) This frequency is authorized for use only for operations in 
biomedical telemetry stations. F1B, F1D, F2B, F2D, F3E, G1B, G1D, G2B, 
G2D and G3E emissions may be authorized. Entities

[[Page 281]]

eligible in the Public Safety Pool may use this frequency on a secondary 
basis for any other permissible communications consistent with 
Sec. 90.20(a)(1)(iii) or Sec. 90.20(a)(2)(xiii).
    (68) Subpart L of this part contains rules for assignment of 
frequencies in the 470-512 MHz band.
    (69) Subpart S of this part contains rules for assignment of 
frequencies in the 806-824 MHz and 851-869 MHz bands.
    (70) Assignment of frequencies above 928 MHz for operational-fixed 
stations is governed by part 94 of this chapter.
    (71) Frequencies in this band are available only for one-way paging 
operations in accordance with Sec. 90.494.
    (72) This frequency band is available to stations in this service 
subject to the provisions of Sec. 90.259.
    (73) Available only on a shared basis with stations in other 
services, and subject to no protection from interference due to the 
operation of industrial, scientific, or medical (ISM) devices. In the 
2483.5-2500 MHz band, no applications for new stations or modification 
to existing stations to increase the number of transmitters will be 
accepted. Existing licensees as of July 25, 1985, or on a subsequent 
date following as a result of submitting an application for license on 
or before July 25, 1985, are grandfathered and their operation is co-
primary with the Radiodetermination Satellite Service.
    (74) This band is available for Digital Termination Systems and for 
associated internodal links in the Point-to-Point Microwave Radio 
Service. No new licenses will be issued under this subpart but current 
licenses will be renewed.
    (75) Appropriate frequencies in the band 2000-3000 kHz which are 
designated in part 80 of this chapter as available to Public Ship 
Stations for telephone communications with Public Coast Stations may be 
assigned on a secondary basis to fixed Stations in the Public Safety 
Pool for communication with Public Coast Stations only, provided such 
stations are located in the United States and the following conditions 
are met:
    (i) That such fixed station is established pursuant to the 
eligibility provisions of (Sec. 90.47) and that the isolated area 
involved is an island or other location not more than 480 km (300 
statute miles) removed from the desired;
    (ii) That evidence is submitted showing that an arrangement has been 
made with the coast station licensee for the handling of emergency 
communications permitted by Sec. 80.453 of this chapter and 
Sec. 90.20(a)(2)(x)(C); and
    (iii) That operation of the Public Safety fixed station shall at no 
time conflict with any provision of part 80 of this chapter and further, 
that such operation in general shall conform to the practices employed 
by Public Ship Stations for radiotelephone communication with the same 
Public Coast Station.
    (76) This frequency is authorized only for communications between 
medical facilities vehicles and personnel related to medical supervision 
and instruction for the treatment and transport of patients in the 
rendition or delivery of medical services. F1B, F1D, F2B, F2D, G1B, G1D, 
G2B, F3E and G3E emissions are authorized. Public Safety entities may 
use this frequency on a secondary basis for any other permissible 
communications consistent with Sec. 90.20(a)(1)(iii) or 
Sec. 90.20(a)(2)(xiii).
    (e) Additional frequencies available. In addition to the frequencies 
shown in the frequency table of this section, the following frequencies 
are available in this service. (See also Sec. 90.253.)
    (1) Substitution of frequencies available below 25 MHz may be made 
in accordance with the provisions of Sec. 90.263.
    (2) Frequencies in the band 73.0-74.6 MHz may be assigned to 
stations authorized their use on or before December 1, 1961, but no new 
stations will be authorized in this band, nor will expansion of existing 
systems be permitted. See also Sec. 90.257.
    (3) The frequency bands 31.99 to 32.00 MHz, 33.00 to 33.01 MHz, 
33.99 to 34.00 MHz, 37.93 to 38.00 MHz, 39.00 to 39.01 MHz, 39.99 to 
40.00 MHz and 42.00 to 42.01 MHz, are available for assignment for 
developmental operation subject to the provisions of subpart Q of this 
part.
    (4) Frequencies in the 421-430 MHz band are available in the 
Detroit, Cleveland, and Buffalo areas in accordance with the rules in 
Secs. 90.273 through 90.281.
    (5) A Police licensee may use transmitters on the frequencies 
indicated

[[Page 282]]

below in connection with official police activities without specific 
authorization from the Commission, provided that such use shall be on a 
secondary basis and shall not cause harmful interference to services of 
other licensees operating on regularly assigned frequencies, and further 
provided that all such use complies with the requirements of Federal, 
State and local laws. The provisions of Sec. 90.429 shall not apply to 
transmitters authorized under this paragraph. To be eligible for 
operations in this manner, the transmitter must comply with all of the 
following requirements.
    (i) In accordance with Sec. 90.203 and Sec. 2.803 of this chapter, 
the transmitter must be of a type which has been certificated by the 
Commission.
    (ii) The carrier frequency shall be within the bands listed below 
and must be maintained within 0.005 percent of the frequency of 
operation. Use on assigned channel center frequencies is not required.

30.85-30.87 MHz
30.89-30.91 MHz
30.93-30.95 MHz
30.97-30.99 MHz
31.01-31.03 MHz
31.05-31.07 MHz
31.09-31.11 MHz
31.13-31.15 MHz
31.17-31.19 MHz
31.21-31.23 MHz
31.25-31.27 MHz
31.29-31.31 MHz
31.33-31.35 MHz
31.37-31.39 MHz
31.41-31.43 MHz
31.45-31.47 MHz
31.49-31.51 MHz
31.53-31.55 MHz
31.57-31.59 MHz
31.61-31.63 MHz
31.65-31.67 MHz
31.69-31.71 MHz
31.73-31.75 MHz
31.77-31.79 MHz
31.81-31.83 MHz
31.85-31.87 MHz
31.89-31.91 MHz
31.93-31.95 MHz
31.97-32.00 MHz
33.00-33.03 MHz
33.05-33.07 MHz
33.41-34.00 MHz
37.00-37.43 MHz
37.89-38.00 MHz
39.00-40.00 MHz
42.00-42.91 MHz
44.61-45.91 MHz
45.93-45.95 MHz
45.97-45.99 MHz
46.01-46.03 MHz
46.05-46.60 MHz
47.00-47.41 MHz
150.995-151.490 MHz
153.740-154.445 MHz
154.635-155.195 MHz
155.415-156.250 MHz
158.715-159.465 MHz
453.0125-453.9875 MHz
458.0125-458.9875 MHz
460.0125-460.5125 MHz
460.5625-460.6375 MHz
462.9375-462.9875 MHz
465.0125-465.5125 MHz
465.5625-465.6375 MHz
467.9375-467.9875 MHz

    (iii) The emitted signal shall be non-voice modulation (type PO 
emission).
    (iv) The maximum occupied bandwidth, containing 99 percent of the 
radiated power, shall not exceed 2.0 kHz.
    (v) The transmitter output power shall not exceed a mean power of 30 
mW nor shall any peak exceed 1 watt peak power, as measured into a 50 
ohm resistive load. Should the transmitter be supplied with a 
permanently attached antenna or should the transmitter and antenna 
combination be contained in a sealed unit, the following standard may be 
used in lieu of the above: the field strength of the fundamental signal 
of the transmitter and antenna combination shall not exceed 0.4 V/m mean 
or 2.3 V/m peak when measured at a distance of 3 meters.
    (vi) The transmitter shall contain positive means to limit the 
transmission time to no more than 10 days. In the event of a malfunction 
of this positive means, the transmitter signal shall cease. The use of 
battery life to accomplish the transmission time limitation is 
permissible.
    (6) The frequency 173.075 MHz is available for stolen vehicle 
recovery systems on a shared basis with the Federal Government. Stolen 
vehicle recovery systems are limited to recovering stolen vehicles and 
are not authorized for general purpose vehicle tracking or monitoring. 
Mobile transmitters operating on this frequency are limited to 2.5 watts 
power output and base transmitters are limited 300 watts ERP. F1D and 
F2D emissions may be used within a maximum authorized 20 kHz bandwidth. 
Transmissions from mobiles shall be limited to 200 milliseconds every 10 
seconds, except that when a vehicle is being tracked actively, 
transmissions may be increased to 200 milliseconds every second. 
Transmissions from base stations will be limited to a total time of 1 
second every minute. Applications for base stations operating on this 
frequency shall require coordination with the Federal Government. 
Applicants shall perform an analysis for each base station located 
within 169 km (105 miles) of a TV channel 7 transmitter of potential 
interference to TV channel 7 viewers. Such stations will be authorized 
if the applicant has limited the interference contour to fewer than 100 
residences or if the applicant:
    (i) Shows that the proposed site is the only suitable location;
    (ii) Develops a plan to control any interference caused to TV 
reception from the operations; and

[[Page 283]]

    (iii) Agrees to make such adjustments in the TV receivers affected 
as may be necessary to eliminate interference caused by its operations. 
The licensee must eliminate any interference caused by its operation to 
TV channel 7 reception within 30 days of the time it is notified in 
writing by the Commission. If this interference is not removed within 
the 30-day period, operation of the base station must be discontinued. 
The licensee is expected to help resolve all complaints of interference.
    (f) Limitation on number of frequencies assignable. Normally only 
two frequencies or pairs of frequencies in the paired frequency mode of 
operation will be assigned for mobile service operations by a single 
applicant in a given area. The assignment of an additional frequency or 
pair of frequencies will be made only upon a satisfactory showing of 
need, except that:
    (1) Additional frequencies above 25 MHz may be assigned in 
connection with the operation of mobile repeaters in accordance with 
Sec. 90.247 notwithstanding this limitation;
    (2) The frequency 39.06 MHz may be assigned notwithstanding this 
limitation;
    (3) Frequencies in the 25-50 MHz, 150-170 MHz, 450-512 MHz and 902-
928 MHz bands may be assigned for the operation of Location and 
Monitoring Service (LMS) systems in accordance with the provisions of 
subpart M of this part, notwithstanding this limitation;
    (4) A licensee of a radio station in the Public Safety Radio Pool 
may operate radio units for the purpose of determining distance, 
direction, speed, or position by means of a radiolocation device on any 
frequency available for radiolocation purposes without specific 
authorization from the Commission, provided certificated equipment or 
equipment authorized pursuant to Secs. 90.203(b)(4) and (5) is used and 
all other rule requirements are satisfied; and
    (5) A Police licensee may use, without special authorization from 
the Commission, any mobile service frequency between 40 and 952 MHz, 
listed in paragraph (c)(3) of this section, for communications in 
connection with physical surveillance, stakeouts, raids, and other such 
activities. Such use shall be on a secondary basis to operations of 
licensees regularly authorized on the assigned frequencies. The maximum 
output power that may be used for such communications is 2 watts. 
Transmitters, operating under this provision of the rules, shall be 
exempted from the station identification requirements of Sec. 90.425. 
Use of frequencies not designated by a ``PP'' in the coordinator column 
of the frequency table in paragraph (c)(3) of this section, is 
conditional on the approval of the coordinator corresponding to each 
frequency. Spread spectrum transmitters may be operated on Public Safety 
Pool frequencies between 37 and 952 MHz, providing that they are 
certificated by the Commission under the provisions of Sec. 2.803 of 
this chapter and Sec. 90.203, and meet the following conditions:
    (i) Frequency hopping transmitters can be operated, with a maximum 
output power of 2 watts, on any Public Safety Pool frequency between 37 
and 952 MHz listed in paragraph (c)(3) of this section. At least 20 
hopping frequencies shall be used and the average time of occupancy on 
any frequency shall not be greater than \1/10\ second in every 2 
seconds;
    (ii) Use of spread spectrum transmitters under paragraph (f)(4) of 
this section is subject to approval by the applicable frequency 
coordinator of the radio services of the district in which the license 
and equipment are to be used; and
    (iii) The use of direct sequence spread spectrum equipment is also 
permitted. Equipment must meet the technical standards of Sec. 15.247 of 
this chapter.
    (6) In addition to the frequencies assigned for mobile service 
operation, one base station frequency above 152 MHz may be assigned as a 
common frequency to all licensees in a particular area to permit 
intersystem communication between base stations or mobile stations or 
both. This frequency use will not be authorized in any area where all 
available frequencies are required for independent systems.
    (7) A licensee may use, without a specific authorization from the 
Commission, transmitters on the frequencies indicated below in 
connection with wildlife tracking and/or telemetry and

[[Page 284]]

in connection with official forestry-conservation activities, provided 
that such use shall be on a secondary basis and shall not cause harmful 
interference to services of other licensees operating on regularly 
assigned frequencies. The provisions of Sec. 90.203, Sec. 90.425, and 
Sec. 90.429 shall not apply to transmitters complying with this 
paragraph. To be eligible for operations in this manner, the transmitter 
must comply with all of the following requirements.
    (i) The carrier frequency shall be within the bands listed below. 
The carrier frequency must be maintained within 0.005 percent of the 
frequency of operation.
    Use on assigned channel center frequencies is not required.

                                  (MHz)

31.17 to 31.19
31.21 to 31.23
31.25 to 31.27
31.29 to 31.31
31.33 to 31.35
31.37 to 31.39
31.41 to 31.43
31.45 to 31.47
31.49 to 31.51
31.53 to 31.55
31.57 to 31.59
31.61 to 31.63
31.65 to 31.67
31.69 to 31.71
31.73 to 31.75
31.77 to 31.79
31.81 to 31.83
31.85 to 31.87
31.89 to 31.91
31.93 to 31.95
31.97 to 31.99
44.63 to 44.65
44.67 to 44.69
44.71 to 44.73
44.75 to 44.77
44.79 to 44.81
44.83 to 44.85
44.87 to 44.89
44.91 to 44.93
44.95 to 44.97
44.99 to 45.01
45.03 to 45.05
151.145 to 151.475
159.225 to 159.465

    (ii) The emitted signal shall be non-voice modulation (A1D, A2D, 
F1D, or F2D emission).
    (iii) The maximum occupied bandwidth, containing 99 percent of the 
radiated power, shall not exceed 0.25 kHz.
    (iv) The transmitter output power shall not exceed a mean power of 5 
mW nor shall any peak exceed 100 mW peak power, as measured into a 
permanently attached antenna; or if the transmitter and antenna 
combination are contained in a sealed unit, the field strength of the 
fundamental signal of the transmitter and antenna combination shall not 
exceed 0.29 V/m mean or 1.28 V/m peak when measured at a distance of 3 
meters.
    (v) The requirements of Sec. 90.175 regarding frequency coordination 
apply.
    (8) An additional frequency may be assigned for paging operations 
from those frequencies available under paragraph (d)(13) of this 
section.
    (9) The frequency 155.340 MHz may be assigned as an additional 
frequency when it is designated as a mutual assistance frequency as 
provided in paragraph (d)(40) of this section.
    (10) Additional frequencies may be assigned for fixed station 
operations.
    (11) The assignment of an additional frequency or frequencies may be 
authorized notwithstanding this limitation for common, intra-county, 
intra-fire-district, or intrastate fire coordination operations. The 
frequency or frequencies requested must be in accordance with a 
frequency utilization plan, for the area involved, on file with the 
Commission.

[62 FR 18845, Apr. 17, 1997, as amended at 63 FR 36608, July 7, 1998]

    Effective Date Note:  At 63 FR 36608, July 7, 1998, Sec. 90.20, 
paragraph (e)(5)(i), (f)(4) and (f)(5) were amended by removing the term 
``type accepted'' and adding in its place ``certificated'', effective 
Oct. 5, 1998.



Sec. 90.22  Paging operations.

    Paging operations may be authorized in this service only on 
frequencies assigned under the provisions of Secs. 90.20(d) (10), (13), 
(60), and (72). Paging operations on other frequencies authorized before 
August 15, 1974, may be continued only if they do not cause harmful 
interference to regular operations on the same frequencies. Such paging 
operations may be renewed indefinitely on a secondary basis to regular 
operations, except within 125 kilometers (75 mi.) of the following 
urbanized areas:

------------------------------------------------------------------------
                                                     North       West
                 Urbanized area                    latitude    longitude
------------------------------------------------------------------------
New York, NY-Northeastern NJ....................    40-45-06    73-59-39
Los Angeles-Long Beach, CA......................    34-03-15   118-14-28
Chicago, IL.....................................    41-52-28    87-38-22
Philadelphia, PA-NJ.............................    39-56-58    75-09-21
Detroit, MI.....................................    42-19-48    83-02-57
San Francisco-Oakland, CA.......................    37-46-39   122-24-40
Boston, MA......................................    42-21-24    71-03-25
Washington, DC-MD-VA............................    38-53-51    77-00-33
Cleveland, OH...................................    41-29-51    81-41-50
St Louis, MO-IL.................................    38-37-45    90-12-22
Pittsburgh, PA..................................    40-26-19    80-00-00
Minneapolis-St Paul, MN.........................    44-58-57    93-15-43
Houston, TX.....................................    29-45-26    95-21-37
Baltimore, MD...................................    39-17-26    76-36-45
Dallas, TX......................................    32-47-09    96-47-37
Milwaukee, WI...................................    43-02-19    87-54-15
Seattle-Everett, WA.............................    47-36-32   122-20-12

[[Page 285]]

 
Miami, FL.......................................    25-46-37    80-11-32
San Diego, CA...................................    32-42-53   117-09-21
Atlanta, GA.....................................    33-45-10    84-23-37
Cincinnati, OH-KY...............................    39-06-07    84-30-35
Kansas City, MO-KS..............................    39-04-56    94-35-20
Buffalo, NY.....................................    42-52-52    78-52-21
Denver, CO......................................    39-44-58   104-59-22
San Jose, CA....................................    37-20-16   121-53-24
Tampa-St Petersburg, FL.........................    27-51-48    82-33-11
Phoenix, AZ.....................................    33-41-10   111-31-15
------------------------------------------------------------------------



                Subpart C--Industrial/Business Radio Pool

    Source: 62 FR 18874, Apr. 17, 1997, unless otherwise noted.



Sec. 90.31  Scope.

    The Industrial/Business Radio Pool covers the licensing of the radio 
communications of entities engaged in commercial activities, engaged in 
clergy activities, operating educational, philanthropic, or 
ecclesiastical institutions, or operating hospitals, clinics, or medical 
associations. Rules as to eligibility for licensing, frequencies 
available, permissible communications and classes and number of 
stations, and any special requirements are set forth in the following 
sections.



Sec. 90.33  General eligibility.

    (a) In addition to the eligibility shown in the Industrial/Business 
Pool, eligibility is also provided for any corporation proposing to 
furnish nonprofit radiocommunication service to its parent corporation, 
to another subsidiary of the same parent, or to its own subsidiary. This 
corporate eligibility is not subject to the cooperative use provision of 
Sec. 90.179.
    (b) Eligibility is also provided for a nonprofit corporation or 
association that is organized for the purpose of furnishing a 
radiocommunications service to persons who meet the eligibility 
requirements of the Industrial/Business Pool. Such use is subject to the 
cooperative use provisions of Sec. 90.179.



Sec. 90.35  Industrial/Business Pool.

    (a) Eligibility. Persons primarily engaged in any of the following 
activities are eligible to hold authorizations in the Industrial/
Business Pool to provide commercial mobile radio service as defined in 
part 20 of this chapter or to operate stations for transmission of 
communications necessary to such activities of the licensee:
    (1) The operation of a commercial activity;
    (2) The operation of educational, philanthropic, or ecclesiastical 
institutions;
    (3) Clergy activities; or
    (4) The operation of hospitals, clinics, or medical associations.
    (b) Industrial/Business Pool frequencies. (1) The following table 
indicates frequencies available for assignment to Industrial/Business 
Pool stations, together with the class of station(s) to which they are 
normally assigned, the specific assignment limitations which are 
explained in paragraph (b) of this section, and the certified frequency 
coordinator for each frequency:
    (2)(i) The letter symbol(s) listed in the Coordinator column of the 
frequency table in paragraph (a)(3) of this section specifies the 
frequency coordinator(s) for each frequency as follows:

IP--Petroleum Coordinator
IW--Power Coordinator
LR--Railroad Coordinator

    (ii) Frequencies without any coordinator specified may be 
coordinated by any coordinator certified in the Industrial/Business 
Pool.
    (3) Frequencies.

                Industrial/Business Pool Frequency Table
------------------------------------------------------------------------
                                   Class of
      Frequency or band           station(s)    Limitations  Coordinator
------------------------------------------------------------------------
                                Kilohertz
------------------------------------------------------------------------
1614.........................  Base or mobile.  1, 2, 3, 4.  IP
1628.........................  ......do.......  5.
1652.........................  ......do.......  5.
1676.........................  ......do.......  5.
1700.........................  ......do.......  5.
2000 to 25,000...............  Fixed, base or   1.
                                mobile.
2292.........................  Base or mobile.  5.
2398.........................  ......do.......  5, 7.
4637.5.......................  ......do.......  5, 7.
------------------------------------------------------------------------
                                Megahertz
------------------------------------------------------------------------
25.02........................  ......do.......  3, 4.......  IP
25.04........................  ......do.......  8..........  IP
25.06........................  ......do.......  3, 4.......  IP
25.08........................  ......do.......  8, 9.......  IP
25.10........................  ......do.......  3, 4, 9....  IP
25.12........................  ......do.......  ...........  IP
25.14........................  ......do.......  3, 4.......  IP
25.16........................  ......do.......  ...........  IP
25.18........................  ......do.......  3, 4.......  IP
25.20........................  ......do.......  ...........  IP

[[Page 286]]

 
25.22........................  ......do.......  4, 7.......  IP
25.24........................  ......do.......  ...........  IP
25.26........................  ......do.......  4, 7.......  IP
25.28........................  ......do.......  ...........  IP
25.30........................  ......do.......  4, 7.......  IP
25.32........................  ......do.......  ...........  IP
27.43........................  ......do.
27.45........................  ......do.
27.47........................  ......do.
27.49........................  ......do.......  10.
27.51........................  Mobile.........  11.
27.53........................  ......do.......  11.
29.71........................  Base or mobile
29.73........................  ......do.
29.75........................  ......do.
29.77........................  ......do.
29.79........................  ......do.
30.58........................  ......do.
30.60........................  ......do.
30.62........................  ......do.
30.64........................  ......do.
30.66........................  ......do.
30.68........................  ......do.
30.70........................  ......do.......  4, 7.......  IP
30.72........................  ......do.
30.74........................  ......do.
30.76........................  ......do.
30.78........................  ......do         4, 7.......  IP
30.80........................  ......do.
30.82........................  ......do.
30.84........................  Mobile.........  11, 12.
30.86........................  Base or mobile.  13
30.88........................  ......do.
30.90........................  ......do.......  13.
30.92........................  ......do.
30.94........................  ......do.......  13.
30.96........................  ......do.
30.98........................  ......do.......  13.
31.00........................  ......do.
31.02........................  ......do.......  13.
31.04........................  ......do.
31.06........................  ......do.......  13.
31.08........................  ......do.
31.10........................  ......do.......  13.
31.12........................  ......do.
31.14........................  ......do.......  13.
31.16........................  ......do.
31.20........................  ......do.
31.24........................  ......do.
31.28........................  ......do.
31.32........................  ......do.
31.36........................  ......do.
31.40........................  ......do.
31.44........................  ......do.
31.48........................  ......do.
31.52........................  ......do.
31.56........................  ......do.
31.60........................  ......do.
31.64........................  ......do.
31.68........................  ......do.
31.72........................  ......do.
31.76........................  ......do.
31.80........................  ......do.
31.84........................  ......do.
31.88........................  ......do.
31.92........................  ......do.
31.96........................  ......do.
33.12........................  ......do.......  11.
33.14........................  Mobile.........  11, 12.
33.16........................  Base or mobile
33.18........................  ......do.......  ...........  IP
33.20........................  ......do.......  ...........  IP
33.22........................  ......do.......  ...........  IP
33.24........................  ......do.......  ...........  IP
33.26........................  ......do.......  ...........  IP
33.28........................  ......do.......  ...........  IP
33.30........................  ......do.......  ...........  IP
33.32........................  ......do.......  ...........  IP
33.34........................  ......do.......  ...........  IP
33.36........................  ......do.......  ...........  IP
33.38........................  ......do.......  ...........  IP
33.40........................  Mobile.........  12, 14.
35.02........................  ......do.......  11, 12, 13.
35.04........................  Base or Mobile.   10.
35.06........................  ......do.
35.08........................  ......do.
35.10........................  ......do.
35.12........................  ......do.
35.14........................  ......do.
35.16........................  ......do.
35.18........................  ......do.
35.28........................  ......do.
35.32........................  ......do.
35.36........................  ......do.
35.40........................  ......do.
35.44........................  ......do.
35.48........................  ......do.
35.48........................  ......do.
35.52........................  ......do.
35.70........................  ......do.
35.72........................  ......do.
35.74........................  ......do.
35.76........................  ......do.
35.78........................  ......do.
35.80........................  ......do.
35.82........................  ......do.
35.84........................  ......do.
35.86........................  ......do.
35.88........................  ......do.
35.90........................  ......do.
35.92........................  ......do.
35.94........................  ......do.
35.96........................  ......do.
35.98........................  ......do.
36.25........................  ......do.......  15.........  IP
37.44........................  ......do.
37.46........................  ......do.......  ...........  IW
37.48........................  ......do.......  ...........  IW
37.50........................  ......do.......  ...........  IW
37.52........................  ......do.......  ...........  IW
37.54........................  ......do.......  ...........  IW
37.56........................  ......do.......  ...........  IW
37.58........................  ......do.......  ...........  IW
37.60........................  Base, mobile,    16.........  IW
                                or operational
                                fixed.
37.62........................  Base or mobile.  ...........  IW
37.64........................  ......do.......  ...........  IW
37.66........................  ......do.......  ...........  IW
37.68........................  ......do.......  ...........  IW
37.70........................  ......do.......  ...........  IW
37.72........................  ......do.......  ...........  IW
37.74........................  ......do.......  ...........  IW
37.76........................  ......do.......  ...........  IW
37.78........................  ......do.......  ...........  IW
37.80........................  ......do.......  ...........  IW
37.82........................  ......do.......  ...........  IW
37.84........................  Base, mobile,    16.........  IW
                                or operational
                                fixed.

[[Page 287]]

 
37.86........................  Base or mobile.  ...........  IW
37.88........................  ......do.
41.71........................  ......do.......  15.........  IP
42.96........................  ......do.
42.98........................  Mobile.........  11, 12.
43.00........................  Base or mobile
43.02........................  ......do.
43.04........................  ......do.......  17.
43.06........................  ......do.
43.08........................  ......do.
43.10........................  ......do.
43.12........................  ......do.
43.14........................  ......do.
43.16........................  Mobile.
43.18........................  Base or mobile.
43.28........................  ......do.
43.32........................  ......do.
43.36........................  ......do.
43.40........................  ......do.
43.44........................  ......do.
43.48........................  ......do.
43.52........................  ......do.
43.70........................  ......do.
43.72........................  ......do.......  18.
43.74........................  ......do.......  18.
43.76........................  ......do.
43.78........................  ......do.
43.80........................  ......do.
43.82........................  ......do.......  18.
43.84........................  ......do.......  18.
43.86........................  ......do.......  19.
43.88........................  ......do.......  19.
43.90........................  ......do.......  19.
43.92........................  ......do.......  18, 19.
43.94........................  ......do.......  19.
43.96........................  ......do.......  18.
43.98........................  ......do.
44.00........................  ......do.
44.02........................  ......do.
44.04........................  ......do.
44.06........................  ......do.
44.08........................  ......do.
44.10........................  ......do.......  20.
44.12........................  ......do.......  18.
44.14........................  ......do.
44.16........................  ......do.......  18.
44.18........................  ......do.......  18.
44.20........................  ......do.......  18, 21.
44.22........................  ......do.
44.24........................  ......do.
44.26........................  ......do.
44.28........................  ......do.
44.30........................  ......do.
44.32........................  ......do.......  18.
44.34........................  ......do.
44.36........................  ......do.......  18, 19.
44.38........................  ......do.......  19.
44.40........................  ......do.......  18, 19.
44.42........................  ......do.......  19.
44.44........................  ......do.......  19.
44.46........................  ......do.......  18.
44.48........................  ......do.......  18.
44.50........................  ......do.
44.52........................  ......do.
44.54........................  ......do.
44.56........................  ......do.
44.58........................  ......do.
44.60........................  ......do.
47.44........................  ......do.
47.48........................  ......do.
47.52........................  ......do.
47.56........................  ......do.
47.60........................  ......do.
47.64........................  ......do.
47.68........................  ......do.
47.70........................  ......do.......  ...........  IW
47.72........................  ......do.......  ...........  IW
47.74........................  ......do.......  ...........  IW
47.76........................  ......do.......  ...........  IW
47.78........................  ......do.......  ...........  IW
47.80........................  ......do.......  ...........  IW
47.82........................  ......do.......  ...........  IW
47.84........................  ......do.......  ...........  IW
47.86........................  ......do.......  ...........  IW
47.88........................  ......do.......  ...........  IW
47.90........................  ......do.......  ...........  IW
47.92........................  ......do.......  ...........  IW
47.94........................  ......do.......  ...........  IW
47.96........................  ......do.......  ...........  IW
47.98........................  ......do.......  ...........  IW
48.00........................  ......do.......  ...........  IW
48.02........................  ......do.......  ...........  IW
48.04........................  ......do.......  ...........  IW
48.06........................  ......do.......  ...........  IW
48.08........................  ......do.......  ...........  IW
48.10........................  ......do.......  ...........  IW
48.12........................  ......do.......  ...........  IW
48.14........................  ......do.......  ...........  IW
48.16........................  ......do.......  ...........  IW
48.18........................  ......do.......  ...........  IW
48.20........................  ......do.......  ...........  IW
48.22........................  ......do.......  ...........  IW
48.24........................  ......do.......  ...........  IW
48.26........................  ......do.......  ...........  IW
48.28........................  ......do.......  ...........  IW
48.30........................  ......do.......  ...........  IW
48.32........................  ......do.......  ...........  IW
48.34........................  ......do.......  ...........  IW
48.36........................  ......do.......  ...........  IW
48.38........................  ......do.......  ...........  IW
48.40........................  ......do.......  ...........  IW
48.42........................  ......do.......  ...........  IW
48.44........................  ......do.......  ...........  IW
48.46........................  ......do.......  ...........  IW
48.48........................  ......do.......  ...........  IW
48.50........................  ......do.......  ...........  IW
48.52........................  ......do.......  ...........  IW
48.54........................  ......do.......  ...........  IW
48.56........................  ......do.
48.58........................  ......do.
48.60........................  ......do.
48.62........................  ......do.
48.64........................  ......do.
48.66........................  ......do.
48.68........................  ......do.
48.70........................  ......do.
48.72........................  ......do.
48.74........................  ......do.
48.76........................  ......do.......  18.
48.78........................  ......do.
48.80........................  ......do.
48.82........................  ......do.
48.84........................  ......do.......  18.
48.86........................  ......do.......  18.
48.88........................  ......do.
48.90........................  ......do.
48.92........................  ......do.......  18.
48.94........................  ......do.
48.96........................  ......do.
48.98........................  ......do.

[[Page 288]]

 
49.00........................  ......do.
49.02........................  ......do.......  18.
49.04........................  ......do.
49.06........................  ......do.
49.08........................  ......do.......  18.
49.10........................  ......do.......  18.
49.12........................  ......do.
49.14........................  ......do.
49.16........................  ......do.......  18.
49.18........................  ......do.
49.20........................  ......do.......  18.
49.22........................  ......do.
49.24........................  ......do.......  18.
49.26........................  ......do.......  18.
49.28........................  ......do.......  18.
49.30........................  ......do.
49.32........................  ......do.
49.34........................  ......do.
49.36........................  ......do.......  18.
49.38........................  ......do.
49.40........................  ......do.......  18.
49.42........................  ......do.
49.44........................  ......do.
49.46........................  ......do.......  18.
49.48........................  ......do.
49.50........................  ......do.......  18.
49.52........................  ......do.
49.54........................  ......do.
49.56........................  ......do.
49.58........................  ......do.
72 to 76.....................  Operational      22.
                                fixed.
72.02........................  Mobile.........  23, 24.
72.04........................  ......do.......  23, 24.
72.06........................  ......do.......  23, 24.
72.08........................  ......do.......  23, 24, 25.
72.10........................  ......do.......  23, 24.
72.12........................  ......do.......  23, 24.
72.14........................  ......do.......  23, 24.
72.16........................  ......do.......  23, 24, 25.
72.18........................  ......do.......  23, 24.
72.20........................  ......do.......  23, 24.
72.22........................  ......do.......  23, 24.
72.24........................  ......do.......  23, 24, 25.
72.26........................  ......do.......  23, 24.
72.28........................  ......do.......  23, 24.
72.30........................  ......do.......  23, 24.
72.32........................  ......do.......  23, 24, 25.
72.34........................  ......do.......  23, 24.
72.36........................  ......do.......  23, 24.
72.38........................  ......do.......  23, 24.
72.40........................  ......do.......  23, 24, 25.
72.44........................  ......do.......  13, 24, 77.
72.48........................  ......do.......  13, 24, 77.
72.52........................  ......do.......  13, 24, 77.
72.56........................  ......do.......  13, 24, 77.
72.60........................  ......do.......  13, 24, 77.
74.61........................  ......do.......  26, 77.
74.63........................  ......do.......  26, 77.
74.65........................  ......do.......  26, 77.
74.67........................  ......do.......  26, 77.
74.69........................  ......do.......  26, 77.
74.71........................  ......do.......  26, 77.
74.73........................  ......do.......  26, 77.
74.75........................  ......do.......  26, 77.
74.77........................  ......do.......  26, 77.
74.79........................  ......do.......  26, 77.
75.21........................  ......do.......  26, 77.
75.23........................  ......do.......  26, 77.
75.25........................  ......do.......  26, 77.
75.27........................  ......do.......  26, 77.
75.29........................  ......do.......  26, 77.
75.31........................  ......do.......  26, 77.
75.33........................  ......do.......  26, 77.
75.35........................  ......do.......  26, 77.
75.37........................  ......do.......  26, 77.
75.39........................  ......do.......  26, 77.
75.44........................  ......do.......  13, 24, 77.
75.48........................  ......do.......  13, 24, 77.
75.52........................  ......do.......  13, 24, 77.
75.56........................  ......do.......  13, 24, 77.
75.60........................  ......do.......  13, 24, 77.
150 to 170...................  Base or mobile.   27.
150.815......................  ......do.
150.830......................  ......do.......  28, 29.
150.845......................  ......do.......
150.8525.....................  ......do.......  30.
150.860......................  ......do.
150.8675.....................  ......do.......   30.
150.875......................  ......do.
150.8825.....................  ......do.......  30.
150.890......................  ......do.
150.8975.....................  ......do.......  30.
150.905......................  ......do.
150.920......................  ......do.......  28, 29.
150.935......................  ......do.
150.9425.....................  ......do.......  30.
150.950......................  ......do.
150.9575.....................  ......do.......  30.
150.965......................  ......do.
150.9725.....................  ......do.......  30.
150.980......................  ......do.......  8..........  IP
150.9875.....................  ......do.......  8, 30......  IP
150.995......................  ......do.......  31.
151.0025.....................  ......do.......  30, 31.
151.010......................  ......do.......  31.
151.0175.....................  ......do.......  30, 31.
151.025......................  ......do.......  31.
151.0325.....................  ......do.......  30, 31.
151.040......................  ......do.......  31.
151.0475.....................  ......do.......  30, 31.
151.055......................  ......do.......  31.
151.070......................  Base...........  28, 29, 31.
151.085......................  Base or mobile.  31.
151.0925.....................  ......do.......  30, 31.
151.100......................  ......do.......  31.
151.1075.....................  ......do.......  30, 31.
151.115......................  ......do.......  31.
151.1225.....................  ......do.......  30, 31.
151.130......................  ......do.......  31.
151.1375.....................  ......do.......  30, 31.
151.145......................  ......do.......  31.
151.1525.....................  ......do.......  30, 31.
151.160......................  ......do.......  31.
151.1675.....................  ......do.......  30, 31.
151.175......................  ......do.......  31.
151.190......................  Base...........  28, 29, 31.
151.205......................  Base or mobile.  31.
151.2125.....................  ......do.......  30, 31.
151.220......................  ......do.......  31.
151.2275.....................  ......do.......  30, 31.
151.235......................  ......do.......  31.
151.2425.....................  ......do.......  30, 31.
151.250......................  ......do.......  31.
151.2575.....................  ......do.......  30, 31.
151.265......................  ......do.......  31.
151.2725.....................  ......do.......  30, 31.
151.280......................  ......do.......  31.
151.2875.....................  ......do.......  30, 31.
151.295......................  ......do.......  31.

[[Page 289]]

 
151.310......................  Base...........  28, 29, 31.
151.325......................  Base or mobile.  31.
151.3325.....................  ......do.......  30, 31.
151.340......................  ......do.......  31.
151.3475.....................  ......do.......  30, 31.
151.355......................  ......do.......  31.
151.3625.....................  ......do.......  30, 31.
151.370......................  ......do.......  31.
151.3775.....................  ......do.......  30, 31.
151.385......................  ......do.......  31.
151.3925.....................  ......do.......  30, 31.
151.400......................  ......do.......  31.
151.4075.....................  ......do.......  30, 31.
151.415......................  ......do.......  31.
151.4225.....................  ......do.......  30, 31.
151.430......................  ......do.......  31.
151.4375.....................  ......do.......  30, 31.
151.445......................  ......do.......  31.
151.4525.....................  ......do.......  30, 31.
151.460......................  ......do.......  31.
151.4675.....................  ......do.......  30, 31.
151.475......................  ......do.......  31.
151.4825.....................  ......do.......  30, 31.
151.490......................  ......do.......  32.
151.4975.....................  ......do.......  30, 32.
151.505......................  ......do.......  17.
151.5125.....................  ......do.......  17, 30.
151.520......................  ......do.
151.5275.....................  ......do.......  30.
151.535......................  ......do.
151.5425.....................  ......do.......  30.
151.550......................  ......do.
151.5575.....................  ......do.......  30.
151.565......................  ......do.
151.5725.....................  ......do.......  30.
151.580......................  ......do.
151.5875.....................  ......do.......  30.
151.595......................  ......do.
151.6025.....................  ......do.......  30.
151.625......................  ......do.......  10.
151.640......................  ......do.......  10, 33.
151.6475.....................  ......do.......  30.
151.655......................  ......do.
151.6625.....................  ......do.......  30.
151.670......................  ......do.......  30.
151.6775.....................  ......do.......  30.
151.685......................  ......do.
151.700......................  ......do.......  10, 30, 34.
151.715......................  ......do.
151.7225.....................  ......do.......  30.
151.730......................  ......do.......  30.
151.7375.....................  ......do.......  30.
151.745......................  ......do.
151.760......................  ......do.......  10, 30, 34.
151.775......................  ......do.
151.7825.....................  ......do.......  30.
151.790......................  ......do.......  30.
151.7975.....................  ......do.......  30.
151.805......................  ......do.
151.820......................  Mobile.........  12, 14, 30,
                                                 35.
151.835......................  Base or mobile.
151.8425.....................  ......do.......  30.
151.850......................  ......do.......  30.
151.8575.....................  ......do.......  30.
151.865......................  ......do.
151.880......................  Mobile.........  12, 14, 30,
                                                 35.
151.895......................  Base or mobile.
151.9025.....................  ......do.......  30.
151.910......................  ......do.......  30.
151.9175.....................  ......do.......  30.
151.925......................  ......do.
151.940......................  Mobile.........  12, 14, 30,
                                                 35.
151.955......................  Base or Mobile.
151.9625.....................  ......do.......  30.
151.970......................  ......do.......  30.
151.9775.....................  ......do.......  30.
151.985......................  ......do.
152.2625.....................  ......do.......  33.
152.270......................  ......do.......  6.
152.2775.....................  ......do.......  6, 30.
152.285......................  ......do.......  6.
152.2925.....................  ......do.......  6, 30.
152.300......................  ......do.......  6.
152.3075.....................  ......do.......  6, 30.
152.315......................  ......do.......  6.
152.3225.....................  ......do.......  6, 30.
152.330......................  ......do.......  6.
152.3375.....................  ......do.......  6, 30.
152.345......................  ......do.......  6.
152.3525.....................  ......do.......  6, 30.
152.360......................  ......do.......  6.
152.3675.....................  ......do.......  6, 30.
152.375......................  ......do.......  6.
152.3825.....................  ......do.......  6, 30.
152.390......................  ......do.......  6.
152.3975.....................  ......do.......  6, 30.
152.405......................  ......do.......  6.
152.4125.....................  ......do.......  6, 30.
152.420......................  ......do.......  6.
152.4275.....................  ......do.......  6, 30.
152.435......................  ......do.......  6.
152.4425.....................  ......do.......  6, 30.
152.450......................  ......do.......  6.
152.4575.....................  ......do.......  6, 30.
152.465......................  ......do.......  6.
152.480......................  ......do.......  29, 36, 37,
                                                 38.
152.8625.....................  ......do.......  33.
152.870......................  ......do.......  6.
152.8775.....................  ......do.......  30.
152.885......................  ......do.
152.8925.....................  ......do.......  30.
152.900......................  ......do.
152.9075.....................  ......do.......  30.
152.915......................  ......do.
152.9225.....................  ......do.......  30.
152.930......................  ......do.
152.9375.....................  ......do.......  30.
152.945......................  ......do.
152.9525.....................  ......do.......  30.
152.960......................  ......do.
152.9675.....................  ......do.......  30.
152.975......................  ......do.
152.9825.....................  ......do.......  30.
152.990......................  ......do.
152.9975.....................  ......do.......  30.
153.005......................  ......do.
153.0125.....................  ......do.......  30.
153.020......................  ......do.
153.0275.....................  ......do.......  30.
153.035......................  ......do.
153.0425.....................  ......do.......  30.
153.050......................  ......do.......  4, 7.
153.0575.....................  ......do.......  4, 7, 30.
153.065......................  ......do.
153.0725.....................  ......do.......  30.
153.080......................  ......do.......  4, 7.

[[Page 290]]

 
153.0875.....................  ......do.......  4, 7, 30.
153.095......................  ......do.
153.1025.....................  ......do.......  30.
153.110......................  ......do.......  4, 7.
153.1175.....................  ......do.......  4, 7, 30.
153.125......................  ......do.
153.1325.....................  ......do.......  30.
153.140......................  ......do.......  4, 7.
153.1475.....................  ......do.......  4, 7, 30.
153.155......................  ......do.
153.1625.....................  ......do.......  30.
153.170......................  ......do.......  4, 7.
153.1775.....................  ......do.......  4, 7, 30.
153.185......................  ......do.
153.1925.....................  ......do.......  30.
153.200......................  ......do.......  4, 7.
153.2075.....................  ......do.......  4, 7, 30.
153.215......................  ......do.
153.2225.....................  ......do.......  30.
153.230......................  ......do.......  4, 7.
153.2375.....................  ......do.......  4, 7, 30.
153.245......................  ......do.
153.2525.....................  ......do.......  30.
153.260......................  ......do.......  4, 7.
153.2675.....................  ......do.......  4, 7, 30.
153.275......................  ......do.
153.2825.....................  ......do.......  30.
153.290......................  ......do.......  4, 7.
153.2975.....................  ......do.......  4, 7, 30.
153.305......................  ......do.
153.3125.....................  ......do.......  30.
153.320......................  ......do.......  4, 7.
153.3275.....................  ......do.......  4, 7, 30.
153.335......................  ......do.
153.3425.....................  ......do.......  30.
153.350......................  ......do.......  4, 7.
153.3575.....................  ......do.......  4, 7, 30.
153.365......................  ......do.
153.3725.....................  ......do.......  30.
153.380......................  ......do.
153.3875.....................  ......do.......  30.
153.395......................  ......do.
153.4025.....................  ......do.......  30.
153.410......................  ......do.......  ...........  IW
153.4175.....................  ......do.......  30.........  IW
153.425......................  ......do.
153.4325.....................  ......do.......  30.
153.440......................  ......do.
153.4475.....................  ......do.......  30.
153.455......................  ......do.
153.4625.....................  ......do.......  30.
153.470......................  ......do.......  ...........  IW
153.4775.....................  ......do.......  30           IW
153.485......................  ......do.
153.4925.....................  ......do.......  30.
153.500......................  ......do.
153.5075.....................  ......do.......  30.
153.515......................  ......do.
153.5225.....................  ......do.......  30.
153.530......................  ......do.......               IW
153.5375.....................  ......do.......  30.........  IW
153.545......................  ......do.
153.5525.....................  ......do.......  30.
153.560......................  ......do.
153.5675.....................  ......do.......  30.
153.575......................  ......do.
153.5825.....................  ......do.......  30.
153.590......................  ......do.......  ...........  IW
153.5975.....................  ......do.......  30.........  IW
153.605......................  ......do.
153.6125.....................  ......do.......  30.
153.620......................  ......do.
153.6275.....................  ......do.......  30.
153.635......................  ......do.
153.6425.....................  ......do.......  30.
153.650......................  ......do.......  ...........  IW
153.6575.....................  ......do.......  30.........  IW
153.665......................  ......do.
153.6725.....................  ......do.......  30.
153.680......................  ......do.
153.6875.....................  ......do.......  30.
153.695......................  ......do.......  ...........  IW
153.7025.....................  ......do.......  30.........  IW
153.710......................  ......do.......  ...........  IW
153.7175.....................  ......do.......  30.........  IW
153.725......................  ......do.......  ...........  IW
153.7325.....................  ......do.......  30.........  IW
154.45625....................  Fixed or mobile  39, 40, 41,
                                                 42.
154.46375....................  ......do         39, 40, 43.
154.47125....................  ......do         39, 40, 41,
                                                 44.
154.47875....................  ......do         39, 40, 41,
                                                 42.
154.4825.....................  Base or mobile.  30.
154.490......................  ......do.
154.4975.....................  ......do.......  30.
154.505......................  ......do.......  30.
154.515......................  ......do.
154.5275.....................  Mobile.........  10, 30, 34.
154.540......................  ......Base or
                                mobile.
154.5475.....................  ......do.......  30.
154.555......................  ......do.......  33.
154.570......................  Mobile.........  11, 12, 35,
                                                 45.
154.585......................  ......do.......  8, 46......  IP
154.600......................  ......do.......  11, 12, 45,
                                                 47.
154.610......................  Base or mobile.  33.
154.625......................  ......do.......  36, 37, 48.
154.640......................  Base...........  30, 36, 37,
                                                 48.
157.470......................  Base or mobile.  12.
157.4775.....................  ......do.......  12, 30.
157.485......................  ......do.......  12.
157.4925.....................  ......do.......  12, 30.
157.500......................  ......do.......  12.
157.5075.....................  ......do.......  12, 30.
157.515......................  ......do.......  12.
157.5225.....................  ......do.......  12, 30.
157.530......................  Mobile.........  6.
157.5375.....................  ......do         6, 30.
157.545......................  ......do         6.
157.5525.....................  ......do         6, 30.
157.560......................  Base or mobile.  6.
157.5675.....................  ......do.......  6, 30.
157.575......................  Mobile.........  6.
157.5825.....................  ......do.......  6, 30.
157.590......................  ......do.......  6.
157.5975.....................  ......do.......  6, 30.
157.605......................  ......do.......  6.
157.6125.....................  ......do.......  6, 30.
157.620......................  Base or mobile.  6.
157.6275.....................  ......do.......  6, 30.
157.635......................  Mobile.........  6.
157.6425.....................  ......do.......  6, 30.
157.650......................  ......do.......  6.
157.6575.....................  ......do.......  6, 30.
157.665......................  ......do.......  6.

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157.6725.....................  ......do.......  6, 30.
157.680......................  ......do.......  6.
157.6875.....................  ......do.......  6, 30.
157.695......................  ......do.......  6.
157.7025.....................  ......do.......  6, 30.
157.710......................  ......do.......  6.
157.7175.....................  ......do.......  6, 30.
157.725......................  Base or mobile.  6.
157.740......................  ......do.......  29, 36, 37,
                                                 38.
158.1225.....................  ......do.......  l33........  IW
158.130......................  ......do.......  ...........  IW
158.1375.....................  ......do.......  30.........  IW
158.145......................  ......do.
158.1525.....................  ......do.......  30.
158.160......................  ......do.
158.1675.....................  ......do.......  30.
158.175......................  ......do.
158.1825.....................  ......do.......  30.
158.190......................  ......do.......  ...........  IW
158.1975.....................  ......do.......  30.........  IW
158.205......................  ......do.
158.2125.....................  ......do.......  30.
158.220......................  ......do.
158.2275.....................  ......do.......  30.
158.235......................  ......do.
158.2425.....................  ......do.......  30.
158.250......................  ......do.......  ...........  IW
158.2575.....................  ......do.......  30.........  IW
158.265......................  ......do.
158.2725.....................  ......do.......  30.
158.280......................  ......do.
158.2875.....................  ......do.......  30.
158.295......................  ......do.
158.3025.....................  ......do.......  30.
158.310......................  ......do.......  4, 7.
158.3175.....................  ......do.......  4, 7, 30.
158.325......................  ......do.
158.3325.....................  ......do.......  30.
158.340......................  Mobile.
158.3475.....................  ......do.......  30.
158.355......................  Base or mobile.
158.3625.....................  ......do.......  30.
158.370......................  ......do.......  4, 7.
158.3775.....................  ......do.......  4, 7, 30.
158.385......................  ......do.
158.3925.....................  ......do.......  30.
158.400......................  ......do.......  17.
158.4075.....................  ......do.......  17, 30.
158.415......................  ......do.
158.4225.....................  ......do.......  30.
158.430......................  ......do.......  4, 7.
158.4375.....................  ......do.......  4, 7, 30.
158.445......................  Mobile.........  8, 49......  IP
158.460......................  Base or mobile.  29, 36, 37,
                                                 38, 48.
159.480......................  ......do.......  8.           IP
159.4875.....................  ......do.......  8, 30.       IP
159.495......................  ......do.
159.5025.....................  ......do.......  30.
159.510......................  ......do.
159.5175.....................  ......do.......  30.
159.525......................  ......do.
159.5325.....................  ......do.......  30.
159.540......................  ......do.
159.5475.....................  ......do.......  30.
159.555......................  ......do.
159.5625.....................  ......do.......  30.
159.570......................  ......do.
159.5775.....................  ......do.......  30.
159.585......................  ......do.
159.5925.....................  ......do.......  30.
159.600......................  ......do.
159.6075.....................  ......do.......  30.
159.615......................  ......do.
159.6225.....................  ......do.......  30.
159.630......................  ......do.
159.6375.....................  ......do.......  30.
159.645......................  ......do.
159.6525.....................  ......do.......  30.
159.660......................  ......do.
159.6675.....................  ......do.......  30.
159.675......................  ......do.
159.6825.....................  ......do.......  30.
159.690......................  ......do.
159.6975.....................  ......do.......  30.
159.705......................  ......do.
159.7125.....................  ......do.......  30.
159.720......................  ......do.
159.7275.....................  ......do.......  30.
159.735......................  ......do.
159.7425.....................  ......do.......  30.
159.750......................  ......do.
159.7575.....................  ......do.......  30.
159.765......................  ......do.
159.7725.....................  ......do.......  30.
159.780......................  ......do.
159.7875.....................  ......do.......  30.
159.795......................  ......do.
159.8025.....................  ......do.......  30.
159.810......................  ......do.
159.8175.....................  ......do.......  30.
159.825......................  ......do.
159.8325.....................  ......do.......  30.
159.840......................  ......do.
159.8475.....................  ......do.......  30.
159.855......................  ......do.
159.8625.....................  ......do.......  30.
159.870......................  ......do.
159.8775.....................  ......do.......  30.
159.885......................  ......do.
159.8925.....................  ......do.......  30.
159.900......................  ......do.
159.9075.....................  ......do.......  30.
159.915......................  ......do.
159.9225.....................  ......do.......  30.
159.930......................  ......do.
159.9375.....................  ......do.......  30.
159.945......................  ......do.
159.9525.....................  ......do.......  30.
159.960......................  ......do.
159.9675.....................  ......do.......  30.
159.975......................  ......do.
159.9825.....................  ......do.......  30.
159.990......................  ......do.
159.9975.....................  ......do.......  30.
160.005......................  ......do.
160.0125.....................  ......do.......  30.
160.020......................  ......do.
160.0275.....................  ......do.......  30.
160.035......................  ......do.
160.0425.....................  ......do.......   30.
160.050......................  ......do.
160.0575.....................  ......do.......   30.
160.065......................  ......do.
160.0725.....................  ......do.......   30.
160.080......................  ......do.
160.0875.....................  ......do.......   30.
160.095......................  ......do.
160.1025.....................  ......do.......   30.

[[Page 292]]

 
160.110......................  ......do.
160.1175.....................  ......do.......   30.
160.125......................  ......do.
160.1325.....................  ......do.......   30.
160.140......................  ......do.
160.1475.....................  ......do.......   30.
160.155......................  ......do.
160.1625.....................  ......do.......   30.
160.170......................  ......do.
160.1775.....................  ......do.......   30.
160.185......................  ......do.
160.1925.....................  ......do.......   30.
160.200......................  ......do.
160.2075.....................  ......do.......   30.
160.215......................  ......do.......  50.........  LR
160.2225.....................  ......do.......  30, 50.....  LR
160.230......................  ......do.......  50.........  LR
160.2375.....................  ......do.......  30, 50.....  LR
160.245......................  ......do.......  50.........  LR
160.2525.....................  ......do.......  30, 50.....  LR
160.260......................  ......do.......  50.........  LR
160.2675.....................  ......do.......  30, 50.....  LR
160.275......................  ......do.......  50.........  LR
160.2825.....................  ......do.......  30, 50.....  LR
160.290......................  ......do.......  50.........  LR
160.2975.....................  ......do.......  30, 50.....  LR
160.305......................  ......do.......  50.........  LR
160.3125.....................  ......do.......  30, 50.....  LR
160.320......................  ......do.......  50.........  LR
160.3275.....................  ......do.......  30, 50.....  LR
160.335......................  ......do.......  50.........  LR
160.3425.....................  ......do.......  30, 50.....  LR
160.350......................  ......do.......  50.........  LR
160.3575.....................  ......do.......  30, 50.....  LR
160.365......................  ......do.......  50.........  LR
160.3725.....................  ......do.......  30, 50.....  LR
160.380......................  ......do.......  50.........  LR
160.3875.....................  ......do.......  30, 50.....  LR
160.395......................  ......do.......  50.........  LR
160.4025.....................  ......do.......  30, 50.....  LR
160.410......................  ......do.......  50, 52.....  LR
160.4175.....................  ......do.......  30, 50, 52.  LR
160.425......................  ......do.......  50, 52.....  LR
160.4325.....................  ......do.......  30, 50, 52.  LR
160.440......................  ......do.......  50, 52.....  LR
160.4475.....................  ......do.......  30, 50, 52.  LR
160.455......................  ......do.......  50, 52.....  LR
160.4625.....................  ......do.......  30, 50, 52.  LR
160.470......................  ......do.......  50, 52.....  LR
160.4775.....................  ......do.......  30, 50, 52.  LR
160.485......................  ......do.......  50, 52.....  LR
160.4925.....................  ......do.......  30, 50, 52.  LR
160.500......................  ......do.......  50, 52.....  LR
160.5075.....................  ......do.......  30, 50, 52.  LR
160.515......................  ......do.......  50, 52.....  LR
160.5225.....................  ......do.......  30, 50, 52.  LR
160.530......................  ......do.......  50, 52.....  LR
160.5375.....................  ......do.......  30, 50, 52.  LR
160.545......................  ......do.......  50, 52.....  LR
160.5525.....................  ......do.......  30, 50, 52.  LR
160.560......................  ......do.......  50, 52.....  LR
160.5675.....................  ......do.......  30, 50, 52.  LR
160.575......................  ......do.......  50, 52.....  LR
160.5825.....................  ......do.......  30, 50, 52.  LR
160.590......................  ......do.......  50, 52.....  LR
160.5975.....................  ......do.......  30, 50, 52.  LR
160.605......................  ......do.......  50, 52.....  LR
160.6125.....................  ......do.......  30, 50, 52.  LR
160.620......................  ......do.......  50.........  LR
160.6275.....................  ......do.......  30, 50.....  LR
160.635......................  ......do.......  50.........  LR
160.6425.....................  ......do.......  30, 50.....  LR
160.650......................  ......do.......  50.........  LR
160.6575.....................  ......do.......  30, 50.....  LR
160.665......................  ......do.......  50.........  LR
160.6725.....................  ......do.......  30, 50.....  LR
160.680......................  ......do.......  50.........  LR
160.6875.....................  ......do.......  30, 50.....  LR
160.695......................  ......do.......  50.........  LR
160.7025.....................  ......do.......  30, 50.....  LR
160.710......................  ......do.......  50.........  LR
160.7175.....................  ......do.......  30, 50.....  LR
160.725......................  ......do.......  50.........  LR
160.7325.....................  ......do.......  30, 50.....  LR
160.740......................  ......do.......  50.........  LR
160.7475.....................  ......do.......  30, 50.....  LR
160.755......................  ......do.......  50.........  LR
160.7625.....................  ......do.......  30, 50.....  LR
160.770......................  ......do.......  50.........  LR
160.7775.....................  ......do.......  30, 50.....  LR
160.785......................  ......do.......  50.........  LR
160.7925.....................  ......do.......  30, 50.....  LR
160.800......................  ......do.......  50.........  LR
160.8075.....................  ......do.......  30, 50.....  LR
160.815......................  ......do.......  50.........  LR
160.8225.....................  ......do.......  30, 50.....  LR
160.830......................  ......do.......  50.........  LR
160.8375.....................  ......do.......  30, 50.....  LR
160.845......................  ......do.......  50.........  LR
160.8525.....................  ......do.......  30, 50.....  LR
160.860......................  ......do.......  50, 51.....  LR
160.8675.....................  ......do.......  30, 50, 51.  LR
160.875......................  ......do.......  50, 51.....  LR
160.8825.....................  ......do.......  30, 50, 51.  LR
160.890......................  ......do.......  50, 51.....  LR
160.8975.....................  ......do.......  30, 50, 51.  LR
160.905......................  ......do.......  50, 51.....  LR
160.9125.....................  ......do.......  30, 50, 51.  LR
160.920......................  ......do.......  50, 51.....  LR
160.9275.....................  ......do.......  30, 50, 51.  LR
160.935......................  ......do.......  50, 51.....  LR
160.9425.....................  ......do.......  30, 50, 51.  LR
160.950......................  ......do.......  50, 51.....  LR
160.9575.....................  ......do.......  30, 50, 51.  LR
160.965......................  ......do.......  50, 51.....  LR
160.9725.....................  ......do.......  30, 50, 51.  LR
160.980......................  ......do.......  50, 51.....  LR
160.9875.....................  ......do.......  30, 50, 51.  LR
160.995......................  ......do.......  50, 51.....  LR
161.0025.....................  ......do.......  30, 50, 51.  LR
161.010......................  ......do.......  50, 51.....  LR
161.0175.....................  ......do.......  30, 50, 51.  LR
161.025......................  ......do.......  50, 51.....  LR
161.0325.....................  ......do.......  30, 50, 51.  LR
161.040......................  ......do.......  50, 51.....  LR
161.0475.....................  ......do.......  30, 50, 51.  LR
161.055......................  ......do.......  50, 51.....  LR
161.0625.....................  ......do.......  30, 50, 51.  LR
161.070......................  ......do.......  50, 51.....  LR
161.0775.....................  ......do.......  30, 50, 51.  LR
161.085......................  ......do.......  50, 51.....  LR
161.0925.....................  ......do.......  30, 50, 51.  LR
161.100......................  ......do.......  50, 51.....  LR
161.1075.....................  ......do.......  30, 50, 51.  LR
161.115......................  ......do.......  50, 51.....  LR
161.1225.....................  ......do.......  30, 50, 51.  LR
161.130......................  ......do.......  50, 51.....  LR
161.1375.....................  ......do.......  30, 50, 51.  LR
161.145......................  ......do.......  50, 51.....  LR
161.1525.....................  ......do.......  30, 50, 51.  LR

[[Page 293]]

 
161.160......................  ......do.......  50, 51.....  LR
161.1675.....................  ......do.......  30, 50, 51.  LR
161.175......................  ......do.......  50, 51.....  LR
161.1825.....................  ......do.......  30, 50, 51.  LR
161.190......................  ......do.......  50, 51.....  LR
161.1975.....................  ......do.......  30, 50, 51.  LR
161.205......................  ......do.......  50, 51.....  LR
161.2125.....................  ......do.......  30, 50, 51.  LR
161.220......................  ......do.......  50, 51.....  LR
161.2275.....................  ......do.......  30, 50, 51.  LR
161.235......................  ......do.......  50, 51.....  LR
161.2425.....................  ......do.......  30, 50, 51.  LR
161.250......................  ......do.......  50, 51.....  LR
161.2575.....................  ......do.......  30, 50, 51.  LR
161.265......................  ......do.......  50, 51.....  LR
161.2725.....................  ......do.......  30, 50, 51.  LR
161.280......................  ......do.......  50, 51.....  LR
161.2875.....................  ......do.......  30, 50, 51.  LR
161.295......................  ......do.......  50, 51.....  LR
161.3025.....................  ......do.......  30, 50, 51.  LR
161.310......................  ......do.......  50, 51.....  LR
161.3175.....................  ......do.......  30, 50, 51.  LR
161.325......................  ......do.......  50, 51.....  LR
161.3325.....................  ......do.......  30, 50, 51.  LR
161.340......................  ......do.......  50, 51.....  LR
161.3475.....................  ......do.......  30, 50, 51.  LR
161.355......................  ......do.......  50, 51.....  LR
161.3625.....................  ......do.......  30, 50, 51.  LR
161.370......................  ......do.......  50, 51.....  LR
161.3775.....................  ......do.......  30, 50, 51.  LR
161.385......................  ......do.......  50, 52.....  LR
161.3925.....................  ......do.......  30, 50, 52.  LR
161.400......................  ......do.......  50, 52.....  LR
161.4075.....................  ......do.......  30, 50, 52.  LR
161.415......................  ......do.......  50, 52.....  LR
161.4225.....................  ......do.......  30, 50, 52.  LR
161.430......................  ......do.......  50, 52.....  LR
161.4375.....................  ......do.......  30, 50, 52.  LR
161.445......................  ......do.......  50, 52.....  LR
161.4525.....................  ......do.......  30, 50, 52.  LR
161.460......................  ......do.......  50, 52.....  LR
161.4675.....................  ......do.......  30, 50, 52.  LR
161.475......................  ......do.......  50, 52.....  LR
161.4825.....................  ......do.......  30, 50, 52.  LR
161.490......................  ......do.......  50, 52.....  LR
161.4975.....................  ......do.......  30, 50, 52.  LR
161.505......................  ......do.......  50, 52.....  LR
161.5125.....................  ......do.......  30, 50, 52.  LR
161.520......................  ......do.......  50, 52.....  LR
161.5275.....................  ......do.......  30, 50, 52.  LR
161.535......................  ......do.......  50, 52.....  LR
161.5425.....................  ......do.......  30, 50, 52.  LR
161.550......................  ......do.......  50, 52.....  LR
161.5575.....................  ......do.......  30, 50, 52.  LR
161.565......................  ......do.......  50, 52.....  LR
161.610......................  ......do.......  78.........  LR
169 to 172...................  Mobile,          53.
                                operational
                                fixed.
173.20375....................  Fixed or mobile  39, 40, 41,
                                                 44.
173.210......................  ......do.......  40, 41, 44,
                                                 54.
173.225......................  Base or mobile.
173.2375.....................  Fixed or mobile  39, 40, 41,
                                                 42.
173.250......................  Base or mobile
173.2625.....................  Fixed or mobile  39, 40, 41,
                                                 42.
173.275......................  Base or mobile.
173.2875.....................  Fixed or mobile  39, 40, 41,
                                                 42.
173.300......................  Base or mobile.
173.3125.....................  Fixed or mobile  39, 40, 41,
                                                 42.
173.325......................  Base or mobile.
173.3375.....................  Fixed or mobile  39, 40, 41,
                                                 42.
173.350......................  Base or mobile.
173.3625.....................  Fixed or mobile  39, 40, 41,
                                                 42.
173.375......................  Base or mobile.
173.390......................  Fixed or mobile  40, 41, 44,
                                                 54.
173.39625....................  ......do.......  39, 40, 41,
                                                 42.
216 to 220...................  Base or mobile.  55.
220 to 222...................  Base and mobile  56.
406 to 413...................  Operational      53.
                                fixed.
450 to 470...................  Fixed, base, or  27, 57.
                                mobile.
451.01875....................  Base or mobile.  l33........  IW
451.025......................  ......do.......  ...........  IW
451.03125....................  ......do.......   33........  IW
451.0375.....................  ......do.......   30........  IW
451.04375....................  ......do.......   33........  IW
451.050......................  ......do.......  ...........  IW
451.05625....................  ......do.......   33........  IW
451.0625.....................  ......do.......   30........  IW
451.06875....................  ......do.......   33........  IW
451.075......................  ......do.......  ...........  IW
451.08125....................  ......do.......   33........  IW
451.0875.....................  ......do.......   30........  IW
451.09375....................  ......do.......   33........  IW
451.100......................  ......do.......  ...........  IW
451.10625....................  ......do.......   33........  IW
451.1125.....................  ......do.......   30........  IW
451.11875....................  ......do.......   33........  IW
451.125......................  ......do.......  ...........  IW
451.13125....................  ......do.......   33........  IW
451.1375.....................  ......do.......   30........  IW
451.14375....................  ......do.......   33........  IW
451.150......................  ......do.......  ...........  IW
451.15625....................  ......do.......   33........  IW
451.1625.....................  ......do.......   30........  IW
451.16875....................  ......do.......   33........  IW
451.175......................  ......do.
451.18125....................  ......do.......  33.
451.1875.....................  ......do.......  30.
451.19375....................  ......do.......  33.
451.200......................  ......do.......  ...........  IW
451.20625....................  ......do.......   33........  IW
451.2125.....................  ......do.......   30........  IW
451.21875....................  ......do.......   33........  IW
451.225......................  ......do.
451.23125....................  ......do.......  33.
451.2375.....................  ......do.......  30.
451.24375....................  ......do.......  33.
451.250......................  ......do.......  ...........  IW
451.25625....................  ......do.......  33.........  IW
451.2625.....................  ......do.......  30.........  IW
451.26875....................  ......do.......   33........  IW
451.275......................  ......do.
451.28125....................  ......do.......  33.
451.2875.....................  ......do.......  30.
451.29375....................  ......do.......  33.
451.300......................  ......do.
451.30625....................  ......do.......  33.
451.3125.....................  ......do.......  30.
451.31875....................  ......do.......  33.

[[Page 294]]

 
451.325......................  ......do.
451.33125....................  ......do.......  33.
451.3375.....................  ......do.......  30.
451.34375....................  ......do.......  33.
451.350......................  ......do.
451.35625....................  ......do.......  33.
451.3625.....................  ......do.......  30.
451.36875....................  ......do.......  33.
451.375......................  ......do.
451.38125....................  ......do.......  33.
451.3875.....................  ......do.......  30.
451.39375....................  ......do.......  33.
451.400......................  ......do.
451.40625....................  ......do.......  33.
451.4125.....................  ......do.......  30.
451.41875....................  ......do.......  33.
451.425......................  ......do.
451.43125....................  ......do.......  33.
451.4375.....................  ......do.......  30.
451.44375....................  ......do.......  33.
451.450......................  ......do.
451.45625....................  ......do.......  33.
451.4625.....................  ......do.......  30.
451.46875....................  ......do.......  33.
451.475......................  ......do.
451.48125....................  ......do.......  33.
451.4875.....................  ......do.......  30.
451.49375....................  ......do.......  33.
451.500......................  ......do.
451.50625....................  ......do.......  33.
451.5125.....................  ......do.......  30.
451.51875....................  ......do.......  33.
451.525......................  ......do.
451.53125....................  ......do.......  33.
451.5375.....................  ......do.......  30.
451.54375....................  ......do.......  33.
451.550......................  ......do.......  4, 7.
451.55625....................  ......do.......  4, 7, 33.
451.5625.....................  ......do.......  4, 7, 30.
451.56875....................  ......do.......  4, 7, 33.
451.575......................  ......do.
451.58125....................  ......do.......  33.
451.5875.....................  ......do.......  30.
451.59375....................  ......do.......  33.
451.600......................  ......do.......  4, 7.
451.60625....................  ......do.......  4, 7, 33.
451.6125.....................  ......do.......  4, 7, 30.
451.61875....................  ......do.......  4, 7, 33.
451.625......................  ......do.
451.63125....................  ......do.......  33.
451.6375.....................  ......do.......  30.
451.64375....................  ......do.......  33.
451.650......................  ......do.......  4, 7.
451.65625....................  ......do.......  4, 7, 33.
451.6625.....................  ......do.......  4, 7, 30.
451.66875....................  ......do.......  4, 7, 33.
451.675......................  ......do.
451.68125....................  ......do.......  33.
451.6875.....................  ......do.......  30.
451.69375....................  ......do.......  33.
451.700......................  ......do.......  4, 7.
451.70625....................  ......do.......  4, 7, 33.
451.7125.....................  ......do.......  4, 7, 30.
451.71875....................  ......do.......  4, 7, 33.
451.725......................  ......do.
451.73125....................  ......do.......  33.
451.7375.....................  ......do.......  30.
451.74375....................  ......do.......  33.
451.750......................  ......do.......  4, 7.
451.75625....................  ......do.......  4, 7, 33.
451.7625.....................  ......do.......  4, 7, 30.
451.76875....................  ......do.......  4, 7, 33.
451.775......................  ......do.
451.78125....................  ......do.......  33.
451.7875.....................  ......do.......  30.
451.79375....................  ......do.......  33.
451.800......................  Base, mobile,    17, 58.
                                or operational
                                fixed.
451.80625....................  ......do.......  17, 33, 58.
451.8125.....................  ......do.......  17, 30, 58.
451.81875....................  ......do.......  17, 33, 58.
451.825......................  Base or mobile.
451.83125....................  ......do.......  33.
451.8375.....................  ......do.......  30.
451.84375....................  ......do.......  33.
451.850......................  ......do.
451.85625....................  ......do.......  33.
451.8625.....................  ......do.......  30.
451.86875....................  ......do.......  33.
451.875......................  ......do.
451.88125....................  ......do.......  33.
451.8875.....................  ......do.......  30.
451.89375....................  ......do.......  33.
451.900......................  ......do.
451.90625....................  ......do.......  33.
451.9125.....................  ......do.......  30.
451.91875....................  ......do.......  33.
451.925......................  ......do.
451.93125....................  ......do.......   33.
451.9375.....................  ......do.......  30.
451.94375....................  ......do.......  33.
451.950......................  ......do.
451.95625....................  ......do.......  33.
451.9625.....................  ......do.......  30.
451.96875....................  ......do.......  33.
451.975......................  ......do.
451.98125....................  ......do.......  33.
451.9875.....................  ......do.......  30.
451.99375....................  ......do.......  33.
452.000......................  ......do.
452.00625....................  ......do.......  33.
452.0125.....................  ......do.......  30.
452.01875....................  ......do.......  33.
452.025......................  ......do.
452.03125....................  ......do.......  33.
452.0375.....................  ......do.......  30.
452.04375....................  ......do.......  33.
452.050......................  ......do.
452.05625....................  ......do.......  33.
452.0625.....................  ......do.......  30.
452.06875....................  ......do.......  33.
452.075......................  ......do.
452.08125....................  ......do.......  33.
452.0875.....................  ......do.......  30.
452.09375....................  ......do.......  33.
452.100......................  ......do.
452.10625....................  ......do.......  33.
452.1125.....................  ......do.......  30.
452.11875....................  ......do.......  33.
452.125......................  ......do.
452.13125....................  ......do.......  33.
452.1375.....................  ......do.......  30.
452.14375....................  ......do.......  33.
452.150......................  ......do.
452.15625....................  ......do.......  33.
452.1625.....................  ......do.......  30.
452.16875....................  ......do.......  33.
452.175......................  ......do.
452.18125....................  ......do.......  33.

[[Page 295]]

 
452.1875.....................  ......do.......  30.
452.19375....................  ......do.......  33.
452.200......................  ......do.
452.20625....................  ......do.......  33.
452.2125.....................  ......do.......  30.
452.21875....................  ......do.......  33.
452.225......................  ......do
452.23125....................  ......do.......  33.
452.2375.....................  ......do.......  30.
452.24375....................  ......do.......  33.
452.250......................  ......do.
452.25625....................  ......do.......  33.
452.2625.....................  ......do.......  30.
452.26875....................  ......do.......  33.
452.275......................  ......do.
452.28125....................  ......do.......  33.
452.2875.....................  ......do.......  30.
452.29375....................  ......do.......  33.
452.300......................  ......do.
452.30625....................  ......do.......  33.
452.3125.....................  ......do.......  30.
452.31875....................  ......do.......  33.
452.325......................  ......do.
452.33125....................  ......do.......  33.
452.3375.....................  ......do.......  30.
452.34375....................  ......do.......  33.
452.350......................  ......do.
452.35625....................  ......do.......  33.
452.3625.....................  ......do.......  30.
452.36875....................  ......do.......  33.
452.375......................  ......do.
452.38125....................  ......do.......  33.
452.3875.....................  ......do.......  30.
452.39375....................  ......do.......  33.
452.400......................  ......do.
452.40625....................  ......do.......  33.
452.4125.....................  ......do.......  30.
452.41875....................  ......do.......  33.
452.425......................  ......do.
452.43125....................  ......do.......  33.
452.4375.....................  ......do.......  30.
452.44375....................  ......do.......  33.
452.450......................  ......do.
452.45625....................  ......do.......  33.
452.4625.....................  ......do.......  30.
452.46875....................  ......do.......  33.
452.475......................  ......do.
452.48125....................  ......do.......  33.
452.4875.....................  ......do.......  30.
452.49375....................  ......do.......  33.
452.500......................  ......do.
452.50625....................  ......do.......  33.
452.5125.....................  ......do.......  30.
452.51875....................  ......do.......  33.
452.525......................  ......do.
452.53125....................  ......do.......  33.
452.5375.....................  ......do.......  30.
452.54375....................  ......do.......  33.
452.550......................  ......do.
452.55625....................  ......do.......  33.
452.5625.....................  ......do.......  30.
452.56875....................  ......do.......  33.
452.575......................  ......do.
452.58125....................  ......do.......  33.
452.5875.....................  ......do.......  30.
452.59375....................  ......do.......  33.
452.600......................  ......do.
452.60625....................  ......do.......  33.
452.6125.....................  ......do.......  30.
452.61875....................  ......do.......  33.
452.625......................  ......do.
452.63125....................  ......do.......  33.
452.6375.....................  ......do.......  30.
452.64375....................  ......do.......  33.
452.650......................  ......do.
452.65625....................  ......do.......  33.
452.6625.....................  ......do.......  30.
452.66875....................  ......do.......  33.
452.675......................  ......do.
452.68125....................  ......do.......  33.
452.6875.....................  ......do.......  30.
452.69375....................  ......do.......  33.
452.700......................  ......do.
452.70625....................  ......do.......  33.
452.7125.....................  ......do.......  30.
452.71875....................  ......do.......  33.
452.725......................  ......do.
452.73125....................  ......do.......  33.
452.7375.....................  ......do.......  30.
452.74375....................  ......do.......  33.
452.750......................  ......do.
452.75625....................  ......do.......  33.
452.7625.....................  ......do.......  30.
452.76875....................  ......do.......  33.
452.775......................  ......do.
452.78125....................  ......do.......  33.
452.7875.....................  ......do.......  30.
452.79375....................  ......do.......  33.
452.800......................  ......do.
452.80625....................  ......do.......  33.
452.8125.....................  ......do.......  30.
452.81875....................  ......do.......  33.
452.825......................  ......do.
452.83125....................  ......do.......  33.
452.8375.....................  ......do.......  30.
452.84375....................  ......do.......  33.
452.850......................  ......do.
452.85625....................  ......do.......  33.
452.8625.....................  ......do.......  30.
452.86875....................  ......do.......  33.
452.875......................  ......do.
452.88125....................  ......do.......  33.
452.8875.....................  ......do.......  30.
452.89375....................  ......do.......  33.
452.900......................  ......do.......  ...........  LR
452.90625....................  ......do.......  33.........  LR
452.9125.....................  ......do.......  30.........  LR
452.91875....................  ......do.......  33.........  LR
452.925......................  ......do.......  59.........  LR
452.93125....................  ......do.......  33, 59.....  LR
452.9375.....................  ......do.......  30, 59.....  LR
452.94375....................  ......do.......  33, 59.....  LR
452.950......................  ......do.......  59.........  LR
452.95625....................  ......do.......  33, 59.....  LR
452.9625.....................  ......do.......  30, 59.....  LR
452.96875....................  ......do.......  33, 59.....  LR
452.975......................  ......do.
452.98125....................  ......do.......  33.
452.9875.....................  ......do.......  30.
452.99375....................  ......do.......  33.
453.000......................  ......do.
453.00625....................  ......do.......  33.
453.0125.....................  ......do.......  30.
453.01875....................  ......do.......  33.
454.000......................  ......do.......  8            IP
456.01875....................  ......do.......  33.........  IW
456.025......................  Mobile.........  ...........  IW
456.03125....................  ......do.......  33.........  IW
456.0375.....................  ......do.......  30.........  IW
456.04375....................  ......do.......  33.........  IW

[[Page 296]]

 
456.050......................  ......do.......  ...........  IW
456.05625....................  ......do.......  33.........  IW
456.0625.....................  ......do.......  30.........  IW
456.06875....................  ......do.......  33.........  IW
456.075......................  ......do.......  ...........  IW
456.08125....................  ......do.......  33.........  IW
456.0875.....................  ......do.......  30.........  IW
456.09375....................  ......do.......  33.........  IW
456.100......................  ......do.......  ...........  IW
456.10625....................  ......do.......  33.........  IW
456.1125.....................  ......do.......  30.........  IW
456.11875....................  ......do.......  33.........  IW
456.125......................  ......do.......  ...........  IW
456.13125....................  ......do.......  33.........  IW
456.1375.....................  ......do.......  30.........  IW
456.14375....................  ......do.......  33.........  IW
456.150......................  ......do.......  ...........  IW
456.15625....................  ......do.......  33.........  IW
456.1625.....................  ......do.......  30.........  IW
456.16875....................  ......do.......  33.........  IW
456.175......................  ......do.
456.18125....................  ......do.......  33.
456.1875.....................  ......do.......  30.
456.19375....................  ......do.......  33.
456.200......................  ......do.......  ...........  IW
456.20625....................  ......do.......  33.........  IW
456.2125.....................  ......do.......  30.........  IW
456.21875....................  ......do.......  33.........  IW
456.225......................  ......do.
456.23125....................  ......do.......  33.
456.2375.....................  ......do.......  30.
456.24375....................  ......do.......  33.
456.250......................  ......do.......  ...........  IW
456.25625....................  ......do.......  33.........  IW
456.2625.....................  ......do.......  30.........  IW
456.26875....................  ......do.......  33.........  IW
456.275......................  ......do.
456.28125....................  ......do.......  33.
456.2875.....................  ......do.......  30.
456.29375....................  ......do.......  33.
456.300......................  ......do.
456.30625....................  ......do.......  33.
456.3125.....................  ......do.......  30.
456.31875....................  ......do.......  33.
456.325......................  ......do.
456.33125....................  ......do.......  33.
456.3375.....................  ......do.......  30.
456.34375....................  ......do.......  33.
456.350......................  ......do.
456.35625....................  ......do.......  33.
456.3625.....................  ......do.......  30.
456.36875....................  ......do.......  33.
456.375......................  ......do.
456.38125....................  ......do.......  33.
456.3875.....................  ......do.......  30.
456.39375....................  ......do.......  33.
456.400......................  ......do.
456.40625....................  ......do.......  33.
456.4125.....................  ......do.......  30.
456.41875....................  ......do.......  33.
456.425......................  ......do.
456.43125....................  ......do.......  33.
456.4375.....................  ......do.......  30.
456.44375....................  ......do.......  33.
456.450......................  ......do.
456.45625....................  ......do.......  33.
456.4625.....................  ......do.......  30.
456.46875....................  ......do.......  33.
456.475......................  ......do.
456.48125....................  ......do.......  33.
456.4875.....................  ......do.......  30.
456.49375....................  ......do.......  33.
456.500......................  ......do.
456.50625....................  ......do.......  33.
456.5125.....................  ......do.......  30.
456.51875....................  ......do.......  33.
456.525......................  ......do.
456.53125....................  ......do.......  33.
456.5375.....................  ......do.......  30.
456.54375....................  ......do.......  33.
456.550......................  ......do.
456.55625....................  ......do.......  33.
456.5625.....................  ......do.......  30.
456.56875....................  ......do.......  33.
456.575......................  ......do.
456.58125....................  ......do.......  33.
456.5875.....................  ......do.......  30.
456.59375....................  ......do.......  33.
456.600......................  ......do.
456.60625....................  ......do.......  33.
456.6125.....................  ......do.......  30.
456.61875....................  ......do.......  33.
456.625......................  ......do.
456.63125....................  ......do.......  33.
456.6375.....................  ......do.......  30.
456.64375....................  ......do.......  33.
456.650......................  ......do.
456.65625....................  ......do.......  33.
456.6625.....................  ......do.......  30.
456.66875....................  ......do.......  33.
456.675......................  ......do.
456.68125....................  ......do.......  33.
456.6875.....................  ......do.......  30.
456.69375....................  ......do.......  33.
456.700......................  ......do.
456.70625....................  ......do.......  33.
456.7125.....................  ......do.......  30.
456.71875....................  ......do.......  33.
456.725......................  ......do.
456.73125....................  ......do.......  33.
456.7375.....................  ......do.......  30.
456.74375....................  ......do.......  33.
456.750......................  ......do.
456.75625....................  ......do.......  33.
456.7625.....................  ......do.......  30.
456.76875....................  ......do.......  33.
456.775......................  ......do.
456.78125....................  ......do.......  33.
456.7875.....................  ......do.......  30.
456.79375....................  ......do.......  33.
456.800......................  Base, mobile,    17, 58.
                                or operational
                                fixed.
456.80625....................  ......do.......  17, 33, 58.
456.8125.....................  ......do.......  17, 30, 58.
456.81875....................  ......do.......  17, 33, 58.
456.825......................  Mobile.
456.83125....................  ......do.......  33.
456.8375.....................  ......do.......  30.
456.84375....................  ......do.......  33.
456.850......................  ......do.
456.85625....................  ......do.......  33.
456.8625.....................  ......do.......  30.
456.86875....................  ......do.......  33.
456.875......................  ......do.
456.88125....................  ......do.......  33.
456.8875.....................  ......do.......  30.
456.89375....................  ......do.......  33.
456.900......................  ......do.
456.90625....................  ......do.......  33.

[[Page 297]]

 
456.9125.....................  ......do.......  30.
456.91875....................  ......do.......  33.
456.925......................  ......do.
456.93125....................  ......do.......  33.
456.9375.....................  ......do.......  30.
456.94375....................  ......do.......  33.
456.950......................  ......do.
456.95625....................  ......do.......  33.
456.9625.....................  ......do.......  30.
456.96875....................  ......do.......  33.
456.975......................  ......do.
456.98125....................  ......do.......  33.
456.9875.....................  ......do.......  30.
456.99375....................  ......do.......  33.
457.000......................  ......do.
457.00625....................  ......do.......  33.
457.0125.....................  ......do.......  30.
457.01875....................  ......do.......  33.
457.025......................  ......do.
457.03125....................  ......do.......  33.
457.0375.....................  ......do.......  30.
457.04375....................  ......do.......  33.
457.050......................  ......do.
457.05625....................  ......do.......  33.
457.0625.....................  ......do.......  30.
457.06875....................  ......do.......  33.
457.075......................  ......do.
457.08125....................  ......do.......  33.
457.0875.....................  ......do.......  30.
457.09375....................  ......do.......  33.
457.100......................  ......do.
457.10625....................  ......do.......  33.
457.1125.....................  ......do.......  30.
457.11875....................  ......do.......  33.
457.125......................  ......do.
457.13125....................  ......do.......  33.
457.1375.....................  ......do.......  30.
457.14375....................  ......do.......  33.
457.150......................  ......do.
457.15625....................  ......do.......  33.
457.1625.....................  ......do.......  30.
457.16875....................  ......do.......  33.
457.175......................  ......do.
457.18125....................  ......do.......  33.
457.1875.....................  ......do.......  30.
457.19375....................  ......do.......  33.
457.200......................  ......do.
457.20625....................  ......do.......  33.
457.2125.....................  ......do.......  30.
457.21875....................  ......do.......  33.
457.225......................  ......do.
457.23125....................  ......do.......  33.
457.2375.....................  ......do.......  30.
457.24375....................  ......do.......  33.
457.250......................  ......do.
457.25625....................  ......do.......  33.
457.2625.....................  ......do.......  30.
457.26875....................  ......do.......  33.
457.275......................  ......do.
457.28125....................  ......do.......  33.
457.2875.....................  ......do.......  30.
457.29375....................  ......do.......  33.
457.300......................  ......do.
457.30625....................  ......do.......  33.
457.3125.....................  ......do.......  30.
457.31875....................  ......do.......  33.
457.325......................  ......do.
457.33125....................  ......do.......  33.
457.3375.....................  ......do.......  30.
457.34375....................  ......do.......  33.
457.350......................  ......do.
457.35625....................  ......do.......  33.
457.3625.....................  ......do.......  30.
457.36875....................  ......do.......  33.
457.375......................  ......do.
457.38125....................  ......do.......  33.
457.3875.....................  ......do.......  30.
457.39375....................  ......do.......  33.
457.400......................  ......do.
457.40625....................  ......do.......  33.
457.4125.....................  ......do.......  30.
457.41875....................  ......do.......  33.
457.425......................  ......do.
457.43125....................  ......do.......  33.
457.4375.....................  ......do.......  30.
457.44375....................  ......do.......  33.
457.450......................  ......do.
457.45625....................  ......do.......  33.
457.4625.....................  ......do.......  30.
457.46875....................  ......do.......  33.
457.475......................  ......do.
457.48125....................  ......do.......  33.
457.4875.....................  ......do.......  30.
457.49375....................  ......do.......  33.
457.500......................  ......do.
457.50625....................  ......do.......  33.
457.5125.....................  ......do.......  30.
457.51875....................  ......do.......  33.
457.525......................  ......do.......  11, 12, 47,
                                                 60.
457.53125....................  ......do.......  11, 12, 33,
                                                 47, 60.
457.5375.....................  ......do.......  11, 12, 30,
                                                 47, 60.
457.54375....................  ......do.......  11, 12, 33,
                                                 47, 60.
457.550......................  ......do.......  11, 12, 47,
                                                 60.
457.55625....................  ......do.......  11, 12, 33,
                                                 47, 60.
457.5625.....................  ......do.......  11, 12, 30,
                                                 47, 60.
457.56875....................  ......do.......  11, 12, 33,
                                                 47, 60.
457.575......................  ......do.......  11, 12, 47,
                                                 60.
457.58125....................  ......do.......  11, 12, 33,
                                                 47, 60.
457.5875.....................  ......do.......  11, 12, 30,
                                                 47, 60.
457.59375....................  ......do.......  11, 12, 33,
                                                 47, 60.
457.600......................  ......do.......  11, 12, 47,
                                                 60.
457.60625....................  ......do.......  11, 12, 33,
                                                 47, 60.
457.6125.....................  ......do.......  11, 12, 30,
                                                 47, 60.
457.61875....................  ......do.......  11, 12, 33,
                                                 47, 60.
457.625......................  ......do.
457.63125....................  ......do.......  33.
457.6375.....................  ......do.......  30.
457.64375....................  ......do.......  33.
457.650......................  ......do.
457.65625....................  ......do.......  33.
457.6625.....................  ......do.......  30.
457.66875....................  ......do.......  33.
457.675......................  ......do.
457.68125....................  ......do.......  33.

[[Page 298]]

 
457.6875.....................  ......do.......  30.
457.69375....................  ......do.......  33.
457.700......................  ......do.
457.70625....................  ......do.......  33.
457.7125.....................  ......do.......  30.
457.71875....................  ......do.......  33.
457.725......................  ......do.
457.73125....................  ......do.......  33.
457.7375.....................  ......do.......  30.
457.74375....................  ......do.......  33.
457.750......................  ......do.
457.75625....................  ......do.......  33.
457.7625.....................  ......do.......  30.
457.76875....................  ......do.......  33.
457.775......................  ......do.
457.78125....................  ......do.......  33.
457.7875.....................  ......do.......  30.
457.79375....................  ......do.......  33.
457.800......................  ......do.
457.80625....................  ......do.......  33.
457.8125.....................  ......do.......  30.
457.81875....................  ......do.......  33.
457.825......................  ......do.
457.83125....................  ......do.......  33.
457.8375.....................  ......do.......  30.
457.84375....................  ......do.......  33.
457.850......................  ......do.
457.85625....................  ......do.......  33.
457.8625.....................  ......do.......  30.
457.86875....................  ......do.......  33.
457.875......................  ......do.
457.88125....................  ......do.......  33.
457.8875.....................  ......do.......  30.
457.89375....................  ......do.......  33.
457.900......................  ......do.......  ...........  LR
457.90625....................  ......do.......  33.........  LR
457.9125.....................  ......do.......  30.........  LR
457.91875....................  ......do.......  33.........  LR
457.925......................  ......do.......  59.........  LR
457.93125....................  ......do.......  33, 59.....  LR
457.9375.....................  ......do.......  30, 59.....  LR
457.94375....................  ......do.......  33, 59.....  LR
457.950......................  ......do.......  59.........  LR
457.95625....................  ......do.......  33, 59.....  LR
457.9625.....................  ......do.......  30, 59.....  LR
457.96875....................  ......do.......  33, 59.....  LR
457.975......................  ......do.
457.98125....................  ......do.......  33.
457.9875.....................  ......do.......  30.
457.99375....................  ......do.......  33.
458.000......................  ......do.
458.00625....................  ......do.......  33.
458.0125.....................  ......do.......  30.
458.01875....................  ......do.......  33.
459.000......................  Base or mobile.  8..........  IP
460.650......................  ......do.......  48, 61, 62.
460.65625....................  ......do.......  33, 48, 61,
                                                 62.
460.6625.....................  ......do.......  30, 48, 61,
                                                 62, 69.
460.66875....................  ......do.......  33, 48, 61,
                                                 62.
460.675......................  ......do.......  48, 61, 62.
460.68125....................  ......do.......  33, 48, 61,
                                                 62.
460.6875.....................  ......do.......  30, 48, 61,
                                                 62, 69.
460.69375....................  ......do.......  33, 48, 61,
                                                 62.
460.700......................  ......do.......  48, 61, 62.
460.70625....................  ......do.......  33, 48, 61,
                                                 62.
460.7125.....................  ......do.......  30, 48, 61,
                                                 62, 69.
460.71875....................  ......do.......  33, 48, 61,
                                                 62.
460.725......................  ......do.......  48, 61, 62.
460.73125....................  ......do.......  33, 48, 61,
                                                 62.
460.7375.....................  ......do.......  30, 48, 61,
                                                 62, 69.
460.74375....................  ......do.......  33, 48, 61,
                                                 62.
460.750......................  ......do.......  48, 61, 62.
460.75625....................  ......do.......  33, 48, 61,
                                                 62.
460.7625.....................  ......do.......  30, 48, 61,
                                                 62, 69.
460.76875....................  ......do.......  33, 48, 61,
                                                 62.
460.775......................  ......do.......  48, 61, 62.
460.78125....................  ......do.......  33, 48, 61,
                                                 62.
460.7875.....................  ......do.......  30, 48, 61,
                                                 62, 69.
460.79375....................  ......do.......  33, 48, 61,
                                                 62.
460.800......................  ......do.......  48, 61, 62.
460.80625....................  ......do.......  33, 48, 61,
                                                 62.
460.8125.....................  ......do.......  30, 48, 61,
                                                 62, 69.
460.81875....................  ......do.......  33, 48, 61,
                                                 62.
460.825......................  ......do.......  48, 61, 62.
460.83125....................  ......do.......  33, 48, 61,
                                                 62.
460.8375.....................  ......do.......  30, 48, 61,
                                                 62, 69.
460.84375....................  ......do.......  33, 48, 61,
                                                 62.
460.850......................  ......do.......  48, 61, 62.
460.85625....................  ......do.......  33, 48, 61,
                                                 62.
460.8625.....................  ......do.......  30, 48, 61,
                                                 62, 69.
460.86875....................  ......do.......  33, 48, 61,
                                                 62.
460.875......................  ......do.......  48, 61, 62.
460.88125....................  ......do.......  33, 48, 61,
                                                 62.
460.8875.....................  ......do.......  30, 48, 61,
                                                 62, 69.
460.89375....................  ......do.......  33, 48, 61,
                                                 62.
460.900......................  ......do.......  63, 64, 65.
460.90625....................  ......do.......  33, 63, 64,
                                                 65.
460.9125.....................  ......do.......  30, 63, 64,
                                                 65.
460.91875....................  ......do.......  33, 63, 64,
                                                 65.
460.925......................  ......do.......  63, 64, 65.
460.93125....................  ......do.......  33, 63, 64,
                                                 65.
460.9375.....................  ......do.......  30, 63, 64,
                                                 65.
460.94375....................  ......do.......  33, 63, 64,
                                                 65.
460.950......................  ......do.......  63, 64, 65.

[[Page 299]]

 
460.95625....................  ......do.......  33, 63, 64,
                                                 65.
460.9625.....................  ......do.......  30, 63, 64,
                                                 65.
460.96875....................  ......do.......  33, 63, 64,
                                                 65.
460.975......................  ......do.......  64, 65, 66
460.98125....................  ......do.......  33, 64, 65,
                                                 66.
460.9875.....................  ......do.......  30, 64, 65,
                                                 66.
460.99375....................  ......do.......  33, 64, 65,
                                                 66.
461.000......................  ......do.......  64, 65, 66.
461.00625....................  ......do.......  33, 64, 65,
                                                 66.
461.0125.....................  ......do.......  30, 64, 65,
                                                 66.
461.01875....................  ......do.......  33, 64, 65,
                                                 66.
461.025......................  ......do.......  62.
461.03125....................  ......do.......  33, 62.
461.0375.....................  ......do.......  30, 62.
461.04375....................  ......do.......  33, 62.
461.050......................  ......do.......  62.
461.05625....................  ......do.......  33, 62.
461.0625.....................  ......do.......  30, 62.
461.06875....................  ......do.......  33, 62.
461.075......................  ......do.......  62.
461.08125....................  ......do.......  33, 62.
461.0875.....................  ......do.......  30, 62.
461.09375....................  ......do.......  33, 62.
461.100......................  ......do.......  62.
461.10625....................  ......do.......  33, 62.
461.1125.....................  ......do.......  30, 62.
461.11875....................  ......do.......  33, 62.
461.125......................  ......do.......  62.
461.13125....................  ......do.......  33, 62.
461.1375.....................  ......do.......  30, 62.
461.14375....................  ......do.......  33, 62.
461.150......................  ......do.......  62.
461.15625....................  ......do.......  33, 62.
461.1625.....................  ......do.......  30, 62.
461.16875....................  ......do.......  33, 62.
461.175......................  ......do.......  62.
461.18125....................  ......do.......  33, 62.
461.1875.....................  ......do.......  30, 62.
461.19375....................  ......do.......  33, 62.
461.200......................  ......do.......  62.
461.20625....................  ......do.......  33, 62.
461.2125.....................  ......do.......  30, 62.
461.21875....................  ......do.......  33, 62.
461.225......................  ......do.......  62.
461.23125....................  ......do.......  33, 62.
461.2375.....................  ......do.......  30, 62.
461.24375....................  ......do.......  33, 62.
461.250......................  ......do.......  62.
461.25625....................  ......do.......  33, 62.
461.2625.....................  ......do.......  30, 62.
461.26875....................  ......do.......  33, 62.
461.275......................  ......do.......  62.
461.28125....................  ......do.......  33, 62.
461.2875.....................  ......do.......  30, 62.
461.29375....................  ......do.......  33, 62.
461.300......................  ......do.......  62.
461.30625....................  ......do.......  33, 62.
461.3125.....................  ......do.......  30, 62.
461.31875....................  ......do.......  33, 62.
461.325......................  ......do.......  62.
461.33125....................  ......do.......  33, 62.
461.3375.....................  ......do.......  30, 62.
461.34375....................  ......do.......  33, 62.
461.350......................  ......do.......  62.
461.35625....................  ......do.......  33, 62.
461.3625.....................  ......do.......  30, 62.
461.36875....................  ......do.......  33, 62.
461.375......................  ......do.......  62.
461.38125....................  ......do.......  33, 62.
461.3875.....................  ......do.......  30, 62.
461.39375....................  ......do.......  33, 62.
461.400......................  ......do.......  62.
461.40625....................  ......do.......  33, 62.
461.4125.....................  ......do.......  30, 62.
461.41875....................  ......do.......  33, 62.
461.425......................  ......do.......  62.
461.43125....................  ......do.......  33, 62.
461.4375.....................  ......do.......  30, 62.
461.44375....................  ......do.......  33, 62.
461.450......................  ......do.......  62.
461.45625....................  ......do.......  33, 62.
461.4625.....................  ......do.......  30, 62.
461.46875....................  ......do.......  33, 62.
461.475......................  ......do.......  62.
461.48125....................  ......do.......  33, 62.
461.4875.....................  ......do.......  30, 62.
461.49375....................  ......do.......  33, 62.
461.500......................  ......do.......  62.
461.50625....................  ......do.......  33, 62.
461.5125.....................  ......do.......  30, 62.
461.51875....................  ......do.......  33, 62.
461.525......................  ......do.......  62.
461.53125....................  ......do.......  33, 62.
461.5375.....................  ......do.......  30, 62.
461.54375....................  ......do.......  33, 62.
461.550......................  ......do.......  62.
461.55625....................  ......do.......  33, 62.
461.5625.....................  ......do.......  30, 62.
461.56875....................  ......do.......  33, 62.
461.575......................  ......do.......  62.
461.58125....................  ......do.......  33, 62.
461.5875.....................  ......do.......  30, 62.
461.59375....................  ......do.......  33, 62.
461.600......................  ......do.......  62.
461.60625....................  ......do.......  33, 62.
461.6125.....................  ......do.......  30, 62.
461.61875....................  ......do.......  33, 62.
461.625......................  ......do.......  62.
461.63125....................  ......do.......  33, 62.
461.6375.....................  ......do.......  30, 62.
461.64375....................  ......do.......  33, 62.
461.650......................  ......do.......  62.
461.65625....................  ......do.......  33, 62.
461.6625.....................  ......do.......  30, 62.
461.66875....................  ......do.......  33, 62.
461.675......................  ......do.......  62.
461.68125....................  ......do.......  33, 62.
461.6875.....................  ......do.......  30, 62.
461.69375....................  ......do.......  33, 62.
461.700......................  ......do.......  62.
461.70625....................  ......do.......  33, 62.
461.7125.....................  ......do.......  30, 62.
461.71875....................  ......do.......  33, 62.
461.725......................  ......do.......  62.
461.73125....................  ......do.......  33, 62.
461.7375.....................  ......do.......  30, 62.
461.74375....................  ......do.......  33, 62.
461.750......................  ......do.......  62.
461.75625....................  ......do.......  33, 62.
461.7625.....................  ......do.......  30, 62.
461.76875....................  ......do.......  33, 62.

[[Page 300]]

 
461.775......................  ......do.......  62.
461.78125....................  ......do.......  33, 62.
461.7875.....................  ......do.......  30, 62.
461.79375....................  ......do.......  33, 62.
461.800......................  ......do.......  62.
461.80625....................  ......do.......  33, 62.
461.8125.....................  ......do.......  30, 62.
461.81875....................  ......do.......  33, 62.
461.825......................  ......do.......  62.
461.83125....................  ......do.......  33, 62.
461.8375.....................  ......do.......  30, 62.
461.84375....................  ......do.......  33, 62.
461.850......................  ......do.......  62.
461.85625....................  ......do.......  33, 62.
461.8625.....................  ......do.......  30, 62.
461.86875....................  ......do.......  33, 62.
461.875......................  ......do.......  62.
461.88125....................  ......do.......  33, 62.
461.8875.....................  ......do.......  30, 62.
461.89375....................  ......do.......  33, 62.
461.900......................  ......do.......  62.
461.90625....................  ......do.......  33, 62.
461.9125.....................  ......do.......  30, 62.
461.91875....................  ......do.......  33, 62.
461.925......................  ......do.......  62.
461.93125....................  ......do.......  33, 62.
461.9375.....................  ......do.......  30, 62.
461.94375....................  ......do.......  33, 62.
461.950......................  ......do.......  62.
461.95625....................  ......do.......  33, 62.
461.9625.....................  ......do.......  30, 62.
461.96875....................  ......do.......  33, 62.
461.975......................  ......do.......  62.
461.98125....................  ......do.......  33, 62.
461.9875.....................  ......do.......  30, 62.
461.99375....................  ......do.......  33, 62.
462.000......................  ......do.......  62.
462.00625....................  ......do.......  33, 62.
462.0125.....................  ......do.......  30, 62.
462.01875....................  ......do.......  33, 62.
462.025......................  ......do.......  62.
462.03125....................  ......do.......  33, 62.
462.0375.....................  ......do.......  30, 62.
462.04375....................  ......do.......  33, 62.
462.050......................  ......do.......  62.
462.05625....................  ......do.......  33, 62.
462.0625.....................  ......do.......  30, 62.
462.06875....................  ......do.......  33, 62.
462.075......................  ......do.......  62.
462.08125....................  ......do.......  33, 62.
462.0875.....................  ......do.......  30, 62.
462.09375....................  ......do.......  33, 62.
462.100......................  ......do.......  62.
462.10625....................  ......do.......  33, 62.
462.1125.....................  ......do.......  30, 62.
462.11875....................  ......do.......  33, 62.
462.125......................  ......do.......  62.
462.13125....................  ......do.......  33, 62.
462.1375.....................  ......do.......  30, 62.
462.14375....................  ......do.......  33, 62.
462.150......................  ......do.......  62.
462.15625....................  ......do.......  33, 62.
462.1625.....................  ......do.......  30, 62.
462.16875....................  ......do.......  33, 62.
462.175......................  ......do.......  62.
462.18125....................  ......do.......  33, 62.
462.1875.....................  ......do.......  30, 62.
462.19375....................  ......do.......  33, 62.
462.200......................  ......do.
462.20625....................  ......do.......  33.
462.2125.....................  ......do.......  30.
462.21875....................  ......do.......  33.
462.225......................  ......do.
462.23125....................  ......do.......  33.
462.2375.....................  ......do.......  30.
462.24375....................  ......do.......  33.
462.250......................  ......do.
462.25625....................  ......do.......  33.
462.2625.....................  ......do.......  30.
462.26875....................  ......do.......  33.
462.275......................  ......do.
462.28125....................  ......do.......  33.
462.2875.....................  ......do.......  30.
462.29375....................  ......do.......  33.
462.300......................  ......do.
462.30625....................  ......do.......  33.
462.3125.....................  ......do.......  30.
462.31875....................  ......do.......  33.
462.325......................  ......do.
462.33125....................  ......do.......  33.
462.3375.....................  ......do.......  30.
462.34375....................  ......do.......  33.
462.350......................  ......do.
462.35625....................  ......do.......  33.
462.3625.....................  ......do.......  30.
462.36875....................  ......do.......  33.
462.375......................  ......do.
462.38125....................  ......do.......  33.
462.3875.....................  ......do.......  30.
462.39375....................  ......do.......  33.
462.400......................  ......do.
462.40625....................  ......do.......  33.
462.4125.....................  ......do.......  30.
462.41875....................  ......do.......  33.
462.425......................  ......do.
462.43125....................  ......do.......  33.
462.4375.....................  ......do.......  30.
462.44375....................  ......do.......  33.
462.450......................  ......do.
462.45625....................  ......do.......  33.
462.4625.....................  ......do.......  30.
462.46875....................  ......do.......  33.
462.475......................  ......do.
462.48125....................  ......do.......  33.
462.4875.....................  ......do.......  30.
462.49375....................  ......do.......  33.
462.500......................  ......do.
462.50625....................  ......do.......  33.
462.5125.....................  ......do.......  30.
462.51875....................  ......do.......  33.
462.525......................  ......do.
462.53125....................  ......do.......  33.
462.750......................  Base...........  29, 36.
462.7625.....................  Mobile.........  67.
462.775......................  Base...........  29, 36.
462.7875.....................  Mobile.........  67.
462.800......................  Base...........  29, 36.
462.8125.....................  Mobile.........  67.
462.825......................  Base...........  29, 36.
462.8375.....................  Mobile.........  67.
462.850......................  Base...........  29, 36.
462.8625.....................  Mobile.........  67.
462.875......................  Base...........  29, 36.
462.8875.....................  Mobile.........  67.
462.900......................  Base...........  29, 36.
462.9125.....................  Mobile.........  67.
462.925......................  Base...........  29, 36.
462.9375.....................  Mobile.........  67.
462.94375....................  Base or mobile.  33.
463.200......................  ......do.......  62.

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463.20625....................  ......do.......  33, 62.
463.2125.....................  ......do.......  30, 62.
463.21875....................  ......do.......  33, 62.
463.225......................  ......do.......  62.
463.23125....................  ......do.......  33, 62.
463.2375.....................  ......do.......  30, 62.
463.24375....................  ......do.......  33, 62.
463.250......................  ......do.......  62.
463.25625....................  ......do.......  33, 62.
463.2625.....................  ......do.......  30, 62.
463.26875....................  ......do.......  33, 62.
463.275......................  ......do.......  62.
463.28125....................  ......do.......  33, 62.
463.2875.....................  ......do.......  30, 62.
463.29375....................  ......do.......  33, 62.
463.300......................  ......do.......  62.
463.30625....................  ......do.......  33, 62.
463.3125.....................  ......do.......  30, 62.
463.31875....................  ......do.......  33, 62.
463.325......................  ......do.......  62.
463.33125....................  ......do.......  33, 62.
463.3375.....................  ......do.......  30, 62.
463.34375....................  ......do.......  33, 62.
463.350......................  ......do.......  62.
463.35625....................  ......do.......  33, 62.
463.3625.....................  ......do.......  30, 62.
463.36875....................  ......do.......  33, 62.
463.375......................  ......do.......  62.
463.38125....................  ......do.......  33, 62.
463.3875.....................  ......do.......  30, 62.
463.39375....................  ......do.......  33, 62.
463.400......................  ......do.......  62.
463.40625....................  ......do.......  33, 62.
463.4125.....................  ......do.......  30, 62.
463.41875....................  ......do.......  33, 62.
463.425......................  ......do.......  62.
463.43125....................  ......do.......  33, 62.
463.4375.....................  ......do.......  30, 62.
463.44375....................  ......do.......  33, 62.
463.450......................  ......do.......  62.
463.45625....................  ......do.......  33, 62.
463.4625.....................  ......do.......  30, 62.
463.46875....................  ......do.......  33, 62.
463.475......................  ......do.......  62.
463.48125....................  ......do.......  33, 62.
463.4875.....................  ......do.......  30, 62.
463.49375....................  ......do.......  33, 62.
463.500......................  ......do.......  62.
463.50625....................  ......do.......  33, 62.
463.5125.....................  ......do.......  30, 62.
463.51875....................  ......do.......  33, 62.
463.525......................  ......do.......  62.
463.53125....................  ......do.......  33, 62.
463.5375.....................  ......do.......  30, 62.
463.54375....................  ......do.......  33, 62.
463.550......................  ......do.......  62.
463.55625....................  ......do.......  33, 62.
463.5625.....................  ......do.......  30, 62.
463.56875....................  ......do.......  33, 62.
463.575......................  ......do.......  62.
463.58125....................  ......do.......  33, 62.
463.5875.....................  ......do.......  30, 62.
463.59375....................  ......do.......  33, 62.
463.600......................  ......do.......  62.
463.60625....................  ......do.......  33, 62.
463.6125.....................  ......do.......  30, 62.
463.61875....................  ......do.......  33, 62.
463.625......................  ......do.......  62.
463.63125....................  ......do.......  33, 62.
463.6375.....................  ......do.......  30, 62.
463.64375....................  ......do.......  33, 62.
463.650......................  ......do.......  62.
463.65625....................  ......do.......  33, 62.
463.6625.....................  ......do.......  30, 62.
463.66875....................  ......do.......  33, 62.
463.675......................  ......do.......  62.
463.68125....................  ......do.......  33, 62.
463.6875.....................  ......do.......  30, 62.
463.69375....................  ......do.......  33, 62.
463.700......................  ......do.......  62.
463.70625....................  ......do.......  33, 62.
463.7125.....................  ......do.......  30, 62.
463.71875....................  ......do.......  33, 62.
463.725......................  ......do.......  62.
463.73125....................  ......do.......  33, 62.
463.7375.....................  ......do.......  30, 62.
463.74375....................  ......do.......  33, 62.
463.750......................  ......do.......  62.
463.75625....................  ......do.......  33, 62.
463.7625.....................  ......do.......  30, 62.
463.76875....................  ......do.......  33, 62.
463.775......................  ......do.......  62.
463.78125....................  ......do.......  33, 62.
463.7875.....................  ......do.......  30, 62.
463.79375....................  ......do.......  33, 62.
463.800......................  ......do.......  62.
463.80625....................  ......do.......  33, 62.
463.8125.....................  ......do.......  30, 62.
463.81875....................  ......do.......  33, 62.
463.825......................  ......do.......  62.
463.83125....................  ......do.......  33, 62.
463.8375.....................  ......do.......  30, 62.
463.84375....................  ......do.......  33, 62.
463.850......................  ......do.......  62.
463.85625....................  ......do.......  33, 62.
463.8625.....................  ......do.......  30, 62.
463.86875....................  ......do.......  33, 62.
463.875......................  ......do.......  62.
463.88125....................  ......do.......  33, 62.
463.8875.....................  ......do.......  30, 62.
463.89375....................  ......do.......  33, 62.
463.900......................  ......do.......  62.
463.90625....................  ......do.......  33, 62.
463.9125.....................  ......do.......  30, 62.
463.91875....................  ......do.......  33, 62.
463.925......................  ......do.......  62.
463.93125....................  ......do.......  33, 62.
463.9375.....................  ......do.......  30, 62.
463.94375....................  ......do.......  33, 62.
463.950......................  ......do.......  62.
463.95625....................  ......do.......  33, 62.
463.9625.....................  ......do.......  30, 62.
463.96875....................  ......do.......  33, 62.
463.975......................  ......do.......  62.
463.98125....................  ......do.......  33, 62.
463.9875.....................  ......do.......  30, 62.
463.99375....................  ......do.......  33, 62.
464.000......................  ......do.......  62.
464.00625....................  ......do.......  33, 62.
464.0125.....................  ......do.......  30, 62.
464.01875....................  ......do.......  33, 62.
464.025......................  ......do.......  62.
464.03125....................  ......do.......  33, 62.
464.0375.....................  ......do.......  30, 62.
464.04375....................  ......do.......  33, 62.
464.050......................  ......do.......  62.
464.05625....................  ......do.......  33, 62.
464.0625.....................  ......do.......  30, 62.
464.06875....................  ......do.......  33, 62.
464.075......................  ......do.......  62.

[[Page 302]]

 
464.08125....................  ......do.......  33, 62.
464.0875.....................  ......do.......  30, 62.
464.09375....................  ......do.......  33, 62.
464.100......................  ......do.......  62.
464.10625....................  ......do.......  33, 62.
464.1125.....................  ......do.......  30, 62.
464.11875....................  ......do.......  33, 62.
464.125......................  ......do.......  62.
464.13125....................  ......do.......  33, 62.
464.1375.....................  ......do.......  30, 62.
464.14375....................  ......do.......  33, 62.
464.150......................  ......do.......  62.
464.15625....................  ......do.......  33, 62.
464.1625.....................  ......do.......  30, 62.
464.16875....................  ......do.......  33, 62.
464.175......................  ......do.......  62.
464.18125....................  ......do.......  33, 62.
464.1875.....................  ......do.......  30, 62.
464.19375....................  ......do.......  33, 62.
464.200......................  ......do.......  62.
464.20625....................  ......do.......  33, 62.
464.2125.....................  ......do.......  30, 62.
464.21875....................  ......do.......  33, 62.
464.225......................  ......do.......  62.
464.23125....................  ......do.......  33, 62.
464.2375.....................  ......do.......  30, 62.
464.24375....................  ......do.......  33, 62.
464.250......................  ......do.......  62.
464.25625....................  ......do.......  33, 62.
464.2625.....................  ......do.......  30, 62.
464.26875....................  ......do.......  33, 62.
464.275......................  ......do.......  62.
464.28125....................  ......do.......  33, 62.
464.2875.....................  ......do.......  30, 62.
464.29375....................  ......do.......  33, 62.
464.300......................  ......do.......  62.
464.30625....................  ......do.......  33, 62.
464.3125.....................  ......do.......  30, 62.
464.31875....................  ......do.......  33, 62.
464.325......................  ......do.......  62.
464.33125....................  ......do.......  33, 62.
464.3375.....................  ......do.......  30, 62.
464.34375....................  ......do.......  33, 62.
464.350......................  ......do.......  62.
464.35625....................  ......do.......  33, 62.
464.3625.....................  ......do.......  30, 62.
464.36875....................  ......do.......  33, 62.
464.375......................  ......do.......  62.
464.38125....................  ......do.......  33, 62.
464.3875.....................  ......do.......  30, 62.
464.39375....................  ......do.......  33, 62.
464.400......................  ......do.......  62.
464.40625....................  ......do.......  33, 62.
464.4125.....................  ......do.......  30, 62.
464.41875....................  ......do.......  33, 62.
464.425......................  ......do.......  62.
464.43125....................  ......do.......  33, 62.
464.4375.....................  ......do.......  30, 62.
464.44375....................  ......do.......  33, 62.
464.450......................  ......do.......  62.
464.45625....................  ......do.......  33, 62.
464.4625.....................  ......do.......  30, 62.
464.46875....................  ......do.......  33, 62.
464.475......................  ......do.......  62.
464.48125....................  ......do.......  33, 62.
464.4875.....................  ......do.......  30, 62.
464.500......................  ......do.......  10, 34.
464.5125.....................  ......do.......  30, 62.
464.51875....................  ......do.......  33, 62.
464.525......................  ......do.......  62.
464.53125....................  ......do.......  33, 62.
464.5375.....................  ......do.......  30, 62.
464.550......................  ......do.......  10, 34.
464.5625.....................  ......do.......  30, 62.
464.56875....................  ......do.......  33, 62.
464.575......................  ......do.......  62.
464.58125....................  ......do.......  33, 62.
464.5875.....................  ......do.......  30, 62.
464.59375....................  ......do.......  33, 62.
464.600......................  ......do.......  62.
464.60625....................  ......do.......  33, 62.
464.6125.....................  ......do.......  30, 62.
464.61875....................  ......do.......  33, 62.
464.625......................  ......do.......  62.
464.63125....................  ......do.......  33, 62.
464.6375.....................  ......do.......  30, 62.
464.64375....................  ......do.......  33, 62.
464.650......................  ......do.......  62.
464.65625....................  ......do.......  33, 62.
464.6625.....................  ......do.......  30, 62.
464.66875....................  ......do.......  33, 62.
464.675......................  ......do.......  62.
464.68125....................  ......do.......  33, 62.
464.6875.....................  ......do.......  30, 62.
464.69375....................  ......do.......  33, 62.
464.700......................  ......do.......  62.
464.70625....................  ......do.......  33, 62.
464.7125.....................  ......do.......  30, 62.
464.71875....................  ......do.......  33, 62.
464.725......................  ......do.......  62.
464.73125....................  ......do.......  33, 62.
464.7375.....................  ......do.......  30, 62.
464.74375....................  ......do.......  33, 62.
464.750......................  ......do.......  62.
464.75625....................  ......do.......  33, 62.
464.7625.....................  ......do.......  30, 62.
464.76875....................  ......do.......  33, 62.
464.775......................  ......do.......  62.
464.78125....................  ......do.......  33, 62.
464.7875.....................  ......do.......  30, 62.
464.79375....................  ......do.......  33, 62.
464.800......................  ......do.......  62.
464.80625....................  ......do.......  33, 62.
464.8125.....................  ......do.......  30, 62.
464.81875....................  ......do.......  33, 62.
464.825......................  ......do.......  62.
464.83125....................  ......do.......  33, 62.
464.8375.....................  ......do.......  30, 62.
464.84375....................  ......do.......  33, 62.
464.850......................  ......do.......  62.
464.85625....................  ......do.......  33, 62.
464.8625.....................  ......do.......  30, 62.
464.86875....................  ......do.......  33, 62.
464.875......................  ......do.......  62.
464.88125....................  ......do.......  33, 62.
464.8875.....................  ......do.......  30, 62.
464.89375....................  ......do.......  33, 62.
464.900......................  ......do.......  62.
464.90625....................  ......do.......  33, 62.
464.9125.....................  ......do.......  30, 62.
464.91875....................  ......do.......  33, 62.
464.925......................  ......do.......  62.
464.93125....................  ......do.......  33, 62.
464.9375.....................  ......do.......  30, 62.
464.94375....................  ......do.......  33, 62.
464.950......................  ......do.......  62.
464.95625....................  ......do.......  33, 62.
464.9625.....................  ......do.......  30, 62.
464.96875....................  ......do.......  33, 62.
464.975......................  ......do.......  62.

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464.98125....................  ......do.......  33, 62.
464.9875.....................  Mobile.........  67.
465.000......................  Base...........  29, 34, 36.
465.0125.....................  Mobile.........  67.
465.01875....................  ......do.......  33, 34.
465.650......................  ......do.......  11, 61, 62,
                                                 68.
465.65625....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.6625.....................  ......do.......  11, 30, 61,
                                                 62, 68,
                                                 69.
465.66875....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.675......................  ......do.......  11, 61, 62,
                                                 68.
465.68125....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.6875.....................  ......do.......  11, 30, 61,
                                                 62, 68,
                                                 69.
465.69375....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.700......................  ......do.......  11, 61, 62,
                                                 68.
465.70625....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.7125.....................  ......do.......  11, 30, 61,
                                                 62, 68,
                                                 69.
465.71875....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.725......................  ......do.......  11, 61, 62,
                                                 68.
465.73125....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.7375.....................  ......do.......  11, 30, 61,
                                                 62, 68,
                                                 69.
465.74375....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.750......................  ......do.......  11, 61, 62,
                                                 68.
465.75625....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.7625.....................  ......do.......  11, 30, 61,
                                                 62, 68,
                                                 69.
465.76875....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.775......................  ......do.......  11, 61, 62,
                                                 68.
465.78125....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.7875.....................  ......do.......  11, 30, 61,
                                                 62, 68,
                                                 69.
465.79375....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.800......................  ......do.......  11, 61, 62,
                                                 68.
465.80625....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.8125.....................  ......do.......  11, 30, 61,
                                                 62, 68,
                                                 69.
465.81875....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.825......................  ......do.......  11, 61, 62,
                                                 68.
465.83125....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.8375.....................  ......do.......  11, 30, 61,
                                                 62, 68,
                                                 69.
465.84375....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.850......................  ......do.......  11, 61, 62,
                                                 68.
465.85625....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.8625.....................  ......do.......  11, 30, 61,
                                                 62, 68,
                                                 69.
465.86875....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.875......................  ......do.......  11, 61, 62,
                                                 68.
465.88125....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.8875.....................  ......do.......  11, 30, 61,
                                                 62, 68,
                                                 69.
465.89375....................  ......do.......  11, 33, 61,
                                                 62, 68.
465.900......................  ......do.......  63, 64.
465.90625....................  ......do.......  33, 63, 64.
465.9125.....................  ......do.......  30, 63, 64.
465.91875....................  ......do.......  33, 63, 64.
465.925......................  ......do.......  63, 64.
465.93125....................  ......do.......  33, 63, 64.
465.9375.....................  ......do.......  30, 63, 64.
465.94375....................  ......do.......  33, 63, 64.
465.950......................  ......do.......  63, 64.
465.95625....................  ......do.......  33, 63, 64.
465.9625.....................  ......do.......  30, 63, 64.
465.96875....................  ......do.......  33, 63, 64.
465.975......................  ......do.......  64, 66.
465.98125....................  ......do.......  33, 64, 66.
465.9875.....................  ......do.......  30, 64, 66.
465.99375....................  ......do.......  33, 64, 66.
466.000......................  ......do.......  64, 66.
466.00625....................  ......do.......  33, 64, 66.
466.0125.....................  ......do.......  30, 64, 66,
                                                 69.
466.01875....................  ......do.......  33, 64, 66.
466.025......................  ......do.......  62.
466.03125....................  ......do.......  33, 62.
466.0375.....................  ......do.......  30, 62.
466.04375....................  ......do.......  33, 62.
466.050......................  ......do.......  62.
466.05625....................  ......do.......  33, 62.
466.0625.....................  ......do.......  30, 62.
466.06875....................  ......do.......  33, 62.
466.075......................  ......do.......  62.
466.08125....................  ......do.......  33, 62.
466.0875.....................  ......do.......  30, 62.
466.09375....................  ......do.......  33, 62.
466.100......................  ......do.......  62.
466.10625....................  ......do.......  33, 62.
466.1125.....................  ......do.......  30, 62.
466.11875....................  ......do.......  33, 62.
466.125......................  ......do.......  62.
466.13125....................  ......do.......  33, 62.
466.1375.....................  ......do.......  30, 62.
466.14375....................  ......do.......  33, 62.
466.150......................  ......do.......  62.
466.15625....................  ......do.......  33, 62.
466.1625.....................  ......do.......  30, 62.
466.16875....................  ......do.......  33, 62.

[[Page 304]]

 
466.175......................  ......do.......  62.
466.18125....................  ......do.......  33, 62.
466.1875.....................  ......do.......  30, 62.
466.19375....................  ......do.......  33, 62.
466.200......................  ......do.......  62.
466.20625....................  ......do.......  33, 62.
466.2125.....................  ......do.......  30, 62.
466.21875....................  ......do.......  33, 62.
466.225......................  ......do.......  62.
466.23125....................  ......do.......  33, 62.
466.2375.....................  ......do.......  30, 62.
466.24375....................  ......do.......  33, 62.
466.250......................  ......do.......  62.
466.25625....................  ......do.......  33, 62.
466.2625.....................  ......do.......  30, 62.
466.26875....................  ......do.......  33, 62.
466.275......................  ......do.......  62.
466.28125....................  ......do.......  33, 62.
466.2875.....................  ......do.......  30, 62.
466.29375....................  ......do.......  33, 62.
466.300......................  ......do.......  62.
466.30625....................  ......do.......  33, 62.
466.3125.....................  ......do.......  30, 62.
466.31875....................  ......do.......  33, 62.
466.325......................  ......do.......  62.
466.33125....................  ......do.......  33, 62.
466.3375.....................  ......do.......  30, 62.
466.34375....................  ......do.......  33, 62.
466.350......................  ......do.......  62.
466.35625....................  ......do.......  33, 62.
466.3625.....................  ......do.......  30, 62.
466.36875....................  ......do.......  33, 62.
466.375......................  ......do.......  62.
466.38125....................  ......do.......  33, 62.
466.3875.....................  ......do.......  30, 62.
466.39375....................  ......do.......  33, 62.
466.400......................  ......do.......  62.
466.40625....................  ......do.......  33, 62.
466.4125.....................  ......do.......  30, 62.
466.41875....................  ......do.......  33, 62.
466.425......................  ......do.......  62.
466.43125....................  ......do.......  33, 62.
466.4375.....................  ......do.......  30, 62.
466.44375....................  ......do.......  33, 62.
466.450......................  ......do.......  62.
466.45625....................  ......do.......  33, 62.
466.4625.....................  ......do.......  30, 62.
466.46875....................  ......do.......  33, 62.
466.475......................  ......do.......  62.
466.48125....................  ......do.......  33, 62.
466.4875.....................  ......do.......  30, 62.
466.49375....................  ......do.......  33, 62.
466.500......................  ......do.......  62.
466.50625....................  ......do.......  33, 62.
466.5125.....................  ......do.......  30, 62.
466.51875....................  ......do.......  33, 62.
466.525......................  ......do.......  62.
466.53125....................  ......do.......  33, 62.
466.5375.....................  ......do.......  30, 62.
466.54375....................  ......do.......  33, 62.
466.550......................  ......do.......  62.
466.55625....................  ......do.......  33, 62.
466.5625.....................  ......do.......  30, 62.
466.56875....................  ......do.......  33, 62.
466.575......................  ......do.......  62.
466.58125....................  ......do.......  33, 62.
466.5875.....................  ......do.......  30, 62.
466.59375....................  ......do.......  33, 62.
466.600......................  ......do.......  62.
466.60625....................  ......do.......  33, 62.
466.6125.....................  ......do.......  30, 62.
466.61875....................  ......do.......  33, 62.
466.625......................  ......do.......  62.
466.63125....................  ......do.......  33, 62.
466.6375.....................  ......do.......  30, 62.
466.64375....................  ......do.......  33, 62.
466.650......................  ......do.......  62.
466.65625....................  ......do.......  33, 62.
466.6625.....................  ......do.......  30, 62.
466.66875....................  ......do.......  33, 62.
466.675......................  ......do.......  62.
466.68125....................  ......do.......  33, 62.
466.6875.....................  ......do.......  30, 62.
466.69375....................  ......do.......  33, 62.
466.700......................  ......do.......  62.
466.70625....................  ......do.......  33, 62.
466.7125.....................  ......do.......  30, 62.
466.71875....................  ......do.......  33, 62.
466.725......................  ......do.......  62.
466.73125....................  ......do.......  33, 62.
466.7375.....................  ......do.......  30, 62.
466.74375....................  ......do.......  33, 62.
466.750......................  ......do.......  62.
466.75625....................  ......do.......  33, 62.
466.7625.....................  ......do.......  30, 62.
466.76875....................  ......do.......  33, 62.
466.775......................  ......do.......  62.
466.78125....................  ......do.......  33, 62.
466.7875.....................  ......do.......  30, 62.
466.79375....................  ......do.......  33, 62.
466.800......................  ......do.......  62.
466.80625....................  ......do.......  33, 62.
466.8125.....................  ......do.......  30, 62.
466.81875....................  ......do.......  33, 62.
466.825......................  ......do.......  62.
466.83125....................  ......do.......  33, 62.
466.8375.....................  ......do.......  30, 62.
466.84375....................  ......do.......  33, 62.
466.850......................  ......do.......  62.
466.85625....................  ......do.......  33, 62.
466.8625.....................  ......do.......  30, 62.
466.86875....................  ......do.......  33, 62.
466.875......................  ......do.......  62.
466.88125....................  ......do.......  33, 62.
466.8875.....................  ......do.......  30, 62.
466.89375....................  ......do.......  33, 62.
466.900......................  ......do.......  62.
466.90625....................  ......do.......  33, 62.
466.9125.....................  ......do.......  30, 62.
466.91875....................  ......do.......  33, 62.
466.925......................  ......do.......  62.
466.93125....................  ......do.......  33, 62.
466.9375.....................  ......do.......  30, 62.
466.94375....................  ......do.......  33, 62.
466.950......................  ......do.......  62.
466.95625....................  ......do.......  33, 62.
466.9625.....................  ......do.......  30, 62.
466.96875....................  ......do.......  33, 62.
466.975......................  ......do.......  62.
466.98125....................  ......do.......  33, 62.
466.9875.....................  ......do.......  30, 62.
466.99375....................  ......do.......  33, 62.
467.000......................  ......do.......  62.
467.00625....................  ......do.......  33, 62.
467.0125.....................  ......do.......  30, 62.
467.01875....................  ......do.......  33, 62.
467.025......................  ......do.......  62.
467.03125....................  ......do.......  33, 62.
467.0375.....................  ......do.......  30, 62.
467.04375....................  ......do.......  33, 62.

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467.050......................  ......do.......  62.
467.05625....................  ......do.......  33, 62.
467.0625.....................  ......do.......  30, 62.
467.06875....................  ......do.......  33, 62.
467.075......................  ......do.......  62.
467.08125....................  ......do.......  33, 62.
467.0875.....................  ......do.......  30, 62.
467.09375....................  ......do.......  33, 62.
467.100......................  ......do.......  62.
467.10625....................  ......do.......  33, 62.
467.1125.....................  ......do.......  30, 62.
467.11875....................  ......do.......  33, 62.
467.125......................  ......do.......  62.
467.13125....................  ......do.......  33, 62.
467.1375.....................  ......do.......  30, 62.
467.14375....................  ......do.......  33, 62.
467.150......................  ......do.......  62.
467.15625....................  ......do.......  33, 62.
467.1625.....................  ......do.......  30, 62.
467.16875....................  ......do.......  33, 62.
467.175......................  ......do.......  62.
467.18125....................  ......do.......  33, 62.
467.1875.....................  ......do.......  30, 62.
467.19375....................  ......do.......  33, 62.
467.200......................  ......do.
467.20625....................  ......do.......  33.
467.2125.....................  ......do.......  30.
467.21875....................  ......do.......  33.
467.225......................  ......do.
467.23125....................  ......do.......  33.
467.2375.....................  ......do.......  30.
467.24375....................  ......do.......  33.
467.250......................  ......do.
467.25625....................  ......do.......  33.
467.2625.....................  ......do.......  30.
467.26875....................  ......do.......  33.
467.275......................  ......do.
467.28125....................  ......do.......  33.
467.2875.....................  ......do.......  30.
467.29375....................  ......do.......  33.
467.300......................  ......do.
467.30625....................  ......do.......  33.
467.3125.....................  ......do.......  30.
467.31875....................  ......do.......  33.
467.325......................  ......do.
467.33125....................  ......do.......  33.
467.3375.....................  ......do.......  30.
467.34375....................  ......do.......  33.
467.350......................  ......do.
467.35625....................  ......do.......  33.
467.3625.....................  ......do.......  30.
467.36875....................  ......do.......  33.
467.375......................  ......do.
467.38125....................  ......do.......  33.
467.3875.....................  ......do.......  30.
467.39375....................  ......do.......  33.
467.400......................  ......do.
467.40625....................  ......do.......  33.
467.4125.....................  ......do.......  30.
467.41875....................  ......do.......  33.
467.425......................  ......do.
467.43125....................  ......do.......  33.
467.4375.....................  ......do.......  30.
467.44375....................  ......do.......  33.
467.450......................  ......do.
467.45625....................  ......do.......  33.
467.4625.....................  ......do.......  30.
467.46875....................  ......do.......  33.
467.475......................  ......do.
467.48125....................  ......do.......  33.
467.4875.....................  ......do.......  30.
467.49375....................  ......do.......  33.
467.500......................  ......do.
467.50625....................  ......do.......  33.
467.5125.....................  ......do.......  30.
467.51875....................  ......do.......  33.
467.525......................  ......do.
467.53125....................  ......do.......  33.
467.74375....................  ......do.......  33, 62.
467.750......................  ......do.......  11, 12, 35,
                                                 60.
467.75625....................  ......do.......  11, 12, 33,
                                                 35, 60.
467.7625.....................  ......do.......  11, 12, 30,
                                                 35, 60.
467.76875....................  ......do.......  11, 12, 33,
                                                 35, 60.
467.775......................  ......do.......  11, 12, 35,
                                                 60.
467.78125....................  ......do.......  11, 12, 33,
                                                 35, 60.
467.7875.....................  ......do.......  11, 12, 30,
                                                 35, 60.
467.79375....................  ......do.......  11, 12, 33,
                                                 35, 60.
467.800......................  ......do.......  11, 12, 35,
                                                 60.
467.80625....................  ......do.......  11, 12, 33,
                                                 35, 60.
467.8125.....................  ......do.......  11, 12, 30,
                                                 35, 60.
467.81875....................  ......do.......  11, 12, 33,
                                                 35, 60.
467.825......................  ......do.......  11, 12, 35,
                                                 60.
467.83125....................  ......do.......  11, 12, 33,
                                                 35, 60.
467.8375.....................  ......do.......  11, 12, 33,
                                                 35, 60.
467.850......................  ......do.......  11, 12, 35.
467.8625.....................  ......do.......  67.
467.875......................  ......do.......  11, 12, 35.
467.8875.....................  ......do.......  67.
467.900......................  ......do.......  11, 12, 35.
467.9125.....................  ......do.......  67.
467.925......................  ......do.......  11, 12, 35.
467.93125....................  ......do.......  33.
467.9375.....................  ......do.......  30, 67.
467.94375....................  ......do.......  33.
468.200......................  ......do.......  62.
468.20625....................  ......do.......  33, 62.
468.2125.....................  ......do.......  30, 62.
468.21875....................  ......do.......  33, 62.
468.225......................  ......do.......  62.
468.23125....................  ......do.......  33, 62.
468.2375.....................  ......do.......  30, 62.
468.24375....................  ......do.......  33, 62.
468.250......................  ......do.......  62.
468.25625....................  ......do.......  33, 62.
468.2625.....................  ......do.......  30, 62.
468.26875....................  ......do.......  33, 62.
468.275......................  ......do.......  62.
468.28125....................  ......do.......  33, 62.
468.2875.....................  ......do.......  30, 62.
468.29375....................  ......do.......  33, 62.
468.300......................  ......do.......  62.
468.30625....................  ......do.......  33, 62.
468.3125.....................  ......do.......  30, 62.
468.31875....................  ......do.......  33, 62.
468.325......................  ......do.......  62.

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468.33125....................  ......do.......  33, 62.
468.3375.....................  ......do.......  30, 62.
468.34375....................  ......do.......  33, 62.
468.350......................  ......do.......  62.
468.35625....................  ......do.......  33, 62.
468.3625.....................  ......do.......  30, 62.
468.36875....................  ......do.......  33, 62.
468.375......................  ......do.......  62.
468.38125....................  ......do.......  33, 62.
468.3875.....................  ......do.......  30, 62.
468.39375....................  ......do.......  33, 62.
468.400......................  ......do.......  62.
468.40625....................  ......do.......  33, 62.
468.4125.....................  ......do.......  30, 62.
468.41875....................  ......do.......  33, 62.
468.425......................  ......do.......  62.
468.43125....................  ......do.......  33, 62.
468.4375.....................  ......do.......  30, 62.
468.44375....................  ......do.......  33, 62.
468.450......................  ......do.......  62.
468.45625....................  ......do.......  33, 62.
468.4625.....................  ......do.......  30, 62.
468.46875....................  ......do.......  33, 62.
468.475......................  ......do.......  62.
468.48125....................  ......do.......  33, 62.
468.4875.....................  ......do.......  30, 62.
468.49375....................  ......do.......  33, 62.
468.500......................  ......do.......  62.
468.50625....................  ......do.......  33, 62.
468.5125.....................  ......do.......  30, 62.
468.51875....................  ......do.......  33, 62.
468.525......................  ......do.......  62.
468.53125....................  ......do.......  33, 62.
468.5375.....................  ......do.......  30, 62.
468.54375....................  ......do.......  33, 62.
468.550......................  ......do.......  62.
468.55625....................  ......do.......  33, 62.
468.5625.....................  ......do.......  30, 62.
468.56875....................  ......do.......  33, 62.
468.575......................  ......do.......  62.
468.58125....................  ......do.......  33, 62.
468.5875.....................  ......do.......  30, 62.
468.59375....................  ......do.......  33, 62.
468.600......................  ......do.......  62.
468.60625....................  ......do.......  33, 62.
468.6125.....................  ......do.......  30, 62.
468.61875....................  ......do.......  33, 62.
468.625......................  ......do.......  62.
468.63125....................  ......do.......  33, 62.
468.6375.....................  ......do.......  30, 62.
468.64375....................  ......do.......  33, 62.
468.650......................  ......do.......  62.
468.65625....................  ......do.......  33, 62.
468.6625.....................  ......do.......  30, 62.
468.66875....................  ......do.......  33, 62.
468.675......................  ......do.......  62.
468.68125....................  ......do.......  33, 62.
468.6875.....................  ......do.......  30, 62.
468.69375....................  ......do.......  33, 62.
468.700......................  ......do.......  62.
468.70625....................  ......do.......  33, 62.
468.7125.....................  ......do.......  30, 62.
468.71875....................  ......do.......  33, 62.
468.725......................  ......do.......  62.
468.73125....................  ......do.......  33, 62.
468.7375.....................  ......do.......  30, 62.
468.74375....................  ......do.......  33, 62.
468.750......................  ......do.......  62.
468.75625....................  ......do.......  33, 62.
468.7625.....................  ......do.......  30, 62.
468.76875....................  ......do.......  33, 62.
468.775......................  ......do.......  62.
468.78125....................  ......do.......  33, 62.
468.7875.....................  ......do.......  30, 62.
468.79375....................  ......do.......  33, 62.
468.800......................  ......do.......  62.
468.80625....................  ......do.......  33, 62.
468.8125.....................  ......do.......  30, 62.
468.81875....................  ......do.......  33, 62.
468.825......................  ......do.......  62.
468.83125....................  ......do.......  33, 62.
468.8375.....................  ......do.......  30, 62.
468.84375....................  ......do.......  33, 62.
468.850......................  ......do.......  62.
468.85625....................  ......do.......  33, 62.
468.8625.....................  ......do.......  30, 62.
468.86875....................  ......do.......  33, 62.
468.875......................  ......do.......  62.
468.88125....................  ......do.......  33, 62.
468.8875.....................  ......do.......  30, 62.
468.89375....................  ......do.......  33, 62.
468.900......................  ......do.......  62.
468.90625....................  ......do.......  33, 62.
468.9125.....................  ......do.......  30, 62.
468.91875....................  ......do.......  33, 62.
468.925......................  ......do.......  62.
468.93125....................  ......do.......  33, 62.
468.9375.....................  ......do.......  30, 62.
468.94375....................  ......do.......  33, 62.
468.950......................  ......do.......  62.
468.95625....................  ......do.......  33, 62.
468.9625.....................  ......do.......  30, 62.
468.96875....................  ......do.......  33, 62.
468.975......................  ......do.......  62.
468.98125....................  ......do.......  33, 62.
468.9875.....................  ......do.......  30, 62.
468.99375....................  ......do.......  33, 62.
469.000......................  ......do.......  62.
469.00625....................  ......do.......  33, 62.
469.0125.....................  ......do.......  30, 62.
469.01875....................  ......do.......  33, 62.
469.025......................  ......do.......  62.
469.03125....................  ......do.......  33, 62.
469.0375.....................  ......do.......  30, 62.
469.04375....................  ......do.......  33, 62.
469.050......................  ......do.......  62.
469.05625....................  ......do.......  33, 62.
469.0625.....................  ......do.......  30, 62.
469.06875....................  ......do.......  33, 62.
469.075......................  ......do.......  62.
469.08125....................  ......do.......  33, 62.
469.0875.....................  ......do.......  30, 62.
469.09375....................  ......do.......  33, 62.
469.100......................  ......do.......  62.
469.10625....................  ......do.......  33, 62.
469.1125.....................  ......do.......  30, 62.
469.11875....................  ......do.......  33, 62.
469.125......................  ......do.......  62.
469.13125....................  ......do.......  33, 62.
469.1375.....................  ......do.......  30, 62.
469.14375....................  ......do.......  33, 62.
469.150......................  ......do.......  62.
469.15625....................  ......do.......  33, 62.
469.1625.....................  ......do.......  30, 62.
469.16875....................  ......do.......  33, 62.
469.175......................  ......do.......  62.
469.18125....................  ......do.......  33, 62.
469.1875.....................  ......do.......  30, 62.
469.19375....................  ......do.......  33, 62.
469.200......................  ......do.......  62.

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469.20625....................  ......do.......  33, 62.
469.2125.....................  ......do.......  30, 62.
469.21875....................  ......do.......  33, 62.
469.225......................  ......do.......  62.
469.23125....................  ......do.......  33, 62.
469.2375.....................  ......do.......  30, 62.
469.24375....................  ......do.......  33, 62.
469.250......................  ......do.......  62.
469.25625....................  ......do.......  33, 62.
469.2625.....................  ......do.......  30, 62.
469.26875....................  ......do.......  33, 62.
469.275......................  ......do.......  62.
469.28125....................  ......do.......  33, 62.
469.2875.....................  ......do.......  30, 62.
469.29375....................  ......do.......  33, 62.
469.300......................  ......do.......  62.
469.30625....................  ......do.......  33, 62.
469.3125.....................  ......do.......  30, 62.
469.31875....................  ......do.......  33, 62.
469.325......................  ......do.......  62.
469.33125....................  ......do.......  33, 62.
469.3375.....................  ......do.......  30, 62.
469.34375....................  ......do.......  33, 62.
469.350......................  ......do.......  62.
469.35625....................  ......do.......  33, 62.
469.3625.....................  ......do.......  30, 62.
469.36875....................  ......do.......  33, 62.
469.375......................  ......do.......  62.
469.38125....................  ......do.......  33, 62.
469.3875.....................  ......do.......  30, 62.
469.39375....................  ......do.......  33, 62.
469.400......................  ......do.......  62.
469.40625....................  ......do.......  33, 62.
469.4125.....................  ......do.......  30, 62.
469.41875....................  ......do.......  33, 62.
469.425......................  ......do.......  62.
469.43125....................  ......do.......  33, 62.
469.4375.....................  ......do.......  30, 62.
469.44375....................  ......do.......  33, 62.
469.450......................  ......do.......  62.
469.45625....................  ......do.......  33, 62.
469.4625.....................  ......do.......  30, 62.
469.46875....................  ......do.......  33, 62.
469.475......................  ......do.......  62.
469.48125....................  ......do.......  33, 62.
469.4875.....................  ......do.......  30, 62.
469.500......................  ......do.......  10, 30, 34.
469.5125.....................  ......do.......  30, 62.
469.51875....................  ......do.......  33, 62.
469.525......................  ......do.......  62.
469.53125....................  ......do.......  33, 62.
469.5375.....................  ......do.......  30, 62.
469.550......................  ......do.......  10, 30, 34.
469.5625.....................  ......do.......  30, 62.
469.56875....................  ......do.......  33, 62.
469.575......................  ......do.......  62.
469.58125....................  ......do.......  33, 62.
469.5875.....................  ......do.......  30, 62.
469.59375....................  ......do.......  33, 62.
469.600......................  ......do.......  62.
469.60625....................  ......do.......  33, 62.
469.6125.....................  ......do.......  30, 62.
469.61875....................  ......do.......  33, 62.
469.625......................  ......do.......  62.
469.63125....................  ......do.......  33, 62.
469.6375.....................  ......do.......  30, 62.
469.64375....................  ......do.......  33, 62.
469.650......................  ......do.......  62.
469.65625....................  ......do.......  33, 62.
469.6625.....................  ......do.......  30, 62.
469.66875....................  ......do.......  33, 62.
469.675......................  ......do.......  62.
469.68125....................  ......do.......  33, 62.
469.6875.....................  ......do.......  30, 62.
469.69375....................  ......do.......  33, 62.
469.700......................  ......do.......  62.
469.70625....................  ......do.......  33, 62.
469.7125.....................  ......do.......  30, 62.
469.71875....................  ......do.......  33, 62.
469.725......................  ......do.......  62.
469.73125....................  ......do.......  33, 62.
469.7375.....................  ......do.......  30, 62.
469.74375....................  ......do.......  33, 62.
469.750......................  ......do.......  62.
469.75625....................  ......do.......  33, 62.
469.7625.....................  ......do.......  30, 62.
469.76875....................  ......do.......  33, 62.
469.775......................  ......do.......  62.
469.78125....................  ......do.......  33, 62.
469.7875.....................  ......do.......  30, 62.
469.79375....................  ......do.......  33, 62.
469.800......................  ......do.......  62.
469.80625....................  ......do.......  33, 62.
469.8125.....................  ......do.......  30, 62.
469.81875....................  ......do.......  33, 62.
469.825......................  ......do.......  62.
469.83125....................  ......do.......  33, 62.
469.8375.....................  ......do.......  30, 62.
469.84375....................  ......do.......  33, 62.
469.850......................  ......do.......  62.
469.85625....................  ......do.......  33, 62.
469.8625.....................  ......do.......  30, 62.
469.86875....................  ......do.......  33, 62.
469.875......................  ......do.......  62.
469.88125....................  ......do.......  33, 62.
469.8875.....................  ......do.......  30, 62.
469.89375....................  ......do.......  33, 62.
469.900......................  ......do.......  62.
469.90625....................  ......do.......  33, 62.
469.9125.....................  ......do.......  30, 62.
469.91875....................  ......do.......  33, 62.
469.925......................  ......do.......  62.
469.93125....................  ......do.......  33, 62.
469.9375.....................  ......do.......  30, 62.
469.94375....................  ......do.......  33, 62.
469.950......................  ......do.......  62.
469.95625....................  ......do.......  33, 62.
469.9625.....................  ......do.......  30, 62.
469.96875....................  ......do.......  33, 62.
469.975......................  ......do.......  62.
469.98125....................  ......do.......  33, 62.
470 to 512...................  Base or mobile.  70.
806 to 821...................  Mobile.........  71.
851 to 866...................  Base or mobile.  71.
896 to 901...................  Mobile.........  71.
928 and above................  Operational      72.
                                fixed.
929 to 930...................  Base only......  73.
935 to 940...................  Base or mobile.  71.
1,427 to 1,435...............  Base, or mobile  55 .
                                operational
                                fixed.
2,450 to 2,500...............  Base or mobile.  74.
8,400 to 8,500...............  ......do.......  75.
10,550 to 10, 680............  ......do.......  76.
------------------------------------------------------------------------

    (c) Explanation of assignment limitations appearing in the frequency 
table of paragraph (b)(3) of this section:

[[Page 308]]

    (1) Use of this frequency is permitted as follows:
    (i) Only entities engaged in the following activities are eligible 
to use this spectrum, and then only in accordance with Sec. 90.266:
    (A) Prospecting for petroleum, natural gas or petroleum products;
    (B) Distribution of electric power or the distribution by pipeline 
of fuels or water;
    (C) Exploration, its support services, and the repair of pipelines; 
or
    (D) The repair of telecommunications circuits.
    (ii) Except as provided in this part, licensees may not use these 
frequencies in the place of other operational circuits permitted by the 
Commission's rules. Circuits operating on these frequencies may be used 
only for the following purposes:
    (A) Providing standby backup communications for circuits which have 
been disrupted and which directly affect the safety of life, property, 
or the national interest or are used for coordinating inter-utility, 
intra-utility, and power pool distribution of electric power;
    (B) Providing operational circuits during exploration;
    (C) Coordinating the repair of inter-utility, intra-utility, and 
power pool electric power distribution networks, or the repair of 
pipelines;
    (D) Exploratory efforts in mining for solid fuels, minerals, and 
metals important to the national interest;
    (E) Repair of pipelines used for the transmission of fuel or water;
    (F) Services supporting the exploration for energy or mineral 
resources important to the national interest, without which such 
exploration cannot be conducted; or
    (G) Coordinating the repair of wireline or point-to-point microwave 
circuits.
    (2) Use of this frequency is limited to an amplitude modulation mode 
of operation.
    (3) This frequency is available for assignment only to stations 
utilized for geophysical purposes.
    (4) Geophysical operations may use tone or impulse signaling for 
purposes other than indicating failure of equipment or abnormal 
conditions on this frequency. All such tone or impulse signaling shall 
be on a secondary basis and subject to the following limitations:
    (i) Maximum duration of a single non-voice transmission may not 
exceed 3 minutes;
    (ii) The bandwidth utilized for secondary tone or impulse signaling 
shall not exceed that authorized to the licensee for voice emission on 
the frequency concerned;
    (iii) Frequency loading resulting from the use of secondary tone or 
impulse signaling will not be considered in whole or in part, as a 
justification for authorizing additional frequencies in the licensee's 
mobile service system; and
    (iv) The maximum transmitter output power for tone or impulse 
transmissions shall not exceed 50 watts.
    (5) Frequencies below 25 MHz will be assigned to base or mobile 
stations only upon a satisfactory showing that, from a safety of life 
standpoint, frequencies above 25 MHz will not meet the operational 
requirements of the applicant.
    (6) Frequencies may be assigned in pairs with the separation between 
base and mobile transmit frequencies being 5.26 MHz. A mobile station 
may be assigned the frequency which would normally be assigned to a base 
station for single-frequency operation. However, this single-frequency 
operation may be subject to interference that would not occur to a two-
frequency system.
    (7) This frequency is available for assignment to geophysical 
stations on a secondary basis to other licensees. Geophysical stations 
must cease operations on this frequency immediately upon receiving 
notice that interference is being caused to mobile service stations.
    (8) This frequency is primarily available for oil spill containment 
and cleanup operations and for training and drills essential in the 
preparations for the containment and cleanup of oil spills. It is 
secondarily available for general base-mobile operations on a 
noninterference basis. Secondary users of this frequency are required to 
forego its use should oil spill containment and cleanup activities be 
present in their area of operation or upon notice by the

[[Page 309]]

Commission or a primary user that harmful interference is being caused 
to oil spill containment or cleanup activities in other areas.
    (9) Operation on this frequency is secondary to stations in the 
maritime mobile service operating in accordance with the International 
table of frequency allocations.
    (10) This frequency will be assigned only to stations used in 
itinerant operations, except within 56 km (35 miles) of Detroit, Mich., 
where it may be assigned for either itinerant or permanent area 
operations (i.e., general use).
    (11) Operation on this frequency is limited to a maximum output 
power of 2 watts; and each station authorized will be classified and 
licensed as a mobile station. Any units of such a station, however, may 
provide the operational functions of a base or fixed station on a 
secondary basis to mobile service operations, Provided, that the 
separation between the control point and the center of the radiating 
portion of the antenna of any units so used does not exceed 8 m (25 
ft.).
    (12) This frequency may not be used aboard aircraft in flight.
    (13) This frequency is shared with the Public Safety Pool.
    (14) Operation on this frequency is limited to a maximum output 
power of 1 watt and each station authorized will be classified and 
licensed as a mobile station. Any units of such a station, however, may 
provide the operational functions of a base of fixed station on a 
secondary basis to mobile service operations, Provided, That the 
separation between the control point and the center of the radiating 
portion of the antenna of any units so used does not exceed 8 m (25 
ft.).
    (15) This Government frequency is available for shared Government/
non-Government use by stations engaged in oil spill containment and 
cleanup operations and for training and drills essential in the 
preparation for containment and cleanup of oil spills. Such use will be 
confined to inland and coastal waterways.
    (16) This frequency may be assigned only to stations operating in an 
interconnected or coordinated utility system in accordance with an 
operational communications plan which sets forth all points of 
communications. Authorizations at variance with an established 
operational communications plan will be made only on a secondary basis.
    (17) This frequency will be assigned only to stations used in 
itinerant operations.
    (18) This frequency is also used on a secondary basis for cordless 
telephones under part 15 of this chapter.
    (19) In addition to single frequency operation, this frequency is 
available to base and mobile stations for the paired frequency mode of 
operation. For two frequency systems, the separation between base and 
mobile transmit frequencies is 500 kHz with the base stations 
transmitting on the higher of the two frequencies.
    (20) In the State of Alaska only, the frequency 44.10 MHz is 
available for assignment on a primary basis to stations in the Common 
Carrier Rural Radio Service utilizing meteor burst communications. The 
frequency may be used by private radio stations for meteor burst 
communications on a secondary, non-interference basis. Usage shall be in 
accordance with part 22 of this chapter and this part 90. Stations 
utilizing meteor burst communications shall not cause harmful 
interference to stations of other radio services operating in accordance 
with the allocation table.
    (21) In the State of Alaska only, the frequency 44.20 MHz is 
available for assignment on a primary basis to private land mobile radio 
stations utilizing meteor burst communications. The frequency may be 
used by common carrier stations for meteor burst communications on a 
secondary, noninterference basis. Usage shall be in accordance with part 
22 of this chapter and this part 90. Stations utilizing meteor burst 
communications shall not cause harmful interference to stations of other 
radio services operating in accordance with the allocation table.
    (22) The frequencies available for use at operational fixed stations 
in the band 72-76 MHz are listed in Sec. 90.257(a)(1). These frequencies 
are shared with other services and are available only in accordance with 
the provisions of Sec. 90.257. Seismic telemetry transmitters 
certificated with 1 watt

[[Page 310]]

or less power and a frequency tolerance not exceeding +/-0.005% may be 
used as temporary operational fixed stations.
    (23) This frequency is shared with fixed stations in other services 
and is subject to no protection from interference.
    (24) All operations on this frequency are subject to the provisions 
of Sec. 90.257(b).
    (25) This frequency is shared with the Radio Control (R/C) Service, 
of the part 95 Personal Radio Services, where it is used solely for the 
radio control of models.
    (26) Pulsed modulations will not be authorized on this frequency.
    (27) Assignment of frequencies in this band are subject to the 
provisions of Sec. 90.173. In the 150-170 MHz band, licensees as of 
August 18, 1995 who operate systems that are 2.5 kHz removed from 
regularly assignable frequencies may continue to operate on a secondary, 
non-interference basis after August 1, 2003.
    (28) In Puerto Rico and the Virgin Islands this frequency is subject 
to the following:
    (i) This frequency is assigned only for one-way paging 
communications to mobile receivers. Only A1D, A2D, A3E, F1D, F2D, F3E, 
or G3E emissions may be authorized. Licensees may provide one-way paging 
communications on this frequency to individuals, persons eligible for 
licensing under subparts B or C of this part, to representatives of 
Federal Government agencies, and foreign governments and their 
representatives; and
    (ii) This frequency will not be assigned to stations for use at 
temporary locations.
    (29) This frequency will be authorized a channel bandwidth of 25 
kHz. Except when limited elsewhere, one-way paging transmitters on this 
frequency may operate with an output power of 350 watts.
    (30) This frequency will be assigned with an authorized bandwidth 
not to exceed 11.25 kHz. In the 450-470 MHz band, secondary telemetry 
operations pursuant to Sec. 90.238(e) will be authorized on this 
frequency.
    (31) Use of this frequency is limited to stations located in Puerto 
Rico and the Virgin Islands.
    (32) This frequency is not available to stations located in Puerto 
Rico and the Virgin Islands.
    (33) This frequency will be assigned with an authorized bandwidth 
not to exceed 6 kHz.
    (34) Operation on this frequency is limited to a maximum output 
power of 35 watts.
    (35) This frequency may be used for mobile operation for radio 
remote control and telemetering functions. A1D, A2D, F1D, or F2D 
emission may be authorized and mobile stations used to control remote 
objects or devices may be operated on the continuous carrier transmit 
mode.
    (36) This frequency is assigned only for one-way paging 
communications to mobile receivers. Only A1D, A2D, A3E, F1D, F2D, F3E, 
or G3E emissions may be authorized. Licensees may provide one-way paging 
communications on this frequency to individuals, persons eligible for 
licensing under subparts B or C of this part, to representatives of 
Federal Government agencies, and foreign governments and their 
representatives.
    (37) This frequency is available on a secondary basis to one-way 
paging communications.
    (38) This frequency will not be assigned to stations for use at 
temporary locations.
    (39) For FM transmitters the sum of the highest modulating frequency 
and the amount of frequency deviation may not exceed 2.8 kHz and the 
maximum frequency deviation may not exceed 2.5 kHz. For AM transmitters 
the highest modulating frequency may not exceed 2.0 kHz. The carrier 
frequency must be maintained within 0.0005 percent, and the authorized 
bandwidth may not exceed 6 kHz.
    (40) This frequency is shared with the Public Safety Pool for remote 
control and telemetry operations.
    (41) Operational fixed stations must employ directional antennas 
having a front-to-back ratio of at least 20 dB. Omnidirectional antennas 
having unity gain may be employed for stations

[[Page 311]]

communicating with at least three receiving locations separated by 160 
deg. of azimuth.
    (42) The maximum effective radiated power (ERP) may not exceed 20 
watts for fixed stations and 2 watts for mobile stations. The height of 
the antenna system may not exceed 15.24 meters (50 ft.) above the 
ground. All such operation is on a secondary basis to adjacent channel 
land mobile operations.
    (43) This frequency is available for the following:
    (i) Assignment to multiple address fixed stations employing 
omnidirectional antennas used for power utility peak load shaving and 
shedding and to mobile stations used for the remote control of objects 
and devices. The maximum power that may be authorized to fixed stations 
is 300 watts output, and the maximum power that may be authorized for 
mobile stations is 1 watt output. This frequency may also be assigned to 
operational fixed stations employing directional antenna systems (front-
to-back ratio of 20 dB) when such stations are located at least 120 km. 
(75 mi.) from the boundaries of any urbanized area of 200,000 or more 
population. (U.S. Census of Population, 1960). The maximum power output 
of the transmitter for such fixed stations may not exceed 50 watts. A1A, 
A1D, A2B, A2D, F1B, F1D, F2B, F2D, G1B, G1D, G2B, or G2D emission may be 
authorized; or
    (ii) On a secondary basis for remote control and telemetry 
operations, subject to paragraphs (c)(41), (42), (43), (46), and (47) of 
this section.
    (44) The maximum output power of the transmitter may not exceed 50 
watts for fixed stations and 1 watt for mobile stations. A1A, A1D, A2B, 
A2D, F1B, F1D, F2B, F2D, G1B, G1D, G2B, or G2D emission may be 
authorized, and mobile stations used to control remote objects and 
devices may be operated in the continuous transmit mode.
    (45) Authorizations to operate on this frequency will be issued on a 
secondary basis for A2B, A2D, F2B or F2D emission for tone signaling or 
for a combination of such emission with A3E, F3E or G3E emission with a 
maximum bandwidth of 20 kHz. The output power shall not exceed 2 watts. 
The maximum distance between any transmitter and the center of the 
radiating portion of its antenna shall not exceed 8 m. (25 ft.).
    (46) This frequency is limited to a maximum power of 20 watts.
    (47) This frequency may be used for mobile operation for remote 
control and telemetering functions. A1D, A2D, F1D, or F2D emission may 
be authorized. The use of the continuous carrier transmit mode for these 
purposes is permitted only for stations authorized and continuously 
licensed since before May 21, 1971.
    (48) Except as noted in paragraph (c)(61) of this section, operation 
on this frequency is limited to a maximum output power of 20 watts.
    (49) Operation on this frequency is limited to a maximum output 
power of 75 watts.
    (50) This frequency may also be used for the transmission of tone or 
voice communications, including such communications when prerecorded, 
for purposes of automatically indicating abnormal conditions of trackage 
and railroad rolling stock when in motion, on a secondary basis to other 
stations on this frequency. All such operations shall be subject to the 
following:
    (i) The output power shall not exceed 30 watts;
    (ii) The bandwidth used shall not exceed that authorized to the 
licensee for voice transmissions on the frequency concerned;
    (iii) The station shall be so designed and installed that it can 
normally be activated only by its associated automatic control equipment 
and, in addition, it shall be equipped with a time delay or clock device 
which will deactivate the station within three (3) minutes following 
activation by the last car in the train; and
    (iv) Stations authorized pursuant to the provisions of this 
paragraph are exempt from the station identification requirements of 
Sec. 90.425.
    (51) In Puerto Rico and the Virgin Islands only, this frequency is 
available on a shared basis with remote pickup broadcast stations.
    (52) In Puerto Rico and the Virgin Islands only, this frequency is 
available to all stations operating in the Industrial/Business Pool.

[[Page 312]]

    (53) Frequencies in this band will be assigned only for transmitting 
hydrological or meteorological data or for low power wireless 
microphones in accordance with the provisions of Sec. 90.265.
    (54) For FM transmitters the sum of the highest modulating frequency 
and the amount of frequency deviation may not exceed 1.7 kHz and the 
maximum deviation may not exceed 1.2 kHz. For AM transmitters the 
highest modulating frequency may not exceed 1.2 kHz. The carrier 
frequency must be maintained within 0.0005 percent and the authorized 
bandwidth may not exceed 3 kHz.
    (55) This band is available to stations operating in this service 
subject to the provisions of Sec. 90.259.
    (56) Subpart T of this part contains rules for assignment of 
frequencies in the 220-222 MHz band.
    (57) The requirements for secondary fixed use of frequencies in this 
band are set forth in Sec. 90.261.
    (58) Operational fixed assignments on this frequency will only be 
made to an itinerant fixed control or relay station on a secondary basis 
to land-mobile stations in the Industrial/Business Pool, provided that 
the fixed relay or control station is to be associated with base and 
mobile facilities authorized to use other frequencies available for 
itinerant operation in the Industrial/Business Pool. All such use of 
these frequencies for fixed systems is limited to locations 161 or more 
km. (100 mi.) from the center of any urbanized area of 200,000 or more 
population, except that the distance may be 120 km. (75 mi.) if the 
output power does not exceed 20 watts. All such fixed systems are 
limited to a maximum of two frequencies and must employ directional 
antennas with a front-to-back ratio of at least 15 dB. The centers of 
urbanized areas of 200,000 or more population are determined from the 
appendix, page 226, of the U.S. Commerce publication, ``Air Line 
Distance Between Cities in the United States.'' Urbanized areas of 
200,000 or more population are defined in the U.S. Census of Population, 
1960, volume 1, table 23, page 1-50.
    (59) This frequency may be assigned primarily for stations used for 
the purpose of controlling slave locomotives that are placed within a 
train to assist the lead locomotive by providing, among other functions, 
auxiliary starting, pulling, and braking actions. Additionally, on a 
secondary basis this frequency may be assigned for remote control of all 
types of locomotives and, within a railroad yard or terminal area, for 
remote control of cab indicator devices placed with a locomotive to give 
visual signals to the operator of the locomotive. (A1, A2, F1 or F2 
emissions may be authorized.)
    (60)(i) Frequencies subject to this assignment limitation are herein 
considered collectively for use for communications concerned with cargo 
handling from a dock, or a cargo handling facility, to a vessel 
alongside. Any number of the frequencies may be authorized to one 
licensee for the purpose. Mobile relay stations may be temporarily 
installed at or in the vicinity of a dock or cargo handling facility and 
used when a vessel is alongside the dock or cargo handling facility.

------------------------------------------------------------------------
                                                                Mobile
                     Mobile relay (MHz)                          (MHz)
------------------------------------------------------------------------
457.525.....................................................   467.750
457.53125...................................................   467.75625
457.5375....................................................   467.7625
457.54375...................................................   467.76875
457.550.....................................................   467.775
457.55625...................................................   467.78125
457.5625....................................................   467.7875
457.56875...................................................   467.79375
457.575.....................................................   467.800
457.58125...................................................   467.80625
457.5875....................................................   467.8125
457.59375...................................................   467.81875
457.600.....................................................   467.825
457.60625...................................................   467.83125
457.6125
457.61875
------------------------------------------------------------------------

    (ii) For single frequency simplex: Use mobile relay frequencies. The 
effective radiated power (ERP) on any frequency shall not exceed 2 
watts. The center of the radiating system of the on-board repeater 
antenna shall be located no more than 3 m (10 ft.) above the vessel's 
highest working deck.
    (61) This frequency is available for assignment as follows:
    (i) To persons furnishing commercial air transportation service or, 
pursuant to Sec. 90.179, to an entity furnishing radio communications 
service to persons so engaged, for stations located on or near the 
airports listed in paragraph

[[Page 313]]

(c)(61)(iv) of this section. Stations will be authorized on a primary 
basis and may be used only in connection with the servicing and 
supplying of aircraft.
    (ii) To stations in the Industrial/Business Pool for secondary use 
at locations 80 km (50 mi) or more from the coordinates of the listed 
airports at a maximum ERP of 300 watts.
    (iii) To stations in the Industrial/Business Pool for secondary use 
at locations 16 km (10 mi) or more from the coordinates of the listed 
airports at a maximum transmitter output power of 2 watts. Use of the 
frequency is restricted to the confines of an industrial complex or 
manufacturing yard area. Stations licensed prior to April 17, 1986 may 
continue to operate with facilities authorized as of that date.
    (iv) The airports and their respective reference coordinates are:

------------------------------------------------------------------------
                                                   Reference coordinate
                City and airport                ------------------------
                                                  Latitude    Longitude
------------------------------------------------------------------------
Akron, OH:
  Akron-Canton Regional (CAK)..................  40 deg.55'
                                                      01" N  81 deg.26'3
                                                                    0" W
Albany-Troy-Schenectady, NY:
  Albany County (ALB)..........................  42 deg.44'
                                                      53" N  73 deg.48'1
                                                                    2" W
Albuquerque, NM:
  Albuquerque International (ABQ)..............  35 deg.02'
                                                      30" N  106 deg.36'
                                                                   23" W
Allentown-Bethlehem, PA:
  Allentown-Bethlehem-Easton (ABE).............  40 deg.39'
                                                      11" N  75 deg.26'2
                                                                    5" W
Anchorage, AK:
  Anchorage International (ANC)................  61 deg.10'
                                                      30" N  149 deg.59'
                                                                   38" W
Atlanta, GA:
  Atlanta International (ATL)..................  33 deg.38'
                                                      25" N  84 deg.25'3
                                                                    7" W
  Dekalb-Peachtree (PDK).......................  33 deg.52'
                                                      30" N  84 deg.18'0
                                                                    8" W
  Fulton County (FTY)..........................  33 deg.46'
                                                      45" N  84 deg.31'1
                                                                    7" W
Baltimore, MD:
  Baltimore-Washington Int'l (BWI).............  39 deg.10'
                                                      30" N  76 deg.40'1
                                                                    0" W
Birmingham, AL:
  Birmingham Municipal (BHM)...................  33 deg.33'
                                                      50" N  86 deg.45'1
                                                                    6" W
Boston, MA:
  Logan International (BOS)....................  42 deg.21'
                                                      51" N  71 deg.00'2
                                                                    1" W
Bridgeport, CT:
  Sikorsky Memorial (BDR)......................  41 deg.09'
                                                      49" N  73 deg.07'3
                                                                    5" W
Buffalo, NY:
  Greater Buffalo Int'l (BUF)..................  42 deg.56'
                                                      26" N  78 deg.43'5
                                                                    7" W
Canton, OH:
  Akron-Canton Regional (CAK)..................  40 deg.55'
                                                      01" N  81 deg.26'3
                                                                    0" W
Charlotte, NC:
  Charlotte-Douglas Int'l (CLT)................  35 deg.12'
                                                      52" N  80 deg.56'3
                                                                    7" W
Chattanooga, TN:
  Lovell (CHA).................................  35 deg.02'
                                                      07" N  85 deg.12'1
                                                                    5" W
Chicago, IL-Northwest, IN:
  Chicago-Wheeling-Palwaukee (PWK).............  42 deg.06'
                                                      48" N  87 deg.54'0
                                                                    3" W
  Meigs (CGX)..................................  41 deg.51'
                                                      32" N  87 deg.36'2
                                                                    8" W
  Michiana Regional (SBN)......................  41 deg.42'
                                                      18" N  86 deg.18'5
                                                                    9" W
  Midway (MDW).................................  41 deg.47'
                                                      10" N  87 deg.45'0
                                                                    8" W
  O'Harm International (ORD)...................  41 deg.58'
                                                      48" N  87 deg.54'1
                                                                    6" W
  West Chicago-Dupage (DPE)....................  41 deg.54'
                                                      52" N  88 deg.14'4
                                                                    7" W
Cincinnati, OH:
  Greater Cincinnati Int'l (CVG)...............  39 deg.14'
                                                      59" N  84 deg.23'1
                                                                    4" W
  Lunken (LUK).................................  39 deg.06'
                                                      12" N  84 deg.25'0
                                                                    8" W
Cleveland, OH:
  Burke Lakefront (BKL)........................  41 deg.31'
                                                      03" N  81 deg.41'0
                                                                    1" W
  Cuyahoga County (CGF)........................  41 deg.33'
                                                      54" N  81 deg.29'1
                                                                    1" W
  Hopkins International (CLE)..................  41 deg.24'
                                                      38" N  81 deg.50'5
                                                                    8" W
Columbus, OH:
  Port Columbus Int'l (CMH)....................  39 deg.59'
                                                      42" N  82 deg.53'1
                                                                    1" W
Dallas, TX:
  Addison (ADS)................................  32 deg.58'
                                                      06" N  96 deg.50'1
                                                                    0" W
  Dallas-Ft. Worth Regional (DFW)..............  32 deg.53'
                                                      45" N  97 deg.02'1
                                                                    0" W
  Dallas-Love Field (DAL)......................  32 deg.50'
                                                      49" N  96 deg.51'0
                                                                    5" W
  Red Bird (RBD)...............................  32 deg.40'
                                                      49" N  96 deg.52'0
                                                                    2" W
Davenport, IA (Rock Island, Moline, IL):
  Davenport Municipal (DVN)....................  41 deg.36'
                                                      42" N  90 deg.35'2
                                                                    1" W
  Quad City (MLI)..............................  41 deg.26'
                                                      56" N  90 deg.30'3
                                                                    5" W
Dayton, OH:
  Dayton International (DAY)...................  39 deg.54'
                                                      04" N  84 deg.13'1
                                                                    2" W
Denver, CO:
  Centennial (APA).............................  39 deg.34'
                                                      19" N  104 deg.50'
                                                                   54" W
  Colorado Springs Municipal (COS).............  38 deg.48'
                                                      31" N  104 deg.42'
                                                                    5" W
  Denver-Jeffco (BJC)..........................  39 deg.54'
                                                      28" N  105 deg.26'
                                                                   53" W
  Stapleton International (DEN)................  39 deg.46'
                                                      22" N  104 deg.52'
                                                                   38" W
Des Moines, IA:
  Des Moines Municipal (DSM)...................  41 deg.32'
                                                      06" N  93 deg.39'3
                                                                    8" W
Detroit, MI:
  Detroit City (DET)...........................  42 deg.24'
                                                      33" N  83 deg.00'3
                                                                    6" W
  Detroit Metro-Wayne County (DTW).............  42 deg.12'
                                                      55" N  83 deg.20'5
                                                                    5" W

[[Page 314]]

 
  Oakland-Pontiac (PTK)........................  42 deg.39'
                                                      54" N  83 deg.25'0
                                                                    5" W
  Willow Run (YIP).............................  42 deg.14'
                                                      16" N  83 deg.31'5
                                                                    0" W
El Paso, TX:
  El Paso International (ELP)..................  31 deg.48'
                                                      24" N  106 deg.22'
                                                                   38" W
Flint, MI:
  Bishop (FNT).................................  42 deg.57'
                                                      56" N  83 deg.44'3
                                                                    7" W
Ft. Lauderdale-Hollywood, FL:
  Ft. Lauderdale Executive (FXE)...............  26 deg.11'
                                                      49" N  80 deg.10'1
                                                                    5" W
  Ft. Lauderdale-Hollywd Int'l (FLL)...........  26 deg.04'
                                                      19" N  80 deg.09'1
                                                                    3" W
Ft. Worth, TX:
  Meacham (FTW)................................  32 deg.49'
                                                      09" N  97 deg.21'4
                                                                    1" W
Fresno, CA:
  Chandler Downtown (FCH)......................  36 deg.43'
                                                      56" N  119 deg.49'
                                                                   08" W
  Fresno Air Terminal (FAT)....................  36 deg.46'
                                                      36" N  119 deg.43'
                                                                   02" W
Grand Rapids, MI:
  Kent County Int'l (GRR)......................  42 deg.52'
                                                      57" N  85 deg.31'2
                                                                    6" W
Hana, HI:
  Hana (HNN)...................................  20 deg.47'
                                                      56" N  156 deg.01'
                                                                   02" W
Harrisburg, PA:
  Capital City (CXY)...........................  40 deg.13'
                                                      01" N  76 deg.51'0
                                                                    6" W
  Harrisburg Int'l (MDT).......................  40 deg.11'
                                                      36" N  76 deg.45'4
                                                                    9" W
Hartford, CT (Windsor Locks):
  Bradley Int'l (BDL)..........................  41 deg.56'
                                                      20" N  72 deg.41'0
                                                                    1" W
  Hartford-Brainard (HFD)......................  41 deg.44'
                                                      10" N  72 deg.39'0
                                                                    2" W
Hilo, HI:
  General Lyman Field (ITO)....................  19 deg.43'
                                                      24" N  155 deg.03'
                                                                   05" W
Honolulu, HI:
  Honolulu International (HNL).................  21 deg.19'
                                                      20" N  157 deg.55'
                                                                   27" W
Houston, TX:
  W.P. Hobby (HOU).............................  29 deg.38'
                                                      43" N  95 deg.16'4
                                                                    3" W
  D.W. Hooks Memorial (DWH)....................  30 deg.03'
                                                      50" N  95 deg.33'1
                                                                    1" W
  Houston Intercontinental (IAH)...............  29 deg.58'
                                                      55" N  95 deg.20'4
                                                                    5" W
Indianapolis, IN:
  Indianapolis Int'l (IND).....................  39 deg.43'
                                                      32" N  86 deg.17'0
                                                                    2" W
Jacksonville, FL:
  Craig Municipal (CRG)........................  30 deg.20'
                                                      10" N  81 deg.30'5
                                                                    3" W
  Jacksonville Int'l (JAX).....................  30 deg.29'
                                                      33" N  81 deg.41'2
                                                                    4" W
Kahului, HI:
  Kahului (OGG)................................  20 deg.54'
                                                      07" N  156 deg.25'
                                                                   59" W
Kailula-Kona, HI:
  Ke-Ahole (KOA)...............................  19 deg.44'
                                                      08" N  156 deg.25'
                                                                   06" W
Kameula, HI:
  Waimea-Kohala (MUE)..........................  20 deg.00'
                                                      16" N  155 deg.40'
                                                                   15" W
Kansas City, MO-KS:
  Fairfax Municipal (KCK)......................  39 deg.08'
                                                      50" N  94 deg.56'1
                                                                    4" W
  Kansas City Int'l (MCI)......................  39 deg.17'
                                                      57" N  94 deg.43'0
                                                                    4" W
  Kansas City Municipal Dntn (MKC).............  39 deg.07'
                                                      24" N  94 deg.35'3
                                                                    3" W
  Richard-Gebaur (GBW).........................  38 deg.50'
                                                      37" N  94 deg.33'3
                                                                    7" W
Kauna Kakai, HI:
  Molokai (MKK)................................  21 deg.09'
                                                      22" N  157 deg.55'
                                                                   07" W
Las Vegas, NV:
  McCarran Int'l (LAS).........................  36 deg.04'
                                                      58" N  115 deg.09'
                                                                   13" W
Lihue, HI:
  Lihue (LIH)..................................  21 deg.58'
                                                      42" N  159 deg.20'
                                                                   40" W
Los Angeles, CA:
  Burbank-Glendale-Pasadena (BUR)..............  34 deg.21'
                                                      02" N  118 deg.21'
                                                                   27" W
  Catalina (AVX)...............................  33 deg.24'
                                                       20 N  118 deg.24'
                                                                   50" W
  Long Beach-Daugherty Field (LGB).............  33 deg.49'
                                                      03" N  118 deg.09'
                                                                   03" W
  Los Angeles Int'l (LAX)......................  33 deg.56'
                                                      33" N  118 deg.24'
                                                                   26" W
  Ontario Int'l (ONT)..........................  34 deg.03'
                                                      22" N  117 deg.36'
                                                                   11" W
  Santa Ana-John Wayne-Orange City (SNA).......  33 deg.40'
                                                      32" N  117 deg.52'
                                                                   02" W
Louisville, KY:
  Standiford Field (SDF).......................  38 deg.10'
                                                      40" N  85 deg.44'1
                                                                    1" W
Memphis, TN:
  Memphis Int'l (MEM)..........................  35 deg.02'
                                                      59" N  89 deg.58'4
                                                                    3" W
Miami, FLA:
  Miami Int'l (MIA)............................  25 deg.47'
                                                      34" N  80 deg.17'2
                                                                    6" W
  Opa Locka (OPF)..............................  25 deg.54'
                                                      25" N  80 deg.16'5
                                                                    0" W
  Tamiami (TMB)................................  25 deg.38'
                                                      51" N  80 deg.25'5
                                                                    9" W
Milwaukee, WI:
  General Mitchell (MKE).......................  42 deg.56'
                                                      49" N  87 deg.53'4
                                                                    9" W
Minneapolis-St. Paul, MN:
  Minneapolis-St. Paul (MSP)...................  44 deg.53'
                                                      03" N  93 deg.12'5
                                                                    4" W
Mobile, AL:
  Bates Field (MOB)............................  30 deg.41'
                                                      23" N  88 deg.14'3
                                                                    1" W
Nashville, TN:
  Nashville Metropolitan (BNA).................  36 deg.07'
                                                      37" N  86 deg.40'5
                                                                    3" W
New Haven, CT:
  Tweed-New Haven Municipal (HVN)..............  41 deg.15'
                                                      50" N  72 deg.53'1
                                                                    5" W
New Orleans, LA:
  Lakefront (NEW)..............................  30 deg.02'
                                                      33" N  90 deg.01'4
                                                                    1" W
  New Orleans Int'l (MSY)......................  29 deg.59'
                                                      34" N  90 deg.15'2
                                                                    3" W
Newport News-Hampton,VA:
  Patrick Henry Int'l (PHF)....................  37 deg.07'
                                                      54" N  76 deg.29'3
                                                                    6" W
New York-Northeast, NJ:
  Farmingdale Republic (FRG)...................  40 deg.43'
                                                      43" N  73 deg.24'5
                                                                    0" W

[[Page 315]]

 
  JFK International (JFK)......................  40 deg.38'
                                                      25" N  73 deg.46'4
                                                                    2" W
  LaGuardia (LGA)..............................  40 deg.46'
                                                      38" N  73 deg.52'2
                                                                    7" W
  Long Island-McArthur (ISP)...................  40 deg.47'
                                                      44" N  73 deg.06'0
                                                                    0" W
  Morristown Municipal (NJ) (MMU)..............  40 deg.47'
                                                      57" N  74 deg.24'5
                                                                    5" W
  Newark Int'l (FWR)...........................  40 deg.41'
                                                      35" N  74 deg.10'0
                                                                    7" W
  Teterboro (NJ) (TEB).........................  40 deg.51'
                                                      00" N  74 deg.03'4
                                                                    1" W
Norfolk-Portsmouth, VA:
  Norfolk Int'l (ORF)..........................  36 deg.53'
                                                      40" N  76 deg.12'0
                                                                    6" W
Oklahoma City, OK:
  Wiley Post (DWA).............................  35 deg.32'
                                                      03" N  97 deg.38'4
                                                                    8" W
  Will Rogers World (OKC)......................  35 deg.23'
                                                      35" N  97 deg.36'0
                                                                    2" W
Omaha, NE:
  Eppley Airfield (OMA)........................  41 deg.18'
                                                      04" N  95 deg.53'3
                                                                    6" W
Orlando, FL:
  Orlando Executive (ORL)......................  28 deg.32'
                                                      43" N  81 deg.19'5
                                                                    9" W
  Orlando Int'l (MCO)..........................  28 deg.25'
                                                      54" N  81 deg.19'5
                                                                    9" W
Philadelphia, PA-NJ:
  Northeast Philadelphia (PNE).................  40 deg.04'
                                                      55" N  75 deg.00'4
                                                                    0" W
  Philadelphia Int'l (PHC).....................  39 deg.52'
                                                      13" N  75 deg.14'4
                                                                    3" W
Phoenix, AZ:
  Phoenix-Sky Habor Int'l (PHX)................  33 deg.26'
                                                      10" N  112 deg.00'
                                                                   32" W
  Scottsdale Municipal (SDC)...................  33 deg.37'
                                                      22" N  111 deg.54'
                                                                   35" W
Pittsburgh, PA:
  Allegheny County (AGC).......................  40 deg.21'
                                                      16" N  79 deg.55'4
                                                                    9" W
  Greater Pittsburgh Int'l (PIT)...............  40 deg.29'
                                                      30" N  80 deg.13'5
                                                                    5" W
Portland, OR:
  Portland-Hillsboro (HIO).....................  45 deg.32'
                                                      26" N  122 deg.56'
                                                                   55" W
  Portland International (PDX).................  45 deg.35'
                                                      20" N  122 deg.35'
                                                                   47" W
  Portland-Troutdale (TTD).....................  45 deg.32'
                                                      58" N  122 deg.24'
                                                                   00" W
Providence-Pawtucket, RI--MA:
  North Central State (SFZ)....................  41 deg.55'
                                                      15" N  71 deg.29'3
                                                                    0" W
  T.F. Green State (PVD).......................  41 deg.43'
                                                      31" N  71 deg.25'4
                                                                    1" W
Reno, NV:
  Reno International (RNO).....................  39 deg.29'
                                                      52" N  119 deg.46'
                                                                   04" W
Richmond, VA:
  Byrd International (RIC).....................  37 deg.30'
                                                      18" N  77 deg.19'1
                                                                    2" W
Rochester, NY:
  Rochester-Monroe County (ROC)................  43 deg.07'
                                                      08" N  77 deg.40'2
                                                                    2" W
 Sacramento, CA:
  Sacramento Executive (SAC)...................  38 deg.30'
                                                      45" N  121 deg.29'
                                                                   33" W
  Sacramento Metropolitan (SMF)................  38 deg.41'
                                                      44" N  121 deg.36'
                                                                   01" W
St. Louis, MO-IL:
  Spirit of St. Louis (SUS)....................  38 deg.39'
                                                      36" N  90 deg.38'4
                                                                    3" W
  St. Louis-Lambert Int'l (STC)................  38 deg.44'
                                                      51" N  90 deg.21'3
                                                                    9" W
St. Petersburg, FL:
  Albert Whitted Municipal (SPG)...............  27 deg.45'
                                                      53" N  82 deg.37'3
                                                                    9" W
  Clearwater Int'l (PIE).......................  27 deg.54'
                                                      38" N  82 deg.41'1
                                                                    6" W
Salt Lake City, UT:
  Salt Lake City Int'l (SLC)...................  40 deg.47'
                                                      13" N  111 deg.58'
                                                                   05" W
San Antonio, TX:
  San Antonio Int'l (SAT)......................  29 deg.32'
                                                      00" N  98 deg.28'1
                                                                    0" W
San Bernardino, CA:
  Ontario Int'l (ONT)..........................  34 deg.03'
                                                      22" N  117 deg.36'
                                                                   11" W
San Diego, CA:
  Lindbergh Int'l (SAN)........................  32 deg.44'
                                                      01" N  117 deg.11'
                                                                   12" W
San Francisco-Oakland, CA:
  Metropolitan Oakland Int'l (OAK).............  37 deg.43'
                                                      17" N  122 deg.13'
                                                                   11" W
  San Francisco Int'l (SFO)....................  37 deg.37'
                                                      08" N  122 deg.22'
                                                                   26" W
San Jose, CA:
  San Jose Int'l (SJC).........................  37 deg.21'
                                                      41" N  121 deg.55'
                                                                   38" W
Scranton, PA:
  Wilkes-Barre Scranton Int'l (AVP)............  41 deg.20'
                                                      20" N  75 deg.43'2
                                                                    7" W
Seattle, WA:
  King County Int'l (BFI)......................  47 deg.31'
                                                      49" N  122 deg.18'
                                                                   03" W
  Seattle-Tacoma Int'l (SEA)...................  47 deg.26'
                                                      57" N  122 deg.18'
                                                                   29" W
Shreveport, LA:
  Shreveport Downtown (DTN)....................  32 deg.32'
                                                      23" N  93 deg.44'4
                                                                    0" W
  Shreveport Regional (SHV)....................  32 deg.26'
                                                      48" N  93 deg.49'3
                                                                    0" W
South Bend, IN:
  Michiana Regional (SBW)......................  41 deg.42'
                                                      18" N  86 deg.18'5
                                                                    9" W
Spokane, WA:
  Grant County (MWH)...........................  47 deg.12'
                                                      28" N  119 deg.19'
                                                                   08" W
  Spokane Int'l (GEG)..........................  47 deg.37'
                                                      12" N  117 deg.31'
                                                                   58" W
Springfield, MA:
  Barnes Municipal (BAF).......................  42 deg.09'
                                                      28" N  72 deg.42'5
                                                                     8"W
  Westover Field (CEF).........................  42 deg.11'
                                                      52" N  72 deg.31'5
                                                                    0" W
Syracuse, NY:
  Syracuse-Hancock Int'l (SYR).................  43 deg.06'
                                                      44" N  76 deg.06'3
                                                                    2" W
Tacoma, WA:
  Tacoma Narrows (TIW).........................  47 deg.16'
                                                      05" N  122 deg.34'
                                                                   37" W
Tampa, FL:
  Tampa Int'l (TPA)............................  27 deg.58'
                                                      31" N  82 deg.32'0
                                                                    0" W
Toledo, OH:
  Toledo Express (TOL).........................  41 deg.35'
                                                      15" N  83 deg.48'1
                                                                    9" W
Trenton, NJ-PA:
  Mercer County (TTN)..........................  40 deg.16'
                                                      38" N  74 deg.48'5
                                                                    0" W

[[Page 316]]

 
Tucson, AZ:
  Tucson Int'l (TUS)...........................  32 deg.07'
                                                      06" N  110 deg.56'
                                                                   35" W
Tulsa, OK:
  R.L. Jones, Jr. (RVS)........................  36 deg.02'
                                                      18" N  95 deg.59'0
                                                                    5" W
  Tulsa Int'l (TUL)............................  36 deg.11'
                                                      54" N  95 deg.53'1
                                                                    6" W
Washington, DC:
  Dulles International (IAD)...................  38 deg.56'
                                                      39" N  77 deg.27'2
                                                                    6" W
  National (DCA)...............................  38 deg.51'
                                                      07" N  77 deg.02'1
                                                                    7" W
 Wichita, KS:
  Mid-Continent (ICT)..........................  37 deg.39'
                                                      00" N  97 deg.25'5
                                                                    8" W
Wilkes-Barre, PA:
  Wilkes-Barre-Scranton (AVP)..................  41 deg.20'
                                                      20" N  75 deg.43'2
                                                                    7" W
Wilmington, DE:
  Gr. Wilm.-New Castle City (ILG)..............  39 deg.40'
                                                      42" N  75 deg.36'2
                                                                    5" W
Worcester, MA:
  Worcester Municipal (ORH)....................  42 deg.16'
                                                      02" N  71 deg.52'3
                                                                    4" W
Youngstown-Warren, OH-PA:
  Youngstown Municipal (YNG)...................  41 deg.15'
                                                      32" N  80 deg.40'3
                                                                    4" W
------------------------------------------------------------------------

    (62) This frequency may be assigned to fixed stations in the 
Industrial/Business Pool in accordance with the provisions of 
Sec. 90.261.
    (63) Within the boundaries of urbanized areas of 200,000 or more 
population, defined in the United States Census of Population, 1960, 
vol. 1, table 23, page 1-50, this frequency may be used only by persons 
rendering a central station commercial protection service within the 
service area of the radio station utilizing the frequency and may be 
used only for communications pertaining to safety of life and property, 
and for maintenance or testing of the protection facilities. Central 
Station commercial protection service is defined as an electrical 
protection and supervisory service rendered to the public from and by a 
central station accepted and certified by one or more of the recognized 
rating agencies, or the Underwriters Laboratories' (UL), or Factory 
Mutual System. Other stations in the Industrial/Business Pool may be 
licensed on this frequency only when all base, mobile relay and control 
stations are located at least 120 km (75 miles) from the city center or 
centers of the specified urbanized areas of 200,000 or more population. 
With respect to combination urbanized areas containing more than one 
city, 120 km (75 mile) separation shall be maintained from each city 
center which is included in the urbanized area. The locations of centers 
of cities are determined from appendix, page 226, of the U.S. Commerce 
publication ``Air Line Distance Between Cities in the United States.''
    (64) Persons who render a central station commercial protection 
service are authorized to operate fixed stations on this frequency for 
the transmission of tone or impulse signals on a secondary, 
noninterference base-to-base/mobile operations subject to the following 
conditions and limitations:
    (i) Secondary fixed operations may be used only for the following 
purposes:
    (A) Indication of equipment malfunction;
    (B) Actuation of a device to indicate the presence of an intruder, 
fire, or other hazardous condition on the property under the protection 
of the licensee;
    (C) Indication of an abnormal condition in facilities under the 
protection of the licensee that, if not promptly reported, would result 
in danger to human life;
    (D) Transmission, as may be necessary, to verify status of 
equipment; adjust operating conditions; or correct any abnormal 
condition; or
    (E) Confirmation of status, or that an operation or correction has 
been accomplished.
    (ii) The maximum duration of any one non-voice signal may not exceed 
2 seconds and shall not be transmitted more than three times.
    (iii) Systems employing automatic interrogation shall be limited to 
non-voice techniques and shall not be activated for this purpose more 
than 10 seconds out of any 60-second period. This 10-second frame 
includes both transmit and response times.
    (iv) The bandwidth shall not exceed that authorized to the licensee 
for the primary operation on the frequency concerned.
    (v) Frequency loading resulting from the use of secondary signaling 
will not be considered in whole or in part as a justification for 
authorizing additional frequencies in the licensee's mobile system.

[[Page 317]]

    (vi) A mobile service frequency may not be used exclusively for 
secondary signaling.
    (vii) The output power shall not exceed 30 watts (at the remote 
site).
    (viii) A1D, A2D, F1D, or F2D emission may be authorized.
    (ix) The transmitter shall be designed to deactivate automatically 
after 3 minutes of continuous carrier radiation.
    (x) Operational fixed stations authorized under this paragraph are 
exempt from the requirements of Secs. 90.137(b), 90.429(d), 90.425 and 
90.433.
    (xi) On these frequencies, base, mobile relay or mobile stations may 
transmit secondary tone or impulse signals to receivers, as provided in 
this section.
    (65) Licensees providing a central station commercial protection 
service may communicate with police or fire stations, or vehicles, on 
this frequency, and may install licensed transmitting units which 
operate on this frequency at police or fire stations, or in police or 
fire vehicles, if the frequency's primary use is in a base/mobile system 
for a central station commercial protection service.
    (66) This frequency may be assigned only to persons rendering a 
central station commercial protection service, which is defined in 
paragraph (c)(63) of this section, within the service area of the radio 
station utilizing the frequency.
    (67) Use of this frequency is on a secondary basis and subject to 
the provisions of Sec. 90.267 (a)(3), (a)(4), (a)(5), and (a)(7).
    (68) Maximum permissible power output for stations on airports is 3 
watts. Each station authorized on this frequency will be classified and 
licensed as a mobile station. Any units of such a station, however, may 
provide the functions of a base station on a secondary basis to mobile 
service operations provided that the vertical separation between the 
control point or ground level and the center of the radiating portion of 
the antenna of any units so used shall not exceed 8 m (25 ft.).
    (69) This frequency may be used on a secondary, non-interference 
basis by a hospital or health care institution holding a license to 
operate a radio station under this part to operate a medical radio 
telemetry device with an output power not to exceed 20 milliwatts 
without specific authorization from the Commission.
    (70) Subpart L of this part contains rules for assignment of 
frequencies in the 470-512 MHz band.
    (71) Subpart S of this part contains rules for assignment of 
frequencies in the 806-821/851-866 and 896-901/935-940 MHz bands.
    (72) Assignment of frequencies above 928 MHz for operational-fixed 
stations is governed by part 101 of this chapter.
    (73) Frequencies in this band are available only for one-way paging 
operations in accordance with Sec. 90.494.
    (74) Available only on a shared basis with stations in other 
services, and subject to no protection from interference due to the 
operation of industrial, scientific, or medical (ISM) devices. In the 
2483.5-2500 MHz band, no applications for new or modification to 
existing stations to increase the number of transmitters will be 
accepted. Existing licensees as of July 25, 1985, or on a subsequent 
date following as a result of submitting an application for license on 
or before July 25, 1985, are grandfathered and their operation is co-
primary with the Radiodetermination Satellite Service.
    (75) Use of frequencies in this band is limited to developmental 
operation and is subject to the provisions of subpart Q of this part.
    (76) The frequencies in the band 10.55-10.68 GHz are available for 
Digital Termination Systems and for associated intermodal links in the 
Point-to-Point Microwave Service. No new licenses will be issued under 
this subpart but current licenses will be renewed.
    (77) All communications on this frequency must be conducted within 
the boundaries or confines of the licensee's business premises.
    (78) Base and mobile stations authorized as of April 1, 1968, may 
continue to be authorized for such operation on a secondary basis to the 
Maritime Mobile Service. The licensees of such stations may renew, 
modify, reinstate, or assign their licenses in those cases where such 
assignment accompanies a change of ownership of the licensee's

[[Page 318]]

business to the assignee, and may expand existing systems when using 
that frequency; however, they will not be authorized to establish any 
new systems.
    (d) Additional frequencies available. In addition to the frequencies 
shown in the frequency table of this section, the following frequencies 
are available in this service. (See also Sec. 90.253.)
    (1) Frequencies may be substituted for those available below 25 MHz 
in accordance with the provisions of Sec. 90.263.
    (2) Frequencies in the band 73.0-74.6 MHz may be assigned to 
stations authorized their use on or before December 1, 1961, but no new 
stations will be authorized in this band, nor will expansion of existing 
systems be permitted. (See also Sec. 90.257.)
    (3) Frequencies in the 421-430 MHz band are available in the 
Detroit, Cleveland, and Buffalo areas in accordance with the rules in 
Secs. 90.273 through 90.281.
    (4) The following frequencies are available only in Puerto Rico and 
the Virgin Islands. These ``Base and Mobile'' and ``Mobile only'' 
frequencies are available on a shared basis with the Public Safety Pool. 
These ``Mobile only'' frequencies may be assigned to a control station 
associated with a mobile relay system if it is also assigned to the 
associated mobile station.

------------------------------------------------------------------------
                                                                Mobile
                       Base and mobile                           only
------------------------------------------------------------------------
159.240.....................................................    160.410
159.2475....................................................    160.4175
159.255.....................................................    160.425
159.2625....................................................    160.4325
159.270.....................................................    160.440
159.2775....................................................    160.4475
159.285.....................................................    160.455
159.2925....................................................    160.4625
159.300.....................................................    160.470
159.3075....................................................    160.4775
159.315.....................................................    160.485
159.3225....................................................    160.4925
159.330.....................................................    160.500
159.3375....................................................    160.5075
159.345.....................................................    160.515
159.3525....................................................    160.5225
159.360.....................................................    160.530
159.3675....................................................    160.5375
159.375.....................................................    160.545
159.3825....................................................    160.5525
159.390.....................................................    160.560
159.3975....................................................    160.5675
159.405.....................................................    160.575
159.4125....................................................    160.5825
159.420.....................................................    160.590
159.4275....................................................    160.5975
159.435.....................................................    160.605
159.4425....................................................    160.6125
------------------------------------------------------------------------

    (5) Low power mobile stations of 100 mw or less output power used 
for one-way, non-voice medical telemetry operations in hospitals or in 
medical convalescent centers are subject to the provisions of 
Sec. 90.238.
    (6) The frequency band 33.00-33.01 MHz may be used for developmental 
operations subject to the provisions of subpart Q of this part. Any type 
of emission other than pulsed emission may be used if the bandwidth 
occupied by the emission is contained within the assigned frequency 
band.
    (e) Limitation on number of frequencies assignable. Normally only 
one frequency, or pair of frequencies in the paired frequency mode of 
operation, will be assigned for mobile service operations by a single 
applicant in a given area. The assignment of an additional frequency or 
pair of frequencies will be made only upon a satisfactory showing of 
need, except that:
    (1) Additional frequencies above 25 MHz may be assigned in 
connection with operation of mobile repeaters in accordance with 
Sec. 90.247 notwithstanding this limitation.
    (2) Frequencies in the ranges 30.56-30.57 MHz, 35.00-35.01 MHz, 
35.99-36.00 MHz, and 37.00-37.01 MHz are available for developmental 
operation by applicants in this service subject to the provisions of 
subpart Q of this part, notwithstanding this limitation.
    (3) Frequencies in the 25-50 MHz, 150-170 MHz, 450-512 MHz and 902-
928 MHz bands may be assigned for the operation of Location and 
Monitoring Service (LMS) systems in accordance with the provisions of 
subpart M of this part, notwithstanding this limitation.
    (4) Authorizations for multiple frequencies for geophysical 
operations will be granted on the frequencies governed by the 
limitations in paragraphs (c) (3) and (4) of this section 
notwithstanding this limitation. However, each geophysical exploration 
party may only use a maximum of four frequencies at any one time.
    (5) Authorization for more than one mobile frequency in the band 72-
76 MHz

[[Page 319]]

will be issued notwithstanding this limitation.
    (6) This limitation shall not apply to paragraph (c)(1) of this 
section.
    (7) Frequencies in the 457 and 467 MHz bands may be assigned 
collectively as provided by paragraph (c)(60) of this section 
notwithstanding this limitation.
    (f) Limitation on itinerant operation. Base or mobile stations being 
utilized in itinerant operation will be authorized only on base or 
mobile frequencies designated for itinerant operation under paragraphs 
(c)(10) or (c)(17) of this section, or on other frequencies not 
designated for permanent use.
    (g) The frequencies 10-490 kHz are used to operate electric utility 
Power Line Carrier (PLC) systems on power transmission lines for 
communications essential to the reliability and security of electric 
service to the public, in accordance with part 15 of this chapter. Any 
electric utility that generates, transmits, or distributes electrical 
energy for use by the general public or by the members of a cooperative 
organization may operate PLC systems and shall supply to a Federal 
Communications Commission/National Telecommunications and Information 
Administration recognized industry-operated entity, information on all 
existing, changes to existing, and proposed systems for inclusion in a 
data base. Such information shall include the frequency, power, location 
of transmitter(s), location of receivers and other technical and 
operational parameters, which would characterize the system's potential 
both to interfere with authorized radio users, and to receive harmful 
interference from these users. In an agreed upon format, the industry-
operated entity shall inform the NTIA and the FCC of these system 
characteristics prior to implementation of any proposed PLC system and 
shall provide monthly or periodic lists with supplements of PLC systems. 
The FCC and NTIA will supply appropriate application and licensing 
information to the notification activity regarding authorized radio 
stations operating in the band. PLC systems in this band operate on a 
noninterference basis to radio systems assigned frequencies by the NTIA 
or licensed by the FCC and are not protected from interference due to 
these radio operations.

[62 FR 18874, Apr. 17, 1997, as amended at 63 FR 36608, July 7, 1998]

    Effective Date Note:  At 63 FR 36608, July 7, 1998, Sec. 90.35, 
paragraph (c)(22) was amended by removing the term ``type accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



                        Subparts D-- E [Reserved]



                    Subpart F--Radiolocation Service



Sec. 90.101  Scope.

    The Radiolocation Service accommodates the use of radio methods for 
determination of direction, distance, speed, or position for purposes 
other than navigation. Rules as to eligibility for licensing, 
permissible communications, frequency available, and any special 
requirements are set forth in Sec. 90.103. Provisions for the Location 
and Monitoring Service (LMS) are contained in subpart M of this part.

[60 FR 15252, Mar. 23, 1995]



Sec. 90.103  Radiolocation Service.

    (a) Eligibility. The following persons are eligible for 
authorizations in the Radiolocation Service to operate stations to 
determine distance, direction, speed, or position by means of 
radiolocation devices, for purposes other than navigation:
    (1) Any person engaged in a commercial, industrial, scientific, 
educational, or local government activity
    (2) A corporation or association that will furnish radiolocation 
service to other persons.
    (3) A corporation that will furnish a nonprofit radio communication 
service to its parent corporation, to another subsidiary of the same 
parent, or to its own subsidiary where the party to be served is 
regularly engaged in any of the eligibility activities set forth in this 
paragraph.
    (b) Frequencies available. The following table indicates frequencies 
available for assignment to stations in the Radiolocation Service, 
together with the class of station(s) to which they are normally 
assigned, and the specific assignment limitations, which are explained 
in paragraph (c) of this section:

[[Page 320]]



                  Radiolocation Service Frequency Table
------------------------------------------------------------------------
          Frequency or band             Class of station(s)   Limitation
------------------------------------------------------------------------
                                Kilohertz
------------------------------------------------------------------------
  70 to 90..........................  Radiolocation land or            1
                                       mobile.
90 to 110...........................  Radiolocation land....           2
110 to 130..........................  Radiolocation land or            1
                                       mobile.
1605 to 1715........................  ......do..............    4, 5, 6,
                                                                 28, and
                                                                     29.
1715 to 1750........................  ......do..............        5, 6
1750 to 1800........................  ......do..............     5, 6, 7
1900 to 1950........................  ......do..............  6, 25, 26,
                                                                 27, and
                                                                     30.
1950 to 2000........................  ......do..............  6, 25, 27,
                                                                 and 30.
3230 to 3400........................  ......do..............        6, 8
------------------------------------------------------------------------
                                Megahertz
------------------------------------------------------------------------
  420 to 450........................  ......do..............          21
2450 to 2500........................  ......do..............   9, 22, 23
2900 to 3100........................  ......do..............      10, 11
3100 to 3300........................  ......do..............          12
3300 to 3500........................  ......do..............      12, 13
3500 to 3700........................  ......do..............          12
5250 to 5350........................  ......do..............          12
5350 to 5460........................  ......do..............      10, 14
5460 to 5470........................  ......do..............      10, 15
5470 to 5600........................  ......do..............      10, 11
5600 to 5650........................  ......do..............      10, 16
8500 to 9000........................  ......do..............      12, 17
9000 to 9200........................  ......do..............      10, 14
9200 to 9300........................  ......do..............          12
9300 to 9500........................  ......do..............  10, 15, 18
9500 to 10,000......................  ......do..............          12
10,000 to 10,500....................  ......do..............  12, 13, 19
10,500 to 10,550....................  ......do..............  20, 22, 24
13,400 to 13,750....................  ......do..............          12
13,750 to 14,000....................  ......do..............          31
15,700 to 17,700....................  ......do..............          12
24,050 to 24,250....................  ......do..............  12, 22, 24
33,400 to 36,000....................  ......do..............          12
------------------------------------------------------------------------

    (c) Explanation of assignment limitations appearing in the frequency 
table of paragraph (b) of this section:
    (1) This frequency band is shared with and stations operating in 
this frequency band in this service are on a secondary basis to stations 
licensed in the International Fixed Service and the Maritime Mobile 
Service.
    (2) This frequency band is shared with and stations operating in 
this frequency band in this service are on a secondary basis to the 
LORAN Navigation System; all operations are limited to radiolocation 
lands stations in accordance with footnote US104, Sec. 2.106 of this 
chapter.
    (3) [Reserved]
    (4) Non-Government radiolocation service in this band is on a 
secondary basis to stations in the Aeronautical Radionavigation Service 
operating on 1638 or 1708 kHz.
    (5) Station assignments on frequencies in this band will be made 
subject to the conditions that the maximum output power shall not exceed 
375 watts and the maximum authorized bandwidth shall not exceed 2 kHz.
    (6) Because of the operation of stations having priority on the same 
or adjacent frequencies in this or in other countries, frequency 
assignments in this band may either be unavailable of may be subject to 
certain technical of operational limitations. Therefore, applications 
for frequency assignments in this band shall include information 
concerning the transmitter output power; the type and directional 
characteristics of the antenna and the minimum hours of operation (GMT).
    (7) This band is shared with the Disaster Communications Service 
(part 99) and operations are on a secondary basis to that service 
between local sunset and local sunrise, or at any time during an actual 
or imminent disaster. Local sunrise and sunset times shall be derived 
from the 1946 American Nautical Almanac. Each frequency assignment in 
this band is on an exclusive basis within the daytime primary service 
area to which assigned. The daytime primary service area is the area 
where the signal intensities are adequate for radiolocation purposes 
during the hours from sunrise to sunset from all stations in the 
radiolocation system of which the station in question is a part; that 
is, the primary service area of the station coincides with the primary 
service area of the system. The normal minimum geographical separation 
between stations of different licensees shall be at least 580 km. (360 
mi.) when the stations are operated on the same frequency or on 
different frequencies separated by less than 3 kHz. Where geographical 
separation of less than 580 km. (360 mi.) is desired under these 
circumstances it must be shown that the desired separation will result 
in protection ratio of at least 20 decibels throughout the daytime 
primary service area of other stations. Applications in this band are 
placed on public notice in accordance with Sec. 1.962 of this chapter. 
Where the number of applicants requesting authority to serve an

[[Page 321]]

area exceeds the number of frequencies available for assignment; or 
where it appears that fewer applicants or licensees than the number 
before it should be given authority to serve a particular area; or where 
it appears that an applicant, either directly or indirectly, seeks to 
use more than 25 kHz of the available spectrum space in this band, the 
applications may be designated for hearing.
    (8) Frequencies in this band may only be assigned to radiolocation 
stations which are also assigned frequencies in the 1605-1800 kHz band, 
provided the use of frequencies in this band is necessary for the proper 
functioning of the particular radiolocation system. Operations in this 
band are on a secondary basis to stations operating in accordance with 
the Commission's table of frequency allocations contained in Sec. 2.106 
of this chapter.
    (9) This band is allocated to the Radiolocation Service on a 
secondary basis to other fixed or mobile services and must accept any 
harmful interference that may be experienced from such services or from 
the industrial, scientific, and medical (ISM) equipment operating in 
accordance with part 18 of this chapter. In the 2483.5-2500 MHz band, no 
applications for new or modification to existing stations to increase 
the number of transmitters will be accepted. Existing licensees as of 
July 25, 1985, or on a subsequent date following as a result of 
submitting an application for license on or before July 25, 1985, are 
grandfathered and their operation is co-primary with the 
Radiodetermination Satellite Service.
    (10) Speed measuring devices will not be authorized in this band.
    (11) This frequency band is shared with and is on a secondary basis 
to the Maritime Radionavigation Stations (part 80) and to the Government 
Radiolocation Service.
    (12) This frequency is shared with and is on a secondary basis to 
the Government Radiolocation Service.
    (13) Operations in this band are limited to survey operations using 
transmitters with a peak power not to exceed 5 watts into the antenna.
    (14) This frequency band is shared with and is on a secondary basis 
to the Aeronautical Radionavigation Service (part 87) and to the 
Government Radiolocation Service.
    (15) The non-Government Radiolocation Service in this band is 
secondary to the Maritime Radionavigation Stations (part 80), the 
Aeronautical Radionavigation Service (part 87) and the Government 
Radiolocation Service.
    (16) This frequency band is shared with and is on a secondary basis 
to the Maritime Radionavigation Stations (part 80) and the Government 
Meteorological Aids Service.
    (17) Operation in this frequency band is on a secondary basis to 
airborne Doppler radars at 8800 MHz.
    (18) Radiolocation installations will be coordinated with the 
Government Meteorological Aids Service, and insofar as practicable, will 
be adjusted to meet the needs of that service.
    (19) Operations in this band are on a secondary basis to the Amateur 
Radio Service (part 97). Pulsed emissions are prohibited.
    (20) This band is restricted to radiolocation systems using type N0N 
emission with a power not to exceed 40 watts into the antenna.
    (21) Non-Government radiolocation stations in the band are secondary 
to the Government Radiolocation Service, the Amateur Radio Service and 
the Amateur-Satellite Service. Pulse-ranging radiolocation stations in 
this band may be authorized along the shorelines of Alaska and the 
contiguous 48 states. Radiolocation stations using spread spectrum 
techniques may be authorized in the band 420-435 MHz for operation 
within the contiguous 48 states and Alaska. Also, stations using spread 
spectrum techniques shall be limited to a maximum output power of 50 
watts, shall be subject to the applicable technical standards in 
Sec. 90.209 until such time as more definitive standards are adopted by 
the Commission and shall identify in accordance with Sec. 90.425(c)(3). 
Authorizations will be granted on a case-by-case basis; however, 
operations proposed to be located within the zones set forth in 
Sec. 90.177(e) should not expect to be accommodated.
    (22) For frequencies 2455, 10,525, and 24,125 MHz unmodulated 
continuous wave (NON) emission only shall be employed and a frequency 
stability of at least 0.2 percent shall be maintained.

[[Page 322]]

Such stations shall be exempt from the requirements of Secs. 90.403(c) 
and (f) and 90.429.
    (23) Devices designed to operate as field disturbance sensors on 
frequencies between 2450 and 2500 MHz with a field strength equal to or 
less than 50,000 microvolts per meter at 30 meters, on a fundamental 
frequency, will not be licensed or certificated for use under this part. 
Such equipment must comply with the requirements for field disturbance 
sensors as set forth in part 15 of this chapter.
    (24) Devices designed to operate as field disturbance sensors on 
frequencies between 10,500 and 10,550 MHz and between 24,050 and 24,250 
MHz, with field strength equal to or less than 250,000 microvolts per 
meter at 30 meters, on the fundamental frequency, will not be licensed 
or certificated for use under this part. Such equipment must comply with 
the requirements for field disturbance sensors as set forth in part 15 
of this chapter.
    (25) Station assignments on frequencies in this band will be made 
subject to the conditions that the maximum output power shall not exceed 
375 watts and the maximum authorized bandwidth shall not exceed 1.0 kHz.
    (26) Each frequency assignment in this band is on an exclusive basis 
within the primary service area to which assigned. The primary service 
area is the area where the signal intensities are adequate for 
radiolocation purposes from all stations in the radiolocation system of 
which the station in question is a part; that is, the primary service 
area of the station coincides with the primary service area of the 
system. The normal minimum geographical separation between stations of 
different licensees shall be at least 1931 km (1200 miles) when the 
stations are operated on the same frequency or on different frequencies 
separated by less than 1.0 kHz. Where geographical separation of less 
than 1931 km (1200 miles) is requested under these circumstances, it 
must be shown that the desired separation will result in a protection 
ratio of at least 20 decibels throughout the primary service area of 
other stations.
    (27) Notwithstanding the bandwidth limitations otherwise set forth 
in this section of the rules, wideband systems desiring to operate in 
this band may use such bandwidth as is necessary for proper operation of 
the system provided that the field strength does not exceed 120 
microvolts per meter per square root Hertz (120 uv/m/Hz\1/2\) at 1.6 km 
(1 mile). Such wideband operations shall be authorized on a secondary 
basis to stations operating within otherwise applicable technical 
standards. Applications for wideband systems in this band will be 
accepted beginning December 15, 1985.
    (28) Since the 1605-1705 kHz band has been reallocated for AM 
broadcasting, no new assignments in the 1605-1705 kHz portion of this 
band shall be made after September 30, 1985.
    (29) Beginning July 1, 1987, licensees of existing systems 
authorized frequencies in the 1605-1705 kHz portion of this band may 
request modification of their authorizations to change frequencies to 
the 1900-2000 kHz band.
    (30) Until July 1, 1988, this band will be available only for 
licensees of existing systems operating in the 1605-1705 kHz portion of 
the 1605-1715 kHz band requesting modification of their authorizations 
to change frequencies to this band and for licensees of wideband 
systems. On July 1, 1988, requests for new station authorizations in 
this band will be accepted and, if necessary, will be subject to the 
random selection procedures outlined in Sec. 1.972 of the Commission's 
Rules.
    (31) This frequency band is shared with and is on secondary basis to 
the Fixed-Satellite Service and to the Government's Radiolocation, Space 
Research and Earth Exploration-Satellite Services. After January 1, 
2000, the Government's Space Research and Earth Exploration-Satellite 
Services shall operate on a co-equal secondary basis with the non-
Government Radiolocation Service, except that grandfathered space 
stations in the Tracking and Data Relay Satellite System shall continue 
to be protected from harmful interference.
    (d) Other additional frequencies available. Radiolocation stations 
in this service may be authorized, on request, to use frequencies 
allocated exclusively to Federal Government stations, in those instances 
where the Commission

[[Page 323]]

finds, after consultation with the appropriate Government agency or 
agencies, that such assignment is necessary or required for coordination 
with Government activities.

[43 FR 54791, Nov. 22, 1978]

    Editorial Note: For Federal Register citations affecting 
Sec. 90.103, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

    Effective Date Note:  At 63 FR 36608, July 7, 1998, Sec. 90.103, 
paragraphs (c)(23) and (c)(24) were amended by removing the term ``type 
accepted'' and adding in its place ``certificated'', effective Oct. 5, 
1998.



               Subpart G--Applications and Authorizations



Sec. 90.111  Scope.

    This subpart contains the procedures and requirements for the 
submission or filing of applications for authority to operate radio 
facilities under this part. The procedures described as those utilized 
by the Commission after receiving filed applications.

[51 FR 14996, Apr. 22, 1986]



Sec. 90.113  Station authorization required.

    No radio transmitter shall be operated in the services governed by 
this part except under and in accordance with a proper authorization 
granted by the Commission.



Sec. 90.115  Foreign government and alien eligibility.

    (a) No station authorization in the radio services governed by this 
part shall be granted to or held by a foreign government or its 
representative.
    (b) No station authorization in the radio services governed by this 
part shall be granted to or held by an entity providing or seeking to 
provide commercial mobile radio services (except such entities meeting 
the requirements of Sec. 20.9(c) of this chapter) if such entity is:
    (1) An alien or the representative of any alien;
    (2) A corporation organized under the laws of any foreign 
government;
    (3) A 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;
    (4) A 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.

[59 FR 59957, Nov. 21, 1994, as amended at 61 FR 55581, Oct. 28, 1996]



Sec. 90.117  Applications for radio station or radio system authorizations.

    Persons desiring a radio station or radio system authorization must 
first submit the appropriate application(s). Prescribed application 
forms are listed in Sec. 90.119. The Forms may be obtained from the 
Washington, DC office of the Commission, its Gettysburg, PA office, or 
from any of its engineering field offices. (See Sec. 90.145 for 
information regarding special temporary authorizations.) Applicants for 
new stations comprising a land mobile radio system as defined in 
Sec. 90.7 of this part, or applicants modifying or renewing a station 
that is a part of a system, may file an application for a system 
authorization.

[47 FR 57051, Dec. 22, 1982]



Sec. 90.119  Application forms.

    The following application forms shall be used--
    (a) Form 600 shall be used to apply:
    (1) For new base, fixed, or mobile station authorizations governed 
by this part.
    (2) For system authorizations, where the system meets the 
requirements of Sec. 90.117.
    (i) Application for a radio system may be submitted on a single Form 
600.
    (ii) If the control station(s) will operate on the same frequency as 
the mobile station, and if the height of the control station(s) 
antenna(s) will not exceed 6.1 meters (20 feet) above ground or an 
existing man-made structure (other than an antenna structure),

[[Page 324]]

there is no limit on the number of such stations which may be 
authorized. Appropriate items on Form 600 shall be completed showing the 
frequency, the station class, the total number of control stations, the 
emission, and the output power of the highest powered control station. 
Applicants for all control stations in the 470-512 MHz band must furnish 
the information requested in the relevant items in Form 600.
    (3) For modification or for modification and renewal of an existing 
authorization. See Sec. 90.135.
    (4) For the Commission's consent to the assignment of an 
authorization to another person or entity, except for authorization to 
provide commercial mobile radio service. In addition, the application 
shall be accompanied by a letter from the assignor setting forth his or 
her desire to assign all right, title, and interest in and to such 
authorization, stating the call sign and location of the station, and 
stating that the assignor will submit his or her current station 
authorization for cancellation upon completion of the assignment. Form 
1046 may be used in lieu of this letter.
    (5) For reinstatement of an expired license. See also paragraphs 
(b)(1) and (e) of this section.
    (b) Form 405-A shall be used to:
    (1) Apply for license reinstatement or renewal if the reinstatement 
or renewal does not involve the modification of the station or system 
license.
    (2) Notify the Commission of a change in the licensee's name or 
mailing address that occurs during the license term. See Sec. 90.135(b).
    (3) Notify the Commission that the licensee has discontinued station 
operation and wishes to cancel the license. See Sec. 90.157.
    (c) Form 490 shall be used whenever it is proposed that a licensee 
for a commercial mobile radio service in this part change, as by 
transfer of stock ownership, the control of a corporate licensee or for 
the Commission's consent to an assignment of an authorization to another 
person or entity.
    (d) Form 572, Temporary Permit to Operate a Part 90 Radio Station, 
should be properly executed if the applicant is eligible and desires to 
operate his or her station pending the processing of his or her formal 
application. See also Secs. 90.159, and 90.657.
    (e) Form 574-R shall be used to apply for renewal of an existing 
authorization and may be used to apply for reinstatement of an expired 
license, if the renewal or reinstatement does not involve the 
modification of the station or system license. (Form 574-R is generated 
by the Commission and mailed to the licensee prior to the expiration of 
the license term.)

[59 FR 59957, Nov. 21, 1994]



Sec. 90.121  Canadian registration.

    Form 410 shall be filed by Canadian licensees desiring to operate in 
the United States under the terms of Article 2 and 3 of the Convention 
between the United States and Canada concerning operation of Certain 
Radio Equipment or Stations (which entered into force May 15, 1952). 
This form may be obtained from the Department of Communications, Ottawa, 
Canada. That department should also be consulted by U.S. licensees 
desiring to operate in Canada.



Sec. 90.123  Full disclosures.

    (a) Each application shall contain full and complete disclosures 
with regard to the real party or parties in interest and as to all 
matters required to be disclosed by the application forms.
    (b) Each application shall be clear and complete in itself without 
cross reference to information previously filed. An application for 
modification of an existing station must show in precise detail all 
particulars of the desired operation, including those not affected by 
the modification.
    (c) Each application for digital voice emission shall only be made 
with the understanding that the applicant is responsible to disclose 
current encoding information to an FCC official at any time after 
station authorization. Disclosure shall be only upon request of the FCC 
official, and only for enforcement purposes. All authorizations for 
digital voice systems are issued subject to this requirement.

[43 FR 54791, Nov. 22, 1978, as amended at 47 FR 15340, Apr. 9, 1982]

[[Page 325]]



Sec. 90.125  Who may sign applications.

    See part 1 of this chapter, Sec. 1.913, for practices and procedures 
governing signatures on license applications.

[58 FR 21407, Apr. 21, 1993]



Sec. 90.127  Submission and filing of applications.

    (a) All applications for private land mobile licenses that require 
both frequency coordination and fees as set forth at part 1, subpart G 
of this chapter shall first be sent to a certified coordinator for the 
radio pool concerned as specified in Secs. 90.20(c)(2) and 90.35(b)(2). 
After the appropriate coordination and attachment of the statutory fee, 
such applications shall be forwarded to the appropriate address in 
accordance with Sec. 0.401(b) of the rules. A list of the certified 
frequency coordinators may be obtained from the Federal Communications 
Commission, Gettysburg, PA 17326.
    (1) All applications for private land mobile licenses that require 
frequency coordination but not a fee shall be sent to a certified 
coordinator for the radio pool concerned as specified in 
Secs. 90.20(c)(2) and 90.35(b)(2). After the appropriate coordination, 
such applications shall be forwarded to the Federal Communications 
Commission, Gettysburg, PA 17326.
    (2) All applications for private land mobile licenses that require a 
fee but not frequency coordination shall be sent to the appropriate 
address in accordance with Sec. 0.401(b) of the rules.
    (3) All applications for private land mobile licenses that do not 
require either frequency coordination or a fee shall be sent to the 
Federal Communications Commission, Gettysburg, PA 17326.
    (b) Unless otherwise specified, an application should be filed at 
least 60 days prior to the desired date of Commission action. 
Applications for renewal should be filed no more than 90 days nor less 
than 30 days prior to the end of the license term. When timely and 
sufficient application for renewal of the license has been made, the 
license shall not expire until Commission action on the application has 
been completed. Application for license reinstatement must be filed no 
later than thirty (30) days after the expiration date of the license. 
See Sec. 1.4 of this chapter.
    (c) Each application shall limit its request for authorized mobile 
transmitters and paging receivers to:
    (1) Mobile transmitters and paging receivers that will be installed 
and operated immediately after authorization issuance.
    (2) Mobile transmitters and paging receivers for which purchase 
orders have already been signed and which will be in use within eight 
months of the authorization date.
    (d) Failure on the part of the applicant to provide all information 
required by the application form or to supply the necessary exhibits or 
supplementary statements may constitute a defect in the application.
    (e) All applications for modification of license and renewal of 
license must include the number of mobile transmitters and paging 
receivers in use on the licensed facilities.

[43 FR 54791, Nov. 22, 1978, as amended at 43 FR 59071, Dec. 19, 1978; 
44 FR 27995, May 14, 1979; 47 FR 41044, Sept. 16, 1982; 51 FR 14996, 
Apr. 22, 1986; 52 FR 10231, Mar. 31, 1987; 54 FR 39739, Sept. 28, 1989; 
56 FR 65858, Dec. 19, 1991; 57 FR 48739, Oct. 28, 1992; 62 FR 18924, 
Apr. 17, 1997]



Sec. 90.129  Supplemental information to be routinely submitted with applications.

    Each application received by the Commission must be accompanied by 
the applicable information listed below:
    (a) Evidence of frequency coordination as required by Sec. 90.175.
    (b) Description of any equipment proposed to be used if it is not 
approved for use under this part.
    (c) A functional system diagram and a detailed description of the 
manner in which the interrelated stations will operate, if the station 
is part of a system involving two or more stations at different fixed 
locations.
    (d) Applicants proposing to share their authorized transmitters 
pursuant to Sec. 90.179 shall so indicate in their application.
    (e) Applicants proposing to construct a radio station in the 
vicinity of radio astronomy observatories in West Virginia; on the 
islands of Puerto Rico,

[[Page 326]]

Desecheo, Mona, Vieques, and Culebra; or in the vicinity of a radio 
receiving zone in Colorado must submit the statements prescribed by 
Sec. 90.177.
    (f) Statements required in connection with developmental operation, 
as specified in Sec. 90.505.
    (g) The environmental assessment required by Secs. 1.1307 and 1.1311 
of the rules, if applicable.
    (h) Requests for authorization to communicate with foreign stations 
in accordance with Sec. 90.20(b) or Sec. 90.417;
    (i) Showings required in connection with the use of frequencies as 
specified in subppart S.
    (j) Any other statements or other data specifically required under 
special circumstances which are set forth in the applicable subpart of 
this part, by the particular form on which the application is filed or 
upon request by the Commission.
    (k) If the applicant proposes to use a multiple-licensed 
transmitter, he must provide the name of the owner and the names and 
call signs of any other licensees of that transmitter.
    (l) Applicants for new land stations to be interconnected with the 
public switched telephone network must indicate on their applications 
that their stations will be interconnected.
    (m) Applicants requesting licenses to operate on frequencies 
pursuant to Sec. 90.20(d)(6) must submit disaster communications plans 
containing the following information:
    (1) A system network/system use diagram including a showing of 
emergency power and methods of deployment to all parts of the State or 
insular area;
    (2) A designation of the responsible governmental authority within 
the State or insular area who will be the controlling agency for the 
licensee;
    (3) A schedule of proposed drills and/or exercises by the 
participants;
    (4) The number of frequencies in each band, and the type of emission 
required by the applicant;
    (5) The distances expected to be covered within that State or 
insular area;
    (6) The adjacent states and insular areas expected to be 
communicated with during a regional disaster or emergency;
    (7) The point of contact for emergencies involving more than one 
State or insular area;
    (8) The common frequency band(s) and number of frequencies in each 
band required for interstate communication, and the point(s) of contact 
for these adjacent States or insular areas;
    (9) The format and emission parameters of radio teletype 
transmissions to be used for interstate communications.
    (n) All applications for renewal of base/mobile station licenses by 
licensees who also operate wildlife tracking telemetry transmitters, as 
described in Sec. 90.20(f)(7), must include a statement detailing the 
number of units in service, by frequency, on Public Safety Pool 
frequencies at the time the renewal application is filed.
    (o) Applicants requesting licenses to operate on frequencies 
pursuant to Sec. 90.35(c)(1) must submit communications plans containing 
the following information:
    (1) A description of the communication requirement sufficient to 
demonstrate that no alternative to the link is appropriate and that 
there is no reasonable way to abbreviate the link;
    (2) The frequency bands and the number of frequencies necessary for 
the link(s);
    (3) The name and phone number of the person(s) responsible for 
ceasing operations of the licensee's stations in the event of 
interference; and,
    (4) Where the link(s) provides a standby backup circuit for another 
communications circuit, a brief description of the supported circuit and 
its vulnerability to disruption.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 
154, 303, 307)

[43 FR 54791, Nov. 22, 1978]

    Editorial Note: For Federal Register citations affecting 
Sec. 90.129, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.

    Effective Date Note:  At 63 FR 36608, July 7, 1998, Sec. 90.129 was 
amended by revising paragraph (b), effective Oct. 5, 1998. For the 
convenience of the user, the superseded text is set forth as follows:

Sec. 90.129  Supplemental information to be routinely submitted with 
          applications.

                                * * * * *

[[Page 327]]

    (b) Description of any equipment proposed to be used if it does not 
appear on the Commission's current Radio Equipment List, Equipment 
Acceptable for Licensing, and designated for use under this part.

                                * * * * *



Sec. 90.131  Amendment or dismissal of applications.

    This rule governs all applications relating to radio services in 
this part, including applications filed by entities meeting the 
requirements of Sec. 20.9(c) of this chapter, except applications 
concerning facilities used to provide commercial mobile radio services, 
which are governed by Sec. 90.161.
    (a) Any application, except for mutually exclusive applications or 
those against which a petition to deny has been filed, may be amended as 
a matter of right at any time prior to the time the application is 
granted or designated for hearing. Each amendment to an application 
shall be signed and submitted in the same manner as required for the 
original application. The procedures for amending applications mutually 
exclusive under this part, applications against which a petition to deny 
has been filed, and applications designated for hearing are set forth in 
Sec. 1.918.
    (b) Any application may, upon written request signed by the 
applicant or his attorney, be dismissed without prejudice as a matter of 
right prior to the time the application is granted or designated for 
hearing.

[43 FR 54791, Nov. 22, 1978, as amended at 59 FR 59958, Nov. 21, 1994]



Sec. 90.135  Modification of license.

    (a) The following changes in authorized stations require an 
application for modification of license:
    (1) Change in frequency.
    (2) Change in the type of emission, except under the conditions 
specified in paragraph (b)(5) of this section.
    (3) Change in power from that authorized.
    (4) Change in antenna height from that authorized.
    (5) Change in the authorized location or number of base stations, 
fixed, control or, for systems operating on non-exclusive assignments in 
the 470-512 MHz, 800 MHz or 900 MHz bands, a change in the number of 
mobile transmitters, or a change in the area of mobile operations from 
that authorized.
    (6) Change in the class of a land station, including changing from 
multiple licensed to cooperative use, and from shared to unshared use.
    (7) Any change in ownership, control, or corporate structure.
    (b) The following changes in authorized stations do not require an 
application for modification of license.
    (1) Change in mailing address of licensee.
    (2) Change of name only of licensee, without changes in ownership, 
control, or corporate structure.
    (3) Change in the number and location of station control points or 
of control stations operating below 470 or above 800 MHz meeting the 
requirements of Sec. 90.119(a)(2)(ii).
    (4) Change in the number of mobile units operated by Radiolocation 
Service licensees.
    (5) Change in the type of emission when:
    (i) Operation is in the 150-174 MHz or 421-512 MHz bands; and
    (ii) The modification will be for a narrower emission than specified 
in the current authorization.
    (6) Any other changes not listed in paragraph (a) of this section.
    (c) Unless specifically exempted in Sec. 90.175, requests for 
modifications listed in paragraph (a) of this section must be submitted 
on Form 600 to the applicable frequency coordinator.
    (d) In case of a change listed in paragraphs (b)(1), (b)(2), or 
(b)(5) of this section, the licensee must notify the Commission 
immediately. Notification may be by Form 405-A or by letter. The letter 
must contain the name and address of the licensee as they appear in the 
Commission's records, the new name or address, the call signs and 
classes of all radio stations authorized to the licensee under this part 
and the radio service in which each station is authorized. The completed 
and signed Form 405-A or the letter must be sent to: Federal 
Communication Commission, Gettysburg, PA 17326. Licensees whose licenses 
are due for renewal and who have received the renewal Form 574-R in the 
mail from the Commission must

[[Page 328]]

use the appropriate boxes on that form to notify the Commission of a 
change listed in paragraphs (b)(1), (b)(2), or (b)(5) of this section.
    (e) In the case of a change listed in paragraphs (b)(3), (b)(4), and 
(b)(6) of this section, the licensee must notify the Commission within 
30 days of the change. The notice may be filed on FCC Form 574 or may be 
contained in a letter specifying the nature of the change, the name and 
address of the licensee as appearing on Commission records, and the call 
sign, class, and radio service of the station. The notice must be sent 
to: Federal Communications Commission, Gettysburg, PA 17326.
    (f) Any change that requires a fee as set forth at part 1, subppart 
G of this chapter must be filed in accordance with Sec. 1.912 (b) or 
Sec. 1.912 (b)(2) of the rules.

[51 FR 14997, Apr. 22, 1986, as amended at 51 FR 36014, Oct. 8, 1986; 52 
FR 10232, Mar. 31, 1987; 54 FR 38680, Sept. 20, 1989; 57 FR 48739, Oct. 
28, 1992; 59 FR 59958, Nov. 21, 1994; 62 FR 2038, Jan. 15, 1997]



Sec. 90.137  Applications for operation at temporary locations.

    (a) An application for authority to operate a base or a fixed 
transmitter at temporary locations shall be filed in accordance with the 
following:
    (1) When one or more individual transmitters are to be operated by a 
licensee as a base station or as a fixed station at unspecified or 
temporary locations for indeterminate periods, such transmitters may be 
considered to comprise a single station intended to be operated at 
temporary locations.
    (2) The application must specify the general geographic area within 
which the operation will be confined. The area may be specified as a 
city, a county or counties, a state or states or other definable 
geographic area such as a specified radius around a particular city or 
known geographic site.
    (3) Applications for operation at temporary locations exceeding 180 
days must be accompanied by evidence of frequency coordination, except 
that applications for operation at temporary locations exceeding 180 
days by applicants using 220-222 MHz spectrum for geophysical telemetry 
operations need not be accompanied by evidence of frequency 
coordination.
    (b) When any unit or units of a base station or fixed station which 
are authorized for operation at temporary locations actually remain or 
are intended to remain at the same location for more than 1 year, an 
application for a separate authorization specifying the fixed location 
shall be made as soon as possible, but not later than 30 days after the 
expiration of the 1-year period.

[43 FR 54791, Nov. 22, 1978, as amended at 45 FR 63862, Sept. 26, 1980; 
51 FR 14997, Apr. 22, 1986; 58 FR 44956, Aug. 25, 1993; 62 FR 15992, 
Apr. 3, 1997]



Sec. 90.138  Applications for itinerant frequencies.

    An application for authority to conduct an itinerant operation in 
the Industrial/Business Pool must be restricted to use of itinerant 
frequencies or other frequencies not designated for permanent use and 
need not be accompanied by evidence of frequency coordination. Users 
should be aware, however, that no protection is provided from 
interference from other itinerant operations.

[62 FR 18924, Apr. 17, 1997]



Sec. 90.139  Commission processing of applications.

    (a) Applications received for filing are given a file number. The 
assignment of a file number to an application is for administrative 
convenience and does not indicate the acceptance of the application for 
filing and processing.
    (b) Applications which are incomplete with respect to answers, 
supplementary statements, execution, or other matters of a formal 
character shall be deemed defective and may be dismissed. In addition, 
if an applicant is requested to file any additional documents or 
information not included in the prescribed application form, failure to 
comply with such request will render the application defective and it 
may be dismissed. Applications will also be deemed to be defective and 
be dismissed in the following cases:
    (1) Statutory disqualification of applicant;
    (2) Proposed use or purpose of station would be unlawful;

[[Page 329]]

    (3) Requested frequency is not allocated for assignment for the 
service proposed.
    (c) Applications which are not in accordance with the provisions of 
this chapter, or other requirements of the Commission, will be 
considered defective and may be dismissed unless accompanied by a 
request in accordance with Sec. 90.151 of this part.

[43 FR 54791, Nov. 22, 1978, as amended at 51 FR 14997, Apr. 22, 1986]



Sec. 90.141  Resubmitted applications.

    Any application received by the Commission for frequencies below 470 
MHz which has been returned by the Commission to the applicant for 
correction will be processed in its original position in the processing 
line if it is resubmitted and received by the Commission within 60 days 
from the date on which it was returned to the applicant. Otherwise it 
will be treated as a new application for the purpose of processing 
considerations. An application received by the Commission for 
frequencies above 470 MHz which has been returned by the Commission to 
the applicant will be processed in its original position in the 
processing line if it is resubmitted and received by the Commission 
within 30 days (45 days outside the continental United States) from the 
date on which it was returned to the applicant. Otherwise it will be 
treated as a new application for the purpose of processing 
considerations.

[51 FR 14997, Apr. 22, 1986]



Sec. 90.143  Grants of applications.

    (a) The Commission will grant an application for a station 
authorization without a hearing if it is in proper form, and conforms 
with all rule requirements, and would serve the public interest, 
convenience or necessity.
    (b) All applications in pending status will be processed in the 
order in which the application acceptable for filing was received by the 
Commission; provided, however, that if there are more applications than 
can be accommodated on available frequencies, the Commission may grant 
the applications pursuant to the system of random selection prescribed 
in Sec. 1.972 of this chapter.
    (c) The Commission may grant any application in part, or add 
privileges, terms or conditions not requested. When such action is taken 
without a hearing, the applicant may accept the authorization as 
granted, or may return it to the Commission along with a written request 
for a hearing. Any such request for hearing must be made within 30 days 
from the date of the grant, or from its effective date, if a later date 
is specified. Upon receipt of a request for hearing, the Commission will 
vacate the grant and designate the application for hearing in the usual 
manner.

[43 FR 54791, Nov. 22, 1978, as amended at 48 FR 27207, June 13, 1983]



Sec. 90.145  Special temporary authority.

    (a) In circumstances requiring the temporary use of radio 
facilities, the Commission may issue special temporary authority for new 
or modified operations. A request for special temporary authority may be 
made in letter form signed in accordance with Sec. 90.125 of this part. 
It should be submitted, in duplicate, at least 10 days prior to the date 
of the proposed operation. However, in cases of emergency involving 
danger to life or property, or due to damage to equipment, the request 
may be made by telephone, telegraph or facsimile transmission under the 
condition that a letter request is submitted within the following 10 
days. All requests for special temporary authority shall be clear and 
complete within themselves and shall not rely on any pending 
application.
    (b) Every request for special temporary authority should contain the 
following information:
    (1) Name and address of the applicant;
    (2) Need for special action, including a description of any 
emergency or damage of equipment;
    (3) Type of operation to be conducted (such as field test, 
dispatching etc.);
    (4) Purpose of operation;
    (5) Times and dates of operation;
    (6) Class of station and name of radio service or radio pool;
    (7) Location, including geographical coordinates if known, of 
transmitter and/or mobile area of operations;

[[Page 330]]

    (8) Number of fixed transmitters and number of mobile units;
    (9) Operating frequency;
    (10) Output power of the transmitter;
    (11) Type of emission;
    (12) Description of antenna, including height above ground and power 
gain;
    (13) Statement of eligibility for a radio service or radio pool 
under this part.
    (c) Requests for special temporary authority to operate as a private 
mobile radio service provider for periods exceeding 180 days require 
evidence of frequency coordination. Requests for shorter periods do not 
require coordination and, if granted will be authorized on a secondary, 
non-interference basis.
    (d) A request for special temporary authority to operate a 
commercial mobile radio facility under this part may be granted without 
being listed in a Public Notice, or prior to thirty (30) days after such 
listing, if:
    (1) The STA is to be valid for thirty (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 sixty (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.
    (e) The Commission may grant STAs to operate a commercial mobile 
radio facility for a period not to exceed one hundred eighty (180) days 
under the provisions of Section 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 Commission may grant extensions for an additional period of up to 
one hundred eighty (180) days, but the applicant must show that 
extraordinary circumstances warrant such an extension.

[43 FR 54791, Nov. 22, 1978, as amended at 48 FR 11717, Mar. 21, 1983; 
51 FR 14997, Apr. 22, 1986; 59 FR 59958, Nov. 21, 1994; 62 FR 18924, 
Apr. 17, 1997]



Sec. 90.147  Mailing address furnished by licensee.

    Each application shall set forth and each licensee shall furnish the 
Commission with an address in the United States to be used by the 
Commission in serving documents or directing correspondence to that 
licensee. Unless any licensee advises the Commission to the contrary, 
the address contained in the licensee's most recent application will be 
used by the Commission for this purpose.



Sec. 90.149  License term.

    (a) Licenses for stations authorized under this part will be issued 
for a term not to exceed five (5) years from the date of the original 
issuance, modification, or renewal, except that the license term for 
stations licensed as commercial mobile radio service on 220-222 MHz, 
929-930 MHz paging, Industrial/Business Pool, and SMR frequencies shall 
be ten (10) years. Licensees shall have an additional thirty (30) days 
after the expiration of the license term to apply for reinstatement of 
expired licenses.
    (b) If no application for reinstatement has been filed as specified 
in this part, the authorization shall be deemed to have been 
automatically cancelled on the date specified on the authorization.
    (c) Authorizations for stations engaged in developmental operation 
under subppart Q of this part will be issued upon a temporary basis for 
a specific period of time, but in no event to extend beyond 1 year from 
date of original issuance, modification or renewal.
    (d) Nationwide authorizations under subpart T of this part will be 
issued for a term not to exceed ten years from the date of the original 
issuance, modification or renewal.

[43 FR 54791, Nov. 22, 1978, as amended at 49 FR 36376, Sept. 17, 1984; 
56 FR 19602, Apr. 29, 1991; 56 FR 65858, Dec. 19, 1991; 59 FR 59958, 
Nov. 21, 1994; 62 FR 18924, Apr. 17, 1997]

[[Page 331]]



Sec. 90.151  Requests for waiver.

    (a) Requests for waiver of the rules in this part shall state the 
nature of the waiver or exception desired, and set forth reasons in 
support thereof including a showing that unique circumstances are 
involved and that there is no reasonable alternative solution within 
existing rules. When related to a specific application the submission 
and filing procedures of Sec. 90.127 also apply.
    (b) Applications may be dismissed if the accompanying petition for 
waiver of the rules does not set forth reasons which, sufficient if 
true, would justify a waiver or exception.
    (c) Applicants requiring expeditious processing of their request for 
waiver, shall, pursuant to Sec. 1.931 of this chapter, clearly caption 
both their request for waiver and the envelope containing it with the 
words ``WAIVER--TIMELY ACTION REQUESTED.''
    (d) Requests for waiver of the rules not related to a specific 
application shall be submitted to the Federal Communications Commission, 
Gettysburg, PA 17326. (Waiver requests associated with and attached to 
specific applications that require a fee as set forth at part 1, 
subppart G of this chapter must be filed in accordance with 
Sec. 0.401(b) of the rules. See also Sec. 0.482 of the rules.)

(Sec. 4(i), Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
and the authority delegated to the Managing Director by Sec. 0.231 of 
the Commission's Rules, 47 CFR 0.231)

[49 FR 20292, May 14, 1984, as amended at 51 FR 14997, Apr. 22, 1986; 52 
FR 10232, Mar. 11, 1987]



Sec. 90.153  Transfer or assignment of station authorization.

    A station authorization and the rights it grants shall not be 
transferred, assigned, or in any manner disposed of to any person, 
unless the Commission shall, after obtaining full information, decide 
that the transfer, assignment, or disposal is in the public interest, 
convenience or neccessity and give its consent in writing. 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). 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 of a commercial 
mobile radio license under this part must file an application for 
approval of assignment or transfer of control (Commission Form 490). In 
the case of involuntary assignment, such application must be filed no 
later than thirty (30) days after the event causing the assignment. The 
assignee or transferee must file a report qualifying it as a commercial 
mobile radio provider (Commission Form 430) unless a current report is 
already on file with the Commission.
    (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 in the

[[Page 332]]

letter. Licensees must concurrently update ownership information on 
their FCC Form 430, if necessary.
    (b) Notification of completion. Assignments and transfers of control 
of commercial mobile radio licenses must be completed within sixty (60) 
days of Commission approval, except those licensees subject to the 
streamlined procedures of paragraph (a)(1) of this section. The assignee 
or transferee must notify the Commission 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 Commission by letter, and the assignee or 
transferee must submit the authorization(s) to the Commission 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 commercial mobile radio 
station is assigned to another party, voluntarily or involuntarily, such 
action is a partial assignment of authorization.
    (1) To request Commission 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 Commission (Commission Form 600) of 
the facilities to be deleted from its authorization upon completion of 
the assignment.
    (ii) The assignee must apply for authority (Commission 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 sixty (60) days of 
Commission approval. If an approved partial assignment is not completed 
within this time, the assignor must notify the Commission (Commission 
Form 600), and the assignee must submit the authorization(s) to the 
Commission 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 Commission may deny applications for assignment 
of authorization or consent to transfer of control of a commercial 
mobile radio license if:
    (1) The Commission is unable to make the public interest 
determinations required under the Communications Act with respect to 
both parties to the assignment or transfer; or
    (2) The authorization was obtained for the principal purpose of 
speculation or profitable resale, rather than provision of commercial 
mobile radio services to the public.

[43 FR 54791, Nov. 22, 1978, as amended at 59 FR 9101, Feb. 25, 1994; 59 
FR 59958, Nov. 21, 1994; 63 FR 10345, Mar. 3, 1998]



Sec. 90.155  Time in which station must be placed in operation.

    (a) All stations authorized under this part, except as provided in 
paragraphs (b) and (d) of this section and in Secs. 90.629, 90.631(f), 
90.665, and 90.685, must be placed in operation within eight (8) months 
from the date of grant or the authorization cancels automatically and 
must be returned to the Commission.
    (b) For local government entities only, a period longer than eight 
months for placing a station in operation may be authorized by the 
Commission on a case-by-case basis, where the applicant submits a 
specific schedule for the completion of each portion of the entire 
system, along with a showing that the system has been approved and 
funded for implementation in accordance with that schedule. See also 
Secs. 90.631 and 90.633.
    (c) For purposes of this section, a base station is not considered 
to be placed in operation unless at least one associated mobile station 
is also placed in operation. See also Secs. 90.633(d) and 90.631(f).
    (d) Multilateration LMS EA-licensees, authorized in accordance with

[[Page 333]]

Sec. 90.353, must construct and place in operation a sufficient number 
of base stations that utilize multilateration technology (see paragraph 
(e) of this section) to provide multilateration location service to one-
third of the EA's population within five years of initial license grant, 
and two-thirds of the population within ten years. In demonstrating 
compliance with the construction and coverage requirements, the 
Commission will allow licensees to individually determine an appropriate 
field strength for reliable service, taking into account the 
technologies employed in their system design and other relevant 
technical factors. At the five and ten year benchmarks, licensees will 
be required to file a map and other supporting documentation showing 
compliance with the coverage requirements.
    (e) A multilateration LMS station will be considered constructed and 
placed in operation if it is built in accordance with its authorized 
parameters and is regularly interacting with one or more other stations 
to provide location service, using multilateration technology, to one or 
more mobile units. Specifically, LMS multilateration stations will only 
be considered constructed and placed in operation if they are part of a 
system that can interrogate a mobile, receive the response at 3 or more 
sites, compute the location from the time of arrival of the responses 
and transmit the location either back to the mobile or to a subscriber's 
fixed site.

[45 FR 81208, Dec. 10, 1980, as amended at 47 FR 41044, Sept. 16, 1982; 
48 FR 51927, Nov. 15, 1983; 54 FR 4030, Jan. 27, 1989; 56 FR 65859, Dec. 
19, 1991; 60 FR 15252, Mar. 23, 1995; 61 FR 6155, Feb. 16, 1996; 62 FR 
52044, Oct. 6, 1997; 63 FR 40663, July 30, 1998]



Sec. 90.157  Discontinuance of station operation.

    (a) The license for a station shall cancel automatically upon 
permanent discontinuance of operations and the licensee shall forward 
the station license to the Commission. Alternatively, the licensee may 
notify the Commission of the discontinuance of operations of a station 
by checking the appropriate box on Form 574-R or Form 405-A and 
requesting license cancellation. Notification of discontinued operation 
or cancellation shall be sent to: Federal Communications Commission, 
Gettysburg, PA 17326.
    (b) For the purposes of this section, any station which has not 
operated for 1 year or more is considered to have been permanently 
discontinued.

[48 FR 36106, Aug. 9, 1983, as amended at 54 FR 38680, Sept. 20, 1989; 
56 FR 65859, Dec. 19, 1991]



Sec. 90.159  Temporary and conditional permits.

    (a) An applicant for a license under this part (other than a 
commercial mobile radio license) utilizing an already licensed facility 
may operate the radio station(s) for a period of up to one hundred 
eighty (180) days under a temporary permit evidenced by a properly 
executed temporary license certificate (Form 572) after submitting or 
filing a formal application for station license in accordance with 
Sec. 90.127, provided that all the antennas employed by control stations 
are 6.1 meters (20 feet) or less above ground or 6.1 meters (20 feet) or 
less above a man-made structure other than an antenna tower to which it 
is affixed. When required by Sec. 90.175, applications must be 
accompanied by evidence of frequency coordination. The temporary 
operation of stations, other than mobile stations within the Canadian 
coordination zone is limited to stations with a maximum of 5 watts 
effective radiated power and a maximum antenna height of 6.1 meters (20 
ft) above average terrain.
    (b) An applicant proposing to operate a new land mobile radio 
station or modify an existing station below 470 MHz or in the one-way 
paging 929-930 MHz band (other than a commercial mobile radio service 
applicant or licensee on these bands) that is required to submit a 
frequency recommendation pursuant to paragraphs (b) through (h) of 
Sec. 90.175 may operate the proposed station during the pendency of its 
application for a period of up to one hundred eighty (180) days under a 
conditional permit upon the filing of a properly completed formal 
application that complies with Sec. 90.127 if the application is 
accompanied by evidence of frequency coordination in accordance

[[Page 334]]

with Sec. 90.175 and provided that the following conditions are 
satisfied:
    (1) For applicants proposing to operate below 470 MHz, that the 
proposed station location is south of Line A or west of Line C as 
defined in Sec. 90.7; for applicants in the one-way paging 929-930 MHz 
band, that the proposed station location is west of Line C as defined in 
Sec. 90.7.
    (2) The proposed antenna structure has been previously studied by 
the Federal Aviation Administration and determined to pose no hazard to 
aviation safety as required by Sec. 17.4 of the Commission's Rules; or 
the proposed antenna or tower structure does not exceed 6.1 meters (20 
feet) above ground level or above an existing man-made structure (other 
than an antenna structure), if the antenna or tower has not been 
previously studied by the Federal Aviation Administration and cleared by 
the FCC.
    (3) The grant of the application does not require a waiver of the 
Commission's Rules.
    (4) The applicant has determined that the proposed facility will not 
significantly affect the environment as defined in Sec. 1.1307.
    (5) The applicant has determined that the proposed station affords 
the level of protection to radio ``quiet'' zones and monitoring 
facilities as specified in Sec. 90.177.
    (6) The applicant has submitted an application to the Commission 
stating the frequency the applicant intends to use and that the 
frequency coordination requirements specified in Sec. 90.175 for 
selection and use of this frequency have been met and a minimum of ten 
business days has passed between submission of the application to the 
Commission and the onset of operation.
    (c) An applicant proposing to operate an itinerant station or an 
applicant seeking the assignment of authorization or transfer of control 
of a license for an existing station below 470 MHz or in the 929-930 MHz 
band (other than a commercial mobile radio service applicant or licensee 
on these bands) may operate the proposed station during the pendency of 
the application for a period not to exceed one hundred eighty (180) days 
under a conditional permit upon the filing of a properly completed 
formal application that complies with Sec. 90.127. Conditional authority 
ceases immediately if the application is returned by the Commission 
because it is not acceptable for filing. All other categories of 
applications listed in Sec. 90.175(i) that do not require evidence of 
frequency coordination are excluded from the provisions of this section.
    (d) A conditional authorization pursuant to paragraphs (b) and (c) 
of this section is evidenced by retaining the original executed 
conditional licensing 572C Certification Form with the station records. 
Conditional authorization does not prejudice any action the Commission 
may take on the subject application. Conditional authority is accepted 
with the express understanding that such authority may be modified or 
cancelled by the Commission at any time without hearing if, in the 
Commission's discretion, the need for such action arises. Consistent 
with Sec. 90.175(g), the applicant assumes all risks associated with 
operation under conditional authority, the termination or modification 
of conditional authority, or the subsequent dismissal or denial of its 
application. Authority reverts back to the original licensee if an 
assignee or transferee's conditional authority is cancelled.
    (e) The transmissions of new stations operating pursuant to 
conditional authority shall be identified by a temporary call sign 
consisting of the prefix ``WT'' followed by the applicant's local seven 
digit business telephone number as provided in Sec. 2.302. Transmissions 
by applicants for the modification, assignment of authorization or 
transfer of control of an existing station shall be identified by the 
station's call sign.

[51 FR 14997, Apr. 22, 1986, as amended at 54 FR 50239, Dec. 5, 1989; 58 
FR 44956, Aug. 25, 1993; 58 FR 62291, Nov. 26, 1993; 59 FR 59959, Nov. 
21, 1994; 62 FR 18924, Apr. 17, 1997]

  Special Rules Governing Facilities Used To Provide Commercial Mobile 
                             Radio Services

    Source: 59 FR 59959, Nov. 21, 1994, unless otherwise noted.
    Note: The following rules (Secs. 90.160 through 90.169) govern 
applications, licensing, and operation of radio facilities in the 220-
222 MHz (subpart T), Business Radio (Subpart D), 929-930 MHz Paging 
(subpart P), and Specialized

[[Page 335]]

Mobile Radio (Subpart S) services that are used to provide commercial 
mobile radio services (see Secs. 20.3 and 20.9 of this chapter). 
Compliance with the rules relating to applications and licensing of 
facilities on paging-only channels in the Business Radio Service (see 
Sec. 90.75(c)(10)) and 929-930 MHz paging channels (see 
Sec. 90.494(a),(b)) is not required prior to August 10, 1996. Compliance 
with Sec.  90.168 is also not required prior to August 10, 1996 for 
reclassified commercial mobile radio service providers who are to be 
regulated as private carriers until August 10, 1996 as provided in the 
Second Report and Order in GN Docket No. 93-252, 9 FCC Rcd 2348 (1994), 
paras. 280-284. The licensing and operation of radio facilities in the 
220-222 MHz (Subpart T), Business Radio (Subpart D), 929-930 MHz Paging 
(Subpart P), and Specialized Mobile Radio (Subpart S) services that are 
used to provide commercial mobile radio services are also subject to 
rules elsewhere in this part that apply generally to Private Land Mobile 
Radio Services. In the case of any conflict between rules set forth in 
Secs. 90.160 through 90.169 and other rules in this part, Secs. 90.160 
through 90.169 apply.



Sec. 90.160  Public notice.

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



Sec. 90.161  Amendment or dismissal of applications.

    (a) Amendment. Pending applications concerning facilities for 
providing commercial mobile radio services may be amended as a matter of 
right if such applications 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 (a)(1) and (a)(2) of this 
section. 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 Commission 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).
    (1) Amendments to applications that resolve mutual exclusivity may 
be filed at any time, subject to the requirements of Sec. 90.162.
    (2) 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 Commission for good cause 
shown. In such instances, a written petition demonstrating good cause 
must be submitted and served upon the parties of record.
    (b) Dismissal. The Commission may dismiss any application for 
authorization, assignment of authorization, or consent to transfer of 
control of a commercial mobile radio facility.
    (1) Upon request by the 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.
    (i) If the applicant requests dismissal of its application with 
prejudice, the Commission will dismiss the application with prejudice.
    (ii) If the applicant requests dismissal of its application without 
prejudice, the Commission will dismiss that application without 
prejudice, unless
    (A) The application has been designated for comparative hearing;
    (B) It has been selected in a random selection process; or
    (C) It is an application for which the applicant submitted the 
winning bid in a competitive bidding process. If the applicant requests 
dismissal of its application for which it submitted the winning bid in a 
competitive bidding process, the Commission 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

[[Page 336]]

process, it may submit a written petition requesting that the dismissal 
be without prejudice. Such petition must demonstrate good cause, comply 
with Sec. 90.162 of this part, and be served upon all parties of record. 
The Commission may grant such petition and dismiss the application 
without prejudice or deny the petition and dismiss the application with 
prejudice.
    (2) If the application is untimely filed; The Commission may dismiss 
without prejudice any application that is prematurely or filed late, 
including any application 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.
    (3) If the application is mutually exclusive with another 
application that is selected or granted in accordance with the rules in 
this part; The Commission may dismiss any mutually exclusive 
application:
    (i) For which the applicant did not submit the winning bid in a 
competitive bidding process;
    (ii) That is included in a random selection process but is not 
granted; or
    (iii) That receives comparative consideration in a hearing but is 
not granted by order of the presiding officer.
    (4) For failure to prosecute; The Commission 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. 90.162. 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 Commission may dismiss 
applications with prejudice for failure of the applicant to comply with 
requirements related to a competitive bidding process.
    (5) If the requested spectrum is not available; The Commission may 
dismiss any application that requests spectrum which is unavailable 
because:
    (i) It was previously assigned to another licensee on an exclusive 
basis or cannot be assigned to the applicant without causing 
interference; or
    (ii) 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.
    (6) If the application is found to be defective. Such dismissal may 
be ``without prejudice,'' meaning that the Commission may accept from 
the applicant another application for the same purpose at any later 
time, or ``with prejudice,'' meaning that the Commission will not accept 
from the applicant another application for the same purpose for a period 
of one year following the date of the dismissal action taken by the 
Commission. Unless otherwise provided in this part, a dismissed 
application will not be returned to the applicant. The Commission may 
dismiss without prejudice applications that it finds to be defective. An 
application for authorization or assignment of authorization is 
defective if:
    (i) It is unsigned or incomplete with respect to required answers to 
questions, informational showings, or other matters of a formal 
character; or
    (ii) It requests an authorization that would not comply with the 
Commission's Rules and does not contain a request for waiver of these 
rule(s), or in the event that the Commission denies such a waiver 
request, does not contain an alternative proposal that fully complies 
with the rules.



Sec. 90.162  Agreements to dismiss applications, amendments, or pleadings.

    (a) Parties that have filed an application concerning facilities 
used to provide commercial mobile radio 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

[[Page 337]]

the approval of the Commission. Parties that have filed or threatened to 
file a petition to deny, informal objection, or other pleading against a 
pending application, 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 
Commission.
    (b) 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 Commission 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 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.
    (c) In addition, within five (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.
    (d) No person shall make or receive any payments in exchange for 
withdrawing a threat to file or refraining from filing a petition 
against an application. For 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 
Commission.
    (e) For 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 Commission from the time 
the application or petition to deny is filed with the Commission until 
such time as an order of the Commission granting, denying, or dismissing 
the application, petition to deny, informal objection, or other pleading 
is no longer subject to reconsideration by the Commission 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.

[[Page 338]]

    (f) 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 section Sec. 1.2105(c) of this 
chapter.

[59 FR 59959, Nov. 21, 1994, as amended at 62 FR 11636, Mar. 12, 1997]



Sec. 90.163  Petitions to deny, responsive pleadings.

    Petitions to deny any major filing concerning facilities used to 
provide commercial mobile radio services 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 Secs. 1.41 through 
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, and which are 
sufficient to demonstrate that the petitioner (or respondent) is a party 
in interest and that a grant or other Commission 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 
Commission.
    (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 Commission may, by letter, dismiss any petition 
to deny a major filing if the petition does not comply with the 
requirements of this section or Sec. 90.161. The reason(s) for the 
dismissal must be stated in the letter. When a petition to deny is 
dismissed, any related responsive pleadings also are dismissed.



Sec. 90.164  Classification of filings as major or minor.

    Applications and amendments to applications are classified as major 
or minor when such filings concern facilities used to provide commercial 
mobile radio services. 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 a Commission action 
that has the potential to affect parties other than the applicant. The 
following are major filings:
    (a) Initial station authorization. Filings for an initial 
authorization as defined in Sec. 90.165(d)(2) are major.
    (b) 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 Commission.
    (c) Renewal. Applications for 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) In the Specialized Mobile Radio Service, in addition to filings 
listed in paragraphs (a) through (d) of this section, filings are major 
if they:
    (1) Request a change in frequency;
    (2) 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;
    (3) Request an authorization that would relocate an existing fixed 
transmitter;
    (4) Amend a pending application to change a requested frequency;
    (5) Amend a pending application in a way that would increase the 
proposed effective radiated power or antenna

[[Page 339]]

height above average terrain in any azimuth from an existing transmitter 
authorized to the filer;
    (6) Amend a pending application to change the location of a fixed 
transmitter from that previously proposed in the application; or
    (7) Amend a pending application for which pre-filing coordination 
was required to change the technical proposal substantially from that 
which was coordinated with other users.



Sec. 90.165  Procedures for mutually exclusive applications.

    Mutually exclusive commercial mobile radio service applications are 
processed in accordance with the rules in this section, except for 
mutually exclusive applications for licenses in the 220-220 MHz service 
and the 929-930 MHz Paging service, which are processed in accordance 
with the rules in subpart P and subpart T of this part.
    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 services involved.
    (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. 90.162) any mutually exclusive 
applications(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.
    (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 applications(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 filing 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 excluded by the grant, 
pursuant to Sec. 90.162.
    (1) Selection methods. In selecting the application to grant, the 
Commission may use competitive bidding, random selection, or comparative 
hearings, depending on 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. 90.162, 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 processing of two or more 
mutually exclusive applications depends on 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.

[[Page 340]]

    (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.
    (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 
Commission administers competitive bidding procedures in accordance with 
subpart Q of part 1 of this chapter. 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 or an 
application for facilities, 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 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 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;
    (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; or
    (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.

[[Page 341]]

    (3) An ``application for modification'' is any application other 
than an application for initial authorization or renewal.



Sec. 90.166  Grants of applications.

    Applications for a commercial mobile radio service authorization 
under this part may be granted thirty (30) days after the issuance date 
of a Pubic Notice listing an application or the latest filed major 
amendment thereto as acceptable for filing.
    (a) Criteria for grants. The Commission 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 Commission 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 
Commission regulations and policies;
    (4) The application is acceptable for filing, and complies with the 
Commission 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 Commission may grant, 
without a formal hearing, applications against which petitions to deny 
have been filed. If any petition(s) to deny are pending (i.e., have not 
been dismissed pursuant to Sec. 90.161 or withdrawn by the petitioner) 
when an application is granted, the Commission shall deny the 
petition(s) and issue 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 Commission may grant 
applications in part, and/or subject to conditions other than those 
normally applied to authorizations of the same type. When the Commission 
does this, it will inform the applicant of the reasons therefor. Such 
partial or conditional grants are final unless the Commission 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 Commission 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 
Commission is unable to make one or more of the findings listed in 
paragraph (a) of this section. The Commission may grant, deny, or take 
other action with respect to applications designated for a hearing.



Sec. 90.167  Time in which a station must commence service.

    (a) Unless otherwise specified in this part, all 220-222 MHz, 
private carrier paging, Industrial/Business Pool, and SMR licensees must 
commence service within twelve (12) months from the date of grant or the 
authorization cancels automatically and must be returned to the 
Commission.
    (b) For purposes of this section, a station licensed to provide 
commercial mobile radio service is not considered to have commenced 
service unless it provides service to at least one unaffiliated party.
    (c) Application for extension of time to commence service may be 
made on Commission Form 600. Extensions of time must be filed prior to 
the expiration of the construction period. Extensions will be granted 
only if the licensee shows that the failure to commence service is due 
to causes beyond his or her control. No extensions will be granted for 
delays caused by lack of financing, lack of site availability, for the 
assignment or transfer of control of an authorization, or for failure to 
timely order equipment. If the licensee orders equipment within 90 days 
of the license grant, a presumption of due diligence is created.

[[Page 342]]

    (d) An application for modification of an authorization (under 
construction) at the existing location does not extend the initial 
construction period. If additional time to commence service is required, 
a request for such additional time must be submitted on Commission Form 
600, either separately or in conjunction with the submission of the 
Commission Form 600 requesting modification.

[59 FR 59959, Nov. 21, 1994, as amended at 62 FR 18925, Apr. 17, 1997]



Sec. 90.168  Equal employment opportunities.

    Commercial Mobile Radio 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.
    (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 insure 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 (Commission), 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 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 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

[[Page 343]]

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 discriminate against qualified minority groups or female 
employees.
    (b) EEO statement. Each licensee having sixteen (16) or more full-
time employees shall file with the Commission, no later than May 31st 
following the grant of that licensee's first Commercial Mobile Radio 
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 sixteen (16) or more full-time 
employees that changes its existing equal employment opportunity program 
shall file with the Commission, no later than May 31st thereafter, a 
revised statement reflecting the change(s).
    Note: Commercial mobile radio service licensees having sixteen (16) 
or more full-time employees that do not have a current EEO statement on 
file with the Commission as of January 2, 1995, must file the statement 
required by this paragraph 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 Commission 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 Commission 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 Commission in the following manner:
    (1) If a complaint raising an issue of discrimination is received 
against a licensee who is within the jurisdiction of

[[Page 344]]

the EEOC, it is submitted to that agency. The Commission maintains a 
liaison with that agency that keeps the Commission 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 Commission 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 
Commission.
    (4) The Commission 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 Commission under 
Sec. 1.815(a) of this chapter are investigated by the Commission.
    (e) Commission 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 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.
    (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 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 Commission 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 two 
(2) years.



Sec. 90.169  Construction prior to grant of application.

    Applicants may construct facilities prior to grant of their 
applications, subject to the provisions of this section, but must not 
operate such facilities until the Commission grants an authorization. If 
the conditions stated in this section are not met, applicants must not 
begin to construct facilities.
    (a) When applicants may begin construction. An applicant may begin 
construction of a facility thirty-five (35) days after the date of the 
Public Notice listing the application for that facility as acceptable 
for filing.
    (b) Notification to stop. If the Commission 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 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 Commission 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;
    (2) No petitions to deny the application have been filed;

[[Page 345]]

    (3) The application does not include a request for a waiver of one 
or more Commission 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 
Commission;
    (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.



       Subpart H--Policies Governing the Assignment of Frequencies



Sec. 90.171  Scope.

    This subpart contains detailed information concerning the policies 
under which the Commission assigns frequencies for the use of licensees 
under this part, frequency coordination procedures, and procedures under 
which licensees may cooperatively share radio facilities.



Sec. 90.173  Policies governing the assignment of frequencies.

    (a) The frequencies which ordinarily may be assigned to stations in 
the services governed by this part are listed in subparts B, C and F of 
this part. Frequencies other than those listed in subparts B and C may 
be assigned in the 150-174 MHz, 421-430 MHz, 450-470 MHz, and 470-512 
MHz bands, provided such applications are accompanied by a showing of 
frequency coordination in accordance with the requirements of 
Sec. 90.175. Except as otherwise specifically provided in this part, 
frequencies assigned to land mobile stations are available on a shared 
basis only and will not be assigned for the exclusive use of any 
licensee.
    (b) All applicants and licensees shall cooperate in the selection 
and use of frequencies in order to reduce interference and make the most 
effective use of the authorized facilities. Licensees of stations 
suffering or causing harmful interference are expected to cooperate and 
resolve this problem by mutually satisfactory arrangements. If the 
licensees are unable to do so, the Commission may impose restrictions 
including specifying the transmitter power, antenna height, or area or 
hours of operation of the stations concerned. Further the use of any 
frequency at a given geographical location may be denied when, in the 
judgment of the Commission, its use in that location is not in the 
public interest; the use of any frequency may be restricted as to 
specified geographical areas, maximum power, or such other operating 
conditions, contained in this part or in the station authorization.
    (c) Frequencies allocated for Federal Government radio stations 
under Executive order of the President may be authorized for the use of 
stations in these services upon appropriate showing by the applicant 
that such assignment is necessary for inter-communication with 
government stations or required for coordination with activities of the 
Federal Government, and where the Commission finds, after consultation 
with the appropriate government agency or agencies, that such assignment 
is necessary.
    (d) The radio facilities authorized under this part are intended for 
use in connection with and as an adjunct to the primary governmental or 
business activities of the licensee.
    (e) Persons requesting authority to operate in the band 25-50 MHz 
should recognize that this band is shared with various services in other 
countries and that harmful interference may be caused by the propagation 
of signals in this band from distant stations. No protection from such 
harmful interference generally can be expected.
    (f) Applications for stations in the 150-174 MHz and 421-512 MHz 
bands for operation on frequencies 15 kHz or less removed from existing 
stations in the same geographic area will be granted based upon a 
recommendation from the applicable frequency coordinator as specified in 
Secs. 90.20(c)(2) and 90.35(b)(2).

[[Page 346]]

    (g) In the states of Alaska and Hawaii, and in areas outside the 
continental limits of the United States and the adjacent waters, the 
frequencies above 150.8 MHz which are listed elsewhere in this part as 
available for assignment to base stations or mobile stations in the 
Industrial/Business Pool are also available for assignment to 
operational fixed stations in the Industrial/Business Pool on a 
secondary basis.
    (h) In the Public Safety Pool, base stations may be authorized to 
operate on a secondary basis on frequencies below 450 MHz which are 
available to mobile stations.
    (i) In the 450-470 MHz band, the frequencies are ordinarily assigned 
in pairs, with the mobile station transmit frequency 5 MHz above the 
paired base station transmit frequency. In the 470-512 MHz band, the 
frequencies are ordinarily assigned in pairs with the mobile station 
transmit frequency 3 MHz above the paired base station transmit 
frequency. In the Industrial/Business Pool, in the 150 MHz band, the 
frequencies subject to Sec. 90.35(c)(6) may be assigned in pairs with 
the separation between base and mobile frequencies being 5.26 MHz. A 
mobile station may be assigned the frequency which would normally be 
assigned to a base station for single-frequency operation. However, this 
single-frequency operation may be subject to interference that would not 
occur to a two-frequency system.
    (j) [Reserved]
    (k) This paragraph is only applicable to entities with Finder's 
Preference requests pending before the Commission as of July 29, 1998. 
Notwithstanding any other provisions of this part, any eligible person 
shall be given a dispositive preference for a channel assignment on an 
exclusive basis in the 220-222 MHz, 470-512 MHz, and 800/900 MHz (except 
on frequencies designated exclusively for SMR service) bands by 
submitting information that leads to the recovery of channels in these 
bands. Recovery of such channels must result from information provided 
regarding the failure of existing licensees to comply with the 
provisions of Secs. 90.155, 90.157, 90.629, 90.631 (e) or (f), or 90.633 
(c) or (d).
    (l) In the 150-174 MHz band, except where otherwise specifically 
provided, authorizations for frequencies that were available prior to 
August 18, 1995 will be granted with channel bandwidths of 25 kHz or 
less. Authorizations for all other frequencies in this band will be 
granted with channel bandwidths of 12.5 kHz or less (i.e., in the Public 
Safety Pool, frequencies subject to Secs. 90.20 (d)(27) and (d)(44), and 
in the Industrial/Business Pool, frequencies subject to Secs. 90.35 
(c)(30) and (c)(33)).
    (m) In the 421-512 MHz band, except where otherwise specifically 
provided, authorizations for frequencies that were available prior to 
August 18, 1995 will be granted with channel bandwidths of 25 kHz or 
less. New authorizations for frequencies 12.5 kHz removed from these 
frequencies will be made for channel bandwidths of 12.5 kHz or less 
(i.e., in the Public Safety Pool, frequencies subject to 
Sec. 90.20(d)(27) and in the Industrial/Business Pool, frequencies 
subject to Sec. 90.35(c)(30)). Authorizations for frequencies 6.25 kHz 
removed from these frequencies will be granted with channel bandwidths 
of 6.25 kHz or less (i.e., in the Public Safety Pool, frequencies 
subject to Sec. 90.20(d)(44), and in the Industrial/Business Pool, 
frequencies subject to Sec. 90.35(c)(33)).
    (n) Any recovered channels in the 800 MHz SMR service will revert 
automatically to the holder of the EA license within which such channels 
are included. If there is no EA licensee for recovered channels, such 
channels will be retained by the Commission for future licensing.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 
154, 303, 307)

[43 FR 54791, Nov. 22, 1978, as amended at 45 FR 43419, June 27, 1980; 
46 FR 55704, Nov. 12, 1981; 50 FR 13605, Apr. 5, 1985; 54 FR 39739, 
Sept. 28, 1989; 56 FR 65859, Dec. 19, 1991; 57 FR 24992, June 12, 1992; 
58 FR 51252, Oct. 1, 1993; 60 FR 37261, July 19, 1995; 60 FR 48917, 
Sept. 21, 1995; 61 FR 6155, Feb. 16, 1996; 62 FR 2038, Jan. 15, 1997; 62 
FR 18925, Apr. 17, 1997; 63 FR 44585, Aug. 20, 1998]

[[Page 347]]



Sec. 90.175  Frequency coordination requirements.

    Except for applications listed in paragraph (f) of this section, 
each application for a new frequency assignment, for a change in 
existing facilities as listed in Sec. 90.135(a), or for operation at 
temporary locations in accordance with Sec. 90.137, must include a 
showing of frequency coordination as set forth below. An application to 
reinstate a license expired for more than thirty (30) days will be 
considered as a request for a new frequency assignment.
    (a) Frequency coordinators may request, and applicants are required 
to provide, all appropriate technical information, system requirements, 
and justification for requested station parameters when such information 
is necessary to identify and recommend the most appropriate frequency. 
Additionally, applicants bear the burden of proceeding and the burden of 
proof in requesting the Commission to overturn a coordinator's 
recommendation.
    (b) For frequencies between 25 and 470 MHz: A statement is required 
from the applicable frequency coordinator as specified in 
Secs. 90.20(c)(2) and 90.35(b)(2) recommending the most appropriate 
frequency. The coordinator's recommendation may include comments on 
technical factors such as power, antenna height and gain, terrain, and 
other factors which may serve to minimize potential interference.
    (c) For frequencies above 800 MHz: When frequencies are shared by 
more than one service, concurrence must be obtained from the other 
applicable certified coordinators.
    (d) For frequencies in the 450-470 MHz band: When used for secondary 
fixed operations, frequencies shall be assigned and coordinated pursuant 
to Sec. 90.261.
    (e) For frequencies between 470 and 512 MHz, 806-824/851-869 MHz, 
and 896-901/935-940 MHz: A statement is required from the applicable 
coordinator recommending specific frequencies that are available for 
assignment in accordance with the loading standards and mileage 
separations applicable to the specific radio serve, frequency pool, or 
category of user involved.
    (f) For frequencies in the 929-930 MHz band. A statement from the 
coordinator recommending the most appropriate frequency. For 
applications under Sec. 90.495, the coordinator's statement must verify 
that the proposed system meets the requirements of that section.
    (g) Any recommendation submitted in accordance with paragraphs (a), 
(c), (d), or (e) of this section is advisory in character and is not an 
assurance that the Commission will grant a license for operation on that 
frequency. Therefore, applicants are strongly advised not to purchase 
radio equipment operating on specific frequencies until a valid 
authorization has been obtained from the Commission.
    (h) Applications for facilities near the Canadian border north of 
line A or east of line C in Alaska may require coordination with the 
Canadian government. See Sec. 1.955 of this chapter.
    (i) The following applications need not be accompanied by evidence 
of frequency coordination:
    (1) Applications for frequencies below 25 MHz.
    (2) Applications for a Federal Government frequency.
    (3) Applications for frequencies in the 72-76 MHz band except for 
mobile frequencies subject to Sec. 90.35(c)(77).
    (4) Applications for a frequency to be used for developmental 
purposes.
    (5) Applications in the Industrial/Business Pool requesting a 
frequency designated for itinerant operation only.
    (6) Applications in the Radiolocation Service.
    (7) [Reserved]
    (8) Applications for frequencies listed in the SMR tables contained 
in Secs. 90.617 and 90.619.
    (9) Applications indicating license assignments such as change in 
ownership, control or corporate structure if there is no change in 
technical parameters.
    (10) Applications for mobile stations operating in the 470-512 MHz 
band or above 800 MHz if the frequency pair is assigned to a single 
system on an exclusive basis in the proposed area of operation.
    (11) Applications for add-on base stations in multiple licensed 
systems operating in the 470-512 MHz band or above 800 MHz if the 
frequency pair is

[[Page 348]]

assigned to a single system on an exclusive basis.
    (12) Applications for control stations operating below 470 or above 
800 MHz and meeting the requirements of Sec. 90.119(a)(2)(ii).
    (13) Applications for frequencies in the 216-220 and 1427-1435 MHz 
bands.
    (14) Applications for frequencies in the 220-222 MHz band.

[51 FR 14998, Apr. 22, 1986, as amended at 51 FR 36014, Oct. 8, 1986; 53 
FR 1024, Jan. 15, 1988; 54 FR 4030, Jan. 27, 1989; 54 FR 39740, Sept. 
28, 1989; 56 FR 19602, Apr. 29, 1991; 56 FR 65859, Dec. 19, 1991; 57 FR 
48739, Oct. 28, 1992; 57 FR 60135, Dec. 18, 1992; 58 FR 62291, Nov. 26, 
1993; 60 FR 37261, July 19, 1995; 62 FR 18925, Apr. 17, 1997; 63 FR 
44586, Aug. 20, 1998]



Sec. 90.176  Coordinator notification requirements on frequencies below 512 MHz.

    (a) Frequencies below 470 MHz. Within one business day of making a 
frequency recommendation, each frequency coordinator must notify and 
provide the information indicated in paragraph (e) of this section to 
all other frequency coordinators who are also certified to coordinate 
that frequency.
    (1) The applicable frequency coordinator for each frequency is 
specified in the coordinator column of the frequency tables of 
Secs. 90.20(c)(3) and 90.35(b)(3).
    (2) For frequencies that do not specify any frequency coordinator, 
all certified in-pool coordinators must be notified.
    (3) For frequencies that are shared between the Public Safety Pool 
and the Industrial/Business Pool (frequencies subject to 
Secs. 90.20(d)(7), (d)(25), (d)(34), or (d)(46) in the Public Safety 
Pool, and subject to Secs. 90.35(c)(13), (c)(25), or (d)(4) in the 
Industrial/Business Pool), all certified coordinators of both pools must 
be notified.
    (b) Frequencies in the 470-512 MHz band. Within one business day of 
making a frequency recommendation, each frequency coordinator must 
notify and provide the information indicated in paragraph (e) of this 
section to all other certified frequency coordinators in the Public 
Safety Pool and the Industrial/Business Pool.
    (c) Each frequency coordinator must also notify all other certified 
in-pool coordinators on any day that the frequency coordinator does not 
make any frequency recommendations.
    (d) Notification must be made to all coordinators at approximately 
the same time and can be made using any method that ensures compliance 
with the one business day requirement.
    (e) At a minimum the following information must be included in each 
notification:
    (1) Name of applicant;
    (2) Frequency or frequencies recommended;
    (3) Antenna locations and heights;
    (4) Effective radiated power (ERP);
    (5) Type(s) of emissions;
    (6) Description of the service area; and
    (7) Date and time of recommendation.
    (f) Upon request, each coordinator must provide any additional 
information requested from another certified coordinator regarding a 
pending recommendation that it has processed but has not yet been 
granted by the Commission.
    (g) It is the responsibility of each coordinator to insure that its 
frequency recommendations do not conflict with the frequency 
recommendations of any other frequency coordinator. Should a conflict 
arise, the affected coordinators are jointly responsible for taking 
action to resolve the conflict, up to and including notifying the 
Commission that an application may have to be returned.

[62 FR 18926, Apr. 17, 1997]



Sec. 90.177  Protection of certain radio receiving locations.

    This section pertains to applications for new or modified 
authorizations in the vicinity of the National Radio Astronomy 
Observatory, Green Bank, Pocahontas County, WV; the Naval Radio Research 
Observatory, Sugar Grove, Pendleton County, WV; the Arecibo Observatory, 
which is part of the National Astronomy and Ionosphere Center, located 
near Arecibo, PR; the Table Mountain Radio Receiving Zone, Boulder 
County, CO.; the Federal Communications Commission monitoring stations; 
and other protected sites.
    (a) Any applicant for a new permanent base or fixed station, or for 
a

[[Page 349]]

modification of an existing authorization which would change the 
frequency, power, antenna height, directivity, or location within the 
boundaries described in paragraph (b) of this section shall notify the 
Director, National Radio Astronomy Observatory, P.O. Box 2, Green Bank, 
WV 24944, in writing, of the technical parameters of the proposal.
    (1) The notification shall be made prior to, or simultaneously with 
the filing of the application with the Commission.
    (2) The notification shall state the geographical coordinates of the 
antenna, antenna height, antenna directivity, proposed frequency, type 
of emission, and effective radiated power.
    (3) 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.
    (4) The provisions of this paragraph do not apply to applications 
for mobile, temporary base, or temporary fixed stations.
    (b) The area of concern for the National Radio Astronomy Observatory 
or the Naval Radio Research Observatory is 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.
    (c) 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, CO. 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:

------------------------------------------------------------------------
                                                   Field      Power flux
                                                  strength   density \1\
                                                 (millivolt    (dBW per
                                                 per meter)     square
                Frequency range                      in       meter) 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         65.8
470 to 890 MHz................................           30         56.2
Above 890 MHz.................................            1         85.8
------------------------------------------------------------------------
\1\ Equivalent values of power flux density are calculated assuming free
  space characteristic impedance of 376.7=120 ohms.

    (1) Advance consultation is recommended particularly for those 
applicants who have no reliable data which indicates whether the field 
strength or power flux density figures 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 km (1.5 statute miles);
    (ii) Stations within 4.8 km (3 statute miles) 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 km (10 statute miles) with 1 kW or more ERP 
in the primary plane of polarization in the azimuthal direction of the 
Table Mountain Receiving Zone;
    (iv) Stations within 80 km (50 statute miles) with 25 kW or more ERP 
in the primary plane of polarization in the azimuthal direction of the 
Table Mountain Receiving Zone.
    (2) Applicants concerned are urged to communicate with the Radio 
Frequency Management Coordinator, Department of Commerce, Research 
Support Services, NOAA R/E5X2, Boulder Laboratories, Boulder, CO 80303; 
telephone (303) 497-6548, in advance of filing their applications with 
the Commission.

[[Page 350]]

    (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.
    (d) 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 times pi, 
or 377, 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 2.4 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 (d)(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.
    (e) In the band 420 to 450 MHz, applicants should not expect to be 
accommodated if their area of service is within 160 kilometers (100 
miles) of the following locations:

(1) 45 deg.45'' N., 70 deg.32' W,
(2) 64 deg.17' N., 149 deg.10' W,
(3) 48 deg.43' N., 97 deg.54' W;


within 200 kilometers (124 miles) of the following locations:

(1) 32 deg.38' N., 83 deg.35' W,
(2) 31 deg.25' N., 100 deg.24' W;


[[Page 351]]



within 240 kilometers (150 miles) of the following location:

(1) 39 deg.08' N., 121 deg.26' W;


within 320 kilometers (200 miles) of the following locations:

(1) 28 deg.21' N., 80 deg.43' W,
(2) 30 deg.30' N., 86 deg.30' W,
(3) 43 deg.09' N., 119 deg.11' W;


or in the following locations:

(1) The state of Arizona,
(2) The state of Florida,
(3) Portions of California and Nevada south of 37 deg.10' N,
(4) And portions of Texas and New Mexico bounded by 31 deg.45' N., 
34 deg.30' N., 104 deg.00' W. and 107 deg.30' W.

    (f) 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.
    (1) In services in which individual station licenses are issued by 
the FCC, the notification required in paragraph (f) 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 (f) was made. In services in which individual station licenses 
are not issued by the FCC, the notification required in paragraph (f) 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.
    (2) 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. 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, if appropriate. If the FCC 
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.

(Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 
154, 303, 307)

[43 FR 54791, Nov. 22, 1978, as amended at 44 FR 77167, Dec. 31, 1979; 
47 FR 34420, Aug. 9, 1982; 49 FR 32770, Aug. 16, 1984; 50 FR 39003, 
Sept. 25, 1985; 54 FR 38680, Sept. 20, 1989; 54 FR 39740, Sept. 28, 
1989; 61 FR 8478, Mar. 5, 1996; 62 FR 55534, Oct. 27, 1997; 63 FR 41204, 
Aug. 3, 1998]



Sec. 90.179  Shared use of radio stations.

    Licensees of radio stations authorized under this rule part may 
share the use of their facilities. A station is shared when persons not 
licensed for the station control the station for their own purposes 
pursuant to the licensee's authorization. Shared use of a radio station 
may be either on a non-profit cost shared basis or on a for-profit 
private carrier basis. Shared use of an authorized station is subject to

[[Page 352]]

the following conditions and limitations:
    (a) Persons may share a radio station only on frequencies for which 
they would be eligible for a separate authorization.
    (b) The licensee of the shared radio station is responsible for 
assuring that the authorized facility is used only by persons and only 
for purposes consistent with the requirements of this rule part.
    (c) Participants in the sharing arrangement may obtain a license for 
their own mobile units (including control points and/or control stations 
for control of the shared facility), or they may use mobile stations, 
and control stations or control points authorized to the licensee.
    (d) If the licensee shares the land station on a non-profit, cost 
shared basis to the licensee, this shared use must be pursuant to a 
written agreement between the licensee and each participant which sets 
out (1) the method of operation, (2) the components of the system which 
are covered by the sharing arrangements, (3) the method by which costs 
are to be apportioned, and (4) acknowledgement that all shared 
transmitter use must be subject to the licensee's control. These 
agreements must be kept as part of the station records.
    (e) If the land station which is being shared is interconnected with 
the public switched telephone network, the provisions of Sec. 90.477 et 
seq. apply.
    (f) Above 800 MHz, shared use on a for-profit private carrier basis 
is permitted only by SMR, Private Carrier Paging, and LMS licensees. See 
subparts M, P, and S of this part.
    (g) The provisions of this section do not apply to licensees 
authorized to provide commercial mobile radio service under this part.

[48 FR 26620, June 9, 1983, as amended at 51 FR 36014, Oct. 8, 1986; 53 
FR 12156, Apr. 13, 1988; 54 FR 4030, Jan. 27, 1989; 54 FR 38681, Sept. 
20, 1989; 57 FR 48739, Oct. 28, 1992; 59 FR 59965, Nov. 21, 1994; 60 FR 
15252, Mar. 23, 1995]



Sec. 90.185  Multiple licensing of radio transmitting equipment in the mobile radio service.

    Two or more persons eligible for licensing under this rule part may 
be licensed for the same land station under the following terms and 
conditions.
    (a) Each licensee complies with the general operating requirements 
set out in Sec. 90.403 of the rules.
    (b) Each licensee is eligible for the frequency(ies) on which the 
land station operates.
    (c) If the multiple licensed base station is interconnected with the 
public switched telephone network, the provisions of Sec. 90.477 et seq. 
apply.

[48 FR 26621, June 9, 1983]



Sec. 90.187  Trunking in the bands between 150 and 512 MHz.

    (a) Applicants for trunked systems operating on frequencies between 
150 and 512 MHz (except 220-222 MHz) must indicate on their applications 
(class of station code, see Sec. 1.952 of this chapter or Instructions 
for FCC Form 600) that their system will be trunked. Licensees of 
stations that are not trunked, may trunk their systems only after 
modifying their license (See Sec. 90.135).
    (b) In the bands between 150 and 512 MHz, trunking may be authorized 
under the following conditions:
    (1) Where applicants for or licensees operating in the 470-512 MHz 
band meet the loading requirements of Sec. 90.313 and have exclusive use 
of their frequencies in their service area.
    (2) Trunking will be permitted on frequencies where an applicant or 
licensee does not have an exclusive service area, provided that all 
frequency coordination requirements are complied with and consent is 
obtained from all licensees pursuant to paragraphs (b)(2)(i), 
(b)(2)(ii), and (b)(2)(iii) of this section.
    (i) Stations that have operating frequencies (base and mobile) that 
are 15 kHz or less removed from proposed stations that will operate with 
a 25 kHz channel bandwidth; stations that have operating frequencies 
(base and mobile) that are 7.5 kHz or less removed from proposed 
stations that will operate with a 12.5 kHz bandwidth; or stations that 
have operating frequencies (base and mobile) 3.75 kHz or less removed 
from proposed stations that will operate with a 6.25 kHz bandwidth; and
    (ii) Stations with service areas (37 dBu contour for stations in the 
150-174 MHz band and 39 dBu contour for stations in the 421-512 MHz 
bands; See

[[Page 353]]

Sec. 90.205) that overlap a circle with radius 113 km (70 mi.) from the 
proposed base station. Alternatively, applicants may submit an 
engineering analysis based upon generally accepted engineering practices 
and standards which demonstrates that the service area of the trunked 
system does not overlap any existing stations whose service areas 
overlap a circle with radius 113 km (70 mi.) from the proposed base 
station.
    (iii) The consensual agreements among licensees must specifically 
state the terms agreed upon and a statement must be submitted to the 
Commission indicating that all licensees have consented to the use of 
trunking. If a licensee has agreed to the use of trunking, but later 
decides against the use of trunking, the licensee may request that the 
licensee(s) of the trunked system reconsider the use of trunking. If the 
licensee is unable to reach an agreement with the licensee(s) of the 
trunked system, the licensee may request that the Commission consider 
the matter and assign it another channel. New licensees will only be 
assigned the same channel as a trunked system, if the new licensee 
reaches an agreement with the licensee(s) of the trunked system.
    (c) Trunking of systems licensed on paging-only channels or licensed 
in the Radiolocation Service (subpart F) is not permitted.

[62 FR 18926, Apr. 17, 1997]



                 Subpart I--General Technical Standards



Sec. 90.201  Scope.

    This subpart sets forth the general technical requirements for use 
of frequencies and equipment in the radio services governed by this 
part. Such requirements include standards for acceptability of 
equipment, frequency tolerance, modulation, emissions, power, and 
bandwidths. Special additional technical standards applicable to certain 
frequency bands and certain specialized uses are set forth in subparts 
J, K, and N.

[43 FR 54791, Nov. 22, 1978, as amended at 54 FR 4030, Jan. 27, 1989]



Sec. 90.203  Type acceptance required.

    (a) Except as specified in paragraph (b) of this section, 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 
which has been certificated for use under this part.
    (1) [Reserved]
    (2) Any manufacturer of radio transmitting equipment (including 
signal boosters) to be used in these services may request certification 
for such equipment following the procedures set forth in subpart J of 
part 2 of this chapter. Certification for an individual transmitter or 
signal booster also may be requested by an applicant for a station 
authorization by following the procedure set forth in part 2 of this 
chapter. Such equipment if approved will be individually enumerated on 
the station authorization.
    (b) Certification is not required for the following:
    (1) Transmitters used in developmental operations in accordance with 
subpart Q.
    (2) Transmitters used for police zone and interzone stations 
authorized as of January 1, 1965.
    (3) Transmitting equipment used in the band 1427-1435 MHz.
    (4) Transmitters used in radiolocation stations in accordance with 
subpart F authorized prior to January 1, 1974, for public safety and 
land transportation applications (old parts 89 and 93).
    (5) Transmitters used in radiolocation stations in accordance with 
subpart F authorized for industrial applications (old part 91) prior to 
January 1, 1978.
    (6) [Reserved]
    (7) Transmitters imported and marketed prior to September 1, 1996 
for use by LMS systems.
    (c) Radiolocation transmitters for use in public safety and land 
transportation applications marketed prior to January 1, 1974, must meet 
the applicable technical standards in this part, pursuant to Sec. 2.803 
of this chapter.
    (d) Radiolocation transmitters for use in public safety and land 
transportation applications marketed after January 1, 1974, must comply 
with the

[[Page 354]]

requirements of paragraph (a) of this section.
    (e) Except as provided in paragraph (g) of this section, 
transmitters designed to operate above 25 MHz shall not be certificated 
for use under this part if the operator can program and transmit on 
frequencies, other than those programmed by the manufacturer, service or 
maintenance personnel, using the equipment's external operation 
controls.
    (f) Except as provided in paragraph (g) of this section, 
transmitters designed to operate above 25 MHz that have been approved 
prior to January 15, 1988, and that permit the operator, by using 
external controls, to program the transmitter's operating frequencies, 
shall not be manufactured in, or imported into the United States after 
March 15, 1988. Marketing of these transmitters shall not be permitted 
after March 15, 1989.
    (g) Transmitters having frequency programming capability and that 
are designed to operate above 25 MHz are exempt from paragraphs (e) and 
(f) of this section if the design of such transmitters:
    (1) Is such that transmitters with external controls normally 
available to the operator must be internally modified to place the 
equipment in the programmable mode. Further, while in the programmable 
mode, the equipment shall not be capable of transmitting. The procedures 
for making the modification and altering the frequency program shall not 
be made available with the operating information normally supplied to 
the end user of the equipment; or
    (2) Requires the tramsitter to be programmed for frequencies through 
controls normally inaccessible to the operator; or
    (3) Requires equipment to be programmed for frequencies through use 
of external devices or specifically programmed modules made available 
only to service/maintenance personnel; or
    (4) Requires equipment to be programmed through cloning (copying a 
program directly from another transmitter) using devices and procedures 
made available only to service/maintenance personnel.
    (h) The requirements of paragraphs (e), (f), and (g) of this section 
shall not apply if:
    (1) The equipment has been designed and manufactured specifically 
for aircraft use; and
    (2) The part 90 certification limits the use of the equipment to 
operations only under Sec. 90.423.
    (i) Equipment certificated after February 16, 1988 and marketed for 
public safety operation in the 821-824/866-869 MHz bands must have the 
capability to be programmed for operation on the mutual aid channels as 
designated in Sec. 90.617(a) of the rules.
    (j) Except where otherwise specifically provided for, transmitters 
operating on frequencies in the 150-174 MHz and 421-512 MHz bands must 
comply with the following.
    (1) [Reserved]
    (2) Applications for certification received on or after February 14, 
1997 will only be granted for equipment with the following channel 
bandwidths:
    (i) 12.5 kHz or less for single bandwidth mode equipment or multi-
bandwidth mode equipment with a maximum channel bandwidth of 12.5 kHz;
    (ii) 25 kHz for multi-bandwidth mode equipment with a maximum 
channel bandwidth of 25 kHz if it is capable of operating on channels of 
12.5 kHz or less; and
    (iii) 25 kHz if the equipment meets the efficiency standard of 
paragraph (j)(3) of this section.
    (3) Applications for part 90 certification of transmitters designed 
to operate on frequencies in the 150-174 MHz and/or 421-512 MHz bands, 
received on or after February 14, 1997, must include a certification 
that the equipment meets a spectrum efficiency standard of one voice 
channel per 12.5 kHz of channel bandwidth. Additionally, if the 
equipment is capable of transmitting data, has transmitter output power 
greater than 500 mW, and has a channel bandwidth of more than 6.25 kHz, 
the equipment must be capable of supporting a minimum data rate of 4800 
bits per second per 6.25 kHz of channel bandwidth.
    (4) Applications for certification received on or after January 1, 
2005, except for hand-held transmitters with an output power of two 
watts or less,

[[Page 355]]

will only be granted for equipment with the following channel 
bandwidths:
    (i) 6.25 kHz or less for single bandwidth mode equipment;
    (ii) 12.5 kHz for multi-bandwidth mode equipment with a maximum 
channel bandwidth of 12.5 kHz if it is capable of operating on channels 
of 6.25 kHz or less;
    (iii) 25 kHz for multi-bandwidth mode equipment with a maximum 
channel bandwidth of 25 kHz if it is capable of operating on channels of 
6.25 kHz or less; and
    (iv) Up to 25 kHz if the equipment meets the efficiency standard of 
paragraph (j)(5) of this section.
    (5) Applications for part 90 certification of transmitters designed 
to operate on frequencies in the 150-174 MHz and/or 421-512 MHz bands, 
received on or after January 1, 2005, must include a certification that 
the equipment meets a spectrum efficiency standard of one voice channel 
per 6.25 kHz of channel bandwidth. Additionally, if the equipment is 
capable of transmitting data, has transmitter output power greater than 
500 mW, and has a channel bandwidth of more than 6.25 kHz, the equipment 
must be capable of supporting a minimum data rate of 4800 bits per 
second per 6.25 kHz of channel bandwidth.
    (6) Modification and permissive changes to certification grants.
    (i) The Commission's Equipment Authorization Division will not allow 
adding a multi-mode or narrowband operation capability to single 
bandwidth mode transmitters, except under the following conditions:
    (A) Transmitters that have the inherent capability for multi-mode or 
narrowband operation allowed in paragraphs (j)(2) and (j)(4) of this 
section, may have their grant of certification modified (reissued) upon 
demonstrating that the original unit complies with the technical 
requirements for operation; and
    (B) New FCC Identifiers will be required to identify equipment that 
needs to be modified to comply with the requirements of paragraphs 
(j)(2) and (j)(4) of this section.
    (ii) All other applications for modification or permissive changes 
will be subject to the Rules of part 2 of this chapter.
    (7) Transmitters designed for one-way paging operations will be 
certificated with a 25 kHz channel bandwidth and are exempt from the 
spectrum efficiency requirements of paragraphs (j)(3) and (j)(5) of this 
section.
    (8) The Commission's Equipment Authorization Division may, on a case 
by case basis, grant certification to equipment with slower data rates 
than specified in paragraphs (j)(3) and (j)(5) of this section, provided 
that a technical analysis is submitted with the application which 
describes why the slower data rate will provide more spectral efficiency 
than the standard data rate.
    (9) Transmitters used for stolen vehicle recovery on 173.075 MHz 
must comply with the requirements of Sec. 90.20(e)(6).
    (k)(1) For transmitters operating on frequencies in the 220-222 MHz 
band, certification will only be granted for equipment with channel 
bandwidths up to 5 kHz, except that certification will be granted for 
equipment operating on 220-222 MHz band Channels 1 through 160 (220.0025 
through 220.7975/221.0025 through 221.7975), 171 through 180 (220.8525 
through 220.8975/221.8525 through 221.8975), and 186 through 200 
(220.9275 through 220.9975/221.9275 through 221.9975) with channel 
bandwidths greater than 5 kHz if the equipment meets the following 
spectrum efficiency standard: Applications for part 90 certification of 
transmitters designed to operate on frequencies in the 220-222 MHz band 
must include a statement that the equipment meets a spectrum efficiency 
standard of at least one voice channel per 5 kHz of channel bandwidth 
(for voice communications), and a data rate of at least 4,800 bits per 
second per 5 kHz of channel bandwidth (for data communications). 
Certification for transmitters operating on 220-222 MHz band Channels 1 
through 160 (220.0025 through 220.7975/221.0025 through 221.7975), 171 
through 180 (220.8525 through 220.8975/221.8525 through 221.8975), and 
186 through 200 (220.9275 through 220.9975/221.9275 through 221.9975) 
with channel bandwidths greater than 5 kHz will be granted without the 
requirement that a statement be included that the equipment meets the 
spectrum efficiency

[[Page 356]]

standard if the requests for certification of such transmitters are 
filed after December 31, 2001.
    (2) Certification may be granted on a case-by-case basis by the 
Commission's Equipment Authorization Division for equipment operating on 
220-222 MHz band Channels 1 through 160 (220.0025 through 220.7975/
221.0025 through 221.7975), 171 through 180 (220.8525 through 220.8975/
221.8525 through 221.8975), and 186 through 200 (220.9275 through 
220.9975/221.9275 through 221.9975) with channel bandwidths greater than 
5 kHz and not satisfying the spectrum efficiency standard identified in 
paragraph (k)(1) of this section, if requests for part 90 certification 
of such transmitters are accompanied by a technical analysis that 
satisfactorily demonstrates that the transmitters will provide more 
spectral efficiency than that which would be provided by use of the 
spectrum efficiency standard.

[43 FR 54791, Nov. 22, 1978; 44 FR 32219, June 5, 1979, as amended at 50 
FR 13606, Apr. 5, 1985; 52 FR 47570, Dec. 15, 1987; 53 FR 1024, Jan. 15, 
1988; 54 FR 38681, Sept. 20, 1989; 60 FR 15252, Mar. 23, 1995; 60 FR 
37261, July 19, 1995; 61 FR 18986, Apr. 30, 1996; 62 FR 2038, Jan. 15, 
1997; 62 FR 15992, Apr. 3, 1997; 62 FR 18926, Apr. 17, 1997; 63 FR 
32590, June 12, 1998; 63 FR 36609, July 7, 1998]

    Effective Date Note:  At 63 FR 36609, July 7, 1998, Sec. 90.203 was 
amended revising paragraph (a) and paragraph (b) introductory text and 
paragraphs (c), (e), (f), (h)(2), (i), (j)(2) introductory text, (j)(3), 
(j)(4) introductory text, (j)(5), (j)(6) introductory text, 
(j)(6)(i)(A), (j)(7), (j)(8), and (k), effective Oct. 5, 1998. For the 
convenience of the reader, the superseded text is set forth as follows:

Sec. 90.203  Certification required.

    (a) Except as specified in paragraph (b) of this section, each 
transmitter utilized for operation under this part and each transmitter 
marketed as set forth in Sec. 2.803 (of part 2) must be of a type which 
is included in the Commission's current Radio Equipment List as type 
accepted for use under this part; or, be of a type which has been type 
accepted by the Commission for use under this part in accordance with 
the procedures in paragraph (a)(2) of this section.
    (1) The Commission periodically publishes a list of equipment 
entitled ``Radio Equipment List, Equipment Acceptable for Licensing.'' 
Copies of this list are available for public reference at the 
Commission's offices in Washington, D.C., and at each of its field 
offices. This list includes type accepted and, also, until such time as 
it may be removed by Commission action, other equipment which appeared 
in this list on May 16, 1955.
    (2) Any manufacturer of radio transmitting equipment (including 
signal boosters) to be used in these services may request type 
acceptance for such equipment following the procedures set forth in 
subpart J of part 2 of this chapter. Type acceptance for an individual 
transmitter or signal booster also may be requested by an applicant for 
a station authorization by following the procedure 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.
    (b) Type acceptance is not required for the following:

                                * * * * *

    (c) Radiolocation transmitters for use in public safety and land 
transportation applications marketed prior to January 1, 1974, must meet 
the applicable technical standards in this part, pursuant to Sec. 2.805 
of this chapter.

                                * * * * *

    (e) Except as provided in paragraph (g) of this section, 
transmitters designed to operate above 25 MHz shall not be type accepted 
for use under this part if the operator can program and transmit on 
frequencies, other than those programmed by the manufacturer, service or 
maintenance personnel, using the equipment's external operation 
controls.
    (f) Except as provided in paragraph (g) of this section, 
transmitters designed to operate above 25 MHz that have been type 
accepted prior to January 15, 1988, and that permit the operator, by 
using external controls, to program the transmitter's operating 
frequencies, shall not be manufactured in, or imported into the United 
States after March 15, 1988. Marketing of these transmitters shall not 
be permitted after March 15, 1989.

                                * * * * *

    (h) * * *
    (2) The part 90 type acceptance limits the use of the equipment to 
operations only under Sec. 90.423.
    (i) Equipment type accepted after February 16, 1988 and marketed for 
public safety operation in the 821-824/866-869 MHz bands must have the 
capability to be programmed for operation on the mutual aid channels as 
designated in Sec. 90.617(a) of the Rules.
    (j) * * *

[[Page 357]]

    (2) Applications for type acceptance received on or after February 
14, 1997 will only be granted for equipment with the following channel 
bandwidths:

                                * * * * *

    (3) Applications for part 90 type acceptance of transmitters 
designed to operate on frequencies in the 150-174 MHz and/or 421-512 MHz 
bands, received on or after February 14, 1997, must include a 
certification that the equipment meets a spectrum efficiency standard of 
one voice channel per 12.5 kHz of channel bandwidth. Additionally, if 
the equipment is capable of transmitting data, has transmitter output 
power greater than 500 mW, and has a channel bandwidth of more than 6.25 
kHz, the equipment must be capable of supporting a minimum data rate of 
4800 bits per second per 6.25 kHz of channel bandwidth.
    (4) Applications for type acceptance received on or after January 1, 
2005, except for hand-held transmitters with an output power of two 
watts or less, type acceptance will only be granted for equipment with 
the following channel bandwidths:

                                * * * * *

    (5) Applications for part 90 type acceptance of transmitters 
designed to operate on frequencies in the 150-174 MHz and/or 421-512 MHz 
bands, received on or after January 1, 2005, must include a 
certification that the equipment meets a spectrum efficiency standard of 
one voice channel per 6.25 kHz of channel bandwidth. Additionally, if 
the equipment is capable of transmitting data, has transmitter output 
power greater than 500 mW, and has a channel bandwidth of more than 6.25 
kHz, the equipment must be capable of supporting a minimum data rate of 
4800 bits per second per 6.25 kHz of channel bandwidth.
    (6) Modification and permissive changes to type acceptance grants.
    (i) * * *
    (A) Transmitters that have the inherent capability for multi-mode or 
narrowband operation allowed in paragraphs (j)(2) and (j)(4) of this 
section, may have their grant of Type Acceptance modified (reissued) 
upon demonstrating that the original unit complies with the technical 
requirements for operation; and

                                * * * * *

    (7) Transmitters designed for one-way paging operations will be type 
accepted with a 25 kHz channel bandwidth and are exempt from the 
spectrum efficiency requirements of paragraphs (j)(3) and (j)(5) of this 
section.
    (8) The Commission's Equipment Authorization Division may, on a case 
by case basis, grant type acceptance to equipment with slower data rates 
than specified in paragraphs (j)(3) and (j)(5) of this section, provided 
that a technical analysis is submitted with the application which 
describes why the slower data rate will provide more spectral efficiency 
than the standard data rate.
    (k) For transmitters operating on frequencies in the 220-222 MHz 
band, type acceptance will only be granted for equipment with channel 
bandwidths up to 5 kHz, except that type acceptance will be granted for 
equipment operating on 220-222 MHz band Channels 1 through 160 (220.0025 
through 220.7975/221.0025 through 221.7975), 171 through 180 (220.8525 
through 220.8975/221.8525 through 221.8975), and 186 through 200 
(220.9275 through 220.9975/221.9275 through 221.9975) with channel 
bandwidths greater than 5 kHz.



Sec. 90.205  Power and antenna height limits.

    Applicants for licenses must request and use no more power than the 
actual power necessary for satisfactory operation. Except where 
otherwise specifically provided for, the maximum power that will be 
authorized to applicants whose license applications for new stations are 
filed after August 18, 1995 is as follows:
    (a) Below 25 MHz. For single sideband operations (J3E emission), the 
maximum transmitter peak envelope power is 1000 watts.
    (b) 25-50 MHz. The maximum transmitter output power is 300 watts.
    (c) 72-76 MHz. The maximum effective radiated power (ERP) for 
stations operating on fixed frequencies is 300 watts. Stations operating 
on mobile-only frequencies are limited to one watt transmitter output 
power.
    (d) 150-174 MHz. (1) The maximum allowable station ERP is dependent 
upon the station's antenna HAAT and required service area and will be 
authorized in accordance with table 1. Applicants requesting an ERP in 
excess of that listed in table 1 must submit an engineering analysis 
based upon generally accepted engineering practices and standards that 
includes coverage contours to demonstrate that the requested station 
parameters will not produce coverage in excess of that which the 
applicant requires.
    (2) Applications for stations where special circumstances exist that 
make it necessary to deviate from the ERP and antenna heights in Table 1 
will be

[[Page 358]]

submitted to the frequency coordinator accompanied by a technical 
analysis, based upon generally accepted engineering practices and 
standards, that demonstrates that the requested station parameters will 
not produce a signal strength in excess of 37 dBu at any point along the 
edge of the requested service area. The coordinator may then recommend 
any ERP appropriate to meet this condition.
    (3) An applicant for a station with a service area radius greater 
than 40 km (25 mi) must justify the requested service area radius, which 
will be authorized only in accordance with table 1, note 4. For base 
stations with service areas greater than 80 km, all operations 80 km or 
less from the base station will be on a primary basis and all operations 
outside of 80 km from the base station will be on a secondary basis and 
will be entitled to no protection from primary operations.

                                   Table 1--150-174MHz--Maximum ERP/Reference HAAT for a Specific Service Area Radius
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                Service area radius (km)
                                                               -----------------------------------------------------------------------------------------
                                                                   3        8        13       16       24       32       40     48 \4\   64 \4\   80 \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum ERP (w)\1\............................................        1       28      178  \2\ 500  \2\ 500  \2\ 500      500  \2\ 500  \2\ 500  \2\ 500
Up to reference HAAT (m) \3\..................................       15       15       15       15       33       65      110      160      380     670
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Maximum ERP indicated provides for a 37 dBu signal strength at the edge of the service area per FCC Report R-6602, Fig. 19 (See Sec.  73.699, Fig.
  10).
\2\ Maximum ERP of 500 watts allowed. Signal strength at the service area contour may be less than 37 dBu.
\3\ When the actual antenna HAAT is greater than the reference HAAT, the allowable ERP will be reduced in accordance with the following equation:
  ERPallow = ERPmax  x  (HAATref / HAATactual)\2\.
\4\ Applications for this service area radius may be granted upon specific request with justification and must include a technical demonstration that
  the signal strength at the edge of the service area does not exceed 37 dBu.

    (e) 220-222 MHz. Limitations on power and antenna heights are 
specified in Sec. 90.729.
    (f) 421-430 MHz. Limitations on power and antenna heights are 
specified in Sec. 90.279.
    (g) 450-470 MHz. (1) The maximum allowable station effective 
radiated power (ERP) is dependent upon the station's antenna HAAT and 
required service area and will be authorized in accordance with table 2. 
Applicants requesting an ERP in excess of that listed in table 2 must 
submit an engineering analysis based upon generally accepted engineering 
practices and standards that includes coverage contours to demonstrate 
that the requested station parameters will not produce coverage in 
excess of that which the applicant requires.
    (2) Applications for stations where special circumstances exist that 
make it necessary to deviate from the ERP and antenna heights in Table 2 
will be submitted to the frequency coordinator accompanied by a 
technical analysis, based upon generally accepted engineering practices 
and standards, that demonstrates that the requested station parameters 
will not produce a signal strength in excess of 39 dBu at any point 
along the edge of the requested service area. The coordinator may then 
recommend any ERP appropriate to meet this condition.
    (3) An applicant for a station with a service area radius greater 
than 32 km (20 mi) must justify the requested service area radius, which 
may be authorized only in accordance with table 2, note 4. For base 
stations with service areas greater than 80 km, all operations 80 km or 
less from the base station will be on a primary basis and all operations 
outside of 80 km from the base station will be on a secondary basis and 
will be entitled to no protection from primary operations.

                                   Table 2--450-470 MHz--Maximum ERP/Reference HAAT for a Specific Service Area Radius
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                Service area radius (km)
                                                               -----------------------------------------------------------------------------------------
                                                                   3        8        13       16       24       32     40 \4\   48 \4\   64 \4\   80 \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum ERP (w) \1\...........................................        2      100  \2\ 500  \2\ 500  \2\ 500  \2\ 500  \2\ 500  \2\ 500  \2\ 500  \2\ 500

[[Page 359]]

 
Up to reference HAAT (m) \3\..................................       15       15       15       27       63      125      250      410      950     2700
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Maximum ERP indicated provides for a 39 dBu signal strength at the edge of the service area per FCC Report R-6602, Fig. 29 (See Sec.  73.699, Fig.
  10 b).
\2\ Maximum ERP of 500 watts allowed. Signal strength at the service area contour may be less than 39 dBu.
\3\ When the actual antenna HAAT is greater than the reference HAAT, the allowable ERP will be reduced in accordance with the following equation:
  ERPallow = ERPmax  x  (HAATref / HAATactual)\2\.
\4\ Applications for this service area radius may be granted upon specific request with justification and must include a technical demonstration that
  the signal strength at the edge of the service area does not exceed 39 dBu.

    (h) 470-512 MHz. Power and height limitations are specified in 
Secs. 90.307 and 90.309.
    (i) 806-824/851-869 MHz and 896-901/935-940 MHz. Power and height 
limitations are specified in Sec. 90.635.
    (j) 902-928 MHz. LMS systems operating pursuant to subpart M of this 
part in the 902-927.25 MHz band will be authorized a maximum of 30 watts 
ERP. LMS equipment operating in the 927.25-928 MHz band will be 
authorized a maximum of 300 watts ERP. ERP must be measured as peak 
envelope power. Antenna heights will be as specified in Sec. 90.353(h).
    (k) 929-930 MHz. Limitations on power and antenna heights are 
specified in Sec. 90.494.
    (l) 2450-2483.5 MHz. The maximum transmitter power is 5 watts.
    (m) All other frequency bands. Requested transmitter power will be 
considered and authorized on a case by case basis.
    (n) The output power shall not exceed by more than 20 percent either 
the output power shown in the Radio Equipment List [available in 
accordance with Sec. 90.203(a)(1)] for transmitters included in this 
list or when not so listed, the manufacturer's rated output power for 
the particular transmitter specifically listed on the authorization.

[60 FR 37262, July 19, 1995, as amended at 62 FR 2039, Jan. 15, 1997]



Sec. 90.207  Types of emissions.

    Unless specified elsewhere in this part, stations will be authorized 
emissions as provided for in paragraphs (b) through (n) of this section.
    (a) Most common emission symbols. For a complete listing of emission 
symbols allowable under this part, see Sec. 2.201 of this chapter.
    (1) The first symbol indicates the type of modulation on the 
transmitter carrier.

A--Amplitude modulation, double sideband with identical information on 
each sideband.
F--Frequency modulation.
G--Phase modulation.
J--Single sideband with suppressed carrier.
P--Unmodulated pulse.
W--Cases not covered above, in which an emission consists of the main 
carrier modulated, either simultaneously or in a pre-established 
sequence, in a combination of two or more of the following modes: 
amplitude, angle, pulse.

    (2) The second symbol indicates the type of signal modulating the 
transmitter carrier.

0--No modulation.
1--Digital modulation, no subcarrier.
2--Digital modulation, modulated subcarrier.
3--Analog modulation.

    (3) The third symbol indicates the type of transmitted information.

A--Telegraphy for aural reception.
B--Telegraphy for machine reception.
C--Facsimile.
D--Data, telemetry, and telecommand.
E--Voice.
N--No transmitted information.
W--Combination of the above.

    (b) Authorizations to use A3E, F3E, or G3E emission also include the 
use of emissions for tone signals or signaling devices whose sole 
functions are to establish an to maintain communications, to provide 
automatic station identification, and for operations in the Public 
Safety Pool, to activate emergency warning devices used solely for the 
purpose of advising the general

[[Page 360]]

public or emergency personnel of an impending emergency situation.
    (c) The use of F3E or G3E emission in these services will be 
authorized only on frequencies above 25 MHz.
    (d) Except for Traveler's Information stations in the Public Safety 
Pool authorized in accordance with Sec. 90.242, only J3E emission will 
be authorized for telephony systems on frequencies below 25 MHz.
    (e) For non-voice paging operations, only A1A, A1D, A2B, A2D, F1B, 
F1D, F2B, F2D, G1B, G1D, G2B, or G2D emissions will be authorized.
    (f) For radioteleprinter operations that may be authorized in 
accordance with Sec. 90.237, only F1B, F2B, G1B or G2B emissions will be 
authorize above 25 MHz, and A1B or A2B emissions below 25 MHz.
    (g) For radiofacsimile operations that may be authorized in 
accordance with Sec. 90.237, only F3C or G3C emissions will be 
authorized above 25 MHz, and A3C emissions below 25 MHz.
    (h) [Reserved]
    (i) For telemetry operations, when specifically authorized under 
this part, only A1D, A2D, F1D, or F2D emissions will be authorized.
    (j) For call box operations that may be authorized in accordance 
with Sec. 90.241, only A1A, A1D, A2B, A2D, F1B, F1D, F2B, F2D, G1B, G1D, 
G2B, G2D, F3E or G3E emissions will be authorized.
    (k) For radiolocation operations as may be authorized in accordance 
with subpart F, unless otherwise provided for any type of emission may 
be authorized upon a satisfactory showing of need.
    (l) For stations in the Public Safety and Industrial/Business Pools 
utilizing digital voice modulation, in either the scrambled or 
unscrambled mode, F1E or G1E emission will be authorized. Authorization 
to use F3Y emission is construed to include the use of F1D, F2D, G1D, or 
G2D emission subject to the provisions of Sec. 90.233.
    (m) For narrowband operations in a 3.6 kHz maximum authorized 
bandwith, any modulation type may be used which complies with the 
emission limitations of Sec. 90.209.
    (n) Other emissions. Requests for emissions other than those listed 
in paragraphs (c) through (e) of this section will be considered on a 
case-by-case basis to ensure that the requested emission will not cause 
more interference than other currently permitted emissions.

[49 FR 48711, Dec. 14, 1984, as amended at 50 FR 13606, Apr. 5, 1985; 50 
FR 25240, June 18, 1985; 52 FR 29856, Aug. 12, 1987; 54 FR 38681, Sept. 
20, 1989; 60 FR 15252, Mar. 23, 1995; 60 FR 37263, July 19, 1995; 62 FR 
2039, Jan. 15, 1997; 62 FR 18927, Apr. 17, 1997]



Sec. 90.209  Bandwidth limitations.

    (a) Each authorization issued to a station licensed under this part 
will show an emission designator representing the class of emission 
authorized. The designator will be prefixed by a specified necessary 
bandwidth. This number does not necessarily indicate the bandwidth 
occupied by the emission at any instant. In those cases where Sec. 2.202 
of this chapter does not provide a formula for the computation of 
necessary bandwidth, the occupied bandwidth, as defined in part 2 of 
this chapter, may be used in lieu of the necessary bandwidth.
    (b) The maximum authorized single channel bandwidth of emission 
corresponding to the type of emission specified in Sec. 90.207 is as 
follows:
    (1) For A1A or A1B emissions, the maximum authorized bandwidth is 
0.25 kHz. The maximum authorized bandwidth for type A3E emission is 8 
kHz.
    (2) For operations below 25 MHz utilizing J3E emission, the 
bandwidth occupied by the emission shall not exceed 3000 Hz. The 
assigned frequency will be specified in the authorization. The 
authorized carrier frequency will be 1400 Hz lower in frequency than the 
assigned frequency. Only upper sideband emission may be used. In the 
case of regularly available double sideband radiotelephone channels, an 
assigned frequency for J3E emissions is available either 1600 Hz below 
or 1400 Hz above the double sideband radiotelephone assigned frequency.
    (3) For all other types of emissions, the maximum authorized 
bandwidth shall not be more than that normally authorized for voice 
operations.
    (4) Where a frequency is assigned exclusively to a single licensee, 
more than a single emission may be used

[[Page 361]]

within the authorized bandwidth. In such cases, the frequency stability 
requirements of Sec. 90.213 must be met for each emission.
    (5) Unless specified elsewhere, channel spacings and bandwidths that 
will be authorized in the following frequency bands are given in the 
following table.

                   Standard Channel Spacing/Bandwidth
------------------------------------------------------------------------
                                               Channel
            Frequency band (MHz)               spacing     Authorized
                                                (kHz)    bandwidth (kHz)
------------------------------------------------------------------------
Below 25 \2\................................
25-50.......................................     20              20
72-76.......................................     20              20
150-174.....................................  \1\ 7.5     1,3 20/11.25/6
220-222.....................................      5               4
421-512 \2\.................................  \1\ 6.25    1,3 20/11.25/6
806-821/851-866.............................     25              20
821-824/866-869.............................     12.5            20
896-901/935-940.............................     12.5            13.6
902-928 \4\.................................
929-930.....................................     25              20
1427-1435 \2\...............................
2450-2483.52 \2\............................
Above 2500 \2\..............................
------------------------------------------------------------------------
\1\ For stations authorized on or after August 18, 1995.
\2\ Bandwidths for radiolocation stations in the 420-450 MHz band and
  for stations operating in bands subject to this footnote will be
  reviewed and authorized on a case-by-case basis.
\3\ Operations using equipment designed to operate with a 25 kHz channel
  bandwidth will be authorized a 20 kHz bandwidth. Operations using
  equipment designed to operate with a 12.5 kHz channel bandwidth will
  be authorized a 11.25 kHz bandwidth. Operations using equipment
  designed to operate with a 6.25 kHz channel bandwidth will be
  authorized a 6 kHz bandwidth.
\4\ The maximum authorized bandwidth shall be 12 MHz for non-
  multilateration LMS operations in the band 909.75-921.75 MHz and 2 MHz
  in the band 902.00-904.00 MHz. The maximum authorized bandwidth for
  multilateration LMS operations shall be 5.75 MHz in the 904.00-909.75
  MHz band; 2 MHz in the 919.75-921.75 MHz band; 5.75 MHz in the 921.75-
  927.25 MHz band and its associated 927.25-927.50 MHz narrowband
  forward link; and 8.00 MHz if the 919.75-921.75 MHz and 921.75-927.25
  MHz bands and their associated 927.25-927.50 MHz and 927.50-927.75 MHz
  narrowband forward links are aggregated.


[60 FR 37263, July 19, 1995]



Sec. 90.210  Emission masks.

    Except as indicated elsewhere in this part, transmitters used in the 
radio services governed by this part must comply with the emission masks 
outlined in this section. Unless otherwise stated, per paragraphs 
(d)(4), (e)(4), and (m) of this section, measurements of emission power 
can be expressed in either peak or average values provided that emission 
powers are expressed with the same parameters used to specify the 
unmodulated transmitter carrier power. For transmitters that do not 
produce a full power unmodulated carrier, reference to the unmodulated 
transmitter carrier power refers to the total power contained in the 
channel bandwidth. Unless indicated elsewhere in this part, the table in 
this section specifies the emission masks for equipment operating in the 
frequency bands governed under this part.


                        Applicable Emission Masks
------------------------------------------------------------------------
                                  Mask for equipment  Mask for equipment
      Frequency band (MHz)       with audio low pass   without audio low
                                        filter            pass filter
------------------------------------------------------------------------
Below 25 \1\...................  A or B.............  A or C
25-50..........................  B..................  C
72-76..........................  B..................  C
150-174 \2\....................  B, D, or E.........  C, D, or E
150 Paging-only................  B..................  C
220-222........................  F..................  F
421-512 \2\....................  B, D, or E.........  C, D, or E
450 Paging-only................  B..................  G
806-821/851-866 \3\............  B..................  G
821-824/866-869................  B..................  H
896-901/935-940................  I..................  J
902-928........................  K..................  K
929-930........................  B..................  G
Above 940......................  B..................  C
All other bands................  B..................  C
------------------------------------------------------------------------
\1\ Equipment using single sideband J3E emission must meet the
  requirements of Emission Mask A. Equipment using other emissions must
  meet the requirements of Emission Mask B or C, as applicable.
\2\ Equipment designed to operate with a 25 kHz channel bandwidth must
  meet the requirements of Emission Mask B or C, as applicable.
  Equipment designed to operate with a 12.5 kHz channel bandwidth must
  meet the requirements of Emission Mask D, and equipment designed to
  operate with a 6.25 kHz channel bandwidth must meet the requirements
  of Emission Mask E.
\3\ Equipment used in this band licensed to EA or non-EA systems shall
  comply with the emission mask provisions of Sec.  90.691.

    (a) Emission Mask A. For transmitters utilizing J3E emission, the 
carrier must be at least 40 dB below the peak envelope power and the 
power of emissions must be reduced below the output power (P in watts) 
of the transmitter as follows:
    (1) On any frequency removed from the assigned frequency by more 
than 50 percent, but not more than 150 percent of the authorized 
bandwidth: At least 25 dB.
    (2) On any frequency removed from the assigned frequency by more 
than 150 percent, but not more than 250 percent of the authorized 
bandwidth: At least 35 dB.
    (3) On any frequency removed from the assigned frequency by more 
than 250 percent of the authorized bandwidth: At least 43 + 10 log P dB.
    (b) Emission Mask B. For transmitters that are equipped with an 
audio low-pass filter pursuant to Sec. 90.211(a), the

[[Page 362]]

power of any emission must be below the unmodulated carrier power (P) as 
follows:
    (1) On any frequency removed from the assigned frequency by more 
than 50 percent, but not more than 100 percent of the authorized 
bandwidth: At least 25 dB.
    (2) On any frequency removed from the assigned frequency by more 
than 100 percent, but not more than 250 percent of the authorized 
bandwidth: At least 35 dB.
    (3) On any frequency removed from the assigned frequency by more 
than 250 percent of the authorized bandwidth: At least 43 + 10 log (P) 
dB.
    (c) Emission Mask C. For transmitters that are not equipped with an 
audio low-pass filter pursuant to Sec. 90.211(b), the power of any 
emission must be attenuated below the unmodulated carrier output power 
(P) as follows:
    (1) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of more 
than 5 kHz, but not more than 10 kHz: At least 83 log (fd/5) 
dB;
    (2) On any frequency removed from the center of the authorized 
bandwidth 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 (fd\2\/11) dB or 50 dB, whichever is the 
lesser attenuation;
    (3) On any frequency removed from the center of the authorized 
bandwidth by more than 250 percent of the authorized bandwidth: At least 
43 + 10 log (P) dB.
    (d) Emission Mask D--12.5 kHz channel bandwidth equipment. For 
transmitters designed to operate with a 12.5 kHz channel bandwidth, any 
emission must be attenuated below the power (P) of the highest emission 
contained within the authorized bandwidth as follows:
    (1) On any frequency from the center of the authorized bandwidth 
f0 to 5.625 kHz removed from f0: Zero dB.
    (2) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of more 
than 5.625 kHz but no more than 12.5 kHz: At least 7.27(fd - 
2.88 kHz) dB.
    (3) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of more 
than 12.5 kHz: At least 50 + 10 log (P) dB or 70 dB, whichever is the 
lesser attenuation.
    (4) The reference level for showing compliance with the emission 
mask shall be established using a resolution bandwidth sufficiently wide 
(usually two to three times the channel bandwidth) to capture the true 
peak emission of the equipment under test. In order to show compliance 
with the emissions mask up to and including 50 kHz removed from the edge 
of the authorized bandwidth, adjust the resolution bandwidth to 100 Hz 
with the measuring instrument in a peak hold mode. A sufficient number 
of sweeps must be measured to insure that the emission profile is 
developed. If video filtering is used, its bandwidth must not be less 
than the instrument resolution bandwidth. For emissions beyond 50 kHz 
from the edge of the authorized bandwidth, see paragraph (m) of this 
section. If it can be shown that use of the above instrumentation 
settings do not accurately represent the true interference potential of 
the equipment under test, then an alternate procedure may be used 
provided prior Commission approval is obtained.
    (e) Emission Mask E--6.25 kHz or less channel bandwidth equipment. 
For transmitters designed to operate with a 6.25 kHz or less bandwidth, 
any emission must be attenuated below the power (P) of the highest 
emission contained within the authorized bandwidth as follows:
    (1) On any frequency from the center of the authorized bandwidth 
f0 to 3.0 kHz removed from f0: Zero dB.
    (2) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of more 
than 3.0 kHz but no more than 4.6 kHz: At least 30 + 16.67(fd 
- 3 kHz) or 55 + 10 log (P) or 65 dB, whichever is the lesser 
attenuation.
    (3) On any frequency removed from the center of the authorized 
bandwidth by more than 4.6 kHz: At least 55 + 10 log (P) or 65 dB, 
whichever is the lesser attenuation.
    (4) The reference level for showing compliance with the emission 
mask shall be established using a resolution bandwidth sufficiently wide 
(usually

[[Page 363]]

two to three times the channel bandwidth) to capture the true peak 
emission of the equipment under test. In order to show compliance with 
the emissions mask up to and including 50 kHz removed from the edge of 
the authorized bandwidth, adjust the resolution bandwidth to 100 Hz with 
the measuring instrument in a peak hold mode. A sufficient number of 
sweeps must be measured to insure that the emission profile is 
developed. If video filtering is used, its bandwidth must not be less 
than the instrument resolution bandwidth. For emissions beyond 50 kHz 
from the edge of the authorized bandwidth, see paragraph (m) of this 
section. If it can be shown that use of the above instrumentation 
settings do not accurately represent the true interference potential of 
the equipment under test, then an alternate procedure may be used 
provided prior Commission approval is obtained.
    (f) Emission Mask F. For transmitters operating in the 220-222 MHz 
frequency band, any emission must be attenuated below the power (P) of 
the highest emission contained within the authorized bandwidth as 
follows:
    (1) On any frequency from the center of the authorized bandwidth 
fo to the edge of the authorized bandwidth fe: 
Zero dB.
    (2) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of more 
than 2 kHz up to and including 3.75 kHz: 30 + 20(fd -2) dB or 
55 + 10 log (P), or 65 dB, whichever is the lesser attenuation.
    (3) On any frequency beyond 3.75 kHz removed from the center of the 
authorized bandwidth fd: At least 55 + 10 log (P) dB.
    (g) Emission Mask G. For transmitters that are not equipped with an 
audio low-pass filter pursuant to Sec. 90.211(b), the power of any 
emission must be attenuated below the unmodulated carrier power (P) as 
follows:
    (1) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of more 
than 5 kHz, but no more than 10 kHz: At least 83 log (fd/5) 
dB;
    (2) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of more 
than 10 kHz, but no more than 250 percent of the authorized bandwidth: 
At least 116 log (fd/6.1) dB, or 50 + 10 log (P) dB, or 70 
dB, whichever is the lesser attenuation;
    (3) On any frequency removed from the center of the authorized 
bandwidth by more than 250 percent of the authorized bandwidth: At least 
43 + 10 log (P) dB.
    (h) Emission Mask H. For transmitters that are not equipped with an 
audio low-pass filter pursuant to Sec. 90.211(b), the power of any 
emission must be attenuated below the unmodulated carrier power (P) as 
follows:
    (1) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of 4 kHz or 
less: Zero dB.
    (2) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of more 
than 4 kHz, but no more than 8.5 kHz: At least 107 log (fd/4) 
dB;
    (3) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of more 
than 8.5 kHz, but no more than 15 kHz: At least 40.5 log (fd/
1.16) dB;
    (4) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of more 
than 15 kHz, but no more than 25 kHz: At least 116 log (fd/
6.1) dB;
    (5) On any frequency removed from the center of the authorized 
bandwidth by more than 25 kHz: At least 43 + log (P) dB.
    (i) Emission Mask I. For transmitters that are equipped with an 
audio low pass filter pursuant to Sec. 90.211(a), the power of any 
emission must be attenuated below the unmodulated carrier power of the 
transmitter (P) as follows:
    (1) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency of more than 6.8 kHz, but no more 
than 9.0 kHz: At least 25 dB;
    (2) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency of more than 9.0 kHz, but no more 
than 15 kHz: At least 35 dB;
    (3) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency of more than 15 kHz: At least 43 + 
10 log (P) dB,

[[Page 364]]

or 70 dB, whichever is the lesser attenuation.
    (j) Emission Mask J. For transmitters that are not equipped with an 
audio low-pass filter pursuant to Sec. 90.211(b), the power of any 
emission must be attenuated below the unmodulated carrier power of the 
transmitter (P) as follows:
    (1) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of more 
than 2.5 kHz, but no more than 6.25 kHz: At least 53 log (fd/
2.5) dB;
    (2) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of more 
than 6.25 kHz, but no more than 9.5 kHz: At least 103 log 
(fd/3.9) dB;
    (3) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of more 
than 9.5 kHz: At least 157 log (fd/5.3) dB, or 50 + 10 log 
(P) dB or 70 dB, whichever is the lesser attenuation.
    (k) Emission Mask K--(1) Wideband multilateration transmitters. For 
transmitters authorized under subpart M to provide forward or reverse 
links in a multilateration system in the subbands 904-909.75 MHz, 
921.75-927.25 MHz and 919.75-921.75 MHz, and which transmit an emission 
occupying more than 50 kHz bandwidth: in any 100 kHz band, the center 
frequency of which is removed from the center of authorized sub-band(s) 
by more than 50 percent of the authorized bandwidth, the power of 
emissions shall be attenuated below the transmitter output power, as 
specified by the following equation, but in no case less than 31 dB:

A=16+0.4 (D-50)+10 log B (attenuation greater than 66 dB is not 
    required)

Where:

A=attenuation (in decibels) below the maximum permitted output power 
level
D=displacement of the center frequency of the measurement bandwidth from 
the center frequency of the authorized sub-band, expressed as a 
percentage of the authorized bandwidth B
B=authorized bandwidth in megahertz.

    (2) Narrowband forward link transmitters. For LMS multilateration 
narrowband forward link transmitters operating in the 927.25-928 MHz 
frequency band the power of any emission shall be attenuated below the 
transmitter output power (P) in accordance with following schedule:

On any frequency outside the authorized sub-band and removed from the 
edge of the authorized sub-band by a displacement frequency 
(fd in kHz): at least 116 log ((fd+10)/6.1) dB or 
50 + 10 log (P) dB or 70 dB, whichever is the lesser attenuation.

    (3) Other transmitters. For all other transmitters authorized under 
Subpart M, the peak power of any emission shall be attenuated below the 
power of the highest emission contained within the licensee's LMS sub-
band in accordance with the following schedule:
    (i) On any frequency within the authorized bandwidth: Zero dB;
    (ii) On any frequency outside the licensee's LMS sub-band edges: 
55+10log(P) dB where (P) is the highest emission (watts) of the 
transmitter inside the licensee's LMS sub-band.
    (4) The resolution bandwidth of the instrumentation used to measure 
the emission power shall be 100 kHz, except that, in regard to paragraph 
(2) of this section, a minimum spectrum analyzer resolution bandwidth of 
300 Hz shall be used for measurement center frequencies within 1 MHz of 
the edge of the authorized subband. If a video filter is used, its 
bandwidth shall not be less than the resolution bandwidth.
    (5) Emission power shall be measured in peak values.
    (6) The LMS sub-band edges for non-multilateration systems for which 
emissions must be attenuated are 902.00, 904.00, 909.5 and 921.75 MHz.
    (l) Other frequency bands. Transmitters designed for operation under 
this part on frequencies other than listed in this section must meet the 
emission mask requirements of Emission Mask B. Equipment operating under 
this part on frequencies allocated to but shared with the Federal 
Government, must meet the applicable Federal Government technical 
standards.
    (m) Instrumentation. The reference level for showing compliance with 
the emission mask shall be established, except as indicated in 
Secs. 90.210 (d), (e), and (k), using standard engineering practices for 
the modulation characteristic used by the equipment under test. When 
measuring emissions in the 150-174 MHz and 421-512 MHz the following

[[Page 365]]

procedures will apply. A sufficient number of sweeps must be measured to 
insure that the emission profile is developed. If video filtering is 
used, its bandwidth must not be less than the instrument resolution 
bandwidth. For frequencies more than 50 kHz removed from the edge of the 
authorized bandwidth a resolution of at least 10 kHz must be used for 
frequencies below 1000 MHz. Above 1000 MHz the resolution bandwidth of 
the instrumentation must be at least 1 MHz. If it can be shown that use 
of the above instrumentation settings do not accurately represent the 
true interference potential of the equipment under test, then an 
alternate procedure may be used provided prior Commission approval is 
obtained.

[60 FR 37264, July 19, 1995, as amended at 61 FR 4235, Feb. 5, 1996; 61 
FR 6155, Feb. 16, 1996; 61 FR 18986, Apr. 30, 1996; 62 FR 41214, July 
31, 1997; 62 FR 52044, Oct. 6, 1997]



Sec. 90.211  Modulation requirements.

    Each transmitter must meet the requirements of either paragraph (a) 
or (b) of this section. The requirements of this paragraph do not apply 
to mobile stations that are authorized to operate with a maximum power 
output of 2 watts or less.
    (a) Transmitters utilizing analog emissions that are equipped with 
an audio low-pass filter must meet the emission limitations specified in 
Sec. 90.210. Testing must be in accordance with the rules specified in 
part 2 of this chapter.
    (b) Transmitters utilizing digital or analog emissions without an 
audio low-pass filter must be tested for certification using the digital 
or analog modulating signal or signals specified by the part 2 of this 
chapter. The certification application must contain such information as 
may be necessary to demonstrate that the transmitter complies with the 
emission limitations specified in Sec. 90.210.

[60 FR 37266, July 19, 1995, as amended at 62 FR 2039, Jan. 15, 1997; 63 
FR 36610, July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 90.211 was 
amended in paragraph (b) by removing the term ``type acceptance'' each 
place it appears and adding in its place ``certification'', effective 
Oct. 5, 1998.



Sec. 90.212  Provisions relating to the use of scrambling devices and digital voice modulation.

    (a) Analog scrambling techniques may be employed at any station 
authorized the use of A3E, F3E, or G3E emission, subject to the 
provision of paragraph (d) of this section.
    (b) The use of digital scrambling techniques or digital voice 
modulation requires the specific authorization of F1E or G1E emission, 
and these emissions will only be authorized subject to the provisions of 
paragraph (d) of this section.
    (c) The transmission of any non-voice information or data under the 
authorization of F1E or G1E emission is prohibited. However, stations 
authorized the use of F1E or G1E emission may also be authorized F1D, 
F2D, G1D or G2D emission for non-voice communication purposes, pursuant 
to paragraph (k) of Sec. 90.207.
    (d) Station identification shall be transmitted in the unscrambled 
analog mode (clear voice) or Morse code in accordance with the 
provisions of Sec. 90.425. All digital encoding and digital modulation 
shall be disabled during station identification.

[43 FR 54791, Nov. 22, 1978, as amended at 47 FR 15340, Apr. 9, 1982; 49 
FR 48711, Dec. 14, 1984]



Sec. 90.213  Frequency stability.

    (a) Unless noted elsewhere, transmitters used in the services 
governed by this part must have a minimum frequency stability as 
specified in the following table.

                       Minimum Frequency Stability
                        [Parts per million (ppm)]
------------------------------------------------------------------------
                                                        Mobile stations
                                                     -------------------
                                          Fixed and    Over 2    2 watts
         Frequency range (MHz)              base        watts    or less
                                          stations     output    output
                                                        power     power
------------------------------------------------------------------------
Below 25..............................   1,2,3 100       100       200
25-50                                           20        20        50
72-76.................................           5    ........      50
150-174...............................      5,11 5     \6\ 5    4,6 50
220-222 \12\..........................           0.1       1.5       1.5
421-512...............................   7,11,14 2.5   \8\ 5     \8\ 5
806-821...............................        14 1.5       2.5       2.5
821-824...............................        14 1.0       1.5       1.5
851-866...............................           1.5       2.5       2.5

[[Page 366]]

 
866-869...............................           1.0       1.5       1.5
896-901...............................        14 0.1       1.5       1.5
902-928...............................           2.5       2.5       2.5
902-928 \13\..........................           2.5       2.5       2.5
929-930...............................           1.5  ........  ........
935-940...............................           0.1       1.5       1.5
1427-1435.............................     \9\ 300       300       300
Above 2450 \10\.......................  ............  ........  ........
------------------------------------------------------------------------
\1\ Fixed and base stations with over 200 watts transmitter power must
  have a frequency stability of 50 ppm except for equipment used in the
  Public Safety Pool where the frequency stability is 100 ppm.
\2\ For single sideband operations below 25 MHz, the carrier frequency
  must be maintained within 50 Hz of the authorized carrier frequency.
\3\ Travelers information station transmitters operating from 530-1700
  kHz and transmitters exceeding 200 watts peak envelope power used for
  disaster communications and long distance circuit operations pursuant
  to Secs.  90.242 and 90.264 must maintain the carrier frequency to
  within 20 Hz of the authorized frequency.
\4\ Stations operating in the 154.45 to 154.49 MHz or the 173.2 to 173.4
  MHz bands must have a frequency stability of 5 ppm.
\5\ In the 150-174 MHz band, fixed and base stations with a 12.5 kHz
  channel bandwidth must have a frequency stability of 2.5 ppm. Fixed
  and base stations with a 6.25 kHz channel bandwidth must have a
  frequency stability of 1.0 ppm.
\6\ In the 150-174 MHz band, mobile stations designed to operate with a
  12.5 kHz channel bandwidth or designed to operate on a frequency
  specifically designated for itinerant use or designed for low-power
  operation of two watts or less, must have a frequency stability of 5.0
  ppm. Mobile stations designed to operate with a 6.25 kHz channel
  bandwidth must have a frequency stability of 2.0 ppm.
\7\ In the 421-512 MHz band, fixed and base stations with a 12.5 kHz
  channel bandwidth must have a frequency stability of 1.5 ppm. Fixed
  and base stations with a 6.25 kHz channel bandwidth must have a
  frequency stability of 0.5 ppm.
\8\ In the 421-512 MHz band, mobile stations designed to operate with a
  12.5 kHz channel bandwidth must have a frequency stability of 2.5 ppm.
  Mobile stations designed to operate with a 6.25 kHz channel bandwidth
  must have a frequency stability of 1.0 ppm.
\9\ Fixed stations with output powers above 120 watts and necessary
  bandwidth less than 3 kHz must operate with a frequency stability of
  100 ppm. Fixed stations with output powers less than 120 watts and
  using time-division multiplex, must operate with a frequency stability
  of 500 ppm.
\10\ Frequency stability to be specified in the station authorization.
\11\ Paging transmitters operating on paging-only frequencies must
  operate with frequency stability of 5 ppm in the 150-174 MHz band and
  2.5 ppm in the 421-512 MHz band.
\12\ Mobile units may utilize synchronizing signals from associated base
  stations to achieve the specified carrier stability.
\13\ Fixed non-multilateration transmitters with an authorized bandwidth
  that is more than 40 kHz from the band edge, intermittently operated
  hand-held readers, and mobile transponders are not subject to
  frequency tolerance restrictions.
\14\ Control stations may operate with the frequency tolerance specified
  for associated mobile frequencies.

    (b) For the purpose of determining the frequency stability limits, 
the power of a transmitter is considered to be the maximum rated output 
power as specified by the manufacturer.

[60 FR 37266, July 19, 1995, as amended at 61 FR 4235, Feb. 5, 1996; 61 
FR 18986, Apr. 30, 1996; 61 FR 38403, July 24, 1996; 62 FR 2040, Jan. 
15, 1997; 62 FR 18927, Apr. 17, 1997]



Sec. 90.214  Transient frequency behavior.

    Transmitters designed to operate in the 150-174 MHz and 421-512 MHz 
frequency bands must maintain transient frequencies within the maximum 
frequency difference limits during the time intervals indicated:

----------------------------------------------------------------------------------------------------------------
                                                                                  All equipment
        Time intervals 1, 2              Maximum frequency     -------------------------------------------------
                                          difference \3\              150 to 174 MHz           421 to 512 MHz
----------------------------------------------------------------------------------------------------------------
                Transient Frequency Behavior for Equipment Designed to Operate on 25 kHz Channels
----------------------------------------------------------------------------------------------------------------
t1 4..............................   25.0 kHz       5.0 ms                      10.0 ms
t2................................   12.5 kHz       20.0 ms                     25.0 ms
t3 4..............................   25.0 kHz       5.0 ms                      10.0 ms
----------------------------------------------------------------------------------------------------------------
               Transient Frequency Behavior for Equipment Designed to Operate on 12.5 kHz Channels
----------------------------------------------------------------------------------------------------------------
t1 4..............................   12.5 kHz       5.0 ms                      10.0 ms
t2................................   6.25 kHz       20.0 ms                     25.0 ms
t3 4..............................   12.5 kHz       5.0 ms                      10.0 ms
----------------------------------------------------------------------------------------------------------------
               Transient Frequency Behavior for Equipment Designed to Operate on 6.25 kHz Channels
----------------------------------------------------------------------------------------------------------------
t1 4..............................   6.25 kHz       5.0 ms                      10.0 ms
t2................................   3.125 kHz      20.0 ms                     25.0 ms
t3 4..............................   6.25 kHz       5.0 ms                      10.0 ms
----------------------------------------------------------------------------------------------------------------
\1\ t on is the instant when a 1 kHz test signal is completely suppressed, including any capture time due to
  phasing.
t 1 is the time period immediately following ton.
t2 is the time period immediately following t1.
t3 is the time period from the instant when the transmitter is turned off until toff.
toff is the instant when the 1 kHz test signal starts to rise.
2 During the time from the end of t2 to the beginning of t3, the frequency difference must not exceed the limits
  specified in Sec.  90.213.
3 Difference between the actual transmitter frequency and the assigned transmitter frequency.
4 If the transmitter carrier output power rating is 6 watts or less, the frequency difference during this time
  period may exceed the maximum frequency difference for this time period.


[[Page 367]]

[62 FR 2040, Jan. 15, 1997]



Sec. 90.215  Transmitter measurements.

    (a) The licensee of each station shall employ a suitable procedure 
to determine that the carrier frequency of each transmitter authorized 
to operate with an output power in excess of two watts is maintained 
within the tolerence prescribed in Sec. 90.213. This determination shall 
be made, and the results entered in the station records in accordance 
with the following:
    (1) When the transmitter is initially installed;
    (2) When any change is made in the transmitter which may affect the 
carrier frequency or its stability.
    (b) The licensee of each station shall employ a suitable procedure 
to determine that each transmitter authorized to operate with an output 
power in excess of two watts does not exceed the maximum figure 
specified on the current station authorization. On authorizations 
stating only the input power to the final radiofrequency stage, the 
maximum permissible output power is 75 percent for frequencies below 25 
MHz and 60 percent of the input power for frequencies above 25 MHz. If a 
non-DC final radiofrequency stage is utilized, then the output power 
shall not exceed 75 percent of the input power. This determination shall 
be made, and the results thereof entered into the station records, in 
accordance with the following:
    (1) When the transmitter is initially installed;
    (2) When any change is made in the transmitter which may increase 
the transmitter power input.
    (c) The licensee of each station shall employ a suitable procedure 
to determine that the modulation of each transmitter, which is 
authorized to operate with an output power in excess of two watts, does 
not exceed the limits specified in this part. This determination shall 
be made and the following results entered in the station records, in 
accordance with the following:
    (1) When the transmitter is initially installed;
    (2) When any change is made in the transmitter which may affect the 
modulation characteristics.
    (d) The determinations required by paragraphs (a), (b), and (c) of 
this section may, at the opinion of the licensee, be made by a qualified 
engineering measurement service, in which case the required record 
entries shall show the name and address of the engineering measurement 
service as well as the name of the person making the measurements.
    (e) In the case of mobile transmitters, the determinations required 
by paragraphs (a) and (c) of this section may be made at a test or 
service bench: Provided, That the measurements are made under load 
conditions equivalent to actual operating conditions; and provided 
further, that after installation in the mobile unit the transmitter is 
given a routine check to determine that it is capable of being received 
satisfactorly by an appropriate receiver.



Sec. 90.217  Exemption from technical standards.

    Except as noted herein, transmitters used at stations licensed below 
800 MHz on any frequency listed in subparts B and C of this part or 
licensed on a business category channel above 800 MHz which have an 
output power not exceeding 120 milliwatts are exempt from the technical 
requirements set out in this subpart, but must instead comply with the 
following:
    (a) For equipment designed to operate with a 25 kHz channel 
bandwidth, the sum of the bandwidth occupied by the emitted signal plus 
the bandwidth required for frequency stability shall be adjusted so that 
any emission appearing on a frequency 40 kHz or more removed from the 
assigned frequency is attenuated at least 30 dB below the unmodulated 
carrier.
    (b) For equipment designed to operate with a 12.5 kHz channel 
bandwidth, the sum of the bandwidth occupied by the emitted signal plus 
the bandwidth required for frequency stability shall be adjusted so that 
any emission appearing on a frequency 25 kHz or more removed from the 
assigned frequency is attenuated at least 30 dB below the unmodulated 
carrier.

[[Page 368]]

    (c) For equipment designed to operate with a 6.25 kHz channel 
bandwidth, the sum of the bandwidth occupied by the emitted signal plus 
the bandwidth required for frequency stability shall be adjusted so that 
any emission appearing on a frequency 12.5 kHz or more removed from the 
assigned frequency is attenuated at least 30 dB below the unmodulated 
carrier.
    (d) Transmitters may be operated in the continuous carrier transmit 
mode.

[60 FR 37267, July 19, 1995, as amended at 62 FR 2041, Jan. 15, 1997; 62 
FR 18927, Apr. 17, 1997]



Sec. 90.219  Use of signal boosters.

    Licensees authorized to operate radio systems in the frequency bands 
above 150 MHz may employ signal boosters at fixed locations in 
accordance with the following criteria:
    (a) The amplified signal is retransmitted only on the exact 
frequency(ies) of the originating base, fixed, mobile, or portable 
station(s). The booster will fill in only weak signal areas and cannot 
extend the system's normal signal coverage area.
    (b) Class A narrowband signal boosters must be equipped with 
automatic gain control circuitry which will limit the total effective 
radiated power (ERP) of the unit to a maximum of 5 watts under all 
conditions. Class B broadband signal boosters are limited to 5 watts ERP 
for each authorized frequency that the booster is designed to amplify.
    (c) Class A narrowband boosters must meet the out-of-band emission 
limits of Sec. 90.209 for each narrowband channel that the booster is 
designed to amplify. Class B broadband signal boosters must meet the 
emission limits of Sec. 90.209 for frequencies outside of the booster's 
design passband.
    (d) Class B broadband signal boosters are permitted to be used only 
in confined or indoor areas such as buildings, tunnels, underground 
areas, etc., or in remote areas, i.e., areas where there is little or no 
risk of interference to other users.
    (e) The licensee is given authority to operate signal boosters 
without separate authorization from the Commission. Certificated 
equipment must be employed and the licensee must ensure that all 
applicable rule requirements are met.
    (f) Licensees employing either Class A narrowband or Class B 
broadband signal boosters as defined in Sec. 90.7 are responsible for 
correcting any harmful interference that the equipment may cause to 
other systems. Normal co-channel transmissions will not be considered as 
harmful interference. Licensees will be required to resolve interference 
problems pursuant to Sec. 90.173(b).

[61 FR 31052, June 19, 1996, as amended at 63 FR 36610, July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 90.219 was 
amended in paragraph (e) by removing the term ``type-accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



          Subpart J--Non-Voice and Other Specialized Operations



Sec. 90.231  Scope.

    This subpart sets forth requirements and standards for licensing and 
operation of non-voice and other specialized radio uses (other than 
radiolocation). Such uses include secondary signaling, telemetry, 
radioteleprinter, radiofacsimile, automatic vehicle monitoring (AVM), 
radio call box, relay, vehicular repeater, and control station 
operations.



Sec. 90.233  Base/mobile non-voice operations.

    The use of A1D, A2D, F1D, F2D, G1D, or G2D emission may be 
authorized to base/mobile operations in accordance with the following 
limitations and requirements.
    (a) Licensees employing non-voice communications are not relieved of 
their responsibility to cooperate in the shared use of land mobile radio 
channels. See also Secs. 90.403 and 90.173(a) and (b).
    (b) Authorization for non-voice emission may be granted only on 
frequencies subject to the coordination requirements set forth in 
Sec. 90.175. Non-voice operations on frequencies not subject to these 
requirements are permitted only a secondary basis to voice 
communications.

[[Page 369]]

    (c) Provisions of this section do not apply to authorizations for 
paging, telemetry, radiolocation, AVM, radioteleprinter, radio call box 
operations, or authorizations granted pursuant to subpart T of this 
part.

[48 FR 2794, Feb. 3, 1983, as amended at 49 FR 48711, Dec. 14, 1984; 56 
FR 19602, Apr. 29, 1991]



Sec. 90.235  Secondary fixed signaling operations.

    Fixed operations may, subject to the following conditions, be 
authorized on a secondary basis for voice, tone or impulse signaling on 
a licensee's mobile service frequency(ies) above 25 MHz within the area 
normally covered by the licensee's mobile system. Voice signaling will 
be permitted only in the Public Safety Pool.
    (a) The bandwidth shall not exceed that authorized to the licensee 
for the primary operations on the frequency concerned.
    (b) The output power shall not exceed 30 watts at the remote site.
    (c) A1D, A2D, F1D, F2D, G1D and G2D emissions may be authorized. In 
the Police Radio Service, A3E, F1E, F2E, F3E, G1E, G2E, or G3E emissions 
may also be authorized.
    (d) Except for those systems covered under paragraph (e) of this 
section, the maximum duration of any non-voice signaling transmission 
shall not exceed 2 seconds and shall not be repeated more than 3 times. 
Signaling transmissions may be staggered at any interval or may be 
continuous. In the Public Safety Pool, the maximum duration of any voice 
signaling transmission shall not exceed 6 seconds and shall not be 
repeated more than 3 times.
    (e) Until December 31, 1999, for systems in the Public Safety Pool 
authorized prior to June 20, 1975, and Power and Petroleum licensees as 
defined in Sec. 90.7 authorized prior to June 1, 1976, the maximum 
duration of any signaling transmission shall not exceed 6 seconds and 
shall not be repeated more than 5 times. For Power licensees authorized 
between June 1, 1976, and August 14, 1989, signaling duration shall not 
exceed 2 seconds and shall not be repeated more than 5 times. Such 
systems include existing facilities and additional facilities which may 
be authorized as a clear and direct expansion of existing facilities. 
After December 31, 1999, all signaling systems shall be required to 
comply with the two second message duration and three message repetition 
requirements.
    (f) Systems employing automatic interrogation shall be limited to 
non-voice techniques and shall not be activated for this purpose more 
than 10 seconds out of any 60 second period. This 10 second timeframe 
includes both transmit and response times.
    (g) Automatic means shall be provided to deactivate the transmitter 
in the event the r.f. carrier remains on for a period in excess of 3 
minutes or if a transmission for the same signaling function is repeated 
consecutively more than five times.
    (h) Fixed stations authorized pursuant to the provisions of this 
section are exempt from the requirements of Secs. 90.137(b), 90.425, and 
90.429.
    (i) Base, mobile, or mobile relay stations may transmit secondary 
signaling transmissions to receivers at fixed locations subject to the 
conditions set forth in this section.
    (j) Under the provisions of this section, a mobile service frequency 
may not be used exclusively for secondary signaling.
    (k) The use of secondary signaling will not be considered in whole 
or in part as a justification for authorizing additional frequencies in 
a licensee's land mobile radio system.
    (l) Secondary fixed signaling operations conducted in accordance 
with the provisions of Secs. 90.317(a), or 90.637(c), or 90.731 are 
exempt from the foregoing provisions of this section.

[54 FR 28679, July 7, 1989, as amended at 57 FR 34693, Aug. 6, 1992; 58 
FR 30996, May 28, 1993; 60 FR 50123, Sept. 28, 1995; 62 FR 18927, Apr. 
17, 1997]



Sec. 90.237  Interim provisions for operation of radioteleprinter and radiofacsimile devices.

    These provisions authorize and govern the use of radioteleprinter 
and radiofacsimile devices for base station use (other than on mobile-
only or paging-only frequencies) in all radio pools and services except 
Radiolocation in this part.

[[Page 370]]

    (a) Information must be submitted with an application to establish 
that the minimum separation between a proposed radioteleprinter or 
radiofacsimile base station and the nearest co-channel base station of 
another licensee operating a voice system is 120 km. (75 mi.) for a 
single frequency mode of operation, or 56 km. (35 mi.) two frequency 
mode of operation. Where this minimum mileage separation cannot be 
achieved, either agreement to the use of F1B, F2B, F3C, G1B, G2B or G3C 
emission must be received from all existing co-channel licensees using 
voice emission within the applicable mileage limits, or if agreement was 
not received, the licensee of the radioteleprinter or radiofacsimile 
system is responsible for eliminating any interference with preexisting 
voice operations. New licenses of voice operations will be expected to 
share equally any frequency occupied by established radioteleprinter or 
radiofacsimile operations.
    (b) The application must list the manufacturer and model number of 
the radioteleprinter or radiofacsimile system to be employed, or contain 
a detailed technical description of the system.
    (c) Transmitters certificated under this part for use of G3E or F3E 
emission may also be used for F1B, F2B, F3C, G1B, G2B or G3C emission 
for radioteleprinter or radiofacsimile, provided the keying signal is 
passed through the low pass audio frequency filter required for G3E or 
F3E emission. The transmitter must be so adjusted and operated that the 
instantaneous frequency deviation does not exceed the maximum value 
allowed for G3E or F3E.
    (d) Frequencies will not be assigned exclusively for F1B, F2B, F3C, 
G1B, G2B or G3C emission for radioteleprinter or radiofacsimile (except 
where specifically provided for in the frequency limitations).
    (e) The requirements in this part applicable to the use of G3E or 
F3E emission are also applicable to the use of F1B, F2B, F3C, G1B, G2B 
or G3C emission for radioteleprinter and radiofacsimile transmissions.
    (f) The station identification required by Sec. 90.425 must be given 
by voice or Morse code.
    (g) For single sideband operations in accordance with Sec. 90.266, 
transmitters certificated under this part for use of J3E emissions may 
also be used for A2B and F2B emission for radioteleprinter 
transmissions. Transmitters certificated under this part for use of J3E 
emissions in accordance with Secs. 90.63(d)(1), 90.65(c)(1), 90.73(d)(1) 
and 90.81(d)(13) may also be used for A1B, A2B, F1B, F2B, J2B, and A3C 
emissions to provide standby backup circuits for operational 
telecommunications circuits which have been disrupted, where so 
authorized in other sections of this part.

[43 FR 54791, Nov. 22, 1978, as amended at 49 FR 48712, Dec. 14, 1984; 
51 FR 14998, Apr. 22, 1986; 62 FR 18927, Apr. 17, 1997; 63 FR 36610, 
July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 90.237 was 
amended in paragraphs (c) and (g) by removing the term ``type-accepted'' 
each place it appears and adding in its place ``certificated'', 
effective Oct. 5, 1998.



Sec. 90.238  Telemetry operations.

    The use of telemetry is authorized under this part on the following 
frequencies.
    (a) 72-76 MHz (in accordance with Sec. 90.257 and subject to the 
rules governing the use of that band).
    (b) 154.45625, 154.46375, 154.47125, and 154.47875 MHz (subject to 
the rules governing the use of those frequencies).
    (c) 173.20375, 173.210, 173.2375, 173.2625, 173.2875, 173.3125, 
173.3375, 173.3625, 173.390, and 173.39625 MHz (subject to the rules 
governing the use of those frequencies).
    (d) 216-220 and 1427-1435 MHz (as available in the Public Safety and 
Industrial/Business Pools and in accordance with Sec. 90.259).
    (e) In the 450-470 MHz band, telemetry operations will be authorized 
on a secondary basis with a transmitter output power not to exceed 2 
watts on frequencies subject to Sec. 90.20(d)(27) or Sec. 90.35(c)(30).
    (f) 220-222 MHz as available under subpart T of this part.

[[Page 371]]

    (g) 450-470 MHz band (as available for secondary fixed operations in 
accordance with Sec. 90.261).
    (h) 458-468 MHz band (as available in the Public Safety Pool for 
bio-medical telemetry operations).
    (i) Frequencies available for low power (2 watts or less) operations 
in the Industrial/Business Pool.

[44 FR 17183, Mar. 21, 1979, as amended at 46 FR 45955, Sept. 16, 1981; 
50 FR 39680, Sept. 30, 1985; 50 FR 40976, Oct. 8, 1985; 56 FR 19603, 
Apr. 29, 1991; 60 FR 37268, July 19, 1995; 61 FR 6576, Feb. 21, 1996; 62 
FR 18927, Apr. 17, 1997]



Sec. 90.239  [Reserved]



Sec. 90.241  Radio call box operations.

    (a) The frequencies in the 72-76 MHz band listed in 
Sec. 90.257(a)(1) may be assigned in the Public Safety Pool for 
operation or radio call boxes to be used by the public to request fire, 
police, ambulance, road service, and other emergency assistance, subject 
to the following conditions and limitations:
    (1) Maximum transmitter power will be either 2.5 watts plate input 
to the final stage or 1 watt output.
    (2) Antenna gain shall not exceed zero dBd (referred to a half-wave 
dipole) in any horizontal direction.
    (3) Only vertical polarization of antennas shall be permitted.
    (4) The antenna and its supporting structure must not exceed 6.1 m 
(20 feet) in height above the ground.
    (5) Only A1D, A2D, F1D, F2D, G1D, or G2D emission shall be 
authorized.
    (6) The transmitter frequency tolerance shall be 0.005 percent.
    (7) Except for test purposes, each transmission must be limited to a 
maximum of two seconds and shall not be automatically repeated more than 
two times at spaced intervals within the following 30 seconds. 
Thereafter, the authorized cycle may not be reactivated for one minute.
    (8) All transmitters installed after December 10, 1970, shall be 
furnished with an automatic means to deactivate the transmitter in the 
event the carrier remains on for a period in excess of three minutes. 
The automatic cutoff system must be designed so the transmitter can be 
only manually reactivated.
    (9) Frequency selection must be made with regard to reception of 
television stations on channels 4 (66-72 MHz) and 5 (76-82 MHz) and 
should maintain the greatest possible frequency separation from either 
or both of these channels, if they are assigned in the area.
    (b) [Reserved]
    (c) Frequencies in the 450-470 MHz band which are designated as 
available for assignment to central control stations and radio call box 
installations in Sec. 90.20(c) or Sec. 90.20(d)(58) may be assigned in 
the Public Safety Pool for highway call box systems subject to the 
following requirements:
    (1) Call box transmitters shall be installed only on limited access 
highways and may communicate only with central control stations of the 
licensee.
    (2) Maximum transmitter power for call boxes will be either 2.5 
watts input to the final amplifier stage or one watt output. The central 
control station shall not exceed 25 watts effective radiated power 
(ERP).
    (3) The height of a call box antenna may not exceed 6.1 meters (20 
feet) above the ground, the natural formation, or the existing man-made 
structure (other than an antenna supporting structure) on which it is 
mounted. A central station transmitting antenna, together with its 
supporting structure shall not exceed 15 m. (50 ft.) above the ground 
surface.
    (4) Only F1D, F2D, F3E, G1D, G2D, or G3E, emission may be authorized 
for nonvoice signaling, radiotelephony, and multiplexed voice and 
nonvoice use. The provisions in this part applicable to the use of F3E 
or G3E emission are also applicable to the use of F1D, F2D, G1D or G2D 
emission for call box transmitters.
    (5) The station identification required by Sec. 90.425 shall be by 
voice and may be transmitted for the system from the central control 
station. Means shall be provided at each central control station 
location to automatically indicate the call box unit identifier when a 
call box unit is activated.
    (6) Call box installations must be so designed that their unit 
identifier is automatically transmitted when the handset is lifted.
    (7) Each application for a call box system must include a 
description of

[[Page 372]]

the nonvoice transmitting equipment. This description shall specify the 
character structure, bit rate, modulating tone frequencies, 
identification codes, and the method of modulation (i.e., frequency 
shift, tone shift, or tone phase shift).
    (8) Call box installations may be used secondarily for the 
transmission of information from roadside sensors. Central control 
station transmitters may be used secondarily to interrogate call box 
roadside sensors and for the transmission of signals to activate 
roadside signs.
    (9) Each call box transmitter must be provided with a timer which 
will automatically deactivate the transmitter after 2 minutes unless the 
central control station operator reactivates the timer cycle.
    (10) The central control station must include facilities that permit 
direct control of any call box in the system.
    (11) Call box transmitter frequency tolerance shall be 0.001 
percent.
    (12) Transmitters certificated under this part for use of F3E or G3E 
emission may be used for F1D, F2B, G2B or G2D emission provided that the 
audio tones or digital data bits are passed through the low pass audio 
filter required to be provided in the transmitter for F3E or G3E 
emission. The transmitter must be adjusted and operated so that the 
instantaneous frequency deviation does not exceed the maximum value 
allowed for F3E or G3E emission.
    (d) In addition to the frequencies available pursuant to 
Sec. 90.20(c) the frequencies set forth in Sec. 90.20(d)(58) may be used 
for central control station and call box installations in areas where 
such frequencies are available for fixed system use subject to the 
requirements and limitations of that section and subject to the 
provisions of paragraphs (c) (1), (4), (5), (6), (7), (8), (9), (10), 
and (12) of this section.
    (e) In accordance with subpart Q of this part, the frequencies 
available pursuant to Sec. 90.20(c) or Sec. 90.20(d)(58) for central 
control station and call box installations may be assigned for 
developmental operation as part of a highway safety communication 
program which is designed to provide radio communications directly with 
motorists to and from their motor vehicles.

[43 FR 54791, Nov. 22, 1978; 44 FR 32219, June 5, 1979; 49 FR 48712, 
Dec. 14, 1984; 50 FR 39680, Sept. 30, 1985; 50 FR 40976, Oct. 8, 1985; 
54 FR 38681, Sept. 20, 1989; 54 FR 45891, Oct. 31, 1989; 58 FR 44957, 
Aug. 25, 1993; 62 FR 18927, Apr. 17, 1997; 63 FR 36610, July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 90.241 was 
amended in paragraph (c)(12) by removing the term ``Type accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



Sec. 90.242  Travelers' information stations.

    (a) The frequencies 530 through 1700 kHz in 10 kHz increments may be 
assigned to the Public Safety Pool for the operation of Travelers' 
Information Stations subject to the following conditions and 
limitations.
    (1) For Travelers' Information Station applications only, 
eligibility requirements as set forth in Sec. 90.20(a) are extended to 
include park districts and authorities.
    (2) Each application for a station or system shall be accompanied 
by:
    (i) A statement certifying that the transmitting site of the 
Travelers Information Station will be located at least 15 km (9.3 miles) 
measured orthogonally outside the measured 0.5 mV/m daytime contour (0.1 
mV/m for Class A stations) of any AM broadcast station operating on a 
first adjacent channel or at least 130 km (80.6 miles) outside the 
measured 0.5 mV/m daytime contour (0.1 mV/m for Class A stations) of any 
AM broadcast station operating on the same channel, or, if nighttime 
operation is proposed, outside the theoretical 0.5 mV/m-50% nighttime 
skywave contour of a U.S. Class A station. If the measured contour is 
not available, then the calculated 0.5 mV/m field strength contour shall 
be acceptable. These contours are available for inspection at the 
concerned AM broadcast station and FCC offices in Washington, DC.
    (ii) In consideration of possible cross-modulation and inter-
modulation interference effects which may result from the operation of a 
Travelers Information Station in the vicinity of an AM broadcast station 
on the second or third adjacent channel, the applicant

[[Page 373]]

shall certify that he has considered these possible interference effects 
and, to the best of his knowledge, does not foresee interference 
occurring to broadcast stations operating on second or third adjacent 
channels.
    (iii) A map showing the geographical location of each transmitter 
site and an estimate of the signal strength at the contour of the 
desired coverage area. For a cable system, the contour to be shown is 
the estimated field strength at 60 meters (197 feet) from any point on 
the cable. For a conventional radiating antenna, the estimated field 
strength contour at 1.5 km (0.93 mile) shall be shown. A contour map 
comprised of actual on-the-air measurements shall be submitted to the 
Commission within 60 days after station authorization or completion of 
station construction, whichever occurs later. A sufficient number of 
points shall be chosen at the specified distances (extrapolated 
measurements are acceptable) to adequately show compliance with the 
field strength limits.
    (iv) For each transmitter site, the transmitter's output power, the 
type of antenna utilized, its length (for a cable system), its height 
above ground, distance from transmitter to the antenna, and the 
elevation above sea level at the transmitting site.
    (3) Travelers Information Stations will be authorized on a secondary 
basis to stations authorized on a primary basis in the bands 510-535 and 
1605-1715 kHz.
    (4) A Travelers Information Station authorization may be suspended, 
modified, or withdrawn by the Commission without prior notice of right 
to hearing if necessary to resolve interference conflicts, to implement 
agreements with foreign governments, or in other circumstances 
warranting such action.
    (5) The transmitting site of each Travelers' Information Station 
shall be restricted to the immediate vicinity of the following specified 
areas: Air, train, and bus transportation terminals, public parks and 
historical sites, bridges, tunnels, and any intersection of a Federal 
Interstate Highway with any other Interstate, Federal, State, or local 
highway.
    (6) A Travelers Information Station shall normally be authorized to 
use a single transmitter. However, a system of stations, with each 
station in the system employing a separate transmitter, may be 
authorized for a specified area provided sufficient need is demonstrated 
by the applicant.
    (7) Travelers Information Stations shall transmit only noncommercial 
voice information pertaining to traffic and road conditions, traffic 
hazard and travel advisories, directions, availability of lodging, rest 
stops and service stations, and descriptions of local points of 
interest. It is not permissible to identify the commercial name of any 
business establishment whose service may be available within or outside 
the coverage area of a Travelers Information Station. However, to 
facilitate announcements concerning departures/arrivals and parking 
areas at air, train, and bus terminals, the trade name identification of 
carriers is permitted.
    (b) Technical standards. (1) The use of 6K00A3E emission will be 
authorized, however N0N emission may be used for purposes of receiver 
quieting, but only for a system of stations employing ``leaky'' cable 
antennas.
    (2) A frequency tolerance of 100 Hz shall be maintained.
    (3) For a station employing a cable antenna, the following 
restrictions apply:
    (i) The length of the cable antenna shall not exceed 3.0 km (1.9 
miles).
    (ii) Transmitter RF output power shall not exceed 50 watts and shall 
be adjustable downward to enable the user to comply with the specified 
field strength limit.
    (iii) The field strength of the emission on the operating frequency 
shall not exceed 2 mV/m when measured with a standard field strength 
meter at a distance of 60 meters (197 feet) from any part of the 
station.
    (4) For a station employing a conventional radiating antenna(s) (ex. 
vertical monopole, directional array) the following restrictions apply:
    (i) The antenna height above ground level shall not exceed 15.0 
meters (49.2 feet).
    (ii) Only vertical polarization of antennas shall be permitted.
    (iii) Transmitter RF output power shall not exceed 10 watts to 
enable the

[[Page 374]]

user to comply with the specified field strength limit.
    (iv) The field strength of the emission on the operating frequency 
shall not exceed 2 mV/m when measured with a standard field strength 
meter at a distance of 1.50 km (0.93 miles) from the transmitting 
antenna system.
    (5) For co-channel stations operating under different licenses, the 
following minimum separation distances shall apply:
    (i) 0.50 km (0.31 miles) for the case when both stations are using 
cable antennas.
    (ii) 7.50 km (4.66 miles) for the case when one station is using a 
conventional antenna and the other is using a cable antenna.
    (iii) 15.0 km (9.3 miles) for the case when both stations are using 
conventional antennas.
    (6) For a system of co-channel transmitters operating under a single 
authorization utilizing either cable or conventional antennas, or both, 
no minimum separation distance is required.
    (7) An applicant desiring to locate a station that does not comply 
with the separation requirements of this section shall coordinate with 
the affected station.
    (8) Each transmitter in a Travelers Information Station shall be 
equipped with an audio low-pass filter. Such filter shall be installed 
between the modulation limiter and the modulated stage. At audio 
frequencies between 3 kHz and 20 kHz this filter shall have an 
attenuation greater than the attenuation at 1 kHz by at least:

60 log10 (f/3) decibels.


where ``f'' is the audio frequency in kHz. At audio frequencies above 20 
kHz, the attenuation shall be at least 50 decibels greater than the 
attenuation at 1 kHz.

[43 FR 54791, Nov. 22, 1978; 44 FR 67118, Nov. 23, 1979; 49 FR 48712, 
Dec. 14, 1984, as amended at 54 FR 39740, Sept. 28, 1989; 56 FR 64874, 
Dec. 12, 1991; 62 FR 18928, Apr. 17, 1997]



Sec. 90.243  Mobile relay stations.

    (a) Mobile relay operations will be authorized on frequencies below 
512 MHz, except in the Radiolocation Service.
    (b) Special provisions for mobile relay operations:
    (1) In the Public Safety Pool, medical services systems in the 150-
160 MHz band are permitted to be cross-banded for mobile and central 
stations operations with mobile relay stations authorized to operate in 
the 450-470 MHz band.
    (2) [Reserved]
    (3) In the Industrial/Business Pool, on frequencies designated with 
an ``LR'' in the coordinator column of the frequency table in 
Sec. 90.35(b)(3), mobile relay operation shall be on a secondary basis 
to other co-channel operations.
    (4) Except where specifically precluded, a mobile relay station may 
be authorized to operate on any frequency available for assignment to 
base stations.
    (5) A mobile station associated with mobile relay station(s) may not 
be authorized to operate on a frequency below 25 MHz.
    (c) Technical requirements for mobile relay stations.
    (1) Each new mobile relay station with an output power of more than 
one watt, and authorized after January 1, 1972, that is activated by 
signals below 50 MHz shall deactivate the station upon cessation of 
reception of the activating continuous coded tone signal. Licensees may 
utilize a combination of digital selection and continuous coded tone 
control where required to insure selection of only the desired mobile 
relay station.
    (2) Mobile relay stations controlled by signals above 50 MHz or 
authorized prior to January 1, 1972, to operate below 50 MHz are not 
required to incorporate coded signal or tone control devices unless the 
transmitters are consistently activated by undesired signals and cause 
harmful interference to other licensees. If activation by undesired 
signals causes harmful interference, the Commission will require the 
installation of tone control equipment within 90 days of a notice to the 
licensee.
    (3) Except in the Industrial/Business Pool, on frequencies 
designated with an ``LR'' in the coordinator column of the frequency 
table in Sec. 90.35(b)(3), each new mobile-relay station authorized 
after January 1, 1972, shall be equipped

[[Page 375]]

for automatic deactivation of the transmitter within 5 seconds after the 
signals controlling the station cease.
    (4) Except in the Industrial/Business Pool, on frequencies 
designated with an ``LR'' in the coordinator column of the frequency 
table in Sec. 90.35(b)(3), each new mobile-relay station authorized 
after January 1, 1972, during periods that is not controlled from a 
manned fixed control point; shall have an automatic time delay or clock 
device that will deactivate the station not more than 3 minutes after 
its activation by a mobile unit.
    (5) In the Industrial/Business Pool, on frequencies designated with 
an ``LR'' in the coordinator column of the frequency table in 
Sec. 90.35(b)(3), each mobile relay station, regardless of the frequency 
or frequencies of the signal by which it is activated shall be so 
designated and installed that it will be deactivated automatically when 
its associated receiver or receivers are not receiving a signal on the 
frequency or frequencies which normally activate it.
    (6) Multiple mobile relay station radio systems shall use wireline 
or radio stations on fixed frequencies for any necessary interconnect 
circuits between the mobile relay stations.

[43 FR 54791, Nov. 22, 1978, as amended at 49 FR 40177, Oct. 15, 1984; 
50 FR 13606, Apr. 5, 1985; 50 FR 39680, Sept. 30, 1985; 50 FR 40976, 
Oct. 8, 1985; 54 FR 39740, Sept. 28, 1989; 56 FR 19603, Apr. 29, 1991; 
56 FR 32517, July 17, 1991; 60 FR 37268, July 19, 1995; 61 FR 6576, Feb. 
21, 1996; 62 FR 18928, Apr. 17, 1997]



Sec. 90.245  Fixed relay stations.

    Except where specifically provided for, fixed relay stations shall 
be authorized to operate only on frequencies available for use by 
operational fixed stations.



Sec. 90.247  Mobile repeater stations.

    A mobile station authorized to operate on a mobile service frequency 
above 25 MHz may be used as a mobile repeater to extend the 
communications range of hand-carried units subject to the following:
    (a) Mobile repeaters and/or associated hand-carried transmitters may 
be assigned separate base/mobile frequencies for this use in addition to 
the number of frequencies normally assignable to the licensee.
    (b) In the Industrial/Business Pool, on frequencies below 450 MHz, 
only low power frequencies (2 watts or less output power) may be 
assigned for use by mobile repeaters or by hand-carried transmitters 
whose communications are directed to mobile repeaters, when separate 
frequencies are assigned for that purpose.
    (c) Except as provided in paragraph (d) of this section, hand-
carried transmitters whose communications will be automatically relayed 
by mobile stations shall be limited to a maximum output power of 2.5 
watts.
    (d) In the Industrial/Business Pool, on frequencies designated with 
an ``LR'' in the coordinator column of the frequency table in 
Sec. 90.35(b)(3), use of mobile repeaters is on a secondary basis to the 
stations of any other licensee. Hand carried units used in connection 
with mobile repeaters on frequencies designated with an ``LR'' in the 
coordinator column of the frequency table in Sec. 90.35(b)(3) may 
operate only above 150 MHz and are limited to a maximum output power of 
six watts. The frequency and maximum power shall be specified in the 
station authorization.
    (e) In the Industrial/Business Pool, on frequencies designated with 
an ``LR'' in the coordinator column of the frequency table in 
Sec. 90.35(b)(3), the output power of a mobile repeater station, when 
transmitting as a repeater station on the frequency used for 
communication with its associated pack-carried or hand-carried units, 
shall not exceed 6 watts except when the same frequency is also used by 
the same station for direct communication with vehicular mobile units or 
with one or more base stations.
    (f) When automatically retransmitting messages originated by or 
destined for hand-carried units, each mobile station shall activate the 
mobile transmitter only with a continuous coded tone, the absence of 
which will de-activate the mobile transmitter. The continuous coded tone 
is not required when the mobile unit is equipped with a switch that 
activates the automatic

[[Page 376]]

mode of the mobile unit and an automatic time-delay device that de-
activates the transmitter after any uninterrupted transmission period in 
excess of 3 minutes.

[43 FR 54791, Nov. 22, 1978, as amended at 62 FR 18928, Apr. 17, 1997]



Sec. 90.249  Control stations.

    Control stations associated with land mobile stations under this 
part shall be authorized to operate subject to the following:
    (a) Frequencies for control stations. (1) Control stations may be 
authorized to operate on frequencies available for use by operational 
fixed stations.
    (2) A control station associated with mobile relay station(s) may, 
at the option of the applicant, be assigned the frequency of the 
associated mobile station. In the Industrial/Business Pool, on 
frequencies designated with an ``LR'' in the coordinator column of the 
frequency table in Sec. 90.35(b)(3), such a control station may be 
assigned any mobile service station frequency available for assignment 
to mobile stations. Such operation is on a secondary basis to use of the 
frequency for regular mobile service communications.
    (3) Control and fixed stations in the Public Safety Pool may be 
authorized on a temporary basis to operate on frequencies available for 
base and mobile stations between 152 and 450 MHz, where there is an 
adequate showing that such operations cannot be conducted on frequencies 
allocated for assignment to operational fixed stations. Such operation 
will not be authorized initially or renewed for periods in excess of one 
year. Any such authorization shall be subject to immediate termination 
if harmful interference is caused to stations in the mobile service, or 
if the particular frequency is required for mobile service operations in 
the area concerned.
    (b) [Reserved]
    (c) A base station which is used intermittently as a control station 
for one or more associated mobile relay stations of the same licensee 
shall operate only on the mobile service frequency assigned to the 
associated mobile relay station when operating as a base station and on 
the mobile service frequency assigned to the associated mobile station 
when operating as a control station. Authority for such dual 
classification and use must be shown on the station authorization. When 
operating as a control station, the licensee must meet all control 
station requirements. In the Industrial/Business Pool, on frequencies 
designated with an ``LR'' in the coordinator column of the frequency 
table in Sec. 90.35(b)(3), base stations used intermittently as control 
stations shall operate only on a mobile service frequency which is 
available for assignment to base stations.

[43 FR 54791, Nov. 22, 1978, as amended at 49 FR 36376, Sept. 17, 1984; 
62 FR 18928, Apr. 17, 1997]



Sec. 90.250  Meteor burst communications.

    Meteor burst communications may be authorized for the use of private 
radio stations subject to the following provisions:
    (a) Station operation is limited to the State of Alaska only.
    (b) The frequency 44.20 MHz may be used for base station operation 
and 45.90 MHz for remote station operation on a primary basis. The 
frequencies 42.40 and 44.10 MHz may be used by base and remote stations, 
respectively, on a secondary basis to common carrier stations utilizing 
meteor burst communications. Users shall cooperate among themselves to 
the extent practicable to promote compatible operation.
    (c) The maximum transmitter output power shall not exceed 2000 watts 
for base stations and 500 watts for remote stations.
    (d) Co-channel base stations of different licensees shall be located 
at least 241 km (150 miles) apart. A remote station and a base station 
of different licensees shall be located at least 241 km (150 miles) 
apart if the remote units of the different licensees operate on the same 
frequency. Waiver of this requirement may be granted if affected users 
agree to a cooperative sharing arrangement.
    (e) The authorized emission designator to be used in F1E, F7W, G1E 
or G7W to allow for Phase Shift Keying (PSK) or Frequency Shift Keying 
(FSK).
    (f) The maximum authorized bandwidth is 20 kHz (20 F1E, F7W, G1E or 
G7W).

[[Page 377]]

    (g) Station identification in accordance with Sec. 90.425(a) or (b) 
shall only be required for the base station.
    (h) Stations may be required to comply with additional conditions of 
operation as necessary on a case-by-case basis as specified in the 
authorization.
    (i) Stations employing meteor burst communications shall not cause 
interference to other stations operating in accordance with the 
allocation table. New authorizations will be issued subject to the 
Commission's developmental grant procedure as outlined in subpart Q of 
this part. Prior to expiration of the developmental authorization, 
application Form 574 should be filed for issuance of a permanent 
authorization.

[48 FR 34043, July 27, 1983, as amended at 49 FR 48712, Dec. 14, 1984; 
58 FR 44957, Aug. 25, 1993]



     Subpart K--Standards for Special Frequencies or Frequency Bands



Sec. 90.251  Scope.

    This subpart sets forth special requirements applicable to the use 
of certain frequencies or frequency bands.

[54 FR 39740, Sept. 28, 1989]



Sec. 90.253  Use of frequency 5167.5 kHz.

    The frequency 5167.5 kHz may be used by any station authorized under 
this part to communicate with any other station in the State of Alaska 
for emergency communications. The maximum power permitted is 150 watts 
peak envelope power (PEP). All stations operating on this frequency must 
be located in or within 50 nautical miles (92.6 km) of the State of 
Alaska. This frequency may also be used by stations authorized in the 
Alaska-private fixed service for calling and listening, but only for 
establishing communication before switching to another frequency.

[49 FR 32201, Aug. 13, 1984]



Sec. 90.255  [Reserved]



Sec. 90.257  Assignment and use of frequencies in the band 72-76 MHz.

    (a) The following criteria shall govern the authorization and use of 
frequencies within the band 72-76 MHz by fixed stations. (For call box 
operations see Sec. 90.241).
    (1) The following frequencies in the band 72-76 MHz may be used for 
fixed operations:

                                  MHz:

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

    (2) All authorizations are subject to the condition that no harmful 
interference will be caused to television reception on Channels 4 and 5.
    (3) The applicant must agree to eliminate any harmful interference 
caused by his operation to TV reception on either Channel 4 or 5 that 
might develop by whatever means are necessary. Such action must be taken 
within 90 days of notification by the Commission. If such interference 
is not eliminated within the 90-day period, operation of the fixed 
station will be discontinued.
    (4) Vertical polarization must be used.
    (5) Whenever it is proposed to locate a 72-76 MHz fixed station less 
than 128 km (80 mi.) but more than 16 km (10 mi.) from the site of a TV 
transmitter

[[Page 378]]

operating on either channel 4 or 5, or from the post office of a 
community in which such channels are assigned but not in operation, the 
fixed station shall be authorized only if there are fewer than 100 
family dwelling units (as defined by the U.S. Bureau of the Census), 
excluding units 112 or more km (70 mi.) distant from the TV antenna 
site, located within a circle centered at the location of the proposed 
fixed station. The radius shall be determined by use of the following 
chart entitled, ``Chart for Determining Radius From Fixed Station in 72-
76 MHz Band to Interference Contour Along Which 10 Percent of Service 
From Adjacent Channel Television Station Would Be Destroyed.'' Two 
charts are available, one for Channel 4, and one for Channel 5. The 
Commission may, however, in a particular case, authorize the location of 
a fixed station within a circle containing 100 or more family dwelling 
units upon a showing that:
    (i) The proposed site is the only suitable location.
    (ii) It is not feasible, technically or otherwise, to use other 
available frequencies.
    (iii) The applicant has a plan to control any interference that 
might develop to TV reception from his operations.
    (iv) The applicant is financially able and agrees to make such 
adjustments in the TV receivers affected as may be necessary to 
eliminate any interference caused by his operations.
    (v) All applications seeking authority to operate with a separation 
of less than 16 km (10 mi.) will be returned without action.
    (b) The following criteria governs the authorization and use of 
frequencies in the 72-76 MHz band by mobile stations in the Industrial/
Business Pool.
    (1) Mobile operation on frequencies in the 72-76 MHz band is subject 
to the condition that no interference is caused to the reception of 
television stations operating on Channel 4 or 5. Interference will be 
considered to occur whenever reception of a regularly used television 
signal is impaired by signals radiated by stations operating under these 
rules in the 72 to 76 MHz band regardless of the quality of such 
reception or the strength of the signal used. In order to minimize the 
hazard of such interference, it shall be the duty of the licensee to 
determine whether interference is being caused to television reception, 
wherever television receivers other than those under the control of the 
licensee, are located within 31 m. (100 ft.) of any point where the 
stations licensed under these rules may be operated. In any case, it 
shall be the responsibility of the licensee to correct, at its own 
expense, any such interference and if the interference cannot be 
eliminated by the application of suitable techniques, the operation of 
the offending transmitter shall be suspended. If the complainant refuses 
to permit the licensee to apply remedial techniques which demonstrably 
will eliminate the interference without impairment of the original 
reception, the licensee is absolved of further responsibility.
    (2) The maximum transmitter output power that will be authorized is 
1 watt; and each station authorized will be classified and licensed as a 
mobile station. Any units of such a station, however, may be used to 
provide the operational functions of a base or fixed station. The 
antennas of transmitters operating on these frequencies must be directly 
mounted or installed upon the transmitting unit: Except that when 
permanently installed aboard a vehicle, antenna and transmitter may be 
separated as required for convenience in mounting. Horizontal 
polarization will not be allowed; and the gain of antennas employed 
shall not exceed that of a halfwave dipole. The maximum bandwidth that 
will be authorized is 20 kHz. Tone control transmissions are permitted.
    (c) Radio remote control of models is permitted on frequencies 10 
kHz removed from these frequencies authorized for fixed and mobile 
operations in the 72-76 MHz band. Remote control operations are 
secondary to operation of fixed and mobile stations as provided for in 
this section.

[[Page 379]]

[GRAPHIC] [TIFF OMITTED] TC02AP91.008


[[Page 380]]


[GRAPHIC] [TIFF OMITTED] TC02AP91.009

[43 FR 54791, Nov. 22, 1978; 44 FR 32219, June 5, 1979, as amended at 47 
FR 51879, Nov. 18, 1982; 49 FR 41249, Oct. 22, 1984; 54 FR 38681, Sept. 
20, 1989; 58 FR 30129, May 26, 1993; 60 FR 37268, July 19, 1995; 62 FR 
18928, Apr. 17, 1997]

[[Page 381]]



Sec. 90.259  Assignment and use of frequencies in the bands 216-220 MHz and 1427-1435 MHz.

    Frequencies in the bands 216-220 MHz and 1427-1435 MHz may be 
assigned to applicants under this part provided the band is listed in 
the individual radio pool under which they establish eligibility. Use of 
these bands is limited to telemetering purposes only and all operation 
is secondary to Federal Government operations. Operation in the band 
216-220 MHz is also secondary to the maritime mobile service and 
operation in the band 1427-1429 MHz is also secondary to the space 
operation service (earth-to-space). Base stations authorized in these 
bands shall be used to perform telecommand functions with associated 
mobile telemetering stations. Base stations may also command actions by 
the vehicle itself, but will not be authorized solely to perform this 
function. Airborne use will not be authorized. Each application will be 
coordinated with the Federal Government by the Federal Communications 
Commission and is subject to such technical and operational limitations 
as may be imposed by the government. Each application should include 
precise information concerning emission characteristics, transmitter 
frequency deviation, output power, type and directional characteristics, 
if any, of the antenna, and the minimum necessary hours of operation.

[43 FR 54791, Nov. 22, 1978, as amended at 54 FR 38681, Sept. 20, 1989; 
62 FR 18928, Apr. 17, 1997]



Sec. 90.261  Assignment and use of the frequencies in the band 450-470 MHz for fixed operations.

    (a) Frequencies in the 450-470 MHz band as listed in 
Sec. 90.20(c)(3) and Sec. 90.35(b)(3) may be assigned to all eligibles 
for fixed use on a secondary basis to land mobile operations.
    (b) Fixed stations located 140 km (87 mi) or more from the center of 
any urbanized area of 600,000 or more population are limited to a 
transmitter output power of 75 watts. Fixed stations less than 140 km 
(87 mi) from the centers of these areas are limited to a transmitter 
output power of 20 watts. Urbanized areas of 600,000 or more population 
are defined in the U.S. Census of Population 1970, Vol. 1, Table 20, 
pages 1-74. The centers of the urbanized areas are determined from the 
Appendix, page 226, of the U.S. Department of Commerce publication 
``Airline Distance Between Cities in the United States.''
    (c) All fixed systems are limited to one frequency pair with 5 MHz 
spacing and must employ directional antennas with a front-to-back ratio 
of 15 dB, except that omnidirectional antennas having unity gain may be 
employed by stations communicating with a minimum of three receiving 
locations encompassed in a sector of at least 160 deg. in azimuth. 
Stations authorized for secondary fixed operations prior to (effective 
date of the rules) may continue to operate under the conditions of their 
initial authorization.
    (d)-(e) [Reserved]
    (f) Secondary fixed operations pursuant to paragraph (a) of this 
section will not be authorized on the following frequencies:

                            Frequencies (MHz)

451.800/456.800
451.80625/456.80625
451.8125/456.8125
451.81875/456.81875
452.525
452.53125
452.5375
452.54375
452.550
452.55625
452.5625
452.56875
452.575
452.58125
452.5875
452.59375
452.600
452.60625
452.6125
452.61875
452.925/457.925
452.93125/457.93125
452.9375/457.9375
452.94375/457.94375
452.950/457.950
452.95625/457.95625
452.9625/457.9625
452.96875/457.96875
453.025/458.025
453.03125/458.03125
453.0375/458.0375
453.04375/458.04375
453.075/458.075
453.08125/458.08125
453.0875/458.0875
453.09375/458.09375
453.125/458.125
453.13125/458.13125
453.1375/458.1375
453.14375/458.14375
453.175/458.175
453.18125/458.18125
453.1875/458.1875
453.19375/458.19375
454.000/459.000
454.00625/459.00625
454.0125/459.0125
454.01875/459.01875
462.950/467.950
462.95625/467.95625
462.9625/467.9625
462.96875/467.96875
462.975/467.975
462.98125/467.98125
462.9875/467.9875
462.99375/467.99375
463.000/468.000
463.00625/468.00625
463.0125/468.0125
463.01875/468.01875
463.025/468.025
463.03125/468.03125
463.0375/468.0375
463.04375/468.04375
463.050/468.050
463.05625/468.05625
463.0625/468.0625
463.06875/468.06875

[[Page 382]]


463.075/468.075
463.08125/468.08125
463.0875/468.0875
463.09375/468.09375
463.100/468.100
463.10625/468.10625
463.1125/468.1125
463.11875/468.11875
463.125/468.125
463.13125/468.13125
463.1375/468.1375
463.14375/468.14375
463.150/468.150
463.15625/468.15625
463.1625/468.1625
463.16875/468.16875
463.175/468.175
463.18125/468.18125
463.1875/468.1875
463.19375/468.19375

[57 FR 24992, June 12, 1992, as amended at 58 FR 33212, June 16, 1993; 
60 FR 37268, July 19, 1995; 62 FR 18928, Apr. 17, 1997]



Sec. 90.263  Substitution of frequencies below 25 MHz.

    Frequencies below 25 MHz when shown in the radio pool frequency 
listings under this part will be assigned to base or mobile stations 
only upon a satisfactory showing that, from a safety of life standpoint, 
frequencies above 25 MHz will not meet the operational requirements of 
the applicant. These frequencies are available for assignment in many 
areas; however, in individual cases such assignment may be impracticable 
due to conflicting frequency use authorized to stations in other 
services by this and other countries. In such cases, a substitute 
frequency, if found to be available, may be assigned from the following 
bands 1605-1750, 2107-2170, 2194-2495, 2506-2850, 3155-3400, or 4438-
4650 kHz. Since such assignments are in certain instances subject to 
additional technical and operation limitation, it is necessary that each 
application also include precise information concerning transmitter 
output power, type and directional characteristics, if any, of the 
antenna, and the minimum necessary hours of operation. (This section is 
not applicable to the Radiolocation Radio Service, subpart F.)

[43 FR 54791, Nov. 22, 1978, as amended at 62 FR 18929, Apr. 17, 1997]



Sec. 90.264  Disaster communications between 2 and 10 MHz.

    (a) The use of any particular frequency between 2 and 10 MHz is 
limited to those frequencies falling within the bands allocated to the 
fixed and land mobile services as indicated in Sec. 2.106 of the 
Commission's Rules and Regulations.
    (b) Only in the following circumstances will authority be extended 
to stations to operate on the frequencies between 2 and 10 MHz:
    (1) To provide communications circuits in emergency and/or disaster 
situations, where safety of life and property are concerned;
    (2) To provide standby and/or backup communications circuits to 
regular domestic communications circuits which have been disrupted by 
disasters and/or emergencies.
    (c) The FCC will not accept responsibility for protection of the 
circuits from harmful interference caused by foreign operations.
    (d) In the event that a complaint of harmful interference resulting 
from operation of these circuits is received from a foreign source, the 
offending circuit(s) must cease operation on the particular frequency 
concerned immediately upon notification by the Commission.
    (e) In order to accomodate the situations described in paragraphs 
(c) and (d) of this section, the equipment shall be capable of 
transmitting and receiving on any frequency within the bands between 2 
and 10 MHz and capable of immediate change among the frequencies.
    (f) Only 2K80J3E, 100HA1A and those emission types listed in 
Sec. 90.237(g) are permitted.
    (g) Applicants must fulfill eligibility requirements set out in 
Sec. 90.20(d)(6) and shall submit disaster communications plans pursuant 
to Sec. 90.129(m).
    (h) Training exercises which require use of these frequencies for 
more than 420 minutes per week, cumulative, are not authorized without 
prior written approval from the Commission.

[46 FR 52373, Oct. 27, 1981, as amended at 48 FR 32831, July 19, 1983; 
49 FR 48712, Dec. 14, 1984; 62 FR 18929, Apr. 17, 1997]



Sec. 90.265  Assignment and use of frequencies in the bands 169-172 MHz and 406-413 MHz.

    (a) The following frequencies are available for assignment to fixed 
stations in the Industrial/Business Pool subject to the provisions of 
this section:

                            Frequencies (MHz)

169.425
169.450
169.475
169.500

[[Page 383]]


169.525
170.225
170.250
170.275
170.300
170.325
171.025
171.050
171.075
171.100
171.125
171.825
171.850
171.875
171.900
171.925
406.125
406.175
409.675
409.725
412.625
412.675
412.725
412.775

    (1) The use of these frequencies is limited to transmitting 
hydrological or meteorological data.
    (2) All use of these frequencies is on a secondary basis to Federal 
Government stations and the hydrological or meteorological data being 
handled must be made available on request to governmental agencies.
    (3) Other provisions of this part notwithstanding, an operational 
fixed station operating on these frequencies shall not communicate with 
any station in the mobile service unless written authorization to do so 
has been obtained from the Commission.
    (4) Persons who desire to operate stations on these frequencies 
should communicate with the Commission for instructions concerning the 
procedure to be followed in filing formal application.
    (b) The following frequencies are available for wireless microphone 
operations to eligibles in this part, subject to the provisions of this 
paragraph:

                            Frequencies (MHz)

169.445
171.045
169.505
171.105
170.245
171.845
170.305
171.905

    (1) The emission bandwidth shall not exceed 54 kHz.
    (2) The output power shall not exceed 50 milliwatts.
    (3) The frequency stability of wireless microphones shall limit the 
total emission to within plus-minus32.5 kHz of the assigned 
frequency.
    (4) Wireless microphone operations are unprotected from interference 
from other licensed operations in the band. If any interference from 
wireless microphone operation is received by any Government or non-
Government operation, the wireless microphone must cease operation on 
the frequency involved. Applications are subject to Government 
coordination.

(Secs. 4(i) and 303(r), Communications Act of 1934, as amended, 
Secs. 0.131 and 0.331 of the Commission's Rules and 5 U.S.C. 553 
(b)(3)(B) and (d)(3))

[49 FR 20506, May 15, 1984, as amended at 62 FR 18929, Apr. 17, 1997]



Sec. 90.266  Long distance communications on frequencies below 25 MHz.

    (a) The use of any particular frequency between 2 and 25 MHz is 
limited to those frequencies falling within the bands allocated to the 
fixed and land mobile services as indicated in Sec. 2.106 of the 
Commission's Rules and Regulations.
    (b) Only in the following circumstances will authority be extended 
to stations to operate on the frequencies below 25 MHz:
    (1) To provide communications circuits to support operations which 
are highly important to the national interest and where other means of 
telecommunication are unavailable;
    (2) To provide standby and/or backup communications circuits to 
regular domestic communications circuits which have been disrupted by 
disasters and/or emergencies.
    (c) No protection is afforded to users of these frequencies from 
harmful interference caused by foreign operations.
    (d) In the event that a complaint of harmful interference resulting 
from operation of these circuits is received from a foreign source, the 
offending circuit(s) must cease operation on the particular frequency 
concerned immediately upon notification by the Commission.
    (e) In order to accommodate the situations described in paragraphs 
(c) and (d) of this section, the equipment shall be capable of 
transmitting and receiving on any frequency within the bands between 2 
and 25 MHz and capable of immediate change among the frequencies, 
provided, however, that this requirement does not apply to equipment 
manufactured prior to August 15, 1983.
    (f) Only 2K80J3E, 100HA1A, 100HA1B and those emission types listed 
in Sec. 90.237(g) are permitted.

[[Page 384]]

    (g) Applicants must fulfill eligibility requirements set out in 
Sec. 90.35(c)(1) and submit communications plans pursuant to 
Sec. 90.129(o).
    (h) Exercises or circuits tests which require use of these 
frequencies for more than seven hours per week cumulative are prohibited 
unless prior written approval is obtained from the Commission.

[48 FR 32996, July 20, 1983, as amended at 49 FR 48712, Dec. 14, 1984; 
52 FR 29856, Aug. 12, 1987; 62 FR 18929, Apr. 17, 1997]



Sec. 90.267  Assignment and use of frequencies in the 450-470 MHz band for low-power use.

    (a) Any regularly assignable frequency in the 450-470 MHz band 
listed in the tables in subparts B and C of this part may be designated 
by the frequency coordinators as a low-power channel in a defined 
geographic area. These channels are subject to the following conditions.
    (1) [Reserved]
    (2) Assignments are subject to the frequency coordination 
requirements of Sec. 90.175.
    (3) Stations are limited to 2 watts output power and will be 
licensed as mobile, but may serve the functions of base, fixed, or 
mobile relay stations.
    (4) Wide area operations will not be authorized. The area of normal 
day-to-day operations will be described in the application in terms of 
maximum distance from a geographical center (latitude and longitude).
    (5) A hospital or health care institution holding a license to 
operate a radio station under this part may operate a medical radio 
telemetry device with an output power not to exceed 20 milliwatts 
without specific authorization from the Commission. All licensees 
operating under this authority must comply with the requirements and 
limitations set forth in this section.
    (6) Each coordinator must maintain a list of all channels designated 
for low-power use and the geographic areas where such channels are 
available. The coordinator must make this list available to the public 
upon request.
    (7) Antennas of mobile stations used as fixed stations communicating 
with one or more associated stations located within 45 degrees of 
azimuth shall be directional and have a front to back ratio of at least 
15 dB. Except as provided in this paragraph (b)(7), the height of the 
antenna used at any mobile station serving as a base, fixed or mobile 
relay station may not exceed 7 m. (20 ft) above the ground level.
    (i) No limit shall be placed on the length or height above ground 
level of any commercially manufactured radiating transmission line when 
the transmission line is terminated in a non-radiating load and is 
routed at least 7 m. (20 ft) interior to the edge of any structure or is 
routed below ground level.
    (ii) Only sea-based stations, and central alarm stations operating 
on frequencies allocated for central station protection operations, may 
utilize antennas mounted not more than 7 m. (20 ft.) above a man-made 
supporting structure, including antenna structures.
    (b) [Reserved]

[60 FR 37268, July 19, 1995, as amended at 61 FR 4235, Feb. 5, 1996; 62 
FR 2041, Jan. 15, 1997; 62 FR 18929, Apr. 17, 1997]



Sec. 90.269  Use of frequencies for self-powered vehicle detectors.

    (a) Frequencies subject to Sec. 90.20(d)(22) may be used for the 
operation of self-powered vehicle detectors by licensees of base/mobile 
stations in the Public Safety Pool in accordance with the following 
conditions:
    (1) All stations are limited to 100 milliwatts carrier power and 
20K00F7W, 20K00F7X, 20K00F8W, 20K00F8X, 20K00F9W or 20K00F9X emissions. 
The frequency deviation shall not exceed 5 kHz. No more than two 30 ms. 
pulses may be emitted for each vehicle sensed.
    (2) The transmitters must be crystal controlled with a frequency 
tolerance of plus or minus .005% from -20 deg. to plus 50  deg.C. They 
must be certificated.
    (3) The total length of the transmission line plus antenna may not 
exceed one-half wavelength and must be integral with the unit.
    (4) All operation shall be on a secondary, non-interference basis.
    (b) [Reserved]

[48 FR 54982, Dec. 8, 1983, as amended at 54 FR 38681, Sept. 20, 1989; 
62 FR 18929, Apr. 17, 1997; 63 FR 36610, July 7, 1998]

[[Page 385]]


    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 90.269 was 
amended in paragraph (a)(2) by removing the term ``type accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



Sec. 90.273  Availability and use of frequencies in the 421-430 MHz band.

    The frequency bands 422.1875-425.4875 MHz and 427.1875-429.9875 MHz 
are available for use in the Detroit, Michigan and Cleveland, Ohio 
areas. The bands 423.8125-425.4875 MHz and 428.8125-429.9875 MHz are 
available for use in the Buffalo, New York area. Sections 90.273 through 
90.281 address the specific rules applicable to these bands. Use of 
these bands is also subject to the general technical standards and 
application procedures contained in other subparts of part 90. The 
technical standards applicable in this band are the same as those 
contained in subpart I of part 90 for the 450-470 MHz band. Private land 
mobile use of these frequencies is subject to accepting any interference 
from Federal Government radiolocation operations.
    (a) The following tables list frequencies available for assignment 
in the Public Safety and Industrial/Business Pools as indicated. In the 
tables, the Public Safety Pool frequencies are denoted as ``PS'' and the 
Industrial/Business Pool frequencies are denoted as ``IB.'' The 
frequencies 422.19375 MHz through 424.99375 MHz are paired with 
frequencies 427.19375 MHz through 429.99375 MHz, respectively. Only the 
lower half of each frequency pair, available for base station operation, 
is listed in the tables. Corresponding mobile and control station 
frequencies are 5 MHz higher than the base station frequency. The 
frequencies 425.000 through 425.48125 are unpaired and are available for 
either single frequency dispatch or paging operations.

     Table 1--Channels Available in Detroit and Cleveland Areas Only
------------------------------------------------------------------------
              Frequency (MHz)                  Pool in which assigned
------------------------------------------------------------------------
Paired channels:
  422.19375 *.............................  IB
  422.200.................................  IB
  422.20625 *.............................  IB
  422.21250...............................  IB
  422.21875 *.............................  IB
  422.225.................................  IB
  422.23125 *.............................  IB
  422.23750...............................  IB
  422.24375 *.............................  IB
  422.250.................................  IB
  422.25625 *.............................  IB
  422.26250...............................  IB
  422.26875 *.............................  IB
  422.275.................................  IB
  422.28125 *.............................  IB
  422.28750...............................  IB
  422.29375 *.............................  IB
  422.300.................................  IB
  422.30625 *.............................  IB
  422.31250...............................  IB
  422.31875 *.............................  IB
  422.325.................................  IB
  422.33125 *.............................  IB
  422.33750...............................  IB
  422.34375 *.............................  IB
  422.350.................................  IB
  422.35625 *.............................  IB
  422.36250...............................  IB
  422.36875 *.............................  IB
  422.375.................................  IB
  422.38125 *.............................  IB
  422.38750...............................  IB
  422.39375 *.............................  IB
  422.400.................................  IB
  422.40625 *.............................  IB
  422.41250...............................  IB
  422.41875 *.............................  IB
  422.425.................................  IB
  422.43125 *.............................  IB
  422.43750...............................  IB
  422.44375 *.............................  IB
  422.450.................................  IB
  422.45625 *.............................  IB
  422.46250...............................  IB
  422.46875 *.............................  IB
  422.475.................................  IB
  422.48125 *.............................  IB
  422.48750...............................  IB
  422.49375 *.............................  IB
  422.500.................................  IB
  422.50625 *.............................  IB
  422.51250...............................  IB
  422.51875 *.............................  IB
  422.525.................................  IB
  422.53125 *.............................  IB
  422.53750...............................  IB
  422.54375 *.............................  IB
  422.550.................................  IB
  422.55625 *.............................  IB
  422.56250...............................  IB
  422.56875 *.............................  IB
  422.575.................................  IB
  422.58125 *.............................  IB
  422.58750...............................  IB
  422.59375 *.............................  IB
  422.600.................................  IB
  422.60625 *.............................  IB
  422.61250...............................  IB
  422.61875 *.............................  IB
  422.625.................................  IB
  422.63125 *.............................  IB
  422.63750...............................  IB
  422.64375 *.............................  IB
  422.650.................................  IB
  422.65625 *.............................  IB
  422.66250...............................  IB
  422.66875 *.............................  IB

[[Page 386]]

 
  422.675.................................  IB
  422.68125 *.............................  IB
  422.68750...............................  IB
  422.69375 *.............................  IB
  422.700.................................  IB
  422.70625 *.............................  IB
  422.71250...............................  IB
  422.71875 *.............................  IB
  422.725.................................  IB
  422.73125 *.............................  IB
  422.73750...............................  IB
  422.74375 *.............................  IB
  422.750.................................  IB
  422.75625 *.............................  IB
  422.76250...............................  IB
  422.76875 *.............................  IB
  422.775.................................  IB
  422.78125 *.............................  IB
  422.78750...............................  IB
  422.79375 *.............................  IB
  422.800.................................  IB
  422.80625 *.............................  IB
  422.81250...............................  IB
  422.81875 *.............................  IB
  422.825.................................  IB
  422.83125 *.............................  IB
  422.83750...............................  IB
  422.84375 *.............................  IB
  422.850.................................  IB
  422.85625 *.............................  IB
  422.86250...............................  IB
  422.86875 *.............................  IB
  422.875.................................  IB
  422.88125 *.............................  IB
  422.88750...............................  IB
  422.89375 *.............................  IB
  422.900.................................  IB
  422.90625 *.............................  IB
  422.91250...............................  IB
  422.91875 *.............................  IB
  422.925.................................  IB
  422.93125 *.............................  IB
  422.93750...............................  IB
  422.94375 *.............................  IB
  422.950.................................  IB
  422.95625 *.............................  IB
  422.96250...............................  IB
  422.96875 *.............................  IB
  422.975.................................  IB
  422.98125 *.............................  IB
  422.98750...............................  IB
  422.99375 *.............................  IB
  423.000.................................  PS
  423.00625 *.............................  PS
  423.01250...............................  PS
  423.01875 *.............................  PS
  423.025.................................  PS
  423.03125 *.............................  PS
  423.03750...............................  PS
  423.04375 *.............................  PS
  423.050.................................  PS
  423.05625 *.............................  PS
  423.06250...............................  PS
  423.06875 *.............................  PS
  423.075.................................  PS
  423.08125 *.............................  PS
  423.08750...............................  PS
  423.09375 *.............................  PS
  423.100.................................  PS
  423.10625 *.............................  PS
  423.11250...............................  PS
  423.11875 *.............................  PS
  423.125.................................  PS
  423.13125 *.............................  PS
  423.13750...............................  PS
  423.14375 *.............................  PS
  423.150.................................  PS
  423.15625 *.............................  PS
  423.16250...............................  PS
  423.16875 *.............................  PS
  423.175.................................  PS
  423.18125 *.............................  PS
  423.18750...............................  PS
  423.19375 *.............................  PS
  423.200.................................  PS
  423.20625 *.............................  PS
  423.21250...............................  PS
  423.21875 *.............................  PS
  423.225.................................  PS
  423.23125 *.............................  PS
  423.23750...............................  PS
  423.24375 *.............................  PS
  423.250.................................  PS
  423.25625 *.............................  PS
  423.26250...............................  PS
  423.26875 *.............................  PS
  423.275.................................  PS
  423.28125 *.............................  PS
  423.28750...............................  PS
  423.29375 *.............................  PS
  423.300.................................  PS
  423.30625 *.............................  PS
  423.31250...............................  PS
  423.31875 *.............................  PS
  423.325.................................  PS
  423.33125 *.............................  PS
  423.33750...............................  PS
  423.34375 *.............................  PS
  423.350.................................  PS
  423.35625 *.............................  PS
  423.36250...............................  PS
  423.36875 *.............................  PS
  423.375.................................  PS
  423.38125 *.............................  PS
  423.38750...............................  PS
  423.39375 *.............................  PS
  423.400.................................  PS
  423.40625 *.............................  PS
  423.41250...............................  PS
  423.41875 *.............................  PS
  423.425.................................  PS
  423.43125 *.............................  PS
  423.43750...............................  PS
  423.44375 *.............................  PS
  423.450.................................  PS
  423.45625 *.............................  PS
  423.46250...............................  PS
  423.46875 *.............................  PS
  423.475.................................  PS
  423.48125 *.............................  PS
  423.48750...............................  PS
  423.49375 *.............................  PS
  423.500.................................  PS
  423.50625 *.............................  PS
  423.51250...............................  PS
  423.51875 *.............................  PS
  423.525.................................  PS
  423.53125 *.............................  PS
  423.53750...............................  PS
  423.54375 *.............................  PS

[[Page 387]]

 
  423.550.................................  PS
  423.55625 *.............................  PS
  423.56250...............................  PS
  423.56875 *.............................  PS
  423.575.................................  PS
  423.58125 *.............................  PS
  423.58750...............................  PS
  423.59375 *.............................  PS
  423.600.................................  PS
  423.60625 *.............................  PS
  423.61250...............................  PS
  423.61875 *.............................  PS
  423.625.................................  PS
  423.63125 *.............................  PS
  423.63750...............................  PS
  423.64375 *.............................  PS
  423.650.................................  PS
  423.65625 *.............................  PS
  423.66250...............................  PS
  423.66875 *.............................  PS
  423.675.................................  PS
  423.68125 *.............................  PS
  423.68750...............................  PS
  423.69375 *.............................  PS
  423.700.................................  PS
  423.70625 *.............................  PS
  423.71250...............................  PS
  423.71875 *.............................  PS
  423.725.................................  PS
  423.73125 *.............................  PS
  423.73750...............................  PS
  423.74375 *.............................  PS
  423.750.................................  PS
  423.75625 *.............................  PS
  423.76250...............................  PS
  423.76875 *.............................  PS
  423.775.................................  PS
  423.78125 *.............................  PS
  423.78750...............................  PS
  423.79375 *.............................  PS
  423.800.................................  PS
  423.80625 *.............................  PS
------------------------------------------------------------------------
* This frequency will be assigned with an authorized bandwidth not to
  exceed 6 kHz.



   Table 2--Channels Available in Buffalo, Detroit and Cleveland Areas
------------------------------------------------------------------------
             Frequency (MHz)                   Pool in which assigned
------------------------------------------------------------------------
Paired channels:
  423.81875 *............................  PS
  423.825................................  PS
  423.83125 *............................  PS
  423.83750..............................  PS
  423.84375 *............................  PS
  423.850................................  PS
  423.85625 *............................  PS
  423.86250..............................  PS
  423.86875 *............................  PS
  423.875................................  PS
  423.88125 *............................  PS
  423.88750..............................  PS
  423.89375 *............................  PS
  423.900................................  PS
  423.90625 *............................  PS
  423.91250..............................  PS
  423.91875 *............................  PS
  423.925................................  PS
  423.93125 *............................  PS
  423.93750..............................  PS
  423.94375 *............................  PS
  423.950................................  PS
  423.95625 *............................  PS
  423.96250..............................  PS
  423.96875 *............................  PS
  423.975................................  PS
  423.98125 *............................  PS
  423.98750..............................  PS
  423.99375 *............................  PS
  424.000................................  PS
  424.00625 *............................  PS
  424.01250..............................  PS
  424.01875 *............................  PS
  424.025................................  PS
  424.03125 *............................  PS
  424.03750..............................  PS
  424.04375 *............................  PS
  424.050................................  PS
  424.05625 *............................  PS
  424.06250..............................  PS
  424.06875 *............................  PS
  424.075................................  PS
  424.08125 *............................  PS
  424.08750..............................  PS
  424.09375 *............................  PS
  424.100................................  PS
  424.10625 *............................  PS
  424.11250..............................  PS
  424.11875 *............................  PS
  424.125................................  PS
  424.13125 *............................  PS
  424.13750..............................  PS
  424.14375 *............................  PS
  424.150................................  PS
  424.15625 *............................  PS
  424.16250..............................  PS
  424.16875 *............................  PS
  424.175................................  PS
  424.18125 *............................  PS
  424.18750..............................  PS
  424.19375 *............................  PS
  424.200................................  PS
  424.20625 *............................  PS
  424.21250..............................  PS
  424.21875 *............................  PS
  424.225................................  PS
  424.23125 *............................  PS
  424.23750..............................  PS
  424.24375 *............................  PS
  424.250................................  PS
  424.25625 *............................  PS
  424.26250..............................  PS
  424.26875 *............................  PS
  424.275................................  PS
  424.28125 *............................  PS
  424.28750..............................  PS
  424.29375 *............................  PS
  424.300................................  PS
  424.30625 *............................  PS
  424.31250..............................  PS
  424.31875 *............................  PS
  424.325................................  PS
  424.33125 *............................  PS
  424.33750..............................  PS
  424.34375 *............................  PS
  424.350................................  PS
  424.35625 *............................  PS

[[Page 388]]

 
  424.36250..............................  PS
  424.36875 *............................  PS
  424.375................................  PS
  424.38125 *............................  PS
  424.38750..............................  PS
  424.39375 *............................  PS
  424.400................................  IB
  424.40625 *............................  IB
  424.41250..............................  IB
  424.41875 *............................  IB
  424.425................................  IB
  424.43125 *............................  IB
  424.43750..............................  IB
  424.44375 *............................  IB
  424.450................................  IB
  424.45625 *............................  IB
  424.46250..............................  IB
  424.46875 *............................  IB
  424.475................................  IB
  424.48125 *............................  IB
  424.48750..............................  IB
  424.49375 *............................  IB
  424.500................................  IB
  424.50625 *............................  IB
  424.51250..............................  IB
  424.51875 *............................  IB
  424.525................................  IB
  424.53125 *............................  IB
  424.53750..............................  IB
  424.54375 *............................  IB
  424.550................................  IB
  424.55625 *............................  IB
  424.56250..............................  IB
  424.56875 *............................  IB
  424.575................................  IB
  424.58125 *............................  IB
  424.58750..............................  IB
  424.59375 *............................  IB
  424.600................................  IB
  424.60625 *............................  IB
  424.61250..............................  IB
  424.61875 *............................  IB
  424.625................................  IB
  424.63125 *............................  IB
  424.63750..............................  IB
  424.64375 *............................  IB
  424.650................................  IB
  424.65625 *............................  IB
  424.66250..............................  IB
  424.66875 *............................  IB
  424.675................................  IB
  424.68125 *............................  IB
  424.68750..............................  IB
  424.69375 *............................  IB
  424.700................................  IB
  424.70625 *............................  IB
  424.71250..............................  IB
  424.71875 *............................  IB
  424.725................................  IB
  424.73125 *............................  IB
  424.73750..............................  IB
  424.74375 *............................  IB
  424.750................................  IB
  424.75625 *............................  IB
  424.76250..............................  IB
  424.76875 *............................  IB
  424.775................................  IB
  424.78125 *............................  IB
  424.78750..............................  IB
  424.79375 *............................  IB
  424.800................................  IB
  424.80625 *............................  IB
  424.81250..............................  IB
  424.81875 *............................  IB
  424.825................................  IB
  424.83125 *............................  IB
  424.83750..............................  IB
  424.84375 *............................  IB
  424.850................................  IB
  424.85625 *............................  IB
  424.86250..............................  IB
  424.86875 *............................  IB
  424.875................................  IB
  424.88125 *............................  IB
  424.88750..............................  IB
  424.89375 *............................  IB
  424.900................................  IB
  424.90625 *............................  IB
  424.91250..............................  IB
  424.91875 *............................  IB
  424.925................................  IB
  424.93125 *............................  IB
  424.93750..............................  IB
  424.94375 *............................  IB
  424.950................................  IB
  424.95625 *............................  IB
  424.96250..............................  IB
  424.96875 *............................  IB
  424.975................................  IB
  424.98125 *............................  IB
  424.98750..............................  IB
  424.99375 *............................  IB
Single channels:
  425.000................................  IB
  425.00625 *............................  IB
  425.01250..............................  IB
  425.01875 *............................  IB
  425.025................................  IB
  425.03125 *............................  IB
  425.03750..............................  IB
  425.04375 *............................  IB
  425.050................................  IB
  425.05625 *............................  IB
  425.06250..............................  IB
  425.06875 *............................  IB
  425.075................................  IB
  425.08125 *............................  IB
  425.08750..............................  IB
  425.09375 *............................  IB
  425.100................................  IB
  425.10625 *............................  IB
  425.11250..............................  IB
  425.11875 *............................  IB
  425.125................................  IB
  425.13125 *............................  IB
  425.13750..............................  IB
  425.14375 *............................  IB
  425.150................................  IB
  425.15625 *............................  IB
  425.16250..............................  IB
  425.16875 *............................  IB
  425.175................................  IB
  425.18125 *............................  IB
  425.18750..............................  IB
  425.19375 *............................  IB
  425.200................................  IB
  425.20625 *............................  IB
  425.21250..............................  IB
  425.21875 *............................  IB
  425.225................................  IB

[[Page 389]]

 
  425.23125 *............................  IB
  425.23750..............................  IB
  425.24375 *............................  IB
  425.250................................  PS
  425.25625 *............................  PS
  425.26250..............................  PS
  425.26875 *............................  PS
  425.275................................  PS
  425.28125 *............................  PS
  425.28750..............................  PS
  425.29375 *............................  PS
  425.300................................  PS
  425.30625 *............................  PS
  425.31250..............................  PS
  425.31875 *............................  PS
  425.325................................  PS
  425.33125 *............................  PS
  425.33750..............................  PS
  425.34375 *............................  PS
  425.350................................  PS
  425.35625 *............................  PS
  425.36250..............................  PS
  425.36875 *............................  PS
  425.375................................  PS
  425.38125 *............................  PS
  425.38750..............................  PS
  425.39375 *............................  PS
  425.400................................  PS
  425.40625 *............................  PS
  425.41250..............................  PS
  425.41875 *............................  PS
  425.425................................  PS
  425.43125 *............................  PS
  425.43750..............................  PS
  425.44375 *............................  PS
  425.450................................  PS
  425.45625 *............................  PS
  425.46250..............................  PS
  425.46875 *............................  PS
  425.475................................  PS
  425.48125 *............................  PS
------------------------------------------------------------------------
* This frequency will be assigned with an authorized bandwidth not to
  exceed 6 kHz.

    (b) [Reserved]
    (c) Base or control stations shall be located within 48 km (30 
miles) of the center of Buffalo or 80 km (50 miles) of the center of 
Detroit. In Cleveland, base or control stations will be allowed at 
locations north of line A that are within 48 km (30 miles) of the city 
center. In addition, low power (2 watts or less) base stations may 
locate within 80 km (50 miles) of the center of Buffalo. The following 
coordinates shall be used for the centers of these areas:

Buffalo, NY............................  425252 North latitude.
                                         785221 West longitude.
Cleveland, OH..........................  412951 North latitude.
                                         814150 West longitude.
Detroit, MI............................  421948 North latitude.
                                         830257 West longitude.
 

    (d) Mobile operation shall be confined to within 80 km (50 miles) of 
the centers of Detroit, Cleveland, or Buffalo.

[52 FR 6156, Mar. 2, 1987, as amended at 54 FR 38681, Sept. 20, 1989; 58 
FR 31476, June 3, 1993; 58 FR 44957, Aug. 25, 1993; 60 FR 37269, July 
19, 1995; 61 FR 6576, Feb. 21, 1996; 62 FR 18929, Apr. 17, 1997]



Sec. 90.275  Selection and assignment of frequencies in the 421-430 MHz band.

    Applicants must specify the frequencies in which the proposed system 
will operate pursuant to a recommendation by a frequency coordinator 
certified for the pool in which the requested frequency is assigned.

[62 FR 18932, Apr. 17, 1997]



Sec. 90.279  Power limitations applicable to the 421-430 MHz band.

    (a) Base station authorizations in the 421-430 MHz band will be 
subject to Effective Radiated Power (ERP) and Effective Antenna Height 
(EAH) limitations as shown in the table below. ERP is defined as the 
product of the power supplied to the antenna and its gain relative to a 
half-wave dipole in a given direction. EAH is calculated by subtracting 
the Assumed Average Terrain Elevation (AATE) as listed in table 7 of 
Sec. 90.619 from the antenna height above mean sea level.

   Limits of Effective Radiated Power (ERP) Corresponding to Effective
     Antenna Heights (EAH) of Base Stations in the 421-430 MHz Band
------------------------------------------------------------------------
                                                                Maximum
                                                               effective
                                                                radiated
       Effective antenna height (EAH) in meters (feet)           power
                                                                 (ERP)
                                                                (watts)
------------------------------------------------------------------------
0-152 (0-500)................................................        250
Above 152-305 (above 500-1000)...............................        150
Above 305-457 (above 1000-1500)..............................         75
Above 457-610 (above 1500-2000)..............................         40
Above 610-762 (above 2000-2500)..............................         20
Above 762-914 (above 2500-3000)..............................         15
Above 914-1219 (above 3000-4000).............................         10
Above 1219 (above 4000)......................................          5
------------------------------------------------------------------------

    (b) The maximum transmitter power output that will be authorized for 
control stations is 20 watts.

[52 FR 6157, Mar. 2, 1987, as amended at 58 FR 44957, Aug. 25, 1993]

[[Page 390]]



Sec. 90.281  Restrictions on operational fixed stations in the 421-430 MHz band.

    (a) Except for control stations, operational fixed facilities will 
not be authorized in the 421-430 MHz band. This does not preclude 
secondary fixed tone signaling and alarm operations authorized in 
Sec. 90.235.
    (b) Control stations associated with one or more mobile relay 
stations will be authorized only on the assigned frequency of the 
associated mobile station. Use of a mobile service frequency by a 
control station of a mobile relay system is subject to the condition 
that harmful interference shall not be caused to stations of licensees 
authorized to use the frequency for mobile service communications.

[52 FR 6158, Mar. 2, 1987, as amended at 54 FR 38681, Sept. 20, 1989]



Sec. 90.283  [Reserved]



    Subpart L--Authorization in the Band 470-512 MHz (UHF-TV Sharing)



Sec. 90.301  Scope.

    This subpart governs the authorization and use of frequencies by 
land mobile stations in the band 470-512 MHz on a geographically shared 
basis with Television Broadcast stations. Under this special sharing 
plan, different frequencies are allocated depending on the geographic 
urban area involved as fully detailed in the following rule sections.

[43 FR 54791, Nov. 22, 1978, as amended at 62 FR 18932, Apr. 17, 1997]



Sec. 90.303  Availability of frequencies.

    (a) Frequencies in the band 470-512 MHz are available for assignment 
in the urbanized areas listed below. The specific frequencies available 
are listed in Sec. 90.311.

                                   Frequency Availability for Land Mobile Use
----------------------------------------------------------------------------------------------------------------
                                                                      Geographic center
                                                                 --------------------------          Frequencies
                         Urbanized area                              North         West     Channel  (megahertz)
                                                                    latitute    longitude
----------------------------------------------------------------------------------------------------------------
Boston, MA......................................................  42 deg.21'2
                                                                          4''  71 deg.03'2
                                                                                       5''       14      470-476
                                                                                                 16      482-488
Chicago, IL\1\..................................................  41 deg.52'2
                                                                          8''  87 deg.38'2
                                                                                       2''       14      470-476
                                                                                                 15      476-482
Cleveland, OH\2\................................................  41 deg.29'5
                                                                          1''  81 deg.41'5
                                                                                       0''       14      470-476
                                                                                                 15      476-482
Dallas/Fort Worth, TX...........................................  32 deg.47'0
                                                                          9''  96 deg.47'3
                                                                                       7''       16      482-488
Detroit, MI\3\..................................................  42 deg.19'4
                                                                          8''  83 deg.02'5
                                                                                       7''       15      476-482
                                                                                                 16      482-488
Houston, TX.....................................................  29 deg.45'2
                                                                          6''  95 deg.21'3
                                                                                       7''       17      488-494
Los Angeles, CA\4\..............................................  34 deg.03'1
                                                                          5''  118 deg.14'
                                                                                      28''       14      470-476
                                                                                                 20      506-512
Miami, FL.......................................................  25 deg.46'3
                                                                          7''  80 deg.11'3
                                                                                       2''       14      470-476
New York/N.E. NJ................................................  40 deg.45'0
                                                                          6''  73 deg.59'3
                                                                                       9''       14      470-476
                                                                                                 15      476-482
Philadelphia, PA................................................  39 deg.56'5
                                                                          8''  75 deg.09'2
                                                                                       1''       19      500-506
                                                                                                 20      506-512
Pittsburgh, PA..................................................  40 deg.26'1
                                                                          9''  80 deg.00'0
                                                                                       0''       14      470-476
                                                                                                 18      494-500
San Francisco/Oakland, CA.......................................  37 deg.46'3
                                                                          9''  122 deg.24'
                                                                                      40''       16      482-488
                                                                                                 17      488-494
Wash., DC/MD/VA.................................................  38 deg.53'5
                                                                          1''  77 deg.00'3
                                                                                       3''       17      488-494
                                                                                                 18      494-500
----------------------------------------------------------------------------------------------------------------
\1\ In the Chicago, IL, urbanized area, channel 15 frequencies may be used for paging operations in addition to
  low power base/mobile usages, where applicable protection requirements for ultrahigh frequency television
  stations are met.
\2\ Channels 14 and 15 are not available in Cleveland, OH, until further order from the Commission.
\3\ Channels 15 and 16 are not available in Detroit, MI, until further order from the Commission.
\4\ Channel 16 is available in Los Angeles for use by public safety users.


[[Page 391]]

    (b) [Reserved]

[43 FR 54791, Nov. 22, 1978, 44 FR 32220, June 5, 1979, as amended at 50 
FR 39681, Sept. 30, 1985; 50 FR 40976, Oct. 8, 1985; 51 FR 4361, Feb. 4, 
1986; 52 FR 29856, Aug. 12, 1987; 62 FR 18932, Apr. 17, 1997]



Sec. 90.305  Location of stations.

    (a) The transmitter site(s) for base station(s), including mobile 
relay stations, shall be located not more than 80 km. (50 mi.) from the 
geographic center of the urbanized area listed in Sec. 90.303.
    (b) Mobile units shall be operated within 48 km. (30 mi.) of their 
associated base station or stations. Such units may not be operated 
aboard aircraft in flight except as provided for in Sec. 90.315(i).
    (c) Control stations must be located within the area of operation of 
the mobile units.
    (d) Base and control stations shall be located a minimum of 1.6 km. 
(1 mi.) from local television stations operating on UHF TV channels 
separated by 2, 3, 4, 5, 7, and 8 TV channels from the television 
channel in which the base station will operate.



Sec. 90.307  Protection criteria.

    The tables and figures listed in Sec. 90.309 shall be used to 
determine the proper power (ERP) and antenna height of the proposed land 
mobile base station and the proper power (ERP) for the associated 
control station (control station antenna height shall not exceed 31 m. 
(100 ft.) above average terrain (AAT)).
    (a) Base stations operating on the frequencies available for land 
mobile use in any listed urbanized area and having an antenna height 
(AAT) less than 152 m. (500 ft.) shall afford protection to co-channel 
and adjacent channel television stations in accordance with the values 
set out in tables A and E of this subpart, except for Channel 15 in New 
York, NY, and Cleveland, OH, and Channel 16 in Detroit, MI, where 
protection will be in accordance with the values set forth in tables B 
and E.
    (b) For base stations having antenna heights between 152-914 meters 
(500-3,000 ft.) above average terrain, the effective radiated power must 
be reduced below 1 kilowatt in accordance with the values shown in the 
power reduction graph in Figure A, except for Channel 15 in New York, 
NY, and Cleveland, OH, and Channel 16 in Detroit, MI, where the 
effective radiated power must be reduced in accordance with Figure B. 
For heights of more than 152 m. (500 ft.) above average terrain, the 
distance to the radio path horizon will be calculated assuming smooth 
earth. If the distance so determined equals or exceeds the distance to 
the Grade B contour of a co-channel TV station, (Grade B contour defined 
in Sec. 73.683(a)) an authorization will not be granted unless it can be 
shown that actual terrain considerations are such as to provide the 
desired protection at the Grade B contour, or that the effective 
radiated power will be further reduced so that, assuming free space 
attenuation, the desired protection at the Grade B contour will be 
achieved.
    (c) Mobile units and control stations operating on the frequencies 
available for land mobile use in any given urbanized area shall afford 
protection to co-channel and adjacent channel television stations in 
accordance with the values set forth in table C and paragraph (d) of 
this section except for Channel 15 in New York, NY, and Cleveland, OH, 
and Channel 16 in Detroit, MI, where protection will be in accordance 
with the values set forth in table D and paragraph (d) of this section.
    (d) The minimum distance between a land mobile base station which 
has associated mobile units and a protected adjacent channel television 
station is 145 km (90 miles) .
    (e) The television stations to be protected (co-channel, adjacent 
channel, IM, and IF) in any given urbanized area, in accordance with the 
provisions of paragraphs (a), (b), (c), and (d) of this section, are 
identified in the commission's publication ``TV stations to be 
considered in the preparation of Applications for Land Mobile Facilities 
in the Band 470-512 MHz.'' The publication is available at the offices 
of the Federal Communications Commission at Washington, DC or upon the 
request of interested persons.

[43 FR 54791, Nov. 22, 1978, as amended at 49 FR 36107, Sept. 14, 1984; 
58 FR 44957, Aug. 25, 1993]

[[Page 392]]



Sec. 90.309  Tables and figures.

    (a) Directions for using the tables. (1) Using the method specified 
in Sec. 73.611 or charts or maps of suitable scale, determine the 
distances (i) between the proposed land mobile base station and the 
protected cochannel television station and (ii) between the proposed 
land mobile base station and the protected adjacent channel television 
station. If the exact mileage does not appear in table A for protected 
cochannel television stations (or table B for Channel 15 in New York and 
Cleveland and channel 16 in Detroit) or table E for protected adjacent 
channel television stations, the next lower mileage separation figure is 
to be used.
    (2) Entering the proper table at the mileage figure found in 
paragraph (a)(1) of this section, find opposite, a selection of powers 
that may be used for antenna heights ranging from 15 m (50 ft) to 152.5 
m (500 ft) (AAT). If the exact antenna height proposed for the land 
mobile base station does not appear in the proper table, use the power 
figure beneath the next greater antenna height.
    (3) The lowest power found using the tables mentioned in paragraphs 
(a)(1) and (a)(2) of this section is the maximum power that may be 
employed by the proposed land mobile base station.
    (4) In determining the average elevation of the terrain, the 
elevations between 3.2 km (2 mi) and 16 km (10 mi) from the antenna site 
are employed. Profile graphs shall be drawn for a minimum of eight 
radials beginning at the antenna site and extending 16 km (10 mi). The 
radials should be drawn starting with true north. At least one radial 
should be constructed in the direction of the nearest cochannel and 
adjacent channel UHF television stations. The profile graph for each 
radial shall be plotted by contour intervals of from 12.2 m (40 ft) to 
30.5 m (100 ft) and, where the data permits, at least 50 points of 
elevation (generally uniformly spaced) should be used for each radial. 
For very rugged terrain 61 m (200 ft) to 122 m (400 ft) contour 
intervals may be used. Where the terrain is uniform or gently sloping, 
the smallest contour interval indicated on the topographic chart may be 
used. The average elevation of the 12.8 km (8-mile) distance between 3.2 
km (2 mi) and 16 km (10 mi) from the antenna site should be determined 
from the profile graph for each radial. This may be obtained by 
averaging a large number of equally spaced points, by using a 
planimeter, or by obtaining the median elevation (that exceeded by 50 
percent of the distance) in sectors and averaging those values. In the 
preparation of the profile graphs, the elevation or contour intervals 
may be taken from U.S. Geological Survey Topographic Maps, U.S. Army 
Corps of Engineers Maps, or Tennessee Valley Authority Maps. Maps with a 
scale of 1:250,000 or larger (such as 1:24,000) shall be used. Digital 
Terrain Data Tapes, provided by the National Cartographic Institute, 
U.S. Geological Survey, may be utilized in lieu of maps, but the number 
of data points must be equal to or exceed that special above. If such 
maps are not published for the area in question, the next best 
topographic information should be used.
    (5) Applicants for base stations in the Miami, FL, urbanized area 
may, in lieu of calculating the height of average terrain, use 3 m (10 
ft) as the average terrain height.

                       Table A--Base Station--Cochannel Frequencies (50 dB Protection) Maximum Effective Radiated Power (ERP) \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     Antenna height in meters (feet) (AAT)
                                                     ---------------------------------------------------------------------------------------------------
         Distance in kilometers (miles): \2\                      30.5                                    91.5       106       122       137      152.5
                                                       15 (50)    (100)   45 (150)  61 (200)  76 (250)    (300)     (350)     (400)     (450)     (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
260 (162)...........................................     1,000     1,000     1,000     1,000     1,000     1,000     1,000     1,000     1,000     1,000
257 (160)...........................................     1,000     1,000     1,000     1,000     1,000     1,000     1,000     1,000     1,000       800
249 (155)...........................................     1,000     1,000     1,000     1,000     1,000       875       775       700       625       575
241 (150)...........................................     1,000     1,000       950       775       725       625       550       500       450       400
233 (145)...........................................       850       750       650       575       500       440       400       350       320       300
225 (140)...........................................       600       575       475       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

[[Page 393]]

 
193 (120)...........................................       175       150       125       105        90        80        70        60        55        50
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The effective radiated power (ERP) and antenna height above average terrain (AAT) shall not exceed the values given in this table.
\2\ At this distance from transmitter site of protected UHF television station.


                       Table B--Base Station--Cochannel Frequencies (40 dB Protection) Maximum Effective Radiated Power (ERP) \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     Antenna height in meters (feet) (AAT)
                                                     ---------------------------------------------------------------------------------------------------
         Distance in kilometers (miles): \2\                      30.5                                    91.5       106       122       137      152.5
                                                       15 (50)    (100)   45 (150)  61 (200)  76 (250)    (300)     (350)     (400)     (450)     (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
209 (130)...........................................     1,000     1,000     1,000     1,000     1,000     1,000     1,000     1,000     1,000     1,000
201 (125)...........................................     1,000     1,000     1,000     1,000     1,000     1,000     1,000       850       750       725
193 (120)...........................................     1,000     1,000     1,000     1,000       900       750       675       600       550       500
185 4(115)..........................................     1,000     1,000       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  ........  ........  ........  ........  ........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The effective radiated power (ERP) and antenna height above average terrain (AAT) shall not exceed the values given in this table.
\2\ At this distance from transmitter site of protected UHF television station.


  Table C--Mobile and Control Station--Distance Between Associated Base
               Station and Protected Cochannel TV Station
                           [50 dB protection]
------------------------------------------------------------------------
                                                     Distance
   Effective radiated power (watts) of   -------------------------------
     mobile unit and control station        Kilometers         Miles
------------------------------------------------------------------------
200.....................................             249             155
150.....................................             243             151
100.....................................             233             145
50......................................             217             135
25......................................             201             125
10......................................             188             117
5.......................................             180             112
------------------------------------------------------------------------


  Table D--Mobile and Control Station--Distance Between Associated Land
         Mobile Base Station and Protected Cochannel TV Station
                           [40 dB protection]
------------------------------------------------------------------------
                                                     Distance
   Effective radiated power (watts) of   -------------------------------
     mobile unit and control station        Kilometers         Miles
------------------------------------------------------------------------
200.....................................             209             130
150.....................................             201             125
100.....................................             193             120
50......................................             185             115
25......................................             177             110
10......................................             169             105
5.......................................             161             100
------------------------------------------------------------------------


                              Table E--Base Station Adjacent Channel Frequencies Maximum Effective Radiated Power (ERP) \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     Antenna height in meters (feet) (AAT)
                                                     ---------------------------------------------------------------------------------------------------
         Distance in kilometers (miles): 2,3                      30.5                                    91.5       106       122       137      152.5
                                                       15 (50)    (100)   45 (150)  61 (200)  76 (250)    (300)     (350)     (400)     (450)     (500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
108 (67)............................................     1,000     1,000     1,000     1,000     1,000     1,000     1,000     1,000     1,000     1,000
106 (66)............................................     1,000     1,000     1,000     1,000     1,000     1,000     1,000     1,000     1,000       750
104 (65)............................................     1,000     1,000     1,000     1,000     1,000     1,000     1,000       825       650       600
103 (64)............................................     1,000     1,000     1,000     1,000     1,000     1,000       775       625       500       400
101 (63)............................................     1,000     1,000     1,000     1,000     1,000       650       450       325       325       225
99 (62).............................................     1,000     1,000     1,000     1,000       525       375       250       200       150       125
98 (61).............................................     1,000     1,000       700       450       250       200       125       100        75        50
96 (60).............................................     1,000     1,000       425       225       125       100        75        50
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The effective radiated power (ERP) and antenna height above average terrain (AAT) shall not exceed the values given in this table.
\2\ At this distance from transmitter site of protected UHF television station.
\3\ The minimum distance is 145 km (90 miles) where there are mobile units associated with the base station. See sec. 90.307(d).


[[Page 394]]


            Table ``F''--Decibel Reduction/Power Equivalents
------------------------------------------------------------------------
                                                                  ERP
                                                               permitted
                   dB reduction below 1 kW                     (figures
                                                               rounded)
------------------------------------------------------------------------
1...........................................................         795
2...........................................................         630
3...........................................................         500
4...........................................................         400
5...........................................................         315
6...........................................................         250
7...........................................................         200
8...........................................................         160
9...........................................................         125
10..........................................................         100
11..........................................................          80
12..........................................................          65
13..........................................................          50
14..........................................................          40
15..........................................................          30
16..........................................................          25
17..........................................................          20
18..........................................................          15
19..........................................................          12
20..........................................................          10
21..........................................................           8
22..........................................................           6
23..........................................................           5
24..........................................................           4
25..........................................................           3
26..........................................................         2.5
27..........................................................           2
28..........................................................         1.5
29..........................................................        1.25
30..........................................................           1
------------------------------------------------------------------------

    (b) Directions for Using the Figures. (1) Determine antenna height 
above average terrain. (According to Sec. 90.309(a)(4).)
    (2) Locate this value on the antenna height axis.
    (3) Determine the separation between the LM antenna site and the 
nearest protected co-channel TV station. (According to Sec. 73.611.)
    (4) Draw a vertical line to intersect the LM/TV separation curve at 
the distance determined in step 3 above. For distances not shown in the 
graph use linear interpolation.
    (5) From the intersection of the LM/TV separation curve draw a 
horizontal line to the power reduction scale.
    (6) The power reduction in dB determines the reduction below 1 kW 
that must be achieved.
    (7) See table F for dB/power equivalents.

[[Page 395]]

[GRAPHIC] [TIFF OMITTED] TC02AP91.010


[[Page 396]]


[GRAPHIC] [TIFF OMITTED] TC02AP91.011


(Section 0.231(d) of the Commission's Rules and secs. 4(i) and 303 of 
the Communications Act, as amended)

[43 FR 54791, Nov. 22, 1978, as amended at 49 FR 36107, Sept. 14, 1984; 
49 FR 49837, Dec. 17, 1984; 58 FR 44958, Aug. 25, 1993]

[[Page 397]]



Sec. 90.311  Frequencies.

    (a) Except as provided for in Sec. 90.315 and except for those 
frequencies allocated to services in part 22 of this chapter (see 
Secs. 22.591, 22.621, 22.651, and 22.1007 of this chapter) the following 
frequencies in the band 470-512 MHz may be assigned as indicated in the 
table below. The first and last assignable frequencies are shown. 
Assignable frequencies occur in increments of 6.25 kHz. The separation 
between base and mobile transmit frequencies is 3 MHz for two frequency 
operation.

----------------------------------------------------------------------------------------------------------------
                                                                               General access pool
          Channel assignment                Urbanized area     -------------------------------------------------
                                                                    Base and mobile               Mobile
----------------------------------------------------------------------------------------------------------------
14...................................  Boston, MA.............  470.30625 to 472.99375.  473.30625 to 475.99375.
                                       Chicago, IL
                                       Cleveland, OH
                                       Los Angeles, CA
                                       Miami, FL
                                       New York/N.E. NJ
                                       Pittsburgh, PA
15...................................  Chicago, IL............  476.30625 to 478.99375.  479.30625 to 481.99375.
                                       Cleveland, OH
                                       Detroit, MI
                                       New York/N.E. NJ
16...................................  Boston, MA.............  482.30625 to 484.99375.  485.30625 to 487.99375.
                                       Dallas/Fort Worth, TX
                                       Detroit, MI
                                       San Francisco/Oakland,
                                        CA
17...................................  Houston, TX............  488.30625 to 490.99375.  491.30625 to 493.99375.
                                       San Francisco/Oakland,
                                        CA.
                                       Washington, DC/MD/VA...
18...................................  Pittsburgh, PA.........  494.30625 to 496.99375.  497.30625 to 499.99375.
                                       Washington, DC/MD/VA...
19...................................  Philadelphia, PA.......  500.30625 to 502.99375.  503.30625 to 505.99375.
20...................................  Los Angeles, CA........  506.30625 to 508.99375.  509.30625 to 511.99375.
                                       Philadelphia, PA.......
----------------------------------------------------------------------------------------------------------------

    (1) Channel availability in the General Access Pool in any of the 
urbanized areas referred to in the table depends on whether that channel 
is presently assigned to one of the following categories of users:
    (i) Public safety (as defined in Sec. 90.20(a));
    (ii) Power and telephone maintenance licensees (as defined in 
Sec. 90.7);
    (iii) Special industrial licensees (as defined in Sec. 90.7);
    (iv) Business licensees (as defined in Sec. 90.35(a));
    (v) Petroleum, forest products, and manufacturers licensees (as 
defined in Sec. 90.7);
    (vi) Railroad, motor carrier, and automobile emergency licensees (as 
defined in Sec. 90.7); and
    (vii) Taxicab licensees (as defined in Sec. 90.7).
    (2) If assigned, subsequent authorizations will only be granted to 
users from the same category. If unassigned, or should a channel 
subsequently become unassigned, it will be treated as available in the 
General Access Pool.
    (3) Normally, each channel should be substantially loaded in 
accordance with the standards set out in Sec. 90.313.
    (4) The following frequencies will be authorized a maximum bandwidth 
of 6 kHz.


------------------------------------------------------------------------
                          Channel                             Frequency
------------------------------------------------------------------------
14.........................................................    470.30625
                                                               475.99375
15.........................................................    476.30625
                                                               481.99375
16.........................................................    482.30625
                                                               487.99375
17.........................................................    488.30625
                                                               493.99375
18.........................................................    494.30625
                                                               499.99375
19.........................................................    500.30625
                                                               505.99375
20.........................................................    506.30625
                                                               511.99375
------------------------------------------------------------------------


    (b) [Reserved]

[43 FR 54791, Nov. 22, 1978, as amended at 44 FR 49692, Aug. 24, 1979; 
51 FR 4362, Feb. 4, 1986; 60 FR 37272, July 19, 1995; 62 FR 2041, Jan. 
15, 1997; 62 FR 18932, Apr. 17, 1997]

[[Page 398]]



Sec. 90.313  Frequency loading criteria.

    (a) Except as provided for in paragraph (b) of this section, the 
maximum channel loading on frequencies in the 470-512 MHz band is as 
follows:
    (1) 50 units for systems eligible in the Public Safety Pool (see 
Sec. 90.20(a)).
    (2) 90 units for systems eligible in the Industrial/Business Pool 
(see Sec. 90.35(a)).
    (b) If a licensee has exclusive use of a frequency, then the loading 
standards in paragraph (a) of this section, may be exceeded. If it is a 
shared channel, the loading standards can be exceeded upon submission of 
a signed statement by all those sharing the channel agreeing to the 
increase.
    (c) A unit is defined as a mobile transmitter-receiver. Loading 
standards will be applied in terms of the number of units actually in 
use or to be placed in use within 8 months following authorization. A 
licensee will be required to show that an assigned frequency pair is at 
full capacity before it may be assigned a second or additional frequency 
pair. Channel capacity may be reached either by the requirements of a 
single licensee or by several users sharing a channel. Until a channel 
is loaded to capacity it will be available for assignment to other users 
in the same area. A frequency pair may be reassigned at distances 64 km. 
(40 mi.), 32 km. (20 mi.) for Channel 15, Chicago; Channel 20, 
Philadelphia; and Channel 17, Washington, or more from the location of 
base stations authorized on that pair without reference to loading at 
the point of original installation. Following authorization, the 
licensee shall notify the Commission either during or at the close of 
the 8 month period of the number of units in operation. In the 
Industrial Radio Services, if the base station facility is to be used by 
more than a single licensee, the frequency assigned to it will not be 
reassigned for use by another facility within 64 km. (40 mi.) or 32 km. 
(20 mi.) where applicable for a period of 12 months, Provided, That the 
facility is constructed within 90 days from the date of the first grant, 
meets the loading standards to at least 50 percent within 9 months, and 
meets all loading standards within 12 months.

[43 FR 54791, Nov. 22, 1978, as amended at 47 FR 36649, Aug. 23, 1982; 
62 FR 18933, Apr. 17, 1997]



Sec. 90.315  Special provisions governing use of frequencies in the 476-494 MHz band (TV Channels 15, 16, 17) in the Southern Louisiana-Texas Offshore Zone.

    (a) The frequency bands from 490-491 and 493-494 MHz will be 
available for assignment to stations governed by this part within Zone 
A. The boundaries of Zone A are from longitude 87 deg.45' on the east to 
longitude 94 deg.00' on the west, and from the 3-mile limit along the 
Gulf of Mexico shoreline on the north to the limit of the Outer 
Continental Shelf on the south. The frequency bands from 484-485 and 
476-488 MHz will be available for assignment to stations governed by 
this part within Zone B. The boundaries of Zone B are from longitude 
87 deg.45' on the east to longitude 95 deg.00' on the west and from the 
3-mile limit along the Gulf of Mexico shoreline on the north to the 
limit of the Outer Continental Shelf on the south. The frequency bands 
from 478-479 and 481-481 MHz will be available for assignment to 
stations governed by this part within Zone C. The boundaries of Zone C 
are from longitude 94 deg.00' on the east, the 3-mile limit on the north 
and west, a 281 km (175 mile) radius from the reference point at 
Linares, N.L., Mexico on the southwest, latitude 26 deg.00' on the 
south, and the limits of the Outer Continental Shelf on the southeast. 
These frequencies may also be assigned to fixed stations located on 
shore designed to provide communications service within the zone.
    (b) Offshore base/mobile, and offshore and shore fixed stations may 
be authorized.
    (c) F2, F3, F4, F9, and A2, A3, A4, and A9 emissions may be 
authorized.
    (d) Offshore stations shall afford cochannel protection to TV 
stations on Channels 15, 16 and 17. Station operating parameters shall 
be in accordance with the values given in table 1 of this section.

[[Page 399]]



    Table 1--Protection of Cochannel Television Stations by Offshore
 Stations Operating in the Southern Louisiana-Texas Offshore Zone (65 dB
              Protection); Maximum Effective Radiated Power
                               [In Watts]
------------------------------------------------------------------------
                                                Antenna Height above sea
                                                  level meters (feet)
  Distance from transmitter to co-channel TV  --------------------------
          station kilometers (miles)             30.5      45       61
                                                (100)    (150)    (200)
------------------------------------------------------------------------
338 (210)....................................    1,000    1,000    1,000
330 (205)....................................    1,000      900      800
322 (200)....................................      800      710      630
314 (195)....................................      590      520      450
306 (190)....................................      450      400      330
298 (185)....................................      320      280      240
290 (180)....................................      250      210      175
281 (175)....................................      175      150      130
274 (170)....................................      130      110      100
265 (165)....................................       95       80       70
257 (160)....................................       65       55       50
249 (155)....................................       50       40       35
241 (150)....................................       35       30       25
------------------------------------------------------------------------

    Note: To determine the maximum permissible effective radiated power:
    (1) As specified in Sec. 73.611 determine the distance between the 
proposed station and the cochannel television station. If the exact 
distance does not appear in table 1 of this section, the next lower 
distance separation is to be used.

    (2) Opposite this distance figure ERPs are given that may be used 
for antenna heights of 30.5, 45 or 61 meters (100, 150 or 200 ft) ASL. 
If the exact antenna height is not shown, the ERP allowed will be that 
shown for the next higher antenna height.
    (e) Shore stations communicating point-to-point with offshore 
stations will be permitted at least the same ERP as the offshore 
station, but only in the direction of the offshore station. A 
directional antenna shall be used and the rearward radiated power from 
the antenna in a sector 22\1/2\ deg. from the line joining 
the shore antenna to the cochannel television station shall not exceed 
those shown in table 2 of this section.

   Table 2.--Maximum Rearward Effective Radiated Power Allowed for Shore Stations; Rearward Effective Radiated
 Power (in Watts) From Shore Antenna in a Sector plus-minus>22\1/2\ deg. From the Line Joining the Shore Antenna
                                       to the Cochannel Television Station
----------------------------------------------------------------------------------------------------------------
                                                                Antenna height above ground in meters (feet)
Distance from transmitter to cochannel television station: -----------------------------------------------------
                    kilometers (miles)                        30.5      45       61      91.5    152.5     228
                                                             (100)    (150)    (200)    (300)    (500)    (750)
----------------------------------------------------------------------------------------------------------------
298 (185).................................................      320      280      240      190      125       90
290 (180).................................................      250      210      175      125      100       60
281 (175).................................................      175      150      130      100       70       50
274 (170).................................................      130      110      100       75       40       35
265 (165).................................................       95       82       70       50       35       25
257 (160).................................................       65       55       50       40       25       20
249 (155).................................................       50       40       35       30       20       15
241 (150).................................................       35       30       25       20       15       10
233 (145).................................................       25       20       18       15       10        7
225 (140).................................................       18       15       13       10        7        5
217 (135).................................................       13       10        9        7        5        3
209 (130).................................................       10        8        6        5        3        2
201 (125).................................................        7        6        5        4        3        2
193 (120).................................................        5        4        3        3        2        1
----------------------------------------------------------------------------------------------------------------

    Note: As an example of the use of tables 1 and 2, assume an offshore 
station located 290 km (180 mi) from TV Channel 17 located in Bude, 
Miss. with an antenna height of 30.5 m (100 ft). Table 1 allows this 
station to operate with 250 W ERP. Now assume the shore station 
communicating with the offshore station is 48 km (30 mi) from the 
offshore station and 241 km (150 mi) from Bude, Miss. The shore station 
antenna height is 152.5 m (500 ft) above ground. The shore station will 
be allowed the same ERP as the offshore station (250 W) in the direction 
of the offshore station. Table 2 indicates that the effective radiated 
power in a sector plus-minus> 22\1/2\ deg. from the line 
joining the shore antenna to Bude, Miss. can only be 15 W. Consequently, 
a directional antenna must be used whose minimum front-to-back ratio 
over this 45 deg. sector must be at least 12.2 dB. (250 W forward power 
to 15 W rearward power is a power ratio of 16.6 or 12.2 dB).
    (f) To provide cochannel protection to television stations, no shore 
station will be allowed closer than 193 km (120 miles) from the 
cochannel television station.
    (g) To provide adjacent channel protection to television stations, 
no shore or offshore station shall be allowed within an 128 km (80 mile) 
distance of

[[Page 400]]

the adjacent channel television station.
    (h) Mobile stations shall not operate closer to shore than 6.4 km (4 
miles) beyond the three mile limit and shall not operate with an ERP in 
excess of 100 watts with 9.1 m (30 ft) maximum antenna height.
    (i) Mobile stations installed in aircraft shall operate 11 km (7 
miles) beyond the three mile limit and shall not operate with an ERP in 
excess of 1 watt or at heights in excess of 305 m (1000 feet) AMSL.
    (j) The following frequency bands are available for assignment in 
all services for use in the Zones as defined in paragraph (a) of this 
section.

                        Paired Frequencies (MHZ)
------------------------------------------------------------------------
                                  Transmit (or           Receive (or
            Zone                    receive)              transmit)
------------------------------------------------------------------------
A...........................   490.01875-490.98125   493.01875-493.98125
B...........................   484.01875-484.98125   487.01875-487.98125
C...........................   478.01875-478.98125   481.01875-481.98125
------------------------------------------------------------------------

    Only the first and last assignable frequencies are shown. 
Frequencies shall be assigned in pairs with 3 MHz spacing between 
transmit and receive frequencies. Assignable frequency pairs will occur 
in increments of 6.25 kHz. The following frequencies will be assigned 
for a maximum authorized bandwidth of 6 kHz: 478.01875, 478.98125, 
484.01875, 484.98125, 490.01875, 490.98125, 481.01875, 481.98125, 
487.01875, 487.98125, 493.01875, and 493.98125.
    (k) Fixed stations operating point-to-point shall be assigned 
frequencies beginning with 490.025/493.025 MHz (Zone A), 484.025/487.025 
MHz (Zone B) and 478.025-481.025 MHz (Zone C) and progressing upwards 
utilizing available frequencies toward the end of the band. Offshore 
base/mobile stations shall be assigned frequencies beginning at 490.975/
493.975 MHz (Zone A), 484.975/478.975 MHz (Zone B) and 478.975/481.975 
MHz (Zone C) and progressing downwards utilizing available frequencies 
toward the beginning of the band. All frequency assignments are subject 
to the conditions specified in Sec. 90.173.

[50 FR 12027, Mar. 27, 1985; 50 FR 14389, Apr. 12, 1985, as amended at 
58 FR 44959, Aug. 25, 1993; 60 FR 37277, July 19, 1995]



Sec. 90.317  Fixed ancillary signaling and data transmissions.

    (a) Licensees of systems that have exclusive-use status in their 
respective geographic areas may engage in fixed ancillary signaling and 
data transmissions, subject to the following requirements:
    (1) All such ancillary operations must be on a secondary, non-
interference basis to the primary mobile operation of any other 
licensee.
    (2) The output power at the remote site shall not exceed 30 watts.
    (3) Any fixed transmitters will not count toward meeting the mobile 
loading requirements nor be considered in whole or in part as a 
justification for authorizing additional frequencies in the licensee's 
mobile system.
    (4) Automatic means must be provided to deactivate the remote 
transmitter in the event the carrier remains on for a period in excess 
of three minutes.
    (5) Operational fixed stations authorized pursuant to the provisions 
of this paragraph are exempt from the requirements of Secs. 90.425 and 
90.429.
    (6) If the system is licensed on 470-512 MHz conventional 
frequencies, and exclusivity has been achieved through the aggregate 
loading of more than a single co-channel licensee, then a licensee must 
obtain the concurrence of other co-channel licensees prior to commencing 
such ancillary operations.
    (b) Licensees of systems that do not have exclusive-use status in 
their respective geographic areas may conduct fixed ancillary signaling 
and data transmissions only in accordance with the provisions of 
Sec. 90.235 of this part.

[57 FR 34693, Aug. 6, 1992]



       Subpart M--Intelligent Transportation Systems Radio Service

    Source: 60 FR 15253, Mar. 23, 1995, unless otherwise noted.



Sec. 90.350  Scope.

    The Intelligent Transportation Systems Radio Service is for the 
purpose of integrating radio-based technologies

[[Page 401]]

into the nation's transportation infrastructure and to develop and 
implement the nation's intelligent transportation systems. It includes 
the Location and Monitoring Service (LMS). Rules as to eligibility for 
licensing, frequencies available, and any special requirements for 
services in the Intelligent Transportation Systems Radio Service are set 
forth in this subpart.

[60 FR 15253, Mar. 23, 1995, as amended at 62 FR 52044, Oct. 6, 1997]



Sec. 90.351  Location and Monitoring Service.

    These provisions authorize the licensing of systems in the Location 
and Monitoring Service (LMS). LMS systems utilize non-voice radio 
techniques to determine the location and status of mobile radio units. 
LMS licensees authorized to operate a system in the 902-928 MHz band may 
serve individuals, federal government agencies, and entities eligible 
for licensing in this part 90.
    (a) Each application to license an LMS system shall include the 
following supplemental information:
    (1) A detailed description of the manner in which the system will 
operate, including a map or diagram.
    (2) The necessary or occupied bandwidth of emission, whichever is 
greater.
    (3) The data transmission characteristics as follows:
    (i) The vehicle location update rates;
    (ii) Specific transmitter modulation techniques used;
    (iii) For codes and timing scheme: A table of bit sequences and 
their alphanumeric or indicator equivalents, and a statement of bit rise 
time, bit transmission rates, bit duration, and interval between bits;
    (iv) A statement of amplitude-versus-time of the interrogation and 
reply formats, and an example of a typical message transmission and any 
synchronizing pulses utilized.
    (4) A plan to show the implementation schedule during the initial 
license term.
    (b) LMS stations are exempted from the identification requirements 
of Sec. 90.425; however, the Commission may impose automatic station 
identification requirements when determined to be necessary for 
monitoring and enforcement purposes.



Sec. 90.353  LMS operations in the 902-928 MHz band.

    LMS systems may be authorized within the 902-928 MHz band, subject 
to the conditions in this section. LMS licensees are required to 
maintain whatever records are necessary to demonstrate compliance with 
these provisions and must make these records available to the Commission 
upon request:
    (a) LMS operations will not cause interference to and must tolerate 
interference from industrial, scientific, and medical (ISM) devices and 
radiolocation Government stations that operate in the 902-928 MHz band.
    (b) LMS systems are authorized to transmit status and instructional 
messages, either voice or non-voice, so long as they are related to the 
location or monitoring functions of the system.
    (c) LMS systems may utilize store and forward interconnection, where 
either transmissions from a vehicle or object being monitored are stored 
by the LMS provider for later transmission over the public switched 
network (PSN), or transmissions received by the LMS provider from the 
PSN are stored for later transmission to the vehicle or object being 
monitored. Real-time interconnection between vehicles or objects being 
monitored and the PSN will only be permitted to enable emergency 
communications related to a vehicle or a passenger in a vehicle. Such 
real-time, interconnected communications may only be sent to or received 
from a system dispatch point or entities eligible in the Public Safety 
or Special Emergency Radio Services. See subparts B and C of this part.
    (d) Multilateration LMS systems will be authorized on a primary 
basis within the bands 904-909.75 MHz and 921.75-927.25 MHz. 
Additionally, multilateration and non-multilateration systems will share 
the 919.75-921.75 MHz band on a co-equal basis. Licensing will be on the 
basis of Economic Areas (EAs) for multilateration systems, with one 
exclusive EA license being issued for each of these three sub-bands. 
Except as provided in paragraph (f) of this section,

[[Page 402]]

multilateration EA licensees may be authorized to operate on only one of 
the three multilateration bands within a given EA. Additionally, EA 
multilateration LMS licenses will be conditioned upon the licensee's 
ability to demonstrate through actual field tests that their systems do 
not cause unacceptable levels of interference to 47 CFR part 15 devices.
    (e) Multilateration EA-licensed systems and grandfathered AVM 
systems (see Sec. 90.363) are authorized on a shared basis and must 
cooperate in the selection and use of frequencies in accordance with 
Section 90.173(b).
    (f) Multilateration EA licensees may be authorized to operate on 
both the 919.75-921.75 MHz and 921.75-927.25 MHz bands within a given EA 
(see Sec. 90.209(b)(10)).
    (g) Multilateration LMS systems whose primary operations involve the 
provision of vehicle location services, may provide non-vehicular 
location services.
    (h) Non-multilateration stations are authorized to operate on a 
shared, non-exclusive basis in the 902-904 MHz and 909.75-921.75 MHz 
sub-bands. Non-multilateration systems and multilateration systems will 
share the 919.75-921.75 MHz band on a co-equal basis. Non-
multilateration LMS systems may not provide non-vehicular location 
services. The maximum antenna height above ground for non-
multilateration LMS systems is 15 meters.
    (i) Non-multilateration LMS licenses will be issued on a site-by-
site basis, except that municipalities or other governmental operatives 
may file jointly for a non-multilateration license covering a given U.S. 
Department of Commerce Bureau of Economic Analysis Economic Area (EA). 
Such an application must identify all planned sites. After receiving the 
license, the non-multilateration EA licensee must notify the Commission 
if sites are deleted or if new sites are added, before those sites may 
be put into operation.

[60 FR 15253, Mar. 23, 1995, as amended at 62 FR 52044, Oct. 6, 1997]



Sec. 90.355  LMS operations below 512 MHz.

    Applications requiring not more than 25 kHz bandwidth per frequency 
in the 25-50 MHz, 150-170 MHz, and 450-512 MHz bands may use either 
base-mobile frequencies currently assigned the applicant, or be assigned 
base-mobile frequencies available in the service in which eligibility 
has been established, provided that:
    (a) For transmission between vehicles and base stations, each 
frequency in a single-frequency mode of operation will provide location 
data for approximately 200 vehicles, or both frequencies in a two-
frequency mode of operation will provide location data for approximately 
400 vehicles, except that for frequencies in the 450-512 MHz band that 
are assigned in pairs in accordance with the allocation plan for the 
band, the requirement is that location data be provided for 
approximately 200 vehicles for each frequency pair; and a showing is 
made that 50 percent of the vehicles will be in operation within the 
system by the end of the second year of the initial license term, and 70 
percent will be in operation within the system by the end of the initial 
license term; except that if these vehicle loading standards will not be 
met, frequencies will be assigned only on a secondary non-interference 
basis to any authorized radiotelephony operation.
    (b) The minimum separation between a proposed LMS station and the 
nearest co-channel base station of another licensee operating a voice 
system is 75 miles (120 km) for a single frequency mode of operation or 
35 miles (56 km) for a two-frequency mode of operation. Where the 
minimum mileage separation cannot be achieved, agreement to the use of 
F1D, F2D, G1D, G2D or P0N emission must be received from all existing 
co-channel licensees using voice emissions within the applicable mileage 
limits. If there is interference with voice operations and required 
agreement was not received, or operation was authorized on a secondary 
non-interference basis, the licensee of the LMS system is responsible 
for eliminating the interference.

[[Page 403]]

    (c) Frequencies additional to any assigned under paragraph (a) of 
this section will not be assigned to the same licensee at any stations 
located within 64 km (40 miles) of any station in which the licensee 
holds an interest until each of such licensee's frequencies for LMS 
operation is shown to accommodate not less than 90 percent of the 
frequency loading requirements specified in paragraph (a) of this 
section.



Sec. 90.357  Frequencies for LMS systems in the 902-928 MHz band.

    (a) Multilateration LMS systems will be authorized on the following 
LMS sub-bands:


------------------------------------------------------------------------
               LMS Sub-band                       Forward Link \1\
------------------------------------------------------------------------
904.000-909.750 MHz.......................  927.750-928.000 MHz.
919.750-921.750 MHz \2\...................  927.500-927.750 MHz.
921.750-927.250 MHz.......................  927.250-927.500 MHz.
------------------------------------------------------------------------
\1\ Forward links for LMS systems may also be contained within the LMS
  sub-band. However, the maximum allowable power in these sub-bands is
  30 watts ERP in accordance with Sec.  90.205(j).
\2\ The frequency band 919.750-921.750 MHz is shared co-equally between
  multilateration and non-multilateration LMS systems.


    (b) Non-multilateration LMS systems will be authorized on the 
following frequency bands:

                            LMS Sub-band \1\

902.000-904.000 MHz
909.750-921.750 MHz

    \1\ Applicants for non-multilateration LMS systems should request 
only the minimum amount of bandwidth necessary to meet their operational 
needs.

[60 FR 15253, Mar. 23, 1995, as amended at 60 FR 37277, July 19, 1995]



Sec. 90.359  Field strength limits for EA-licensed LMS systems.

    EA-licensed multilateration systems shall limit the field strength 
of signals transmitted from their base stations to 47 dBuV/m at their EA 
boundary.

[62 FR 52044, Oct. 6, 1997]



Sec. 90.361  Interference from part 15 and Amateur operations.

    Operations authorized under Parts 15 and 97 of this chapter may not 
cause harmful interference to LMS systems in the 902-928 MHz band. These 
operations will not be considered to be causing harmful interference to 
a multilateration LMS system operating in one of the three EA sub-bands 
(see Sec. 90.357(a)) if they are non-video links operating in accordance 
with the provisions of Parts 15 or 97 of this chapter and at least one 
of the following conditions are met:
    (a) It is a field disturbance sensor operating under Sec. 15.245 of 
this chapter and it is not operating in the 904-909.750 or 919.750-
928.000 MHz sub-bands; or
    (b) It does not employ an outdoor antenna; or
    (c) If it does employ an outdoor antenna, then if:
    (1) The directional gain of the antenna does not exceed 6 dBi, or if 
the directional gain of the antenna exceeds 6 dBi, it reduces its 
transmitter output power below 1 watt by the proportional amount that 
the directional gain of the antenna exceeds 6 dBi; and
    (2) Either:
    (i) The antenna is 5 meters or less in height above ground; or
    (ii) The antenna is more than 5 meters in height above ground but 
less than or equal to 15 meters in height above ground and either:
    (A) Adjusts its transmitter output power below 1 watt by 20 log (h/
5) dB, where h is the height above ground of the antenna in meters; or
    (B) Is providing the final link for communications of entities 
eligible under subpart B or C of this Part, or is providing the final 
link for communications of health care providers that serve rural areas, 
elementary schools, secondary schools or libraries.

[60 FR 15253, Mar. 23, 1995, as amended at 62 FR 52044, Oct. 6, 1997]



Sec. 90.363  Grandfathering provisions for existing AVM licensees.

    (a) These provisions authorize grandfathered operation by automatic 
vehicle monitoring (AVM) systems licensed on or before February 3, 1995. 
To attain grandfathered status for their stations, existing 
multilateration AVM licensees must file, on or before May 22, 1995, 
applications to modify their station licenses to comply with the band 
plan shown in Sec. 90.357(a). These applications to modify must identify 
the multilateration sub-band or sub-bands in which the applicants intend 
to operate their LMS system stations, once their applications to modify 
have been

[[Page 404]]

authorized. The application to modify a license to comply with the band 
plan shown in Sec. 90.357(a) may also include a modification to specify 
an alternate site, so long as the alternate site is 2 kilometers or less 
from the site specified in the original license.
    (b) When existing multilateration AVM licensees file applications to 
modify, as specified in paragraph (a) of this section, they must certify 
that either:
    (1) The stations that compose their AVM system were constructed and 
placed in operation in accordance with Sec. 90.155(e) on or before 
February 3, 1995; or
    (2) The stations were not constructed and placed in operation in 
accordance with Sec. 90.155(e) on or before February 3, 1995.
    (c) Multilateration AVM systems that were constructed and placed in 
operation on or before February 3, 1995 will be given until April 1, 
1998 to convert to the spectrum identified in their LMS system license. 
Such licensees may continue to operate their systems during this period. 
Licensees of multilateration AVM constructed and operational systems 
that do not file applications to modify on or before May 22, 1995, will 
be permitted to continue operations under the provisions of former 
Sec. 90.239 until April 1, 1998 or the end of their original license 
term, whichever occurs first, at which time such licenses will cancel 
automatically and will not be renewed.
    (d) Multilateration AVM licensees for stations that were not 
constructed and placed in operation on or before February 3, 1995 must 
construct their LMS systems and place them in operation on the spectrum 
identified in their LMS system license on or before September 1, 1996, 
or their licenses will cancel automatically (see Section 90.155 (e)). 
Also, these licenses will cancel automatically on July 1, 1996 unless 
timely modification applications are filed on or before this date (see 
paragraph (a) of this section).
    (e) Non-multilateration systems licensed in spectrum other than the 
902.00-904.00 and 909.75-921.75 MHz bands must modify their licenses by 
April 1, 1998 to specify operation solely in the bands provided in 
Sec. 90.357(b) for non-multilateration systems and to operate their 
systems consistently with the provisions of Sec. 90.353.

[60 FR 15253, Mar. 23, 1995, as amended at 61 FR 18986, Apr. 30, 1996]



Sec. 90.365  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. 90.153.
    (2) Multilateration LMS licensees may apply to partition their 
licensed geographic service area or disaggregate their licensed spectrum 
at any time following the grant of their licenses. Multilateration LMS 
licensees may partition or disaggregate to any party that is also 
eligible to be a multilateration LMS licensee. Partitioning is permitted 
along any service area defined by the parties, and spectrum may be 
disaggregated in any amount. The Commission will also consider requests 
for partial assignment of licenses that propose combinations of 
partitioning and disaggregation.
    (b) Technical Requirements--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 three degrees along the 
partitioned service area unless 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 based on NAD27. In the case where county 
lines are utilized, applicants need only list the specific area(s) 
(through use of county names) that constitute the partitioned area.
    (c) License term. The license term for a partitioned license area, 
and for

[[Page 405]]

disaggregated spectrum shall be the remainder of the original licensee's 
license term.
    (d) Construction requirements--(1) Requirements for partitioning.
    (i) Parties seeking authority to partition must meet one of the 
following construction requirements:
    (A) The partitionee may certify that it will satisfy the applicable 
construction requirements for the partitioned license area; or
    (B) The original licensee may certify that it has or will meet the 
construction requirement for the entire license area.
    (ii) Applications requesting authority to partition must include a 
certification by each party as to which of the above construction 
options they select.
    (iii) 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 construction requirement for the licensed 
market. 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 be 
subject to license forfeiture without further Commission action.

[63 FR 40663, July 30, 1998]

    Effective Date Note:  At 63 FR 40663, July 30, 1998, Sec. 90.365 was 
added, effective Sept. 28, 1998, except paragraph (d) which is effective 
Jan. 19, 1999.



                    Subpart N--Operating Requirements



Sec. 90.401  Scope.

    The subpart prescribes general operating requirements for stations 
licensed under this part. This includes station operating procedures, 
points of communication, permissible communications, methods of station 
identification, control requirements, and station record keeping 
requirements.



Sec. 90.403  General operating requirements.

    (a) Licensees of radio stations in the private land mobile radio 
services shall be directly responsible for the proper operation and use 
of each transmitter for which they are licensed. In this connection, 
licensees shall exercise such direction and control as is necessary to 
assure that all authorized facilities are employed:
    (1) Only for permissible purposes;
    (2) Only in a permissible manner; and
    (3) Only by persons with authority to use and operate such 
equipment.
    (b) In carrying out their responsibilities under Sec. 90.403(a), 
licensees shall be bound by the provisions of the Communications Act of 
1934, as amended, and by the rules and regulations of the Commission 
governing the radio service in which their facilities are licensed; and 
licensees may not, through written or oral agreements or otherwise, 
relieve themselves of any duty or obligation imposed upon them, by law, 
as licensees.
    (c) Except for stations that have been granted exclusive channels 
under this part and that are classified as commercial mobile radio 
service providers pursuant to part 20 of this chapter, each licensee 
must restrict all transmissions to the minimum practical transmission 
time and must employ an efficient operating procedure designed to 
maximize the utilization of the spectrum.
    (d) Communications involving the imminent safety-of-life or property 
are to be afforded priority by all licensees.
    (e) Licensees shall take reasonable precautions to avoid causing 
harmful interference. This includes monitoring the transmitting 
frequency for communications in progress and such other measures as may 
be necessary to minimize the potential for causing interference.
    (f) Stations licensed in this part shall not continuously radiate an 
unmodulated carrier except where required for tests as permitted in 
Sec. 90.405, except where specifically permitted by this part, where 
specifically authorized in the station authorization, or on an

[[Page 406]]

as needed basis in the Radiolocation Radio Service.
    (g) The radiations of the transmitter shall be suspended immediately 
upon detection or notification of a deviation from the technical 
requirements of the station authorization and until such deviation is 
corrected. For transmissions concerning the imminent safety-of-life or 
property, the transmissions shall be suspended as soon as the emergency 
is terminated.

[43 FR 54791, Nov. 22, 1978; 44 FR 32220, June 5, 1979, as amended at 59 
FR 59965, Nov. 21, 1994]



Sec. 90.405  Permissible communications.

    (a) Stations licensed under this part may transmit only the 
following types of communication:
    (1) Any communication related directly to the imminent safety-of-
life or property;
    (2) Communications directly related and necessary to those 
activities which make the licensee eligible for the station license held 
under this part. In addition, when communication service is provided 
under the cooperative sharing provisions of Sec. 90.179, the licensee 
providing such service may transmit communications related to the 
activities for which the parties receiving the service would be eligible 
to be licensed.
    (3) Communications for testing purposes required for proper station 
and system maintenance. However, each licensee shall keep such tests to 
a minimum and shall employ every measure to avoid harmful interference.
    (b) The provisions contained in paragraph (a) of this section do not 
apply where a single base station licensee has been authorized to use a 
channel above 470 MHz on an exclusive basis, or to stations licensed 
under this part that are classified as CMRS providers under part 20 of 
this chapter.

[50 FR 6182, Feb. 14, 1985, as amended at 59 FR 59965, Nov. 21, 1994]



Sec. 90.407  Emergency communications.

    The licensee of any station authorized under this part may, during a 
period of emergency in which the normal communication facilities are 
disrupted as a result of hurricane, flood, earthquake or similar 
disaster, utilize such station for emergency communications in a manner 
other than that specified in the station authorization or in the rules 
and regulations governing the operation of such stations. The Commission 
may at any time order the discontinuance of such special use of the 
authorized facilities.

[49 FR 36376, Sept. 17, 1984]



Sec. 90.411  Civil defense communications.

    The licensee of any station authorized under this part may, on a 
voluntary basis, transmit communications necessary for the 
implementation of civil defense activities assigned such station by 
local civil defense authorities during an actual or simulated emergency, 
including drills and tests. The Commission may at any time order the 
discontinuance of such special use of the authorized facilities.

[49 FR 36376, Sept. 17, 1984]



Sec. 90.415  Prohibited uses.

    Stations licensed under this part shall not:
    (a) Transmit program material of any kind for use in connection with 
broadcasting; or
    (b) Render a communications common carrier service, except for 
stations in the Public Safety Pool providing communications standby 
facilities under Sec. 90.20(a)(2)(xi) and stations licensed under this 
part in the SMR, private carrier paging, Industrial/Business Pool, or 
220-222 MHz services.

[43 FR 54791, Nov. 22, 1978, as amended at 59 FR 59965, Nov. 21, 1994; 
62 FR 18933, Apr. 17, 1997]



Sec. 90.417  Interstation communication.

    (a) Any station licensed under this part may communicate with any 
other station without restriction as to type, service, or licensee when 
the communications involved relate directly to the imminent safety-of-
life or property.
    (b) Any station licensed under this part may communicate with any 
other station licensed under this part, with U.S. Government stations, 
and with foreign stations, in connection with mutual activities, 
provided that where the communication involves foreign

[[Page 407]]

stations prior approval of the Commission must be obtained, and such 
communication must be permitted by the government that authorizes the 
foreign station. Communications by Public Safety Pool eligibles with 
foreign stations will be approved only to be conducted in accordance 
with Article 5 of the Inter-American Radio Agreement, Washington, DC, 
1949, the provisions of which are set forth in Sec. 90.20(b).

[43 FR 54791, Nov. 22, 1978, as amended at 62 FR 18933, Apr. 17, 1997]



Sec. 90.419  Points of communication.

    Normally, operations licensed under this part are intended to 
provide intrastation mobile communications. For example, a base station 
is intended to communicate with its associated mobile stations and 
mobile stations are intended to communicate between associated mobile 
stations and associated base stations of the licensee. Accordingly, 
operations between base stations at fixed locations are permitted only 
in the following situations:
    (a) Base stations licensed under subpart T of this part and those in 
the Public Safety Pool that operate on frequencies below 450 MHz, may 
communicate on a secondary basis with other base stations, operational 
fixed stations, or fixed receivers authorized in these services or 
pools.
    (b) Base stations licensed on any frequency in the Industrial/
Business Pool and on base stations frequencies above 450 MHz in the 
Public Safety Pool may communicate on a secondary basis with other base 
stations, operational fixed stations, or fixed receivers authorized in 
these pools only when:
    (1) The messages to be transmitted are of immediate importance to 
mobile stations; or
    (2) Wireline communications facilities between such points are 
inoperative, economically impracticable, or unavailable from 
communications common carrier sources. Temporary unavailability due to a 
busy wireline circuit is not considered to be within the provisions of 
this paragraph.
    (c) Operational fixed stations may communicate with units of 
associated mobile stations only on a secondary basis.
    (d) Operational fixed stations licensed in the Industrial/Business 
Pool may communicate on a secondary basis with associated base stations 
licensed in these services when:
    (1) The messages to be transmitted are of immediate importance to 
mobile stations; or
    (2) Wireline communications facilities between such points are 
inoperative, economically impracticable, or unavailable from 
communications common carrier sources. Temporary unavailability due to a 
busy wireline circuit is not considered to be within the provisions of 
this paragraph.
    (e) Travelers' Information Stations are authorized to transmit 
certain information to members of the traveling public (see 
Sec. 90.242).
    (f) CMRS Licensees in the SMR categories of part 90, subpart S, CMRS 
providers authorized in the 220 MHz service of part 90, subpart T, CMRS 
paging operations as defined by part 90, subpart P and for-profit 
interconnected business radio services with eligibility defined by 
section 90.75 are permitted to utilize their assigned spectrum for fixed 
services on a co-primary basis with their mobile operations.

[61 FR 45356, Aug. 29, 1996, as amended at 62 FR 18933, Apr. 17, 1997]



Sec. 90.421  Operation of mobile units in vehicles not under the control of the licensee.

    Mobile station transmitters may be installed in vehicles operated by 
persons other than the licensee as provided in the following paragraphs 
when necessary for the licensee to meet his requirements in connection 
with the activities for which he is licensed. The number of units so 
installed, together with units installed in vehicles operated by the 
licensee, must not exceed the number of mobile units authorized to the 
licensee. When an insufficient number of units is licensed to cover such 
additional units, the license must be modified to add a sufficient 
number of mobile units. The licensee is responsible for taking any 
necessary precaution to effectively eliminate the possibility of 
unauthorized operation of transmitters when not under the control of the 
licensee.

[[Page 408]]

    (a) Public Safety Pool. (1) Mobile units licensed in the Public 
Safety Pool may be installed in any vehicle which in an emergency would 
require cooperation and coordination with the licensee, and in any 
vehicle used in the performance, under contract, of official activities 
of the licensee. This provision does not permit the installation of 
radio units in non-emergency vehicles that are not performing 
governmental functions under contract but with which the licensee might 
wish to communicate.
    (2) Additionally, units may be installed in the following:
    (i) Vehicles of contractors or other persons having a direct 
responsibility for official highway activities;
    (ii) Vehicles of forestry cooperators, and persons having a direct 
responsibility in the prevention, detection, and suppression of forest 
fires; and
    (iii) Mobile units licensed under Sec. 90.20(a)(2)(iii) may be 
installed in a vehicle or be hand-carried for use by any person with 
whom cooperation or coordinations is required for medical services 
activities.
    (b) Industrial/Business Pool. Mobile units licensed in the 
Industrial/Business Pool may be installed in the following:
    (1) Vehicles of persons furnishing under contract to the licensee 
and for the duration of the contract, a facility or service directly 
related to the activities of the licensee;
    (2) Vehicles operated by an organization or association comprised of 
interconnected electric utilities forming interconnections, power pools, 
or groups;
    (3) Vehicles of persons furnishing a private emergency road service 
to its members pursuant to a contract with the association; and
    (4) Vehicles operated by organizations providing, under contract, 
facilities or service in connection with railroad operation or 
maintenance including pickup, delivery, or transfer between stations of 
property shipped, continued in, or destined for shipment by railroad 
common carrier. Parties to the contract must comply with the provisions 
of Sec. 90.179.
    (c) In addition to the above, frequencies assigned to licensees in 
the Private Land Mobile Radio Services may be installed in the 
facilities of those who assist the licensee in emergencies and with whom 
the licensee must communicate in situations involving imminent safety to 
life or property.

[43 FR 54791, Nov. 22, 1978, as amended at 44 FR 50603, Aug. 29, 1979; 
47 FR 19539, May 6, 1982; 47 FR 42751, Sept. 29, 1982; 61 FR 6576, Feb. 
21, 1996; 62 FR 18933, Apr. 17, 1997]



Sec. 90.423  Operation on board aircraft.

    (a) Except as provided in paragraphs (b), (c), and (d) of this 
section, and except as may be provided in other sections of this part 
with respect to operation on specific frequencies, mobile stations first 
authorized after September 14, 1973, under this part may be operated 
aboard aircraft for air-to-mobile, air-to-base, air-to-air and air-to-
ship communications subject to the following:
    (1) Operations are limited to aircraft that are regularly flown at 
altitudes below 1.6 km (1 mi) above the earth's surface;
    (2) Transmitters are to operate with an output power not to exceed 
ten watts;
    (3) Operations are secondary to land-based systems;
    (4) Such other conditions, including additonal reductions of 
altitude and power limitations, as may be required to minimize the 
interference potential to land-based systems.
    (b) Exceptions to the altitude and power limitations set forth in 
paragraph (a) of this section may be authorized upon a showing of 
unusual operational requirements which justify departure from those 
standards, provided that the interference potential to regular land-
based operations would not be increased.
    (c) Mobile operations aboard aircraft in the services governed by 
this part, under licenses in effect September 14, 1973, may be continued 
without regard to provisions of paragraph (a) of this section, as 
follows:
    (1) Operations may be continued only for the balance of the term of 
such licenses if aircraft involved are regularly flown at altitudes 
greater than 1.6 km (1 mi) above the earth's surface.
    (2) Operations may be continued for one additional renewal license 
term if

[[Page 409]]

the aircraft involved are regularly flown at altitudes below 1.6 km (1 
mi) above the earth's surface.
    (d) Operation of radiolocation mobile stations may be authorized 
without regard to limitations and conditions set forth in paragraphs 
(a), (b), and (c) of this section.

[43 FR 54791, Nov. 22, 1978, as amended at 58 FR 44960, Aug. 25, 1993]



Sec. 90.425  Station identification.

    Stations licensed under this part shall transmit identification in 
accordance with the following provisions:
    (a) Identification procedure. Except as provided for in paragraph 
(d) of this section, each station or system shall be identified by the 
transmission of the assigned call sign during each transmission or 
exchange of transmissions, or once each 15 minutes (30 minutes in the 
Public Safety Pool) during periods of continuous operation. The call 
sign shall be transmitted by voice in the English language or by 
International Morse Code in accordance with paragraph (b) of this 
section. If the station is employing either analog or digital voice 
scrambling, or non-voice emission, transmission of the required 
identification shall be in the unscrambled mode using A3E, F3E or G3E 
emission, or International Morse, with all encoding disabled. 
Permissible alternative identification procedures are as follows:
    (1) A mobile relay stations call sign may be used to identify the 
associated control and mobile stations, except in the Public Safety Pool 
where the stations operate on frequencies below 450 MHz. Alternatively, 
a base station (including a mobile relay station) which is controlled by 
radio may be identified by the transmission of the call sign of the 
station at which communications originate.
    (2) One or more fixed relay stations may be identified by the 
transmission of the call signs of the stations at which the 
communications originate.
    (3) When a mobile station transmits on a different frequency than 
its associated base station, the assigned call sign of either the mobile 
station or the base station may be transmitted. Further, a single mobile 
unit in the licensee's authorized geographic area of operation may 
transmit station identification on behalf of any other operating mobile 
units in the fleet.
    (4) Use of an identifier other than the assigned call sign. (i) In 
the Public Safety Pool, mobile units licensed to a governmental entity 
and which operate on frequencies above 30 MHz may use an identifier 
which contains, at a minimum, the name of the licensee if the licensee 
maintains at the station a list of the special identifiers to be used by 
the mobile units.
    (ii) In the Industrial/Business Pool, licensees may request the 
Commission's local Engineer-in-Charge to approve the use of special 
mobile unit identifiers in lieu of the assigned call sign. Such 
requests, however, will not be granted where it appears that harmful 
interference to international operations may be caused by stations below 
50 MHz, or by stations operating in areas within 80 km (50 miles) of an 
international boundary, or where it appears that the proposed method of 
identification will not adequately distinguish the mobile units of the 
applicant from the mobile units of other licensees in the area.
    (iii) In the Industrial/Business Pool, railroad licensees (as 
defined in Sec. 90.7) may identify stations by the name of the railroad 
and the train number, caboose number, engine number, or the name of the 
fixed wayside station. If none of these forms are practicable, any 
similar name or number may be designated by the railroad concerned for 
use by its employees in the identification of fixed points or mobile 
units; Provided, That, a list of such identifiers is maintained by the 
railroad. An abbreviated name or the initials of the railroad may be 
used where such are in general usage. In those areas where it is shown 
that no difficulty would be encountered in identifying the transmission 
of a particular station (as, for example, where stations of one licensee 
are located in a yard isolated from other radio installations), approval 
may be given to a request from the licensee for permission to omit the 
station identification.
    (5) Use of identifiers in addition to assigned call signs. Nothing 
in this section shall be construed as prohibiting the

[[Page 410]]

transmission of station or unit identifiers which may be necessary or 
desirable for system operation, Provided, That, they are transmitted in 
addition to the assigned station call sign or other permissible form of 
identification.
    (b) Use of automatic Morse code identification equipment. 
Automatically activated equipment may be used to transmit station 
identification in International Morse Code pursuant to the following 
conditions:
    (1) The signal output of the automatic identification equipment 
shall be connected to the transmitter at the microphone input or any 
other manufacturer-provided signal input terminal and shall be adjusted 
to produce 40 percent plus-minus 10 percent of the maximum 
permissible modulation or deviation level. This adjustment shall be 
performed when all other modulating signals are absent.
    (2) The Morse code transmission rate shall be maintained between 20 
and 25 words per minute.
    (3) The frequency of the keyed tone comprising the identification 
signal shall be 1200 plus-minus 800 Hz. A licensee may be 
required to change the frequency in order to prevent interference to the 
operations of another co-channel licensee.
    (4) Should activation of automatic Morse code identification 
equipment interrupt the communications of another co-channel licensee, 
the Commission may require the use of equipment which will delay 
automatic station identification until such co-channel communications 
are completed.
    (c) Special provisions for identification in the Radiolocation 
Service. (1) Stations in the Radiolocation Service are not required to 
identify except upon specific instruction from the Commission or as 
required by paragraph (c)(2) of this section.
    (2) Stations in the Radiolocation Service operating on frequencies 
above 3400 kHz that employ spread spectrum techniques shall transmit a 
two-letter manufacturer's designator, authorized by the Commission on 
the station authorization, at the beginning and ending of each 
transmission and once every 15 minutes during periods of continuing 
operation. The designator shall be transmitted in International Morse 
Code at a speed not exceeding 25 words per minute, and the spread 
spectrum mode of operation shall be maintained while the designator is 
being transmitted. The identifying signal shall be clearly receivable in 
the demodulated audio of a narrow-band FM receiver.
    (d) General exemptions. A station need not transmit identification 
if:
    (1) It is a mobile station operating on the transmitting frequency 
of the associated base station.
    (2) It is a mobile station in the Public Safety Pool using F1E or 
G1E emission.
    (3) It is transmitting for telemetering purposes or for the 
activation of devices which are employed solely as a means of attracting 
attention, or for remote control purposes, or which is retransmitting by 
self-actuating means, a radio signal received from another radio station 
or stations.
    (4) It is any type of radiopositioning or radar station authorized 
in a service other than the Radiolocation Service.
    (5) It is used solely for automatic vehicle monitoring or location.
    (6) It is a paging station authorized in accordance with the 
provisions of Sec. 90.20(a)(2)(v).
    (7) It is a mobile station employing non-voice emissions and the 
associated base station identifies on behalf of the mobile unit(s).
    (8) It is a base or mobile station in the 220-222 MHz band 
authorized to operate on a nationwide basis in accordance with subpart T 
of this part.
    (9) It is a wireless microphone station operating in accordance with 
the provisions of Sec. 90.265(b).
    (e) Special provisions for stations licensed under this part that 
are classified as CMRS providers under part 20 of this chapter.
    (1) Station identification will not be required for 929-930 MHz 
nationwide paging licensees and MTA-based SMR licensees. All other CMRS 
stations will be required to comply with the station identification 
requirements of paragraphs (a) through (d) of this section.
    (2) CMRS stations subject to a station identification requirement 
will be permitted to use a single call sign for commonly owned 
facilities that are operated as part of a single system. The call sign 
must be transmitted each

[[Page 411]]

hour within five minutes of the hour, or upon completion of the first 
transmission after the hour.
    (3) CMRS stations granted exclusive channels may transmit their call 
signs digitally. The station licensee must provide the Commission with 
information sufficient to decode the digital transmission to ascertain 
the transmitted call sign.

[43 FR 54791, Nov. 22, 1978]

    Editorial Note: For Federal Register citations affecting 
Sec. 90.425, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 90.427  Precautions against unauthorized operation.

    (a) Each transmitter shall be so installed and protected that it is 
not accessible to or capable of operation by persons other than those 
duly authorized by and under the control of the licensee. Provisions of 
this part authorizing certain unlicensed persons to operate stations, or 
authorizing unattended operation of stations in certain circumstances, 
shall not be construed to change or diminish in any respect the 
responsibility of station licensees to maintain control over the 
stations licensed to them (including all transmitter units thereof), or 
for the proper functioning and operation of those stations and 
transmitter units in accordance with the terms of the licenses of those 
stations.
    (b) Except for frequencies used in accordance with Sec. 90.417, no 
person shall program into a transmitter frequencies for which the 
licensee using the transmitter is not authorized.

[43 FR 54791, Nov. 22, 1978, as amended at 52 FR 47570, Dec. 15, 1987]



Sec. 90.429  Control point and dispatch point requirements.

    (a) Control point required. Unless permitted to be operated on an 
unattended basis, each station shall be provided with a control point;
    (b) A control point is an operating position:
    (1) Which must be under the control and supervision of the licensee;
    (2) Where a person immediately responsible for the operation of the 
transmitter is stationed;
    (3) Where the monitoring facilities required by this part are 
installed.
    (c) Control point location. The location of the control point will 
be specified in the station license and will be assumed to be the same 
as that of the transmitting equipment unless an application for a 
different location has been approved by the Commission.
    (d) Control point facilities required. At each 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, a pilot lamp or meter 
which will provide continuous visual indication when the transmitter 
circuits have been placed in a condition to produce radiation. The 
provisions of this subparagraph shall not apply to hand-carried 
transmitters or transmitters installed on motorcycles. The control point 
for a transmitter utilized to activate another radio station may employ 
a single pilot lamp or meter as an indication of the activation of local 
and remote transmitters.
    (2) Facilities which will permit the person responsible for the 
operation of the transmitter either to disconnect the dispatch point 
circuits from the transmitter or to render the transmitter inoperative 
from any dispatch point under his supervision; and
    (3) Facilities which will permit the person responsible for the 
operation of the transmitter to turn the transmitter carrier on and off 
at will.
    (e) Dispatch point. A dispatch point is any position from which 
messages may be transmitted under the supervision of the person at a 
control point who is responsible for the operation of the transmitter. 
Dispatch points may be installed without authorization from the 
Commission.

[43 FR 54791, Nov. 22, 1978; 44 FR 67118, Nov. 23, 1979, as amended at 
48 FR 29517, June 27, 1983]



Sec. 90.431  Unattended operation.

    No person is required to be in attendance at a station when 
transmitting during normal rendition of service and when either:
    (a) Transmitting for telemetering purposes; or,

[[Page 412]]

    (b) Retransmitting by self-actuating means a radio signal received 
from another radio station or stations.



Sec. 90.433  Operator requirements.

    (a) No operator license or permit is required for the operation, 
maintenance, or repair of stations licensed under this part.
    (b) Any person, with the consent or authorization of the licensee, 
may employ stations in this service for the purpose of 
telecommunications.
    (c) The station licensee shall be responsible for the proper 
operation of the station at all times and is expected to provide 
observations, servicing and maintenance as often as may be necessary to 
ensure proper operation. All adjustments or tests during or coincident 
with the installation, servicing, or maintenance of the station should 
be performed by or under the immediate supervision and responsibility of 
a person certified as technically qualified to perform transmitter 
installation, operation, maintenance, and repair duties in the private 
land mobile services and fixed services by an organization or committee 
representative of users in those services.
    (d) The provisions of paragraph (b) of this section shall not be 
construed to change or diminish in any respect the responsibility of 
station licensees to have and to maintain control over the stations 
licensed to them (including all transmitter units thereof), or for the 
proper functioning and operation of those stations (including all 
transmitter units thereof), in accordance with the terms of the licenses 
of those stations.

(Secs. 4(i) and 303(r), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(r), and sec. 553 of the Administrative Procedures 
Act, 5 U.S.C. 553)

[49 FR 20672, May 16, 1984]



Sec. 90.437  Posting station licenses.

    (a) The current original authorization for each station shall be 
retained as a permanent part of the station records but need not be 
posted.
    (b) Entities authorized under this part must make available either a 
clearly legible photocopy of the authorization for each base or fixed 
station at a fixed location at every control point of the station or an 
address or location where the current authorization may be found.
    (c) Entities operating under a temporary permit authorized in 
accordance with Sec. 90.159 shall post an executed copy of the Form 572 
at every control point of the system or an address or location where the 
current executed copy may be found.
    (d) An applicant operating under a temporary permit authorized in 
accordance with Sec. 90.657 must retain an executed copy of FCC Form 572 
as a permanent part of the station records.

[43 FR 54791, Nov. 22, 1978, as amended at 45 FR 59884, Sept. 11, 1980; 
47 FR 41045, Sept. 16, 1982; 47 FR 51883, Nov. 18, 1982; 54 FR 4030, 
Jan. 27, 1989; 59 FR 59965, Nov. 21, 1994]



Sec. 90.439  Inspection of stations.

    All stations and records of stations in these services shall be made 
available for inspection at any reasonable time and any time while the 
station is in operation upon reasonable request of an authorized 
representative of the Commission.



Sec. 90.441  Inspection and maintenance of antenna structure marking and associated control equipment.

    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.

[61 FR 4369, Feb. 6, 1996]



Sec. 90.443  Content of station records.

    Each licensee of a station in these services shall maintain records 
in accordance with the following:
    (a) For all stations, the results and dates of the transmitting 
measurements required by Sec. 90.215 of this part and the name of the 
person or persons making the measurements.
    (b) For all stations, the dates and pertinent details of any 
maintenance performed on station equipment, and

[[Page 413]]

the name and address of the service technician who did the work. If all 
maintenance is performed by the same technician or service company, the 
name and address need be entered only once in the station records.
    (c) For private land stations that are interconnected with the 
public switched telephone network, the licensee must maintain a detailed 
description of how interconnection is accomplished. When telephone 
service costs are shared, at least one licensee participating in the 
cost sharing arrangement must maintain cost sharing records. A report of 
the cost distribution must be placed in the licensee's station records 
and made available to participants in the sharing and the Commission 
upon request. See Sec. 90.477.
    (d) For shared land stations, the records required by Sec. 90.179.

[43 FR 54791, Nov. 22, 1978, as amended at 48 FR 26621, June 9, 1983; 48 
FR 29518, June 27, 1983; 50 FR 39681, Sept. 30, 1985; 50 FR 40976, Oct. 
8, 1985; 61 FR 4369, Feb. 6, 1996]



Sec. 90.445  Form of station records.

    (a) Station records shall be kept in an orderly manner, and in such 
detail that the data required are readily available. Key letters or 
abbreviations may be used if proper meaning or explanation is set forth 
in the record.
    (b) Each entry in the records of each station shall be signed by a 
person qualified to do so, having actual knowledge of the facts to be 
recorded.
    (c) No record or portion thereof shall be erased, obliterated, or 
wilfully destroyed within the required retention period. Any necessary 
correction may be made only by the person originating the entry, who 
shall strike out the erroneous portion, initial the correction made, and 
indicate the date of correction.



Sec. 90.447  Retention of station records.

    Records required by this part shall be retained by the licensee for 
at least one year.



Sec. 90.449  Answers to official communications and notices of violation.

    (a) Licensees are required to respond to official communications 
with reasonable dispatch and according to the tenor of the 
communication. Failure to do so may be considered by the Commission to 
reflect adversely on a person's qualifications to hold Commission 
authorizations and may also create liabilities for other sanctions.
    (b) Any licensee receiving official notice of a violation of the 
terms of the Communications Act of 1934, as amended, any legislative act 
or treaty to which the United States is a party, or the rules and 
regulations of the Commission, shall, within ten (10) days from such 
receipt or such other period as may be specified by the Commission, send 
a written answer to the office of the Commission originating the 
original notice. If an answer cannot be sent, or an acknowledgement 
made, within such period, acknowledgement 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. The reply shall set forth the steps taken to prevent a 
recurrence of improper operation.

[59 FR 59965, Nov. 21, 1994]



                     Subpart O--Transmitter Control



Sec. 90.460  Scope.

    This subpart sets forth the provisions relating to permissible 
methods of transmitter control and interconnection (see the definition 
in Sec. 90.7) of radio systems authorized under this part.

[44 FR 67124, Nov. 23, 1979, as amended at 62 FR 18934, Apr. 17, 1997]



Sec. 90.461  Direct and remote control of transmitters.

    (a) In general. Radio transmitters may be operated and controlled 
directly (as when the operating position for the transmitter and the 
transmitter being operated are at the same location), or remotely (as 
when the transmitter being operated and the position from which it is 
being operated are at different locations).
    (b) Control of transmitters at remote locations. Radio transmitters 
at remote locations may be operated and controlled through the use of 
wire line or radio links; or through dial-up circuits,

[[Page 414]]

as provided in paragraph (c) of this section. Such control links or 
circuits may be either those of the licensee or they may be provided by 
common carriers authorized by law to furnish such service.
    (c) Dial-up circuits. Dial-up circuits may be provided by wire line 
telephone companies under appropriate tariffs, and they may be used by 
licensees for purposes of transmitter control, provided:
    (1) The dial-up circuits serve only to link licensed transmitter 
control points and the transmitters being controlled.
    (2) The dial-up circuits are so designed that the transmitters being 
controlled cannot be operated from any fixed position other than the 
licensed control points for those transmitters.
    (3) Equipment used to provide the transmitter/dial-up-circuit 
interface is designed to preclude associated mobile units of the 
licensee from reaching any point(s) served by the wire line telephone 
facilities other than the control point(s) of the station(s) controlled.
    (4) Any direct electrical connection to the telephone network shall 
comply with applicable tariffs and with part 68 of the Commission's 
Rules (See Sec. 90.5(j)).
    (5) Interconnection, within the meaning of Secs. 90.7 and 90.477 
through 90.483, may not take place at a control point which connects to 
its associated transmitter(s) through dial-up circuits; nor may such 
dial-up transmitter control circuits be used in conjunction with (or 
shared by) interconnection equipment.

[43 FR 54791, Nov. 22, 1978, as amended at 44 FR 67124, Nov. 23, 1979; 
60 FR 50123, Sept. 28, 1995]



Sec. 90.463  Transmitter control points.

    (a) A control operator is required to be stationed at the operating 
position of a transmitter control point. A control operator is any 
person designated by the licensee to exercise supervision and control 
over the operation and use of the licensee's facilities. The control 
operator may be the licensee; or an employee of the licensee; or the 
agent of the licensee, appointed by the licensee to act as the control 
operator; or a third-party contractor, engaged by the licensee to serve 
as the control operator: Provided, however, In no case, through 
appointment or designation of any person to serve as control operator, 
may the licensee delegate any of the duties and responsibilities the 
licensee may have in his capacity as licensee.
    (b) Each station or licensed system of communication shall normally 
have a control point, or control points, at which the control operator 
or operators are stationed and at or from which the licensee may 
exercise supervision and control over the authorized facilities, as 
required by the provisions of Sec. 90.461. Provided, however, Control 
point requirements may vary from one system to another, depending upon 
the nature of the radio operation; the way and by whom the facilities 
are employed; and other factors, as set out in other rule sections under 
this subpart.
    (c) A transmitter control point may be located at a fixed position 
in a system of communication at or from which the control operator 
exercises supervision and control over the operation and use of the 
licensed facilities. Each fixed transmitter control point shall have 
equipment and facilities to permit the control operator:
    (1) To determine when the transmitter or transmitters controlled are 
either radiating ``RF'' energy, or when the transmitter circuits have 
been placed in a condition to produce such radiation. This may be 
accomplished either through the use of a carrier operated device which 
provides a visual indication when the transmitter(s) are radiating or a 
pilot lamp or meter which provides a visual indication when the 
transmitter circuits have been placed in a condition to produce 
radiation. Further, where a local transmitter is used to activate a 
remote transmitter or transmitters in the licensee's system of 
communication, a single pilot lamp or meter may be employed to indicate 
the activation of both the local and the remote transmitter(s).
    (2) To turn the carrier of the transmitter on and off at will, or to 
close the system down completely, when circumstances warrant such 
action.
    (d) The licensee's transmitting facilities may be operated from 
dispatch points, the fixed control point shall

[[Page 415]]

have equipment to permit the control operator to either disconnect the 
dispatch point circuits from the transmitter(s) or to render the 
transmitter(s) inoperative from any dispatch point being supervised.
    (e) Where the system is interconnected with public communication 
facilities, as provided at Secs. 90.477 through 90.483, and where those 
rules so require, the fixed control point shall be equipped to permit 
the control operator:
    (1) To monitor co-channel facilities of other licensees sharing an 
assigned channel or channels with the licensee in the licensee's area of 
operation; and,
    (2) To terminate any transmission(s) or communication(s) between 
points in the public communications system and the private 
communications system.
    (f) In urban areas, the location of fixed transmitter control points 
will be specified, ``same as transmitter,'' unless the control point is 
at a street address which is different from that of the transmitter(s) 
controlled. In rural areas, the location of fixed control points will be 
specified, ``same as transmitter,'' unless the control point is more 
than 152.5 m (500 ft) from the transmitter(s) controlled. In the latter 
case, the approximate location of the control point will be specified in 
distance and direction from the transmitter(s) controlled in terms of 
distance and geographical quadrant, respectively. It would be assumed 
that the location of a fixed control point is the same as the location 
of the transmitter(s) controlled, unless the applicant includes a 
request for a different location described in appropriate terms as 
indicated herein.
    (g) [Reserved]
    (h) Mobile transmitters shall be assumed to be under the immediate 
control of the mobile operator; provided, however, overall supervision 
and control of the operation and use of a communication system may be 
the responsibility of a fixed control point operator. In general, mobile 
transmitters shall be equipped to permit the operator to determine when 
they are radiating ``RF'' energy or when the transmitter circuits have 
been placed in a condition to produce such radiation. This may be 
accomplished either through the use of a carrier operated device or of a 
pilot lamp or meter which will provide a visual indication when the 
transmitter is radiating or has been placed in a condition to produce 
radiation provided, however, that hand-carried or pack-carried 
transmitters and transmitters installed on motorcycles need not be so 
equipped.

[43 FR 54791, Nov. 22, 1978; 44 FR 32220, June 5, 1979; 44 FR 34134, 
June 14, 1979, as amended at 44 FR 67125, Nov. 23, 1979; 48 FR 29517, 
June 27, 1983; 54 FR 39740, Sept. 28, 1989; 58 FR 44960, Aug. 25, 1993]



Sec. 90.465  Control of systems of communication.

    (a) Depending on design considerations, control of a system of 
communication may be exercised in varying ways. In single frequency 
simplex, base/mobile operations, control may be exercised by the control 
operator at the fixed control point. In mobile relay systems, where 
there is an associated control point or control station, control may be 
exercised by the operator at the control point or control station. In 
mobile-only systems, control may be exercised by the mobile operator. In 
communication systems involving multiple base stations or fixed relays 
control of the system may result from a combination of factors and 
considerations, including control by a fixed control point operator at 
some point within the system of communication or control by the mobile 
station operator of the licensee.
    (b) In internal systems, as defined at Sec. 90.7 control may be 
maintained by conforming the system to the requirements of Secs. 90.471 
through 90.475.
    (c) In interconnected systems, as defined at Sec. 90.7 control may 
be maintained by conforming operation and system design to that 
permitted at Secs. 90.477 through 90.483.

[43 FR 54791, Nov. 22, 1978, as amended at 54 FR 39740, Sept. 28, 1989]



Sec. 90.467  Dispatch points.

    Dispatch points meeting the requirements of this section need not be 
specifically authorized; provided, however, that the licensee of any 
radio station operated from a dispatch point or points shall assume full 
responsibility

[[Page 416]]

for the use and operation of the authorized facilities in compliance 
with all applicable provisions of law or rule and shall comply with the 
policy:
    (a) A dispatch point may be linked to the transmitter(s) being 
operated by private or leased wire line of fixed radio circuits, 
provided the requirements of Sec. 90.463 are met.
    (b) No telephone position in the public, switched, telephone network 
will be treated as a dispatch point within the meaning or intent of this 
section.
    (c) Operation of transmitting facilities from dispatch points is 
permitted only when the control operator at a fixed control point in the 
system is on duty and at no other time.



Sec. 90.469  Unattended operation.

    (a) Subject to the provisions of Secs. 90.243, 90.245, and 90.247, 
mobile relay, fixed relay, and mobile repeater stations are authorized 
for unattended operation; and the transmitter control point requirements 
set out at Secs. 90.463 through 90.465 shall not apply.
    (b) Self-activated transmitters may be authorized for unattended 
operation where they are activated by either electrical or mechanical 
devices, provided the licensee adopts reasonable means to guard against 
malfunctions and harmful interference to other users.

                  Internal Transmitter Control Systems



Sec. 90.471  Points of operation in internal transmitter control systems.

    The transmitting facilities of the licensee may be operated from 
fixed positions located on premises controlled by the licensee. The 
fixed position may be part of a private telephone exchange or it may be 
any position in a closed or limited access communications facility 
intended to be used by employees of the licensee for internal 
communications and transmitter control purposes. Operating positions in 
internal transmitter control systems are not synonymous with dispatch 
points (See Sec. 90.467) nor with telephone positions which are part of 
the public, switched telephone network; and the scheme of regulation is 
to be considered and treated as being different. See Secs. 90.485 
through 90.489.

[44 FR 67125, Nov. 23, 1979]



Sec. 90.473  Operation of internal transmitter control systems through licensed fixed control points.

    An internal transmitter control system may be operated under the 
control and supervision of a control operator stationed at a fixed 
control point in the system. In such a case, the control point must be 
equipped to permit the control operator to monitor all traffic to and 
from fixed positions and mobile stations or paging units of the 
licensee; and the system shall be so designed to permit the control 
operator to either disconnect any operating position in the internal 
system from the transmitter control circuit or to close the system down 
entirely at will.

[44 FR 67125, Nov. 23, 1979]



Sec. 90.475  Operation of internal transmitter control systems in specially equipped systems.

    (a) An internal transmitter control system need not be designed to 
meet the requirements of Sec. 90.473 if it meets the following 
requirements:
    (1) All operating positions must be located on premises controlled 
by the licensee.
    (2) An internal transmitter control system may be used in 
conjunction with other approved methods of transmitter control and 
interconnection so long as the internal transmitter control system, 
itself, is neither accessed from telephone positions in the public 
switched telephone network, nor used dial-up circuits in the public 
switched telephone network. Licensees with complex communications 
systems involving fixed systems whose base stations are controlled by 
such systems may automatically access these base stations through the 
microwave or operational fixed systems from positions in the PSTN, so 
long as the base stations and mobile units meet the requirements of 
Sec. 90.483 and if a separate circuit is provided for each mode of 
transmitter operation (i.e., conventional, dial-up or internal).

[[Page 417]]

    (3) The system must be designed so that upon completion of a 
transmission, the base station transmitter(s) will close down 
automatically within 3 seconds.
    (4) To guard against malfunctions, the system must also be designed 
so that the base station(s) will be deactivated by an automatic timing 
device when a modulated signal is not transmitted for a period of three 
(3) consecutive minutes.
    (5) The system must include automatic monitoring equipment, 
installed at the base station transmitter site(s), which will prevent 
the activation of the system when signals of other co-channel stations 
are present.
    (b) [Reserved]

[43 FR 54791, Nov. 22, 1978, as amended at 44 FR 67125, Nov. 23, 1979; 
47 FR 17521, Apr. 23, 1982]

                         Interconnected Systems



Sec. 90.476  Interconnection of fixed stations and certain mobile stations.

    (a) Fixed stations and mobile stations used to provide the functions 
of fixed stations pursuant to the provisions of Secs. 90.35(c)(11), 
90.35(c)(42), and 90.267 are not subject to the interconnection 
provisions of Secs. 90.477 and 90.483 and may be interconnected with the 
facilities of common carriers.
    (b) Mobile stations used to provide the functions of base and mobile 
relay stations pursuant to the provisions of Secs. 90.35(c)(11), 
90.35(c)(42), and 90.267 are not subject to the provisions of 
Sec. 90.477(d)(3) and may be interconnected with the facilities of 
common carriers subject to the provisions of Secs. 90.477(d)(1), 
90.477(d)(2), 90.477(e), and 90.483.
    (c) The provisions of this section do not apply to commercial mobile 
radio service providers, as defined in part 20 of this chapter.

[50 FR 15152, Apr. 17, 1985, as amended at 59 FR 59965, Nov. 21, 1994; 
62 FR 18934, Apr. 17, 1997]



Sec. 90.477  Interconnected systems.

    (a) Applicants for new land stations to be interconnected with the 
public switched telephone network must indicate on their applications 
(class of station code) that their stations will be interconnected. 
Licensees of land stations that are not interconnected may interconnect 
their stations with the public switched telephone network only after 
modifying their license. See Sec. 90.135. In all cases a detailed 
description of how interconnection is accomplished must be maintained by 
licensees as part of their station records. See Sec. 90.433.
    (b) In the frequency ranges 806-824 MHz, 851-869 MHz, 896-901 MHz, 
and 935-940 MHz, interconnection with the public switched telephone 
network is authorized under the following conditions:
    (1) Interconnected operation is on a secondary basis to dispatch 
operation. This restriction will not apply to trunked systems or on any 
channel assigned exclusively to one licensee.
    (2) Interconnection may be accomplished at any location through a 
separate or shared interconnection device. When land stations subject to 
this part are multiple licensed or shared by authorized users, 
arrangements for telephone service must be made with a duly authorized 
carrier by users, licensees, or their authorized agents on a non-profit 
cost sharing basis. When telephone service costs are shared, at least 
one licensee participating in the cost sharing arrangement must maintain 
cost sharing records and the costs must be distributed at least once a 
year. Licensees, users, or their authorized agents may also make joint 
use arrangements with a duly authorized carrier and arrange that each 
licensee or user pay the carrier directly for the licensee's or user's 
share of the joint use of the shared telephone service. A report of the 
cost distribution must be placed in the licensee's station records and 
made available to participants in the sharing and the Commission upon 
request. In all cases, arrangements with the duly authorized carrier 
must disclose the number of licensees and users and the nature of the 
use.
    (c) Interconnection of facilities in the Radiolocation Service 
(subpart F) will not be permitted.
    (d) In the frequency ranges below 800 MHz, interconnection with the 
public switched telephone network is authorized under the following 
conditions:

[[Page 418]]

    (1) Interconnected operation is on a secondary basis to dispatch 
operation. This restriction will not apply to trunked systems or on any 
channel assigned exclusively to one licensee.
    (2) Interconnection may be accomplished at any location through a 
separate or shared interconnection device. When land stations subject to 
this part are multiple licensed or shared by authorized users, 
arrangements for telephone service must be made with a duly authorized 
carrier by users, licensees, or their authorized agents on a non-profit 
cost sharing basis. When telephone service costs are shared, at least 
one licensee participating in the cost sharing arrangement must maintain 
cost sharing records and the costs must be distributed at least once a 
year. Licensees, users, or their authorized agents may also make joint 
use arrangements with a duly authorized carrier and arrange that each 
licensee or user pay the carrier directly for the licensee's or user's 
share of the joint use of the shared telephone service. A report of the 
cost distribution must be placed in the licensee's station records and 
made available to participants in the sharing and the Commission upon 
request. In all cases, arrangements with the duly authorized carrier 
must disclose the number of licensees and users and the nature of the 
use.
    (3) For licensees in the Industrial/Business Pool and those 
licensees who establish eligibility pursuant to Sec. 90.20(a)(2), except 
for Secs. 90.20(a)(2)(i) and 90.20(a)(2)(ii) and medical emergency 
systems in the 450-470 MHz band, interconnection will be permitted only 
where the base station site or sites proposed stations are located 120 
km (75 mi.) or more from the designated centers of the urbanized areas 
listed below. If these licensees seek to connect within 120 km (75 mi.) 
of the 25 cities, they must obtain the consent of all co-channel 
licensees located both within 120 km (75 mi.) of the center of the city; 
and within 120 km (75 mi.) of the interconnected base station 
transmitter. The consensual agreements among the co-channel licensees 
must specifically state the terms agreed upon and a statement must be 
submitted to the Commission indicating that all co-channel licensees 
have consented to the use of interconnection. If a licensee has agreed 
to the use of interconnection on the channel, but later decides against 
the use of interconnection, the licensee may request that the co-channel 
licensees reconsider the use of interconnection. If the licensee is 
unable to reach an agreement with co-channel licensees, the licensee may 
request that the Commission consider the matter and assign it to another 
channel. If a new licensee is assigned to a frequency where all the co-
channel licensees have agreed to the use of interconnection and the new 
licensee does not agree, the new licensee may request that the co-
channel licensees reconsider the use of interconnection. If the new 
licensee can not reach an agreement with co-channel licensees it may 
request that the Commission reassign it to another channel.

------------------------------------------------------------------------
                                                   North         West
                Urbanized area                   lattitude    longitude
------------------------------------------------------------------------
New York, NY-northeastern NJ..................  40 deg.45'0
                                                        6''  73 deg.59'3
                                                                     9''
Los Angeles-Long Beach, CA....................  34 deg.03'1
                                                        5''  118 deg.14'
                                                                    28''
Chicago, IL...................................  41 deg.52'2
                                                        8''  87 deg.38'2
                                                                     2''
Philadelphia, PA-New Jersey...................  39 deg.56'5
                                                        8''  75 deg.09'2
                                                                     1''
Detroit, MI...................................  42 deg.19'4
                                                        8''  83 deg.02'5
                                                                     7''
San Francisco-Oakland, CA.....................  37 deg.46'3
                                                        9''  122 deg.24'
                                                                    40''
Boston, MA....................................  42 deg.21'2
                                                        4''  71 deg.03'2
                                                                     5''
Washington, DC-Maryland-Virginia..............  38 deg.53'5
                                                        1''  77 deg.00'3
                                                                     3''
Cleveland, OH.................................  41 deg.29'5
                                                        1''  81 deg.41'5
                                                                     0''
St. Louis, MO-Illinois........................  38 deg.37'4
                                                        5''  90 deg.12'2
                                                                     2''
Pittsburgh, PA................................  40 deg.26'1
                                                        9''  80 deg.00'0
                                                                     0''
Minneapolis-St. Paul, MN......................  44 deg.58'5
                                                        7''  93 deg.15'4
                                                                     3''
Houston, TX...................................  29 deg.45'2
                                                        6''  95 deg.21'3
                                                                     7''
Baltimore, MD.................................  39 deg.17'2
                                                        6''  76 deg.36'4
                                                                     5''
Dallas, TX....................................  32 deg.47'0
                                                        9''  96 deg.47'3
                                                                     7''
Milwaukee, WI.................................  43 deg.02'1
                                                        9''  87 deg.54'1
                                                                     5''
Seattle-Everett, WA...........................  47 deg.36'3
                                                        2''  122 deg.20'
                                                                    12''
Miami, FL.....................................  25 deg.46'3
                                                        7''  80 deg.11'3
                                                                     2''
San Diego, CA.................................  32 deg.42'5
                                                        3''  117 deg.09'
                                                                    21''
Atlanta, GA...................................  33 deg.45'1
                                                        0''  84 deg.23'3
                                                                     7''
Cincinnati, OH-Kentucky.......................  39 deg.06'0
                                                        7''  84 deg.30'3
                                                                     5''
Kansas City, MO-Kansas........................  39 deg.04'5
                                                        6''  94 deg.35'2
                                                                     0''
Buffalo, NY...................................  42 deg.52'5
                                                        2''  78 deg.52'2
                                                                     1''
Denver, CO....................................  39 deg.44'5
                                                        8''  104 deg.59'
                                                                    22''
San Jose, CA..................................  37 deg.20'1
                                                        6''  121 deg.53'
                                                                    24''
------------------------------------------------------------------------

    (e) Additional frequencies shall not be assigned to enable any 
licensee to employ a preferred interconnection capability.
    (f) Paging systems operating on frequencies in the bands below 800 
MHz

[[Page 419]]

are not subject to the interconnection provisions of Sec. 90.477(d)(3).

[47 FR 17520, Apr. 23, 1982, as amended at 48 FR 29518, June 27, 1983; 
50 FR 15152, Apr. 17, 1985; 51 FR 14998, Apr. 22, 1986; 51 FR 37401, 
Oct. 22, 1986; 52 FR 15501, Apr. 29, 1987; 52 FR 29856, Aug. 12, 1987; 
53 FR 1025, Jan. 15, 1988; 58 FR 44961, Aug. 25, 1993; 61 FR 6576, Feb. 
21, 1996; 62 FR 18934, Apr. 17, 1997]



Sec. 90.483  Permissible methods and requirements of interconnecting private and public systems of communications.

    Interconnection may be accomplished by commercial mobile service 
providers licensed under this part by any technically feasible means. 
Interconnection may be accomplished by private mobile service providers 
either manually or automatically under the supervision and control of a 
transmitter control operator at a fixed position in the authorized 
system of communications or it may be accomplished under the supervision 
and control of mobile operators, and is subject to the following 
provisions:
    (a) Where a system is interconnected manually at a fixed control 
point, the control point operator must maintain the capability to turn 
the carrier of the transmitter off or to de-activate the system 
completely when circumstances warrant such action.
    (b) When the system is interconnected automatically it may be 
supervised at the control point or in mobile units.
    (1) For control point supervision, the following is required:
    (i) The control point operator must maintain the capability to turn 
the carrier of the transmitter off or to de-activate the system 
completely when circumstances warrant such action.
    (ii) When a frequency is shared by more than one system, automatic 
monitoring equipment must be installed at the base station to prevent 
activation of the transmitter when signals of co-channel stations are 
present and activation would interfere with communications in progress. 
Licensees may operate without the monitoring equipment if they have 
obtained the consent of all co-channel licensees located within a 120 km 
(75 mile) radius of the interconnected base station transmitter. A 
statement must be submitted to the Commission indicating that all co-
channel licensees have consented to operate without the monitoring 
equipment. If a licensee has agreed that the use of monitoring equipment 
is not necessary, but later decides that the monitoring equipment is 
necessary, the licensee may request that the co-channel licensees 
reconsider the use of monitoring equipment. If the licensee cannot reach 
an agreement with co-channel licensees, the licensee may request that 
the Commission consider the matter and assign it to another channel. If 
a new licensee is assigned to a frequency where all the co-channel 
licensees have agreed that the use of monitoring equipment is not 
necessary, and the new licensee does not agree, the new licensee may 
request the co-channel licensees to reconsider the use of monitoring 
equipment. If the new licensee cannot reach an agreement with co-channel 
licensees, it should request a new channel from the Commission. Systems 
on frequencies above 800 MHz are exempt from this requirement.
    (2) For mobile unit supervision, the following is required:
    (i) When a frequency is shared by more than one system, automatic 
monitoring equipment must be installed at each base station to prevent 
its activation when signals of other co-channel stations are present and 
activation would interfere with communications in progress. Licensees 
may operate without this equipment if they have obtained the consent of 
all co-channel licensees located within a 120 km (75 mile) radius of the 
interconnected base station transmitter. A statement must be submitted 
to the Commission indicating that all co-channel licensees have 
consented to operate without the monitoring equipment. If a licensee has 
agreed that the use of monitoring equipment is not necessary, but later 
decides that the monitoring equipment is necessary, the licensee may 
request that the co-channel licensees reconsider the use of monitoring 
equipment. If the licensee cannot reach an agreement with co-channel 
licensees, the licensee may request that the Commission consider the 
matter and assign it to another channel. If a new licensee is assigned 
to a frequency where all the co-channel licensees have agreed that

[[Page 420]]

the use of monitoring equipment is not necessary, and the new licensee 
does not agree, the new licensee may request the co-channel licensees to 
reconsider the use of monitoring equipment. If the new licensee cannot 
reach an agreement with co-channel licensees, it should request a new 
channel from the Commission. Systems above 800 MHz are exempt from this 
requirement.
    (ii) Initial access from points within the public switched telephone 
network must be limited to transmission of a 3-second tone, after which 
time the transmitter shall close down. No additional signals may be 
transmitted until acknowledgement from a mobile station of the licensee 
is received. Licensees are exempt from this requirement if they have 
obtained the consent of all co-channel licensees located within a 120 km 
(75 mile) radius of the interconnected base station transmitter. 
However, licensees may choose to set their own time limitations. A 
statement must be submitted to the Commission indicating that all co-
channel licensees have consented to operate without the monitoring 
equipment. If a licensee has agreed that the use of monitoring equipment 
is not necessary, but later decides that the monitoring equipment is 
necessary, the licensee may request that the co-channel licensees 
reconsider the use of monitoring equipment. If the licensee cannot reach 
an agreement with co-channel licensees, the licensee may request that 
the Commission consider the matter and assign it to another channel. If 
a new licensee is assigned to a frequency where all the co-channel 
licensees have agreed that the use of monitoring equipment is not 
necessary, and the new licensee does not agree, the new licensee may 
request the co-channel licensees to reconsider the use of monitoring 
equipment. If the new licensee cannot reach an agreement with co-channel 
licensees, it should request a new channel from the Commission. Systems 
above 800 MHz are exempt from this requirement.
    (c) In single frequency systems, equipment must be installed at the 
base station which will limit any single transmission from within the 
public switched telephone network to 30 seconds duration and which in 
turn will activate the base station receiver to monitor the frequency 
for a period of not less than three (3) seconds. The mobile station must 
be capable of terminating the communications during the three (3) 
seconds. Licensees are exempt from this requirement if they have 
obtained the consent of all co-channel licensees located within a 120 km 
(75 mile) radius of the interconnected base station transmitter. 
However, licensees may choose to set their own time limitations. A 
statement must be submitted to the Commission indicating that all co-
channel licensees have consented to operate without the monitoring 
equipment. If a licensee has agreed that the use of monitoring equipment 
is not necessary, but later decides that the monitoring equipment is 
necessary, the licensee may request that the co-channel licensees 
reconsider the use of monitoring equipment. If the licensee cannot reach 
an agreement with co-channel licensees, the licensee may request that 
the Commission consider the matter and assign it another channel. If a 
new licensee is assigned to a frequency where all the co-channel 
licensees have agreed that the use of monitoring equipment. If the new 
licensee cannot reach an agreement with co-channel licensees, it should 
request a new channel from the Commission.
    (d) A timer must be installed at the base station transmitter which 
limits communications to three (3) minutes. After three (3) minutes, the 
system must close down, with all circuits between the base station and 
the public switch telephone network disconnected. This provision does 
not apply to systems which establish eligibility pursuant to 
Secs. 90.20(a)(1)(i), 90.20(a)(1)(ii), and 90.20(a)(2), except 
Secs. 90.20(a)(2)(i) and 90.20(a)(2)(ii), or who are Power, Petroleum, 
or Railroad licensees (as defined in Sec. 90.7), or to systems above 800 
MHz. All systems must be equipped with a timer that closes down the 
transmitter within three minutes of the last transmission. Licensees may 
operate without these requirements if they have obtained the consent of 
all co-channel licensees located within a 120 km (75 mile) radius of the 
interconnected base station transmitter. However, licensees may

[[Page 421]]

choose to set their own time limitations. A statement must be submitted 
to the Commission indicating that all co-channel licensees have 
consented to operate without the monitoring equipment. If a licensee has 
agreed that the use of monitoring equipment is not necessary, but later 
decides that the monitoring equipment is necessary, the licensee may 
request that the co-channel licensees reconsider the use of monitoring 
equipment. If the licensee cannot reach an agreement with co-channel 
licensees, the licensee may request that the Commission consider the 
matter and assign it to another channel. If a new licensee is assigned 
to a frequency where all the co-channel licensees have agreed that the 
use of monitoring equipment is not necessary, and the new licensee does 
not agree, the new licensee may request the co-channel licensees to 
reconsider the use of monitoring equipment. If the new licensee cannot 
reach an agreement with co-channel licensees, it should request a new 
channel from the Commission.

[47 FR 17520, Apr. 23, 1982, as amended at 48 FR 29518, June 27, 1983; 
50 FR 15153, Apr. 17, 1985; 58 FR 44961, Aug. 25, 1993; 59 FR 59966, 
Nov. 21, 1994; 61 FR 6576, Feb. 21, 1996; 62 FR 18934, Apr. 17, 1997]



                      Subpart P--Paging Operations



Sec. 90.490  One-way paging operations in the private services.

    (a) Subject to specific prohibition or restriction by rule 
provisions governing the radio service in which a licensee's radio 
system is authorized, paging operations are permitted:
    (1) Where the signals and messages are transmitted by a control 
operator of the licensee stationed at a licensed control point in the 
licensee's system of communication.
    (2) Where the signals and messages are transmitted from an operating 
position within an internal system of communication which meets the 
tests of Secs. 90.471 through 90.475.
    (3) Where the signals and messages are transmitted from a dispatch 
point within the licensee's system of communication, as defined as 
Sec. 90.7.
    (b) Systems employing dial-up circuits (Sec. 90.461(c)) may be used 
in one-way paging operations, but only where the paging signals are 
transmitted as provided at paragraph (a)(1) of this section.
    (c) Paging may be initiated directly from telephone positions in the 
public switched telephone network. When land stations are multiple 
licensed or otherwise shared by authorized users, arrangements for the 
telephone service must be made with a duly authorized carrier by users, 
licensees, or their authorized agents on a non-profit, cost-shared 
basis. When telephone service costs are shared, at least one licensee 
participating in the cost sharing arrangements must maintain cost 
sharing records and the costs must be distributed at least once a year. 
Licensees, users, or their authorized agents may also make joint use 
arrangements with a duly authorized carrier and arrange that each 
licensee or user pay the carrier directly for the licensee's or user's 
share of the joint use of the shared telephone service. A report of the 
cost distribution must be placed in the licensee's station records and 
made available to participants in the sharing arrangement and the 
Commission upon request. In all cases, arrangements with the duly 
authorized carrier must disclose the number of licensees and users and 
the nature of the use.

[47 FR 39509, Sept. 8, 1982, as amended at 48 FR 56231, Dec. 20, 1983; 
52 FR 15501, Apr. 29, 1987]



Sec. 90.492  One way paging operations in the 806-824/851-869 MHz and 896-901/935-940 MHz bands.

    Paging operations are permitted in these bands only in accordance 
with Secs. 90.645(e) and (f).

[54 FR 4030, Jan. 27, 1989]



Sec. 90.493  Paging operations on exclusive channels in the 929-930 MHz band.

    Paging operations on the exclusive channels in the 929-930 MHz band 
are subject to the rules set forth in this section.
    (a) Exclusive channels. The center frequencies of the channels in 
the 929-930 MHz band that may be assigned on an exclusive basis are as 
follows: 929.0125, 929.1125, 929.1375, 929.1875, 929.2125, 929.2375, 
929.2875, 929.3125, 929.3375, 929.3625, 929.3875, 929.4125, 929.4375,

[[Page 422]]

929.4625, 929.4875, 929.5125, 929.5375, 929.5625, 929.5875, 929.6125, 
929.6375, 929.6625, 929.6875, 929.7125, 929.7375, 929.7625, 929.7875, 
929.8125, 929.8375, 929.8625, 929.8875, 929.9125, 929.9375, 929.9625, 
and 929.9875 MHz.
    (b) Part 22 licensing, construction and operation rules apply. 
Licensing, construction and operation of paging stations on the 
exclusive channels in the 929-930 MHz band are subject to the 
application filing, licensing procedure, auction procedure, 
construction, operation and notification rules and requirements that are 
set forth in part 22 of this chapter for paging stations operating in 
the 931-932 MHz band, instead of procedures elsewhere in this part.
    (c) Part 22 power limits apply; type acceptance required. Paging 
operations on the exclusive channels in the 929-930 MHz band are subject 
to the transmitting power limits set forth in part 22 of this chapter 
for paging stations operating in the 931-932 MHz band, instead of power 
limits elsewhere in this part. Transmitters used on the exclusive 
channels in the 929-930 MHz band must be of a type accepted under either 
part 22 of this chapter or this part (or both).

[62 FR 11636, Mar. 12, 1997]



Sec. 90.494  Paging operations on shared channels in the 929-930 MHz band.

    (a) This section applies to licensing of paging stations on the 
shared (non-exclusive) channels in the 929-930 MHz band. The center 
frequencies of these channels are listed in paragraph (b) of this 
section.
    (b) The following frequencies are available to all eligible part 90 
users for one-way paging systems on a shared basis only and will not be 
assigned for the exclusive use of any licensee.

929.0375
929.0625
929.0875
929.1625
929.2625

    (c) All frequencies listed in this section may be used to provide 
one-way paging communications to persons eligible for licensing under 
subpart B or C of this part, representatives of Federal Government 
agencies, individuals, and foreign governments and their 
representatives. The provisions of Sec. 90.173(b) apply to all 
frequencies listed in this section.
    (d) Licensees on these frequencies may utilize any type of paging 
operation desired (tone only, tone-voice, digital, tactile, optical 
readout, etc.).
    (e) There shall be no minimum or maximum loading standards for these 
frequencies.
    (f) The effective radiated power for base stations providing paging 
service on the shared channels must not exceed 3500 watts.
    (g) Licenses may be granted on these shared paging channels only for 
expansion (addition of new sites or relocation of existing sites) or 
other modification, assignment or transfer of control of existing, 
licensed private or commercial paging systems, and for new private, 
internal-use paging systems. Any application for authority to operate a 
new commercial paging system on any of these shared channels is 
unacceptable for filing.

[58 FR 62291, Nov. 26, 1993, as amended at 59 FR 59966, Nov. 21, 1994; 
61 FR 8483, Mar. 5, 1996; 62 FR 11637, Mar. 12, 1997; 62 FR 18934, Apr. 
17, 1997]



                   Subpart Q--Developmental Operation



Sec. 90.501  Scope.

    This subpart contains the procedures and requirements for the filing 
of applications for developmental licenses. It includes special 
requirements related to developmental operation, restrictions on 
operations, and special reports required when the development operation 
is to seek operational data or techniques directed toward the extension 
of that service.



Sec. 90.503  Eligibility.

    Those persons who are eligible to operate stations in services under 
this part on a regular basis are also eligible to obtain an 
authorization for developmental operation in those particular radio 
services.



Sec. 90.505  Showing required.

    (a) Except as provided in paragraph (b) of this section, each 
application for developmental operation shall be accompanied by a 
showing that:

[[Page 423]]

    (1) The applicant has an organized plan of development leading to a 
specific objective;
    (2) The actual transmission by radio is essential to proceed beyond 
the present stage of the program;
    (3) The program has reasonable promise of substantial contribution 
to the expansion or extension of the radio art, or is investigating new 
unexplored concepts in radio transmission and communications;
    (4) The program will be conducted by qualified personnel;
    (5) The applicant is legally and financially qualified, and 
possesses adequate technical facilities to conduct the proposed program; 
and
    (6) The public interest, convenience, and necessity will be served 
by the proposed operation.
    (b) The provisions of paragraph (a) of this section do not apply 
when an application is made for developmental operation solely for the 
reason that the frequency requested is restricted to such developmental 
use.



Sec. 90.507  Limitations on use.

    Stations used for developmental operation shall conform to all 
technical and operating requirements of subparts I and N of this part, 
unless specifically exempted in the instrument of authorization.



Sec. 90.509  Frequencies available for assignment.

    Stations engaged in developmental operation may be authorized to use 
a frequency or frequencies available in the service in which they 
propose to operate. The number of channels assigned will depend upon the 
specific requirements of the developmental program and the number of 
frequencies available in the particular geographical area where the 
station is to operate.



Sec. 90.511  Interference.

    The operation of any station engaged in developmental work shall not 
cause harmful interference to the operation of stations regularly 
licensed under any part of the Commission's rules.



Sec. 90.513  Special provisions.

    (a) The developmental program as described by the application for 
authorization shall be followed unless the Commission shall otherwise 
direct.
    (b) Where some phases of the developmental program are not covered 
by the general rules in this chapter and the rules in this part, the 
Commission may specify additional requirements or conditions as deemed 
necessary in the public interest, convenience, or necessity.
    (c) The Commission may, from time to time, require a station engaged 
in developmental work to conduct special tests which are reasonable and 
desirable to the authorized developmental program.



Sec. 90.515  Change or cancellation of authorization without hearing.

    Every application for authority to engage in developmental operation 
shall be accompanied by a statement signed by the applicant in which it 
is agreed that any authorization issued pursuant thereto will be 
accepted with the express understanding of the applicant that it is 
subject to change in any of its terms or to cancellation in its entirety 
at any time, upon reasonable notice but without a hearing, if, in the 
opinion of the Commission, circumstances should so require.



Sec. 90.517  Report of operation.

    A report on the results of a developmental program shall be filed 
with and made a part of each application for renewal of authorization. 
In cases where no renewal is requested, such report shall be filed 
within 60 days of the expiration of such authorization. Matters which 
the applicant does not wish to disclose publicly may be so labeled; they 
will be used solely for the Commission's information, and will not be 
publicly disclosed without permission of the applicant. The report shall 
include comprehensive and detailed information on:
    (a) The final objective.
    (b) Results of operation to date.
    (c) Analysis of the results obtained.
    (d) Copies of any published reports.
    (e) Need for continuation of the program.
    (f) Number of hours of operation on each frequency.

[[Page 424]]


This report is not required if the sole reason for the developmental 
authorization is that the frequency of operation is restricted to 
developmental use only.



                  Subpart R--Frequency List  [Reserved]



Subpart S--Regulations Governing Licensing and Use of Frequencies in the 
            806-824, 851-869, 896-901, and 935-940 MHz Bands



Sec. 90.601  Scope.

    This subpart sets out the regulations governing the licensing and 
operations of all systems operating in the 806-824/851-869 MHz and 896-
901/935-940 MHz bands. It includes eligibility requirements, application 
procedures, operational, and technical standards for stations licensing 
in these bands. The rules in this subpart are to be read in conjunction 
with the applicable requirements contained elsewhere in this part; 
however, in case of conflict, the provisions of this subpart shall 
govern with respect to licensing and operation in these frequency bands.

[56 FR 41469, Aug. 21, 1991]

                     Application for Authorizations



Sec. 90.603  Eligibility.

    The following persons are eligible for licensing in the 806-824 MHz, 
851-869 MHz, 896-901 MHz, and 935-940 MHz Bands.
    (a) Any person eligible for licensing under subparts B, C, D, or E 
of this part.
    (b) Any person proposing to provide communications service to any 
person eligible for licensing under subparts B or C of this part on a 
not-for-profit, cost-shared basis.
    (c) Any person eligible under this part and proposing to provide on 
a commercial basis base station an ancillary facilities as a Specialized 
Mobile Radio Service System operator, for the use of individuals, 
federal government agencies and persons eligible for licensing under 
subparts B or C of this part.

[47 FR 41032, Sept. 16, 1982, as amended at 53 FR 1025, Jan. 15, 1988; 
60 FR 15495, Mar. 24, 1995; 62 FR 18934, Apr. 17, 1997]



Sec. 90.605  Forms to be used.

    Applications for conventional and trunked radio facilities must be 
prepared on FCC Forms 574 and 574A and must be submitted or filed in 
accordance with Sec. 90.127.

[51 FR 14999, Apr. 22, 1986]



Sec. 90.607  Supplemental information to be furnished by applicants for facilities under this subpart.

    (a) Where the applicant is a person proposing to provide service to 
eligibles under this part on a commercial basis, the applicant must 
supply:
    (1) A statement of the planned mode of operation.
    (2) A statement certifying that no person not eligible to use the 
proposed facility for the purposes for which it is to be authorized will 
be offered or provided service through the licensee's base station 
facility.
    (b) Except for applicants for SMR licenses, all applicants for 
conventional radio systems must:
    (1) Furnish a list of all radio systems licensed to them or proposed 
by them within 64 km. (40 mi.) from the location of the base station 
transmitter site of the facility for which they have applied.
    (2) Specify the number of mobile units to be placed in operation 
upon grant of the authorization and the number of such units that will 
be placed in operation within 8 months of the date of grant.
    (c) Except for applicants for SMR licenses, all applicants for 
trunked systems must:
    (1) Furnish a list of all radio systems licensed to them within 64 
km (40 mi.) from the location of the base station transmitter site of 
the facility for which they have applied;
    (2) Specify the number of vehicular and portable mobile units and 
control stations to be placed in operation within the term of the 
license.
    (d) Each applicant shall furnish a functional system diagram 
illustrating the inter-relationship of all stations

[[Page 425]]

being applied for, together with technical details including antenna 
height (AAT), effective radiated power (ERP), the proposed area of 
coverage, and the signalling methods to be employed.
    (e) Except for applicants requesting frequencies in the SMRS 
category listed in Secs. 90.617(d) and 90.619, all applicants for 
frequencies governed by this subpart must comply with the frequency 
coordination requirements of Sec. 90.175(b).

[47 FR 41032, Sept. 16, 1982, as amended at 49 FR 36377, Sept. 17, 1984; 
51 FR 14999, Apr. 22, 1986; 59 FR 59966, Nov. 21, 1994]



Sec. 90.609  Special limitations on amendment of applications for assignment or transfer of authorizations for radio systems above 800 MHz.

    (a) No application for a conventional or trunked radio system may be 
amended so as to substitute a new entity except in the following 
circumstances:
    (1) The amendment does not involve a substantial change in the 
ownership or control of the applicant; or
    (2) The changes in the ownership or control of the applicant are 
involuntary due to the original applicant's insolvency, bankruptcy, 
incapacity, or death.
    (b) A license to operate a conventional or trunked radio system may 
not be assigned or transferred prior to the completion of construction 
of the facility. However, the Commission may give its consent to the 
assignment or transfer of control of such a license prior to the 
completion of construction where:
    (1) The assignment or transfer does not involve a substantial change 
in ownership or control of the authorized radio facilities; or,
    (2) The assignment or transfer is involuntary due to the licensee's 
insolvency, bankruptcy, incapacity, or death.
    (c) Licensees of constructed systems in any category other than 
Spectrum Block D frequencies in the 800 MHz SMR service (formerly 
General Category) are permitted to make partial assignments of an 
authorized grant to an applicant proposing to create a new system or to 
an existing licensee that has loaded its system to 70 mobiles per 
channel and is expanding that system. An applicant authorized to expand 
an existing system or to create a new system with frequencies from any 
category other than Spectrum Block D frequencies in the 800 MHz SMR 
service obtained through partial assignment will receive the assignor's 
existing license expiration date and loading deadline for the 
frequencies that are assigned. A licensee that makes a partial 
assignment of a station's frequencies will not be authorized to obtain 
additional frequencies for that station for a period of one year from 
the date of the partial assignment.
    (d) A constructed system originally licensed in the General Category 
that is authorized to operate in the conventional mode may be combined 
with an existing SMR system above 800 MHz authorized to operate in the 
trunked mode by assignment of an authorized grant of the General 
Category station to the SMR station.

[47 FR 41032, Sep. 16, 1982, as amended at 55 FR 28029, July 9, 1990; 58 
FR 44962, Aug. 25, 1993; 61 FR 6155, Feb. 16, 1996]

Policies Governing the Processing of Applications and the Selection and 
 Assignment of Frequencies for Use in the 806-824 MHz, 851-869 MHz, 896-
                     901 MHz, and 935-940 MHz Bands



Sec. 90.611  Processing of applications.

    Applications for facilities to operate on the frequencies governed 
by this subpart will be processed as follows:
    (a) All applications will first be considered to determine whether 
they are substantially complete and acceptable for filing. If so, except 
as otherwise specifically provided for in this subpart, they will be 
assigned a file number and put in pending status. If not, they will be 
returned to the applicant.
    (b) All applications in pending status will be processed in the 
order in which they are received, determined by the date on which the 
application was received by the Commission in its Gettysburg, PA office, 
or the address set forth at Sec. 0.401(b) for applications requiring the 
fees established in part 1, subpart G of this chapter.

[[Page 426]]

    (c) Each application will be reviewed to determine whether it can be 
granted. Applicants must specify the intended frequency (or frequencies) 
of operation.
    (d) [Reserved]
    (e) An application which is dismissed will lose its place in the 
processing line.
    (f) If an application is returned for correction and resubmitted and 
received by the Commission within 30 days from the date on which it was 
returned to the applicant, it will retain its place in the processing 
line. If it is not received within 30 days it will lose its place in the 
processing line.

[47 FR 41032, Sept. 16, 1982, as amended at 49 FR 36377, Sept. 17, 1984; 
53 FR 12156, Apr. 13, 1988; 54 FR 4030, Jan. 27, 1989; 55 FR 28030, July 
9, 1990; 56 FR 65859, Dec. 19, 1991; 61 FR 6155, Feb. 16, 1996]



Sec. 90.613  Frequencies available.

    The following table indicates the channel designations of 
frequencies available for assignment to eligible applicants under this 
subpart. Frequencies shall be assigned in pairs, with mobile and control 
station transmitting frequencies taken from the 806-824 MHz band with 
corresponding base station frequencies being 45 MHz higher and taken 
from the 851-869 MHz band, or with mobile and control station 
frequencies taken from the 896-901 MHz band with corresponding base 
station frequencies being 39 MHz higher and taken from the 935-940 MHz 
band. Only the base station transmitting frequency of each pair is 
listed in the table.

            Table of 806-821/851-866 MHz Channel Designations
------------------------------------------------------------------------
                                                                  Base
                         Channel No.                           frequency
                                                                 (MHz)
------------------------------------------------------------------------
1............................................................   851.0125
2............................................................      .0375
3............................................................      .0625
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636..........................................................      .4625
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740..........................................................      .8375
741..........................................................      .8500
742..........................................................      .8625
743..........................................................      .8750
744..........................................................      .8875
745..........................................................      .9000
746..........................................................      .9125
747..........................................................      .9250
748..........................................................      .9375
749..........................................................      .9500
750..........................................................      .9625
751..........................................................      .9750
752..........................................................      .9875
753..........................................................   868.0125
754..........................................................      .0375
755..........................................................      .0500
756..........................................................      .0625
757..........................................................      .0750
758..........................................................      .0875
759..........................................................      .1000
760..........................................................      .1125
761..........................................................      .1250
762..........................................................      .1375
763..........................................................      .1500
764..........................................................      .1625
765..........................................................      .1750
766..........................................................      .1875
767..........................................................      .2000
768..........................................................      .2125
769..........................................................      .2250
770..........................................................      .2375
771..........................................................      .2500
772..........................................................      .2625
773..........................................................      .2750

[[Page 432]]

 
774..........................................................      .2875
775..........................................................      .3000
776..........................................................      .3125
777..........................................................      .3250
778..........................................................      .3375
779..........................................................      .3500
780..........................................................      .3625
781..........................................................      .3750
782..........................................................      .3875
783..........................................................      .4000
784..........................................................      .4125
785..........................................................      .4250
786..........................................................      .4375
787..........................................................      .4500
788..........................................................      .4625
789..........................................................      .4750
790..........................................................      .4875
791..........................................................      .5000
792..........................................................      .5125
793..........................................................      .5250
794..........................................................      .5375
795..........................................................      .5500
796..........................................................      .5625
797..........................................................      .5750
798..........................................................      .5875
799..........................................................      .6000
800..........................................................      .6125
801..........................................................      .6250
802..........................................................      .6375
803..........................................................      .6500
804..........................................................      .6625
805..........................................................      .6750
806..........................................................      .6875
807..........................................................      .7000
808..........................................................      .7125
809..........................................................      .7250
810..........................................................      .7375
811..........................................................      .7500
812..........................................................      .7625
813..........................................................      .7750
814..........................................................      .7875
815..........................................................      .8000
816..........................................................      .8125
817..........................................................      .8250
818..........................................................      .8375
819..........................................................      .8500
820..........................................................      .8625
821..........................................................      .8750
822..........................................................      .8875
823..........................................................      .9000
824..........................................................      .9125
825..........................................................      .9250
826..........................................................      .9375
827..........................................................      .9500
828..........................................................      .9625
829..........................................................      .9750
830..........................................................      .9875
------------------------------------------------------------------------


            Table of 896-901/935-940 MHz Channel Designations
------------------------------------------------------------------------
                                                                  Base
                         Channel No.                           frequency
                                                                 (MHz)
------------------------------------------------------------------------
1............................................................   935.0125
2............................................................      .0250
3............................................................      .0375
4............................................................      .0500
5............................................................      .0625
6............................................................      .0750
7............................................................      .0875
8............................................................      .1000
9............................................................      .1125
10...........................................................      .1250
11...........................................................      .1375
12...........................................................      .1500
13...........................................................      .1625
14...........................................................      .1750
15...........................................................      .1875
16...........................................................      .2000
17...........................................................      .2125
18...........................................................      .2250
19...........................................................      .2375
20...........................................................      .2500
21...........................................................      .2625
22...........................................................      .2750
23...........................................................      .2875
24...........................................................      .3000
25...........................................................      .3125
26...........................................................      .3250
27...........................................................      .3375
28...........................................................      .3500
29...........................................................      .3625
30...........................................................      .3750
31...........................................................      .3875
32...........................................................      .4000
33...........................................................      .4125
34...........................................................      .4250
35...........................................................      .4375
36...........................................................      .4500
37...........................................................      .4625
38...........................................................      .4750
39...........................................................      .4875
40...........................................................      .5000
41...........................................................      .5125
42...........................................................      .5250
43...........................................................      .5375
44...........................................................      .5500
45...........................................................      .5625
46...........................................................      .5750
47...........................................................      .5875
48...........................................................      .6000
49...........................................................      .6125
50...........................................................      .6250
51...........................................................      .6375
52...........................................................      .6500
53...........................................................      .6625
54...........................................................      .6750
55...........................................................      .6875
56...........................................................      .7000
57...........................................................      .7125
58...........................................................      .7250
59...........................................................      .7375
60...........................................................      .7500
61...........................................................      .7625
62...........................................................      .7750
63...........................................................      .7875
64...........................................................      .8000
65...........................................................      .8125
66...........................................................      .8250
67...........................................................      .8375
68...........................................................      .8500
69...........................................................      .8625
70...........................................................      .8750
71...........................................................      .8875
72...........................................................      .9000

[[Page 433]]

 
73...........................................................      .9125
74...........................................................      .9250
75...........................................................      .9375
76...........................................................      .9500
77...........................................................      .9625
78...........................................................      .9750
79...........................................................      .9875
80...........................................................   936.0000
81...........................................................      .0125
82...........................................................      .0250
83...........................................................      .0375
84...........................................................      .0500
85...........................................................      .0625
86...........................................................      .0750
87...........................................................      .0875
88...........................................................      .1000
89...........................................................      .1125
90...........................................................      .1250
91...........................................................      .1375
92...........................................................      .1500
93...........................................................      .1625
94...........................................................      .1750
95...........................................................      .1875
96...........................................................      .2000
97...........................................................      .2125
98...........................................................      .2250
99...........................................................      .2375
100..........................................................      .2500
101..........................................................      .2625
102..........................................................      .2750
103..........................................................      .2875
104..........................................................      .3000
105..........................................................      .3125
106..........................................................      .3250
107..........................................................      .3375
108..........................................................      .3500
109..........................................................      .3625
110..........................................................      .3750
111..........................................................      .3875
112..........................................................      .4000
113..........................................................      .4125
114..........................................................      .4250
115..........................................................      .4375
116..........................................................      .4500
117..........................................................      .4625
118..........................................................      .4750
119..........................................................      .4875
120..........................................................      .5000
121..........................................................      .5125
122..........................................................      .5250
123..........................................................      .5375
124..........................................................      .5500
125..........................................................      .5625
126..........................................................      .5750
127..........................................................      .5875
128..........................................................      .6000
129..........................................................      .6125
130..........................................................      .6250
131..........................................................      .6375
132..........................................................      .6500
133..........................................................      .6625
134..........................................................      .6750
135..........................................................      .6875
136..........................................................      .7000
137..........................................................      .7125
138..........................................................      .7250
139..........................................................      .7375
140..........................................................      .7500
141..........................................................      .7625
142..........................................................      .7750
143..........................................................      .7875
144..........................................................      .8000
145..........................................................      .8125
146..........................................................      .8250
147..........................................................      .8375
148..........................................................      .8500
149..........................................................      .8625
150..........................................................      .8750
151..........................................................      .8875
152..........................................................      .9000
153..........................................................      .9125
154..........................................................      .9250
155..........................................................      .9375
156..........................................................      .9500
157..........................................................      .9625
158..........................................................      .9750
159..........................................................      .9875
160..........................................................   937.0000
161..........................................................      .0125
162..........................................................      .0250
163..........................................................      .0375
164..........................................................      .0500
165..........................................................      .0625
166..........................................................      .0750
167..........................................................      .0875
168..........................................................      .1000
169..........................................................      .1125
170..........................................................      .1250
171..........................................................      .1375
172..........................................................      .1500
173..........................................................      .1625
174..........................................................      .1750
175..........................................................      .1875
176..........................................................      .2000
177..........................................................      .2125
178..........................................................      .2250
179..........................................................      .2375
180..........................................................      .2500
181..........................................................      .2625
182..........................................................      .2750
183..........................................................      .2875
184..........................................................      .3000
185..........................................................      .3125
186..........................................................      .3250
187..........................................................      .3375
188..........................................................      .3500
189..........................................................      .3625
190..........................................................      .3750
191..........................................................      .3875
192..........................................................      .4000
193..........................................................      .4125
194..........................................................      .4250
195..........................................................      .4375
196..........................................................      .4500
197..........................................................      .4625
198..........................................................      .4750
199..........................................................      .4875
200..........................................................      .5000
201..........................................................      .5125
202..........................................................      .5250
203..........................................................      .5375
204..........................................................      .5500
205..........................................................      .5625
206..........................................................      .5750
207..........................................................      .5875
208..........................................................      .6000
209..........................................................      .6125
210..........................................................      .6250

[[Page 434]]

 
211..........................................................      .6375
212..........................................................      .6500
213..........................................................      .6625
214..........................................................      .6750
215..........................................................      .6875
216..........................................................      .7000
217..........................................................      .7125
218..........................................................      .7250
219..........................................................      .7375
220..........................................................      .7500
221..........................................................      .7625
222..........................................................      .7750
223..........................................................      .7875
224..........................................................      .8000
225..........................................................      .8125
226..........................................................      .8250
227..........................................................      .8375
228..........................................................      .8500
229..........................................................      .8625
230..........................................................      .8750
231..........................................................      .8875
232..........................................................      .9000
233..........................................................      .9125
234..........................................................      .9250
235..........................................................      .9375
236..........................................................      .9500
237..........................................................      .9625
238..........................................................      .9750
239..........................................................      .9875
240..........................................................   938.0000
241..........................................................      .0125
242..........................................................      .0250
243..........................................................      .0375
244..........................................................      .0500
245..........................................................      .0625
246..........................................................      .0750
247..........................................................      .0875
248..........................................................      .1000
249..........................................................      .1125
250..........................................................      .1250
251..........................................................      .1375
252..........................................................      .1500
253..........................................................      .1625
254..........................................................      .1750
255..........................................................      .1875
256..........................................................      .2000
257..........................................................      .2125
258..........................................................      .2250
259..........................................................      .2375
260..........................................................      .2500
261..........................................................      .2625
262..........................................................      .2750
263..........................................................      .2875
264..........................................................      .3000
265..........................................................      .3125
266..........................................................      .3250
267..........................................................      .3375
268..........................................................      .3500
269..........................................................      .3625
270..........................................................      .3750
271..........................................................      .3875
272..........................................................      .4000
273..........................................................      .4125
274..........................................................      .4250
275..........................................................      .4375
276..........................................................      .4500
277..........................................................      .4625
278..........................................................      .4750
279..........................................................      .4875
280..........................................................      .5000
281..........................................................      .5125
282..........................................................      .5250
283..........................................................      .5375
284..........................................................      .5500
285..........................................................      .5625
286..........................................................      .5750
287..........................................................      .5875
288..........................................................      .6000
289..........................................................      .6125
290..........................................................      .6250
291..........................................................      .6375
292..........................................................      .6500
293..........................................................      .6625
294..........................................................      .6750
295..........................................................      .6875
296..........................................................      .7000
297..........................................................      .7125
298..........................................................      .7250
299..........................................................      .7375
300..........................................................      .7500
301..........................................................      .7625
302..........................................................      .7750
303..........................................................      .7875
304..........................................................      .8000
305..........................................................      .8125
306..........................................................      .8250
307..........................................................      .8375
308..........................................................      .8500
309..........................................................      .8625
310..........................................................      .8750
311..........................................................      .8875
312..........................................................      .9000
313..........................................................      .9125
314..........................................................      .9250
315..........................................................      .9375
316..........................................................      .9500
317..........................................................      .9625
318..........................................................      .9750
319..........................................................      .9875
320..........................................................   939.0000
321..........................................................      .0125
322..........................................................      .0250
323..........................................................      .0375
324..........................................................      .0500
325..........................................................      .0625
326..........................................................      .0750
327..........................................................      .0875
328..........................................................      .1000
329..........................................................      .1125
330..........................................................      .1250
331..........................................................      .1375
332..........................................................      .1500
333..........................................................      .1625
334..........................................................      .1750
335..........................................................      .1875
336..........................................................      .2000
337..........................................................      .2125
338..........................................................      .2250
339..........................................................      .2375
340..........................................................      .2500
341..........................................................      .2625
342..........................................................      .2750
343..........................................................      .2875
344..........................................................      .3000
345..........................................................      .3125
346..........................................................      .3250
347..........................................................      .3375
348..........................................................      .3500

[[Page 435]]

 
349..........................................................      .3625
350..........................................................      .3750
351..........................................................      .3875
352..........................................................      .4000
353..........................................................      .4125
354..........................................................      .4250
355..........................................................      .4375
356..........................................................      .4500
357..........................................................      .4625
358..........................................................      .4750
359..........................................................      .4875
360..........................................................      .5000
361..........................................................      .5125
362..........................................................      .5250
363..........................................................      .5375
364..........................................................      .5500
365..........................................................      .5625
366..........................................................      .5750
367..........................................................      .5875
368..........................................................      .6000
369..........................................................      .6125
370..........................................................      .6250
371..........................................................      .6375
372..........................................................      .6500
373..........................................................      .6625
374..........................................................      .6750
375..........................................................      .6875
376..........................................................      .7000
377..........................................................      .7125
378..........................................................      .7250
379..........................................................      .7375
380..........................................................      .7500
381..........................................................      .7625
382..........................................................      .7750
383..........................................................      .7875
384..........................................................      .8000
385..........................................................      .8125
386..........................................................      .8250
387..........................................................      .8375
388..........................................................      .8500
389..........................................................      .8625
390..........................................................      .8750
391..........................................................      .8875
392..........................................................      .9000
393..........................................................      .9125
394..........................................................      .9250
395..........................................................      .9375
396..........................................................      .9500
397..........................................................      .9625
398..........................................................      .9750
399..........................................................      .9875
------------------------------------------------------------------------


[47 FR 41032, Sept. 16, 1982, as amended at 48 FR 51928, Nov. 15, 1983; 
51 FR 37402, Oct. 22, 1986; 52 FR 29856, Aug. 12, 1987; 53 FR 1025, Jan. 
15, 1988; 54 FR 38681, Sept. 20, 1989; 54 FR 39740, Sept. 28, 1989]



Sec. 90.615  Spectrum blocks available in the General Category for 800 MHz SMR General Category.

        Table 1--806-821/851-866 MHz Band Channels (150 Channels)
------------------------------------------------------------------------
              Spectrum block                        Channel Nos.
------------------------------------------------------------------------
D.........................................  1 through 50.
E.........................................  51 through 100.
F.........................................  101 through 150.
------------------------------------------------------------------------


[62 FR 41214, July 31, 1997]



Sec. 90.617  Frequencies in the 809.750-824/854.750-869 MHz, and 896-901/935-940 MHz bands available for trunked or conventional system use in non-border areas.

    (a) The channels listed in table 1 and paragraph (a)(1) of this 
section are available to eligible applicants in the Public Safety 
Category which consists of licensees eligible in the Public Safety Pool 
of subpart B of this part. These frequencies are available in areas 
farther than 110 km (68.4 miles) from the U.S./Mexican border, and 140 
km (87 miles) from the U.S./Canadian border. Specialized Mobile Radio 
Systems will not be authorized in this category. These channels are 
available for intercategory sharing as indicated in Sec. 90.621(g).

                         Public Safety Category

        Table 1--806-821/851-866 MHz Band Channels (70 Channels)
------------------------------------------------------------------------
                   Group No.                           Channel Nos.
------------------------------------------------------------------------
209............................................      209-249-289-329-369
210............................................      210-250-290-330-370
211............................................      211-251-291-331-371
218............................................      218-258-298-338-378
219............................................      219-259-299-339-379
220............................................      220-260-300-340-380
229............................................      229-269-309-349-389
230............................................      230-270-310-350-390
231............................................      231-271-311-351-391
238............................................      238-278-318-358-398
239............................................      239-279-319-359-399
240............................................      240-280-320-360-400
Single channels................................      159, 169, 179, 189,
                                                     199, 160, 170, 180,
                                                                190, 200
------------------------------------------------------------------------

    (1) Channels numbers 601-830 are also available to eligible 
applicants in the Public Safety Category in areas farther than 110 km 
(68.4 miles) from the U.S./

[[Page 436]]

Mexican border, and 140 km (87 miles) from the U.S./Candian border. The 
assignment of these channels will be done in accordance with the 
policies defined in the Report and Order of Gen. Docket No. 87-112 (See 
Sec. 90.16). The following channels are available only for mutual aid 
purposes as defined in Gen. Docket No. 87-112: channels 601, 639, 677, 
715, 753.
    (b) The channels listed in Table 2A are available to eligible 
applicants in the Industrial/Land Transportation Category (consisting of 
Power, Petroleum, Forest Products, Film and Video Production, Relay 
Press, Special Industrial, Manufacturers, Telephone Maintenance, Motor 
Carrier, Railroad, Taxicab, and Automobile Emergency licensees, as 
defined in Sec. 90.7). These frequencies are available in areas farther 
than 110 km (68.4 miles) from the U.S./Mexico border and farther than 
140 km (87.0 miles) from the U.S./Canada border. Specialized Mobile 
Radio (SMR) systems will not be authorized on these frequencies. These 
channels are available for inter-category sharing as indicated in 
Sec. 90.621(g).

  Table 2A--Industrial/Land Transportation Category 806-821/851-866 MHz
                      Band Channels (50 Channels):
------------------------------------------------------------------------
                   Group No.                           Channel Nos.
------------------------------------------------------------------------
212............................................      212-252-292-332-372
213............................................      213-253-293-333-373
214............................................      214-254-294-334-374
215............................................      215-255-295-335-375
216............................................      216-256-296-336-376
217............................................      217-257-297-337-377
Single channels................................      155, 165, 175, 185,
                                                                    195,
                                                     156, 166, 176, 186,
                                                                    196,
                                                     157, 167, 177, 187,
                                                                    197,
                                                 158, 168, 178, 188, 198
------------------------------------------------------------------------

 Table 2B--Industrial/Land Transportation Category 896-901/935-940 MHz 
                      Band Channels (99 Channels):

    For multichannel systems channels may be grouped vertically or 
horizontally as they appear in the table.

                              Channel Nos.

31-32-33-34-35
36-37-38-39-40
71-72-73-74-75
76-77-78-79-80
111-112-113-114-115
116-117-118-119-120
151-152-153-154-155
156-157-158-159-160
191-192-193-194-195
196-197-198-199-200
231-232-233-234-235
236-237-238-239-240
271-272-273-274-275
276-277-278-279-280
311-312-313-314-315
316-317-318-319-320
351-352-353-354-355
356-357-358-359-360
391-392-393-394-395
396-397-398-399.

    (c) The channels listed in Table 3A are available to eligible 
applicants in the Business Radio Category. This category includes those 
entities eligible in the Industrial/Business Pool of subpart C of this 
part and does not include Special Mobilized Radio Systems as defined in 
Sec. 90.603(c). These frequencies are available in areas farther than 
110 km (68.4 miles) from the U.S./Mexico border and farther than 140 km 
(87.0 miles) from the U.S./Canada border. Specialized Mobile Radio 
Systems will not be authorized on these frequencies. These channels are 
available for inter-category sharing as indicated in Sec. 90.621(g).

    Table 3A--Business Category 806-821/851-866 MHz Band Channels (50
                               Channels):
------------------------------------------------------------------------
                   Group No.                           Channel Nos.
------------------------------------------------------------------------
232............................................      232-272-312-352-392
233............................................      233-273-313-353-393
234............................................      234-274-314-354-394
235............................................      235-275-315-355-395
236............................................      236-276-316-356-396
237............................................      237-277-317-357-397
Single channels................................      151, 161, 171, 181,
                                                                    191,
                                                     152, 162, 172, 182,
                                                                    192,
                                                     153, 163, 173, 183,
                                                                    193,
                                                 154, 164, 174, 184, 194
------------------------------------------------------------------------

   Table 3B--Business Category 896-901/935-940 MHz Band Channels (100 
                               Channels):

    For multichannel systems, channels may be grouped vertically or 
horizontally as they appear in the table.

11-12-13-14-15
16-17-18-19-20
51-52-53-54-55
56-57-58-59-60
91-92-93-94-95
96-97-98-99-100
131-132-133-134-135
136-137-138-139-140
171-172-173-174-175
176-177-178-179-180
211-212-213-214-215
216-217-218-219-220
251-252-253-254-255
256-257-258-259-260
291-292-293-294-295
296-297-298-299-300
331-332-333-334-335
336-337-338-339-340
371-372-373-374-375
376-377-378-379-380.

    (d) The channels listed in Tables 4A and 4B are available only to 
eligibles in the SMR category which consists of Specialized Mobile Radio 
(SMR) stations and eligible end users. The frequencies listed in Table 
4A are available to SMR eligibles desiring to be authorized for EA-based 
service areas in

[[Page 437]]

accordance with Sec. 90.681. SMR licensees licensed on Channels 401-600 
on or before March 3, 1996, may continue to utilize these frequencies 
within their existing service areas, subject to the mandatory relocation 
provisions of Sec. 90.699. This paragraph deals with the assignment of 
frequencies only in areas farther than 110 km (68.4 miles) from the 
U.S./Mexico border and farther than 140 km (87) miles from the U.S./
Canada border. See Sec. 90.619 for the assignment of SMR frequencies in 
these border areas. For stations located within 113 km (70 miles) of 
Chicago, channels 401-600 will be assigned in blocks as outlined in 
Table 4C.


 Table 4A--SMR Category 806-821/851-866 MHz Band Channels (280 Channels)
------------------------------------------------------------------------
              Spectrum block                        Channel Nos.
------------------------------------------------------------------------
A.........................................  401 through 420
B.........................................  421 through 480
C.........................................  481 through 600
G.........................................  201-241-281-321-361
H.........................................  202-242-282-322-362
I.........................................  203-243-283-323-363
J.........................................  204-244-284-324-364
K.........................................  205-245-285-325-365
L.........................................  206-246-286-326-366
M.........................................  207-247-287-327-367
N.........................................  208-248-288-328-368
O.........................................  221-261-301-341-381
P.........................................  222-262-302-342-382
Q.........................................  223-263-303-343-383
R.........................................  224-264-304-344-384
S.........................................  225-265-305-345-385
T.........................................  226-266-306-346-386
U.........................................  227-267-307-347-387
V.........................................  228-268-308-348-388
------------------------------------------------------------------------


 Table 4B--SMR Category 896-901/935-940 MHz Band-Channels (200 Channels)
------------------------------------------------------------------------
                Block                             Channel Nos.
------------------------------------------------------------------------
A....................................  1-2-3-4-5-6-7-8-9-10
B....................................  21-22-23-24-25-26-27-28-29-30
C....................................  41-42-43-44-45-46-47-48-49-50
D....................................  61-62-63-64-65-66-67-68-69-70
E....................................  81-82-83-84-85-86-87-88-89-90
F....................................  101-102-103-104-105-106-107-108-1
                                        09-110
G....................................  121-122-123-124-125-126-127-128-1
                                        29-130
H....................................  141-142-143-144-145-146-147-148-1
                                        49-150
I....................................  161-162-163-164-165-166-167-168-1
                                        69-170
J....................................  181-182-183-184-185-186-187-188-1
                                        89-190
K....................................  201-202-203-204-205-206-207-208-2
                                        09-210
L....................................  221-222-223-224-225-226-227-228-2
                                        29-230
M....................................  241-242-243-244-245-246-247-248-2
                                        49-250
N....................................  261-262-263-264-265-266-267-268-2
                                        69-270
O....................................  281-282-283-284-285-286-287-288-2
                                        89-290
P....................................  301-302-303-304-305-306-307-308-3
                                        09-310
Q....................................  321-322-323-324-325-326-327-328-3
                                        29-330
R....................................  341-342-343-344-345-346-347-348-3
                                        49-350
S....................................  361-362-363-364-365-366-367-368-3
                                        69-370
T....................................  381-382-383-384-385-386-387-388-3
                                        89-390
------------------------------------------------------------------------


                Table 4C-SMR Category--Chicago Plan 2, 3
------------------------------------------------------------------------
                 Group No.                          Channel Nos.
------------------------------------------------------------------------
401 \1\...................................  401 through 410
411.......................................  411-447-483-519-555
412.......................................  412-448-484-520-556
413.......................................  413-449-485-521-557
414.......................................  414-450-486-522-558
415.......................................  415-451-487-523-559
416.......................................  416-452-488-524-560
417.......................................  417-453-489-525-561
418.......................................  418-454-490-526-562
419.......................................  419-455-491-527-563
420.......................................  420-456-492-528-564
421.......................................  421-457-493-529-565
422.......................................  422-458-494-530-566
423.......................................  423-459-495-531-567
424.......................................  424-460-496-532-568
425.......................................  425-461-497-533-569
426.......................................  426-462-498-534-570
427.......................................  427-463-499-535-571
428.......................................  428-464-500-536-572
429.......................................  429-465-501-537-573
430.......................................  430-466-502-538-574
431.......................................  431-467-503-539-575
432.......................................  432-468-504-540-576
433.......................................  433-469-505-541-577
434.......................................  434-470-506-542-578
435.......................................  435-471-507-543-579
436.......................................  436-472-508-544-580
437.......................................  437-473-509-545-581
438.......................................  438-474-510-546-582
439.......................................  439-475-511-547-583
440.......................................  440-476-512-548-584
441.......................................  441-477-513-549-585
442.......................................  442-478-514-550-586
443.......................................  443-479-515-551-587
444.......................................  444-480-516-552-588
445.......................................  445-481-517-553-589
446.......................................  446-482-518-554-590
591.......................................  591-592-593-594-595
596.......................................  596-597-598-599-600
------------------------------------------------------------------------
\1\ Reserved for contiguous assignments or as a frequency pool for
  assignments to systems with odd number of chanels.
\2\ These frequencies will be authorized only in the area encompassed by
  a 113 km (70 mile) radius centered at 41 deg.52'28'' N. 87 deg.38'22''
  W.
\3\ All stations located beyond the 113 km (70 mile) distance authorized
  on or before August 16, 1982 to use these frequencies may continue to
  do so. Stations beyond the 113 km (70 mile) distance authorized after
  August 16, 1982, shall employ frequencies listed in table 4A subject
  to the provisions of Sec.  90.621 (b) or (c) as applicable.


[47 FR 41032, Sept. 16, 1982, as amended at 47 FR 51883, Nov. 18, 1982; 
51 FR 37404, Oct. 22, 1986; 52 FR 3662, Feb. 5, 1987; 52 FR 29856, Aug. 
12, 1987; 53 FR 1026, Jan. 15, 1988; 53 FR 12156, Apr. 13, 1988; 54 FR 
38682, Sept. 20, 1989; 58 FR 31476, June 3, 1993; 58 FR 44962, Aug. 25, 
1993; 60 FR 21990, May 4, 1995; 60 FR 48918, Sept. 21, 1995; 61 FR 6156, 
Feb. 16, 1996; 61 FR 6576, Feb. 21, 1996; 62 FR 18934, Apr. 17, 1997; 62 
FR 41214, July 31, 1997]



Sec. 90.619  Frequencies available for use in the U.S./Mexico and U.S./Canada border areas.

    (a) U.S./Mexico border area. The channels listed in tables 1A, 2A, 
3A and 4A are offset 12.5 kHz lower in frequency than those specified in 
the 806-

[[Page 438]]

821/851-866 MHz table in Sec. 90.613. The Channel 201 base frequency 
will be 856.000 MHz, followed by Channel 202 at 856.025 MHz and 
proceeding with uniform 25 kHz channeling to Channel 400 at 860.975 MHz. 
Mobile station frequencies will be 45 MHz lower in frequency. These 
channels are available for assignment for conventional or trunked 
systems only in areas 110 kilometers (68.4 miles) or less from the U.S./
Mexico border. Stations located on Mt. Lemmon, serving the Tucson, AZ 
area, will only be authorized offset frequencies. The channels listed in 
tables 2B, 3B, and 4B correspond to those specified in the 896-901/935-
940 MHz table in Sec. 90.613 and are not offset. Mobile station 
frequencies will be 39 MHz lower in frequency. The frequencies listed in 
tables 2B, 3B, and 4B are not available for licensing in the U.S./Mexico 
border area until June 11, 1993.
    (1) Table 1A lists the channels in the 806-821/851-866 MHz band that 
are available for assignment to eligible applicants in the Public Safety 
Category which consists of licensees eligible in the Public Safety Pool 
of subpart B of this part. Specialized Mobile Radio Systems (SMRS) will 
not be authorized in this category. These channels are available for 
intercategory sharing as indicated in Sec. 90.621(g).

 Table 1--United States/Mexico Border Area, Public Safety Category-806-
                   821/851-866 MHz Band (85 Channels)
------------------------------------------------------------------------
                 Offset group No.                   Offset channel Nos.
------------------------------------------------------------------------
2011.............................................        241-281-321-361
202..............................................    202-242-282-322-362
203..............................................    203-243-283-323-363
204..............................................    204-244-284-324-364
205..............................................    205-245-285-325-365
206..............................................    206-246-286-326-366
207..............................................    207-247-287-327-367
208..............................................    208-248-288-328-368
209..............................................    209-249-289-329-369
210..............................................    210-250-290-330-370
211..............................................    211-251-291-331-371
401..............................................    401-441-481-521-561
403..............................................    403-443-483-523-563
405..............................................    405-445-485-525-565
407..............................................    407-447-487-527-567
409..............................................    409-449-489-529-569
411..............................................    411-451-491-531-571
------------------------------------------------------------------------
\1\ Offset Group 201 is available for conventional system use only.
  Offset Channel 201 is not available for use in the U.S./Mexico border
  area.

    (2) Certain channels in the 821-824/866-869 MHz band are also 
available to eligible applicants in the Public Safety Category in areas 
within 110 kilometers (68.4 miles) of the U.S./Mexico border. These 
channels will be assigned according to the policies defined in the 
Report and Order of Gen. Docket No. 87-112 (See Sec. 90.16). The 
following channels are available only for mutual aid purposes as defined 
in Gen. Docket No. 87-112: channels 601, 639, 677, 715, and 753. Certain 
channels in the 896-901/935-940 MHz band are also available in areas 
within 110 kilometers (68.4 miles) of the U.S./Mexico border. The 
specific channels that are available for licensing in the bands 821-824/
866-869 and 896-901/935-940 MHz within 110 kilometers (68.4 miles) of 
the Mexico border are listed in tables 1B, 2B, 3B, and 4B and are 
subject to Effective Radiated Power (ERP) and Antenna Height limitations 
as indicated in table 1C. In addition, all channels designated for use 
within Mexico in the 821-824/866-869 MHz and 896-901/935-940 MHz bands 
are available for assignment to U.S. stations within 110 kilometers 
(68.4 miles) of the Mexico border if the maximum power flux density 
(pfd) of the station's transmitted signal at any point at or beyond the 
border does not exceed -107 dB(W/m2). The spreading loss must 
be calculated using the free space formula taking into account any 
antenna discrimination in the direction of the border. Authorizations 
for stations using channels allotted to Mexico on a primary basis will 
be secondary to Mexican operations and conditioned to require that 
licensees take immediate action to eliminate any harmful interference 
resulting from the station's transmitted signal exceeding -107 dB(W/
m2).

   Table 1B--United States/Mexico Border Area, Public Safety Category 821-824/866-869 MHz Band (107 Channels)
----------------------------------------------------------------------------------------------------------------
                                                      Base        Mobile
                     Channel                       frequency    frequency                  Country
----------------------------------------------------------------------------------------------------------------
601.............................................     866.0125     821.0125  Both countries.
                                                     866.0250     821.0250  Not available.
602.............................................     866.0375     821.0375  U.S.
603.............................................     866.0500     821.0500  U.S.
604.............................................     866.0625     821.0625  U.S.
605.............................................     866.0750     821.0750  U.S.
606.............................................     866.0875     821.0875  U.S.
607.............................................     866.1000     821.1000  U.S.
608.............................................     866.1125     821.1125  U.S.
609.............................................     866.1250     821.1250  U.S.
610.............................................     866.1375     821.1375  U.S.
611.............................................     866.1500     821.1500  Guard channel.

[[Page 439]]

 
612.............................................     866.1625     821.1625  Mexico.
613.............................................     866.1750     821.1750  Mexico.
614.............................................     866.1875     821.1875  Mexico.
615.............................................     866.2000     821.2000  Mexico.
616.............................................     866.2125     821.2125  Mexico.
617.............................................     866.2250     821.2250  Mexico.
618.............................................     866.2375     821.2375  Mexico.
619.............................................     866.2500     821.2500  Mexico.
620.............................................     866.2625     821.2625  Mexico.
621.............................................     866.2750     821.2750  Mexico.
622.............................................     866.2875     821.2875  Mexico.
623.............................................     866.3000     821.3000  Mexico.
624.............................................     866.3125     821.3125  Mexico.
625.............................................     866.3250     821.3250  Mexico.
626.............................................     866.3375     821.3375  Mexico.
627.............................................     866.3500     821.3500  Mexico.
628.............................................     866.3625     821.3625  Mexico.
629.............................................     866.3750     821.3750  Guard channel.
630.............................................     866.3875     821.3875  U.S.
631.............................................     866.4000     821.4000  U.S.
632.............................................     866.4125     821.4125  U.S.
633.............................................     866.4250     821.4250  U.S.
634.............................................     866.4375     821.4375  U.S.
635.............................................     866.4500     821.4500  U.S.
636.............................................     866.4625     821.4625  U.S.
637.............................................     866.4750     821.4750  U.S.
638.............................................     866.4875     821.4875  U.S.
                                                     866.5000     821.5000  Not available.
639.............................................     866.5125     821.5125  Both countries.
                                                     866.5250     821.5250  Not available.
640.............................................     866.5375     821.5375  U.S.
641.............................................     866.5500     821.5500  U.S.
642.............................................     866.5625     821.5625  U.S.
643.............................................     866.5750     821.5750  U.S.
644.............................................     866.5875     821.5875  U.S.
645.............................................     866.6000     821.6000  U.S.
646.............................................     866.6125     821.6125  U.S.
647.............................................     866.6250     821.6250  U.S.
648.............................................     866.6375     821.6375  U.S.
649.............................................     866.6500     821.6500  Guard channel.
650.............................................     866.6625     821.6625  Mexico.
651.............................................     866.6750     821.6750  Mexico.
652.............................................     866.6875     821.6875  Mexico.
653.............................................     866.7000     821.7000  Mexico.
654.............................................     866.7125     821.7125  Mexico.
655.............................................     866.7250     821.7250  Mexico.
656.............................................     866.7375     821.7375  Mexico.
657.............................................     866.7500     821.7500  Mexico.
658.............................................     866.7625     821.7625  Mexico.
659.............................................     866.7750     821.7750  Mexico.
660.............................................     866.7875     821.7875  Mexico.
661.............................................     866.8000     821.8000  Mexico.
662.............................................     866.8125     821.8125  Mexico.
663.............................................     866.8250     821.8250  Mexico.
664.............................................     866.8375     821.8375  Mexico.
665.............................................     866.8500     821.8500  Mexico.
666.............................................     866.8625     821.8625  Mexico.
667.............................................     866.8750     821.8750  Guard channel.
668.............................................     866.8875     821.8875  U.S.
669.............................................     866.9000     821.9000  U.S.
670.............................................     866.9125     821.9125  U.S.
671.............................................     866.9250     821.9250  U.S.
672.............................................     866.9375     821.9375  U.S.
673.............................................     866.9500     821.9500  U.S.
674.............................................     866.9625     821.9625  U.S.
675.............................................     866.9750     821.9750  U.S.
676.............................................     866.9875     821.9875  U.S.
                                                     867.0000     822.0000  Not available.
677.............................................     867.0125     822.0125  Both countries.
                                                     867.0250     822.0250  Not available.
678.............................................     867.0375     822.0375  U.S.
679.............................................     867.0500     822.0500  U.S.
680.............................................     867.0625     822.0625  U.S.
681.............................................     867.0750     822.0750  U.S.
682.............................................     867.0875     822.0875  U.S.
683.............................................     867.1000     822.1000  U.S.
684.............................................     867.1125     822.1125  U.S.
685.............................................     867.1250     822.1250  U.S.
686.............................................     867.1375     822.1375  U.S.
687.............................................     867.1500     822.1500  Guard channel.
688.............................................     867.1625     822.1625  Mexico.
689.............................................     867.1750     822.1750  Mexico.
690.............................................     867.1875     822.1875  Mexico.
691.............................................     867.2000     822.2000  Mexico.
692.............................................     867.2125     822.2125  Mexico.
693.............................................     867.2250     822.2250  Mexico.
694.............................................     867.2375     822.2375  Mexico.
695.............................................     867.2500     822.2500  Mexico.
696.............................................     867.2625     822.2625  Mexico.
697.............................................     867.2750     822.2750  Mexico.
698.............................................     867.2875     822.2875  Mexico.
699.............................................     867.3000     822.3000  Mexico.
700.............................................     867.3125     822.3125  Mexico.
701.............................................     867.3250     822.3250  Mexico.
702.............................................     867.3375     822.3375  Mexico.
703.............................................     867.3500     822.3500  Mexico.
704.............................................     867.3625     822.3625  Mexico.
705.............................................     867.3750     822.3750  Guard channel.
706.............................................     867.3875     822.3875  U.S.
707.............................................     867.4000     822.4000  U.S.
708.............................................     867.4125     822.4125  U.S.
709.............................................     867.4250     822.4250  U.S.
710.............................................     867.4375     822.4375  U.S.
711.............................................     867.4500     822.4500  U.S.
712.............................................     867.4625     822.4625  U.S.
713.............................................     867.4750     822.4750  U.S.
714.............................................     867.4875     822.4875  U.S.
                                                     867.5000     822.5000  Not available.
715.............................................     867.5125     822.5125  Both countries.
                                                     867.5250     822.5250  Not available.
716.............................................     867.5375     822.5375  U.S.
717.............................................     867.5500     822.5500  U.S.
718.............................................     867.5625     822.5625  U.S.
719.............................................     867.5750     822.5750  U.S.
720.............................................     867.5875     822.5875  U.S.
721.............................................     867.6000     822.6000  U.S.
722.............................................     867.6125     822.6125  U.S.
723.............................................     867.6250     822.6250  U.S.
724.............................................     867.6375     822.6375  U.S.
725.............................................     867.6500     822.6500  Guard channel.
726.............................................     867.6625     822.6625  Mexico.
727.............................................     867.6750     822.6750  Mexico.
728.............................................     867.6875     822.6875  Mexico.
729.............................................     867.7000     822.7000  Mexico.
730.............................................     867.7125     822.7125  Mexico.
731.............................................     867.7250     822.7250  Mexico.
732.............................................     867.7375     822.7375  Mexico.
733.............................................     867.7500     822.7500  Mexico.
734.............................................     867.7625     822.7625  Mexico.
735.............................................     867.7750     822.7750  Mexico.
736.............................................     867.7875     822.7875  Mexico.
737.............................................     867.8000     822.8000  Mexico.
738.............................................     867.8125     822.8125  Mexico.
739.............................................     867.8250     822.8250  Mexico.

[[Page 440]]

 
740.............................................     867.8375     822.8375  Mexico.
741.............................................     867.8500     822.8500  Mexico.
742.............................................     867.8625     822.8625  Guard channel.
743.............................................     867.8750     822.8750  U.S.
744.............................................     867.8875     822.8875  U.S.
745.............................................     867.9000     822.9000  U.S.
746.............................................     867.9125     822.9125  U.S.
747.............................................     867.9250     822.9250  U.S.
748.............................................     867.9375     822.9375  U.S.
749.............................................     867.9500     822.9500  U.S.
750.............................................     867.9625     822.9625  U.S.
751.............................................     867.9750     822.9750  U.S.
752.............................................     867.9875     822.9875  U.S.
                                                     868.0000     823.0000  Not available.
753.............................................     868.0125     823.0125  Both countries.
                                                     868.0250     823.0250  Not available.
754.............................................     868.0375     823.0375  U.S.
755.............................................     868.0500     823.0500  U.S.
756.............................................     868.0625     823.0625  U.S.
757.............................................     868.0750     823.0750  U.S.
758.............................................     868.0875     823.0875  U.S.
759.............................................     868.1000     823.1000  U.S.
760.............................................     868.1125     823.1125  U.S.
761.............................................     868.1250     823.1250  U.S.
762.............................................     868.1375     823.1375  U.S.
763.............................................     868.1500     823.1500  Guard channel.
764.............................................     868.1625     823.1625  Mexico.
765.............................................     868.1750     823.1750  Mexico.
766.............................................     868.1875     823.1875  Mexico.
767.............................................     868.2000     823.2000  Mexico.
768.............................................     868.2125     823.2125  Mexico.
769.............................................     868.2250     823.2250  Mexico.
770.............................................     868.2375     823.2375  Mexico.
771.............................................     868.2500     823.2500  Mexico.
772.............................................     868.2625     823.2625  Mexico.
773.............................................     868.2750     823.2750  Mexico.
774.............................................     868.2875     823.2875  Mexico.
775.............................................     868.3000     823.3000  Mexico.
776.............................................     868.3125     823.3125  Mexico.
777.............................................     868.3250     823.3250  Mexico.
778.............................................     868.3375     823.3375  Mexico.
779.............................................     868.3500     823.3500  Mexico.
780.............................................     868.3625     823.3625  Guard channel.
781.............................................     868.3750     823.3750  U.S.
782.............................................     868.3875     823.3875  U.S.
783.............................................     868.4000     823.4000  U.S.
784.............................................     868.4125     823.4125  U.S.
785.............................................     868.4250     823.4250  U.S.
786.............................................     868.4375     823.4375  U.S.
787.............................................     868.4500     823.4500  U.S.
788.............................................     868.4625     823.4625  U.S.
789.............................................     868.4750     823.4750  U.S.
790.............................................     868.4875     823.4875  U.S.
791.............................................     868.5000     823.5000  U.S.
792.............................................     868.5125     823.5125  U.S.
793.............................................     868.5250     823.5250  U.S.
794.............................................     868.5375     823.5375  U.S.
795.............................................     868.5500     823.5500  U.S.
796.............................................     868.5625     823.5625  U.S.
797.............................................     868.5750     823.5750  U.S.
798.............................................     868.5875     823.5875  U.S.
799.............................................     868.6000     823.6000  U.S.
800.............................................     868.6125     823.6125  Guard channel.
801.............................................     868.6250     823.6250  Mexico.
802.............................................     868.6375     823.6375  Mexico.
803.............................................     868.6500     823.6500  Mexico.
804.............................................     868.6625     823.6625  Mexico.
805.............................................     868.6750     823.6750  Mexico.
806.............................................     868.6875     823.6875  Mexico.
807.............................................     868.7000     823.7000  Mexico.
808.............................................     868.7125     823.7125  Mexico.
809.............................................     868.7250     823.7250  Mexico.
810.............................................     868.7375     823.7375  Mexico.
811.............................................     868.7500     823.7500  Mexico.
812.............................................     868.7625     823.7625  Mexico.
813.............................................     868.7750     823.7750  Mexico.
814.............................................     868.7875     823.7875  Mexico.
815.............................................     868.8000     823.8000  Mexico.
816.............................................     868.8125     823.8125  Mexico.
817.............................................     868.8250     823.8250  Mexico.
818.............................................     868.8375     823.8375  Mexico.
819.............................................     868.8500     823.8500  Mexico.
820.............................................     868.8625     823.8625  Mexico.
821.............................................     868.8750     823.8750  Mexico.
822.............................................     868.8875     823.8875  Mexico.
823.............................................     868.9000     823.9000  Mexico.
824.............................................     868.9125     823.9125  Guard channel.
825.............................................     868.9250     823.9250  U.S.
826.............................................     868.9375     823.9375  U.S.
827.............................................     868.9500     823.9500  U.S.
828.............................................     868.9625     823.9625  U.S.
829.............................................     868.9750     823.9750  U.S.
830.............................................     868.9875     823.9875  U.S.
----------------------------------------------------------------------------------------------------------------


   Table 1C--Limits of Effective Radiated Power (ERP) Corresponding to
Antenna Heights of Base Stations in the 821-824/866-869 MHZ and 896-901/
   935-940 MHZ Bands within 110 Kilometers (68.4 miles) of the Mexican
                                 Border
------------------------------------------------------------------------
           Antenna height above mean sea level                  ERP
------------------------------------------------------------------------
                                                               Watts
              Meters                        Feet             (maximum)
------------------------------------------------------------------------
  0-503...........................    0-1650............             500
504-609...........................  1651-2000...........             350
610-762...........................  2001-2500...........             200
763-914...........................  2501-3000...........             140
915-1066..........................  3001-3500...........             100
1067-1219.........................  3501-4000...........              75
1220-1371.........................  4001-4500...........              70
1372-1523.........................  4501-5000...........              65
Above 1523........................  Above 5000..........               5
------------------------------------------------------------------------

    (3) Tables 2A and 2B list the channels that are available for 
assignment to eligible applicants in the Industrial/Land Transportation 
Category (consisting of Power, Petroleum, Forest Products, Film and 
Video Production, Relay Press, Special Industrial, Manufacturers, 
Telephone Maintenance, Motor Carrier, Railroad, Taxicab, and Automobile 
Emergency licensees, as defined in Sec. 90.7). New applications for 
Specialized Mobile Radio systems will not be

[[Page 441]]

accepted for these channels after March 18, 1996.

       Table 2A--United States/Mexico Border Area, Industrial/Land
     Transportation Category 806-821/851-866 MHZ Band (60 Channels):
------------------------------------------------------------------------
                 Offset group No.                   Offset channel Nos.
------------------------------------------------------------------------
212..............................................    212-252-292-332-372
213..............................................    213-253-293-333-373
214..............................................    214-254-294-334-374
215..............................................    215-255-295-335-375
216..............................................    216-256-296-336-376
217..............................................    217-257-297-337-377
218..............................................    218-258-298-338-378
219..............................................    219-259-299-339-379
413..............................................    413-453-493-533-573
415..............................................    415-455-495-535-575
417..............................................    417-457-497-537-577
419..............................................    419-459-499-539-579
------------------------------------------------------------------------

      Table 2B--United States/Mexico Border Area, Industrial/Land 
     Transportation Category 896-901/935-940 MHZ Band (99 Channels):

    For multichannel systems, channels may be grouped vertically or 
horizontally as they appear in the table. Channels numbered above 200 
may be used only subject to the power flux density limits stated in 
paragraph (a)(2) of this section:

                              Channel Nos.

31-32-33-34-35
36-37-38-39-40
71-72-73-74-75
76-77-78-79-80
111-112-113-114-115
116-117-118-119-120
151-152-153-154-155
156-157-158-159-160
191-192-193-194-195
196-197-198-199-200
231-232-233-234-235
236-237-238-239-240
271-272-273-274-275
276-277-278-279-280
311-312-313-314-315
316-317-318-319-320
351-352-353-354-355
356-357-358-359-360
391-392-393-394-395
396-397-398-399

    (4) Tables 3A and 3B list the channels that are available for 
assignment to eligible applicants in the Business Radio Category. This 
category includes those entities eligible in the Industrial/Business 
Pool of subpart C of this part and does not include Special Mobilized 
Radio Systems as defined in Sec. 90.603(c). These channels are available 
for inter-category sharing as indicated in Sec. 90.621(g).

 Table 3A--United States/Mexico Border Area, Business Category 806-821/
                     851-866 MHZ Bands (60 Channels)
------------------------------------------------------------------------
                 Offset group No.                   Offset channel Nos.
------------------------------------------------------------------------
220..............................................    220-260-300-340-380
221..............................................    221-261-301-341-381
222..............................................    222-262-302-342-382
223..............................................    223-263-303-343-383
224..............................................    224-264-304-344-384
225..............................................    225-265-305-345-385
226..............................................    226-266-306-346-386
227..............................................    227-267-307-347-387
421..............................................    421-461-501-541-581
423..............................................    423-463-503-543-583
425..............................................    425-465-505-545-585
427..............................................    427-467-507-547-587
------------------------------------------------------------------------

 Table 3B--United States/Mexico Border Area, Business Category 896-901/
                    935-940 MHz Band (100 Channels):

    For multichannel systems, channels may be grouped vertically or 
horizontally as they appear in the table. Channels numbered above 200 
may be used only subject to the power flux density limits stated in 
paragraph (a)(2) of this section.

                              Channel Nos.

11-12-13-14-15
16-17-18-19-20
51-52-53-54-55
56-57-58-59-60
91-92-93-94-95
96-97-98-99-100
131-132-133-134-135
136-137-138-139-140
171-172-173-174-175
176-177-178-179-180
211-212-213-214-215
216-217-218-219-220
251-252-253-254-255
256-257-258-259-260
291-292-293-294-295
296-297-298-299-300
331-332-333-334-335
336-337-338-339-340
371-372-373-374-375
376-377-378-379-380

    (5) Tables 4A and 4B list the channels that are available for 
assignment for the SMR Category (consisting of Specialized Mobile Radio 
systems as defined in Sec. 90.7).
    These channels are not available for inter-category sharing.

 Table 4A--United States-Mexico Border Area, SMR and General Categories
                 806-821/851-866 MHZ Band (95 Channels)
------------------------------------------------------------------------
              Spectrum block                     Offset channel Nos.
------------------------------------------------------------------------
                   EA-Based SMR Category (83 Channels)
------------------------------------------------------------------------
A.........................................  398-399-400.
B.........................................  429-431-433-435-437-439-469-
                                             471-473-475-477-479.

[[Page 442]]

 
C.........................................  509-511-513-515-517-519-549-
                                             551-553-555-557-559-589-591
                                             -593-595-597-599.
G.........................................  229-272-349.
H.........................................  230-273-350.
I.........................................  231-274-351.
J.........................................  232-278-352.
K.........................................  233-279-353.
L.........................................  234-280-354.
M.........................................  235-309-358.
N.........................................  236-310-359.
O.........................................  237-311-360.
P.........................................  238-312-389.
Q.........................................  239-313-390.
R.........................................  240-314-391.
S.........................................  269-318-392.
T.........................................  270-319-393.
U.........................................  271-320-394.
V.........................................  228-268-308-348-388.
------------------------------------------------------------------------
                     General Category (12 Channels)
------------------------------------------------------------------------
D.........................................  275-315-355-395.
E.........................................  276-316-356-396.
F.........................................  277-317-357-397
------------------------------------------------------------------------


Table 4B--United States-Mexico Border Area, SMR Category 896-901/935-940
                         MHZ Band (200 Channels)
------------------------------------------------------------------------
                Block                             Channel Nos.
------------------------------------------------------------------------
Channels numbered above 200 may be used only subject to the power flux
 density limits at or beyond the Mexican border stated in paragraph
 (a)(2) of this section.
 
A....................................  1-2-3-4-5-6-7-8-9-10
B....................................  21-22-23-24-25-26-27-28-29-30
C....................................  41-42-43-44-45-46-47-48-49-50
D....................................  61-62-63-64-65-66-67-68-69-70
E....................................  81-82-83-84-85-86-87-88-89-90
F....................................  101-102-103-014-105-106-107-108-1
                                        09-110
G....................................  121-122-123-124-125-126-127-128-1
                                        29-130
H....................................  141-142-143-144-145-146-147-148-1
                                        49-150
I....................................  161-162-163-164-165-166-167-168-1
                                        69-170
J....................................  181-182-183-184-185-186-187-188-1
                                        89-190
K....................................  201-202-203-204-205-206-207-208-2
                                        09-210
L....................................  221-222-223-224-225-226-227-228-2
                                        29-230
M....................................  241-242-243-244-245-246-247-248-2
                                        49-250
N....................................  261-262-263-264-265-266-267-268-2
                                        69-270
O....................................  281-282-283-284-285-286-287-288-2
                                        89-290
P....................................  301-302-303-304-305-306-307-308-3
                                        09-310
Q....................................  321-322-323-324-325-326-327-328-3
                                        29-330
R....................................  341-342-343-344-345-346-347-348-3
                                        49-350
S....................................  361-362-363-364-635-366-367-368-3
                                        69-370
T....................................  381-382-383-384-385-386-387-388-3
                                        89-390
------------------------------------------------------------------------

    (b) U.S./Canada border area. The following criteria shall govern the 
assignment of frequency pairs (channels) in the 806-821/851-866 and 896-
901/935-940 MHz bands for stations located in the U.S./Canada border 
area. These channels are available for assignment for conventional or 
trunked systems in accordance with all applicable sections of this 
subpart. They are available for intercategory sharing as indicated in 
Sec. 90.621(g). Specific provisions for use of the 821-824/866-869 MHz 
bands in the U.S./Canada border area are contained in paragraph (c) of 
this section, and provisions for use of the 896-901/935-940 MHz bands in 
the U.S./Canada border are contained in paragraph (d) of this section.
    (1) The U.S./Canada border area is divided into eight geographical 
regions with U.S. channel allocations shown in table 5.

                      Table 5--Geographical Regions
------------------------------------------------------------------------
                                                                 U.S.
          Region                  Location (longitude)          channel
                                                              allocation
------------------------------------------------------------------------
1........................  66 W-71 W (0-100 km from border).        300
2........................  71 W-81 W (0-100 km from border).        180
3........................  81 W-85 W (0-100 km from border).        420
4........................  85 W-121 -30 W (0-100 km from            300
                            border).
5........................  121-30 W 127 W(0-140 km from             300
                            border).
6........................  127 W-143 W (0-100 km from               300
                            border).
7........................  66 W-121 -30 W (100-140 km from          600
                            border).
8........................  127 W-143 W (100-140 km from             600
                            border).
------------------------------------------------------------------------

    (2) Station authorizations in Regions 1-4 and Regions 6-8 will be 
subject to Effective Radiated Power (ERP) and Effective Antenna Height 
(EAH) limitations as indicated in table 6. Stations in Region 5 will be 
subject to the ERP and antenna height above mean sea level limitations 
in table 8. Effective Radiated Power (ERP) is defined as the product of 
the power supplied to the antenna and its gain relative to a half-wave 
dipole in a given direction. Effective Antenna Height is calculated by 
subtracting the Assumed Average Terrain Elevation (AATE) given in table 
7 from the antenna height above mean sea level.

   Table 6--Limits of Effective Radiated Power (ERP) Corresponding to
 Effective Antenna Heights (EAH) of Base Stations in Regions 1, 2, 3, 4,
                                 6, 7, 8
------------------------------------------------------------------------
                                                                 Watts
                Feet                           Meters          (maximum)
------------------------------------------------------------------------
0-500...............................  0-152..................        500

[[Page 443]]

 
501-1000............................  153-305................        125
1001-1500...........................  306-457................         40
1501-2000...........................  458-609................         20
2001-2500...........................  610-762................         10
2501-3000...........................  763-914................         10
3001-3500...........................  915-1066...............          6
3501-4000...........................  1067-1219..............          5
Above 4000..........................  Above 1219.............          5
------------------------------------------------------------------------

                                                               [GRAPHIC] [TIFF OMITTED] TC02AP91.012
                                                               

[[Page 444]]


   Table 8--Limits of Effective Radiated Power (ERP) Corresponding to
    Antenna Heights Above Mean Sea Level of Base Stations in Region 5
------------------------------------------------------------------------
            Antenna height above mean sea level
------------------------------------------------------------  ERP watts
                Feet                         Meters           (maximum)
------------------------------------------------------------------------
0 to 1,650.........................  0 to 503..............          500
1,651 to 2,000.....................  504 to 609............          350
2,001 to 2,500.....................  610 to 762............          200
2,501 to 3,000.....................  763 to 914............          140
3,001 to 3,500.....................  915 to 1,066..........          100
3,501 to 4,000.....................  1,067 to 219..........           75
4,001 to 4,500.....................  1,220 to 1,371........           70
4,501 to 5,000.....................  1,372 to 1,523........           65
Above 5,000........................  Above 1,523...........            5
------------------------------------------------------------------------

    (3) The following frequency bands are available in each Region with 
the exception of those listed in Sec. 90.619(b)(5).

------------------------------------------------------------------------
              Region(s)                      Frequency bands (MHz)
------------------------------------------------------------------------
1, 4, 5, 6..........................  806.00-809.75/851.00-854.75 and
                                       817.25-821.00/862.25-866.00.
2...................................  806.00-808.25/851.00-853.25 and
                                       818.75-821.00/863.75-866.00.
3...................................  806.00-811.25/851.00-856.25 and
                                       815.75-821.00/860.75-866.00.
7, 8................................  806.00-821.00/851.00-866.00.
------------------------------------------------------------------------

    (4) Coordination with Canada will be required:
    (i) For frequencies in the 808.2625-809.7375/853.2625-854.7375 MHz 
and 817.2625-818.7375/862.2625-863.7375 MHz bands, for stations to be 
located in the geographical area in Region 1 enclosed by the United 
States border, the meridian 71 deg. W and the line beginning at the 
intersection of 44 deg.25'N, 71 deg. W, then running by great circle arc 
to the intersection of 45 deg. N, 70 deg. W, then North along meridian 
70 deg. W to the intersection of 45 deg.45'N, then running West along 
45 deg.45'N to the intersection of the United States--Canada border.
    (ii) For frequencies in the 808.2625-811.2375/853.2625-856.2375 MHz 
and 815.7625-818.7375/860.7625-863.7375 MHz bands, for stations to be 
located in the geographical area in Region 3 enclosed by the meridian 
81 deg. W longitude, the arc of a circle of 100 km radius centered at 
the intersection of 81 deg. W longitude and the northern shore of Lake 
Erie and drawn clockwise from the southerly intersection with 81 deg. W 
longitude to intersect the United States-Canada border, and the United 
States-Canada border.
    (5) Applicants requesting authorizations in the frequency bands in 
the geographical areas listed below shall submit documentation 
indicating compliance with the following protection criteria to the 
indicated Canadian television station. Protection to Canadian television 
assignments and allotments is based on the field strength of an 
interfering mobile radio signal at the TV station's calculated Grade B 
contour (64 dBu) not exceeding the TV field strength by more than 20 dB 
(i.e., 84 dBu). The field strength of the TV assignment or allotment is 
calculated using the R6602 [F(50,50)] propagation curves and any land 
mobile base station interfering signal is calculated using the R6602 
[F(50,10)] propagation curves at a receiving effective antenna height of 
9.1 meters (30 feet). Where the calculated field strength of the TV 
assignment or allotment exceeds the Grade B contour value of 64 dBu at 
the Canada/U.S.A. border, the land mobile radio signal may not exceed 
the actual calculated TV field strength at the border by more than 20 
dB.

----------------------------------------------------------------------------------------------------------------
            Frequency bands (MHz)                                            Areas
----------------------------------------------------------------------------------------------------------------
852-853.25 MHz (Cornwall--TV Channel 63).....  Area bounded by a line joining, clockwise, the following
                                                coordinates: starting at point 45 deg.00'00'' N. Lat., 74
                                                deg.38'00'' W. Long., moving east along the Canada/USA border to
                                                point 44 deg.59'30'' N. Lat., 74 deg.05'00'' W. Long., moving
                                                south west to point 44 deg.56'30'' N. Lat., 74 deg.08'00'' W.
                                                Long. moving west to point 45 deg.00'00'' N. Lat., 74
                                                deg.38'00'' W. Long.
                                               The second area is bounded by a line joining, clockwise, the
                                                following coordinates: 44 deg.50'30'' N. Lat., 75 deg.17'30'' W.
                                                Long., moving east along the Canada/USA border to point 44
                                                deg.55'30'' N. Lat., 75 deg.05'00'' W. Long., moving south to
                                                point 44 deg.55'00'' N. Lat., 75 deg.05'00'' W. Long., moving
                                                south west to point 44 deg.53'00'' N. Lat., 75 deg.06'30'' W.
                                                Long., moving south west to point 44 deg.48'30'' N. Lat., 75
                                                deg.14'30'' W. Long., and moving north west to point 44
                                                deg.50'30'' N. Lat., 75 deg.17'30'' W. Long.
852-854.75 MHz (Vancouver--TV Channel 63)....  Area bounded by a line joining, clockwise, the following
                                                coordinates: starting at point 49 deg.00'00'' N. Lat., 122
                                                deg.45'30'' W. Long., moving east along the Canada/USA border to
                                                point 49 deg.00'00'' N. Lat., 122 deg.05'00'' W. Long., moving
                                                south west to point 48 deg.57'30'' N. Lat., 122 deg.09'00'' W.
                                                Long., moving west to point 48 deg.59'00'' N. Lat., 122
                                                deg.44'30'' W. Long., and moving north to point 49 deg.00'00''
                                                N. Lat., 122 deg.45'30'' W. Long.
----------------------------------------------------------------------------------------------------------------


[[Page 445]]

    (6) [Reserved]
    (7) Frequencies in Regions 1-8 are designated in accordance with the 
following:
    (i) As shown in Sec. 90.613, mobile and control station transmitting 
frequencies will commence with Channel No. 1 at 806.0125 MHz, followed 
by Channel No. 2 at 806.0375 MHz and proceed with uniform 25 kHz spacing 
to the band end, with Channel No. 600 at 820.9875 MHz. Corresponding 
base station frequencies, separated by 45 MHz from the mobile control 
frequencies, will commence with Channel No. 1 at 851.0125 MHz and end 
with Channel No. 600 at 865.9875 MHz.
    (ii) Channels will be arranged into 5-channel groups. Because of the 
distribution and differing number of channels available for United 
States use in Regions 1-8, channel spacing between channels in a 5-
channel group vary as follows:

------------------------------------------------------------------------
                                                                Spacing
                                                                between
                                                   Number of   channels
                     Region                        5-channel    in a 5-
                                                    groups      channel
                                                                 group
                                                              (Channels)
------------------------------------------------------------------------
1, 4, 5, 6......................................          60          30
2...............................................          36          18
3...............................................        1 80          40
7, 8............................................         120          40
------------------------------------------------------------------------
1 Region 3 also has ten (10) contiguous channels in each of the two
  allocated sub-bands.

    (iii) The Public Safety Category consists of those entities eligible 
in the Public Safety Pool of subpart B of this part. The Industrial/Land 
Transportation Category consists of Power, Petroleum, Forest Products, 
Film and Video Production, Relay Press, Special Industrial, 
Manufacturers, Telephone Maintenance, Motor Carrier, Railroad, Taxicab, 
and Automobile Emergency licensees (as defined in Sec. 90.7). The 
Business Radio Category consists of those entities eligible in the 
Industrial/Business Pool of subpart C of this part. Specialized Mobile 
Radio Systems (SMRS) will not be authorized in any of the above 
mentioned categories, but only in the SMRS category to those applicants 
eligible under Sec. 90.603(c).
    (8) Tables 9, 10, 11, and 12 list the channels available in Regions 
1, 4, 5, and 6 for the categories of users indicated. Frequencies are 
given in Sec. 90.613.

              Table 9--Public Safety Category--85 Channels
                          [Regions 1, 4, 5, 6]
------------------------------------------------------------------------
                   Group No.                           Channel No.
------------------------------------------------------------------------
1..............................................           1-31-61-91-121
2..............................................           2-32-62-92-122
3..............................................           3-33-63-93-123
4..............................................           4-34-64-94-124
5..............................................           5-35-65-95-125
6..............................................           6-36-66-96-126
7..............................................           7-37-67-97-127
8..............................................           8-38-68-98-128
9..............................................           9-39-69-99-129
10.............................................         10-40-70-100-130
11.............................................         11-41-71-101-131
12.............................................         12-42-72-102-132
13.............................................         13-43-73-103-133
14.............................................         14-44-74-104-134
15.............................................         15-45-75-105-135
16.............................................         16-46-76-106-136
17.............................................         17-47-77-107-137
------------------------------------------------------------------------


     Table 10--Industrial/Land Transportation Category--60 Channels
                          [Regions 1, 4, 5, 6]
------------------------------------------------------------------------
                   Group No.                           Channel No.
------------------------------------------------------------------------
18.............................................         18-48-78-108-138
19.............................................         19-49-79-109-139
20.............................................         20-50-80-110-140
21.............................................         21-51-81-111-141
22.............................................         22-52-82-112-142
23.............................................         23-53-83-113-143
24.............................................         24-54-84-114-144
25.............................................         25-55-85-115-145
26.............................................         26-56-86-116-146
27.............................................         27-57-87-117-147
28.............................................         28-58-88-118-148
29.............................................         29-59-89-119-149
------------------------------------------------------------------------


                Table 11--Business Category--60 Channels
                          [Regions 1, 4, 5, 6]
------------------------------------------------------------------------
                   Group No.                           Channel No.
------------------------------------------------------------------------
451............................................      451-481-511-541-571
452............................................      452-482-512-542-572
453............................................      453-483-513-543-573
454............................................      454-484-514-544-574
455............................................      455-485-515-545-575
456............................................      456-486-516-546-576
457............................................      457-487-517-547-577
458............................................      458-488-518-548-578
459............................................      459-489-519-549-579
460............................................      460-490-520-550-580
461............................................      461-491-521-551-581
462............................................      462-492-522-552-582
------------------------------------------------------------------------


            Table 12--SMR and General Categories--95 Channels
                          (Regions 1, 4, 5, 6)
------------------------------------------------------------------------
                                             Spectrum block Channel Nos.
------------------------------------------------------------------------
                   EA-Based SMR Category (90 Channels)
------------------------------------------------------------------------
A.........................................  None.

[[Page 446]]

 
B.........................................  463 through 480.
C.........................................  493 through 510, 523 through
                                             540, 553 through 570, 583
                                             through 600.
------------------------------------------------------------------------
                      General Category (5 Channels)
------------------------------------------------------------------------
G through V...............................  None.
D.........................................  30.
E.........................................  60 and 90.
F.........................................  120 and 150.
------------------------------------------------------------------------

    (9) Tables 13, 14 15, and 16 list the frequencies available in 
Region 2 for the categories of users indicated.

              Table 13--Public Safety Category--50 Channels
                               [Region 2]
------------------------------------------------------------------------
                   Group No.                           Channel Nos.
------------------------------------------------------------------------
1..............................................            1-19-37-55-73
2..............................................            2-20-38-56-74
3..............................................            3-21-39-57-75
4..............................................            4-22-40-58-76
5..............................................            5-23-41-59-77
6..............................................            6-24-42-60-78
7..............................................            7-25-43-61-79
8..............................................            8-26-44-62-80
9..............................................            9-27-45-63-81
10.............................................           10-28-46-64-82
------------------------------------------------------------------------


     Table 14--Industrial/Land Transportation Category--35 Channels
                               [Region 2]
------------------------------------------------------------------------
                   Group No.                           Channel Nos.
------------------------------------------------------------------------
11.............................................           11-29-47-65-83
12.............................................           12-30-48-66-84
13.............................................           13-31-49-67-85
14.............................................           14-32-50-68-86
15.............................................           15-33-51-69-87
16.............................................           16-34-52-70-88
17.............................................           17-35-53-71-89
------------------------------------------------------------------------


                Table 15--Business Category--35 Channels
                               [Region 2]
------------------------------------------------------------------------
                   Group No.                           Channel Nos.
------------------------------------------------------------------------
511............................................      511-529-547-565-583
512............................................      512-530-548-566-584
513............................................      513-531-549-567-585
514............................................      514-532-550-568-586
515............................................      515-533-551-569-587
516............................................      516-534-552-570-588
517............................................      517-535-553-571-589
------------------------------------------------------------------------


            Table 16--SMR and General Categories--60 Channels
                               (Region 2)
------------------------------------------------------------------------
              Spectrum block                        Channel Nos.
------------------------------------------------------------------------
                       SMR Category (55 Channels)
------------------------------------------------------------------------
A.........................................  None.
B.........................................  None.
C.........................................  518 through 528, 536 through
                                             546, 554 through 564, 572
                                             through 582, 590 through
                                             600.
G through V...............................  None.
------------------------------------------------------------------------
                      General Category (5 Channels)
------------------------------------------------------------------------
D 18 and 36...............................
E.........................................  54-72-90.
F.........................................  None.
------------------------------------------------------------------------

    (10) Tables 17, 18, 19, and 20 list the frequencies available in 
Region 3 for the categories of users indicated.

                  Table 17--Public Safety--115 Channels
                               [Region 3]
------------------------------------------------------------------------
                   Group No.                           Channel Nos.
------------------------------------------------------------------------
1..............................................          1-41-81-121-161
2..............................................          2-42-82-122-162
3..............................................          3-43-83-123-163
4..............................................          4-44-84-124-164
5..............................................          5-45-85-125-165
6..............................................          6-46-86-126-166
7..............................................          7-47-87-127-167
8..............................................          8-48-88-128-168
9..............................................          9-49-89-129-169
10.............................................         10-50-90-130-170
11.............................................         11-51-91-131-171
12.............................................         12-52-92-132-172
13.............................................         13-53-93-133-173
14.............................................         14-54-94-134-174
15.............................................         15-55-95-135-175
16.............................................         16-56-96-136-176
17.............................................         17-57-97-137-177
18.............................................         18-58-98-138-178
19.............................................         19-59-99-139-179
20.............................................        20-60-100-140-180
21.............................................        21-61-101-141-181
22.............................................        22-62-102-142-182
Contiguous channels............................  201, 202, 203, 204, 205
------------------------------------------------------------------------


     Table 18--Industrial/Land Transportation Category--85 Channels
                               [Region 3]
------------------------------------------------------------------------
                   Group No.                           Channel Nos.
------------------------------------------------------------------------
23.............................................        23-63-103-143-183
24.............................................        24-64-104-144-184
25.............................................        25-65-105-145-185
26.............................................        26-66-106-146-186
27.............................................        27-67-107-147-187
28.............................................        28-68-108-148-188
29.............................................        29-69-109-149-189
30.............................................        30-70-110-150-190
31.............................................        31-71-111-151-191
32.............................................        32-72-112-152-192
33.............................................        33-73-113-153-193
34.............................................        34-74-114-154-194

[[Page 447]]

 
35.............................................        35-75-115-155-195
36.............................................        36-76-116-156-196
37.............................................        37-77-117-157-197
Contiguous channels............................      391, 392, 393, 394,
                                                                    395,
                                                 396, 397, 398, 399, 400
------------------------------------------------------------------------


                Table 19--Business Category--85 Channels
                               [Region 3]
------------------------------------------------------------------------
                   Group No.                           Channel Nos.
------------------------------------------------------------------------
401............................................      401-441-481-521-561
402............................................      402-442-482-522-562
403............................................      403-443-483-523-563
404............................................      404-444-484-524-564
405............................................      405-445-485-525-565
406............................................      406-446-486-526-566
407............................................      407-447-487-527-567
408............................................      408-448-488-528-568
409............................................      409-449-489-529-569
410............................................      410-450-490-530-570
411............................................      411-451-491-531-571
412............................................      412-452-492-532-572
413............................................      413-453-493-533-573
414............................................      414-454-494-534-574
415............................................      415-455-495-535-575
416............................................      416-456-496-536-576
Contiguous channels............................  206, 207, 208, 209, 210
------------------------------------------------------------------------


           Table 20--SMR and General Categories (135 Channels)
                               (Region 3)
------------------------------------------------------------------------
              Spectrum block                        Channel Nos.
------------------------------------------------------------------------
                       SMR Category (120 Channels)
------------------------------------------------------------------------
A.........................................  417 through 420.
B.........................................  421 through 440, 457 through
                                             480.
C.........................................  497 through 520, 537 through
                                             560, 577 through 600.
------------------------------------------------------------------------
                     General Category (15 Channels)
------------------------------------------------------------------------
G through V...............................  None.
D.........................................  38-39-40-158-159.
E.........................................  78-79-80-160-198.
F.........................................  118-119-120-199-200.
------------------------------------------------------------------------

    (11) Tables 21, 22, 23, and 24 list the frequencies available in 
Regions 7 and 8 for the categories of users indicated.

      Table 21--(Regions 7, 8) Public Safety Category--170 Channels
------------------------------------------------------------------------
                   Group No.                           Channel Nos.
------------------------------------------------------------------------
1..............................................          1-41-81-121-161
2..............................................          2-42-82-122-162
3..............................................          3-43-83-123-163
4..............................................          4-44-84-124-164
5..............................................          5-45-85-125-165
6..............................................          6-46-86-126-166
7..............................................          7-47-87-127-167
8..............................................          8-48-88-128-168
9..............................................          9-49-89-129-169
10.............................................         10-50-90-130-170
11.............................................         11-51-91-131-171
12.............................................         12-52-92-132-172
13.............................................         13-53-93-133-173
14.............................................         14-54-94-134-174
15.............................................         15-55-95-135-175
16.............................................         16-56-96-136-176
17.............................................         17-57-97-137-177
18.............................................         18-58-98-138-178
19.............................................         19-59-99-139-179
20.............................................        20-60-100-140-180
21.............................................        21-61-101-141-181
22.............................................        22-62-102-142-182
23.............................................        23-63-103-143-183
24.............................................        24-64-104-144-184
25.............................................        25-65-105-145-185
26.............................................        26-66-106-146-186
27.............................................        27-67-107-147-187
28.............................................        28-68-108-148-188
29.............................................        29-69-109-149-189
30.............................................        30-70-110-150-190
31.............................................        31-71-111-151-191
32.............................................        32-72-112-152-192
33.............................................        33-73-113-153-193
34.............................................        34-74-114-154-194
------------------------------------------------------------------------


  Table 22--(Regions 7, 8) Industrial/Land Transportation Category--120
                                Channels
------------------------------------------------------------------------
                   Group No.                           Channel Nos.
------------------------------------------------------------------------
201............................................      201-241-281-321-361
202............................................      202-242-282-322-362
203............................................      203-243-283-323-363
204............................................      204-244-284-324-364
205............................................      205-245-285-325-365
206............................................      206-246-286-326-366
207............................................      207-247-287-327-367
208............................................      208-248-288-328-368
209............................................      209-249-289-329-369
210............................................      210-250-290-330-370
211............................................      211-251-291-331-371
212............................................      212-252-292-332-372
213............................................      213-253-293-333-373
214............................................      214-254-294-334-374
215............................................      215-255-295-335-375
216............................................      216-256-296-336-376
217............................................      217-257-297-337-377
218............................................      218-258-298-338-378
219............................................      219-259-299-339-379
220............................................      220-260-300-340-380
221............................................      221-261-301-341-381
222............................................      222-262-302-342-382
223............................................      223-263-303-343-383
224............................................      224-264-304-344-384
------------------------------------------------------------------------


        Table 23--(Regions 7, 8) Business Category--120 Channels
------------------------------------------------------------------------
                   Group No.                           Channel Nos.
------------------------------------------------------------------------
401............................................      401-441-481-521-561
402............................................      402-442-482-522-562
403............................................      403-443-483-523-563
404............................................      404-444-484-524-564

[[Page 448]]

 
405............................................      405-445-485-525-565
406............................................      406-446-486-526-566
407............................................      407-447-487-527-567
408............................................      408-448-488-528-568
409............................................      409-449-489-529-569
410............................................      410-450-490-530-570
411............................................      411-451-491-531-571
412............................................      412-452-492-532-572
413............................................      413-453-493-533-573
414............................................      414-454-494-534-574
415............................................      415-455-495-535-575
416............................................      416-456-496-536-576
417............................................      417-457-497-537-577
418............................................      418-458-498-538-578
419............................................      419-459-499-539-579
420............................................      420-460-500-540-580
421............................................      421-461-501-541-581
422............................................      422-462-502-542-582
423............................................      423-463-503-543-583
424............................................      424-464-504-544-584
------------------------------------------------------------------------


    Table 24--(Regions 7, 8) SMR and General Categories--190 Channels
------------------------------------------------------------------------
              Spectrum block                        Channel Nos.
------------------------------------------------------------------------
                       SMR Category (172 Channels)
------------------------------------------------------------------------
A.........................................  389 through 400
B.........................................  425 through 440, 465 through
                                             480
C.........................................  505 through 520, 545 through
                                             560, 585 through 600
G.........................................  155-229-269-309-349
H.........................................  156-230-270-310-350
I.........................................  157-231-271-311-351
J.........................................  158-232-272-312-352
K.........................................  159-233-273-313-353
L.........................................  160-234-274-314-354
M.........................................  195-235-275-315-355
N.........................................  196-236-276-316-356
O.........................................  197-237-277-317-357
P.........................................  198-238-278-318-358
Q.........................................  199-239-279-319-359
R.........................................  200-240-280-320-360
S.........................................  225-265-305-345-385
T.........................................  226-266-306-346-386
U.........................................  227-267-307-347-387
V.........................................  228-268-308-348-388
------------------------------------------------------------------------
                     General Category (18 Channels)
------------------------------------------------------------------------
D.........................................  35 through 40
E.........................................  75 through 80
F.........................................  115 through 120
------------------------------------------------------------------------

    (c) Use of frequencies in the 821-824/866-869 MHz band (Channels 
601-830) in the U.S./Canada border area. The following criteria shall 
govern the assignment of frequency pairs (channels) in the 821-824/866-
869 MHz band for stations located in the U.S./Canada border area. They 
are available for assignments for conventional or trunked systems in 
accordance with applicable sections of this subpart and the Report and 
Order in Gen. Docket No. 87-112. They are not available for 
intercategory sharing.
    (1) Channels 601-830, as listed in Sec. 90.613 table of 806-824/851-
869 MHz Channel Designations, are available to eligible applicants in 
the Public Safety Category for use in the U.S./Canada border area as 
shown in table 25. Additionally, Channels 601, 639, 677, 715, and 753 
are available in all regions only for mutual aid purposes.

 Table 25--Channels in the 821-824/866-869 MHz Frequency Bands Available
                     in the U.S./Canada Border Area
------------------------------------------------------------------------
         Region                   Location (longitude)          Channels
------------------------------------------------------------------------
1......................  66 deg. W-71 deg. W (0-100 km from      715-830
                          border).
2......................  71 deg. W-80 deg.30' W (0-100 km from   760-830
                          border).
3......................  80 deg.30' W-85 deg. W (0-100 km from   636-830
                          border).
4......................  85 deg. W-121 deg.30' W (0-100 km       715-830
                          from border).
5......................  121 deg.30' W-127 deg. W (0-140 km      715-830
                          from border).
6......................  127 deg. W-143 deg. W (0-100 km from    715-830
                          border).
7......................  66 deg. W-121 deg.30' W (100-140 km     601-830
                          from border).
8......................  127 deg. W-143 deg. W (100-140 km       601-830
                          from border).
------------------------------------------------------------------------
Note: For assignments in the 821-824/866-869 MHz bands, the cities of
  Akron, Ohio (41 deg.05'00'' N, 81 deg.30'40'' W) and Youngstown, Ohio
  (41 deg.05'57'' N, 80 deg.39'02'' W) are considered outside of Region
  3, and Syracuse, New York (43 deg.03'04'' N, 76 deg.09'14'' W) is
  considered outside of Region 2. These cities are defined as an area
  with the given center coordinates and encompassing a circle of 30 km
  radius.

    (2) All frequency assignments made pursuant to paragraph (c)(1) of 
this section shall comply with the requirements of Sec. 90.619(b)(2).
    (3) In Region 5, Channels 601-714 may be authorized in the United 
States under the following conditions:
    (i) An assignment may be made if the predicted power flux density 
(PFD) of a proposed station's signal does not exceed -107 dBW/m \2\ at 
the border. The prediction of the PFD is calculated based upon a 
modified Longley-Rice point-to-point propagation model with time and 
location variabilities of 10

[[Page 449]]

percent \1\ and 3-second digitized terrain data.\2\
---------------------------------------------------------------------------

    \1\ G.A. Hufford, A.G. Longley, and W.A. Kissick, A guide to the use 
of the ITS irregular terrain model in the area prediction mode, NTIA 
Report 82-100. (Available from U.S. Department of Commerce, National 
Technical and Information Service (NTIS), Springfield, VA 22161. 
Accession number PB-217977.)
    A.G. Longley and P.L. Rice, Prediction of tropospheric radio 
transmission loss over irregular terrain--a computer method 1968, ESSA 
Technical Report ERL 79-ITS 67. (Available from NTIS, Assession number 
AD-676-874.)
    P.L. Rice, A.G. Longley, K.A. Norton, and A.P. Barsis, Transmission 
loss predictions for tropospheric communication circuits, National 
Bureau of Standards Technical Note 101, Volumes I and II. (Available 
from NTIS, Assession numbers AD-687-820 and AD-687-821.)
    \2\ Level 1-Digital Terrain Elevation Data, United States Defense 
Mapping Agency. (Available from National Cartographic Information 
Center, U.S. Geological Survey, 507 National Center, Reston, VA 22092 as 
Digital Elevation Model Data in 1 deg. x 1 deg. units. Two of these 
units are required to cover each 1 deg. x 2 deg. map (1:250,000-scale 
quadrangle) from which the data were produced.
---------------------------------------------------------------------------

    (ii) Authorizations for Channels 601-714 in Region 5 are secondary 
to Canadian operations and conditioned to require that licensees take 
immediate action to eliminate any harmful interference resulting from 
the station's transmitted signal exceeding -107 dBW/m \2\ at or beyond 
the U.S./Canada border.
    (4) Channel assignments for stations to be located in the 
geographical area in Region 1 enclosed by the Unites States-Canada 
border, the meridian 71 deg.W and the line beginning at the intersection 
of 44 deg.25' N, 71 deg. W, then-running by great circle arc to the 
intersection of 45 deg. N, 70 deg. W, then North along meridian 70 deg. 
W to the intersection of 45 deg.45' N, then running West along 
45 deg.45' N to the intersection of the United States-Canada border, 
will be only for even numbered channels beginning with Channel 716 and 
ending with Channel 758.
    (5) Channel assignments for stations to be located in the 
geographical area in Region 3 enclosed by the meridian 81 deg. W 
longitude, the arc of a circle of 100 km radius centered at 
42 deg.39'30'' N latitude 81 deg. W longitude at the northern shore of 
Lake Erie and drawn clockwise from the southerly intersection with 
80 deg.30' W longitude to intersect the United States-Canada border West 
of 81 deg. W, and the United States-Canada border, will be only for even 
numbered channels beginning with Channel 636 and ending with Channel 
758. Coordination with Canada will be required for these channels. U.S. 
stations must protect Canadian stations operating on channels 636 
through 758 within an area of 30 km radius from the center city 
coordinates of London, Ontario (42 deg.59' N, 81 deg.14' W).
    (6) Additional channels available.--The channels listed in table 26 
are available for assignment in Regions 1-6 if the maximum power flux 
density (PFD) of the station's transmitted signal does not exceed the 
limits specified in tables 27 and 28. The spreading loss shall be 
calculated using the free space formula taking into account an antenna 
discrimination in the direction of the border.

                 Table 26--Additional Channels Available
                              [Regions 1-6]
------------------------------------------------------------------------
                                     Channel
              Region                  No.'s     Effective radiated power
------------------------------------------------------------------------
1................................     601-714  See Table 29
2................................     601-759  See Table 29
3................................     601-635  See Table 29
4................................     601-714  See Table 29
5................................     601-714  See Table 30
6................................     601-714  See Table 29
------------------------------------------------------------------------

    Authorizations for stations using these channels will be secondary 
to Canadian operations and conditioned to require that licensees take 
immediate action to eliminate any harmful interference resulting from 
the station's transmitted signal exceeding the values specified in 
tables 29 or 30 at or beyond the U.S./Canada border.
    (d) Use of frequencies in the 896-901/935-940 MHz band (Channels 1-
399) in the U.S./Canada border area. The following criteria shall govern 
the assignment of frequency pairs (channels) in the 896-901/935-940 MHz 
band for stations located in the U.S./Canada border area. They are 
available for assignments for conventional or trunked systems in 
accordance with applicable sections of this subpart.
    (1) Channels 1-399, as listed in Sec. 90.613 table of 896-901/935-
940 MHz Channel Designations, are available to eligible

[[Page 450]]

applicants for use in the U.S./Canada border area as shown in table 27. 
Additionally, Channels 71, 75, 79, 151, 155, and 159 are available in 
all regions only for implementation of an Advanced Train Control System 
as defined in 3 FCC Rcd 427 (1988) (Advanced Train Control Waiver).

 Table 27--Channels in the 896-901/935-940 MHz Frequency Bands Available
                     in the U.S./Canada Border Area
------------------------------------------------------------------------
         Region                   Location (longitude)          Channels
------------------------------------------------------------------------
1......................  66 deg. W-71 deg. W. (0-100 km from      1-200,
                          border).                              398, 399
2......................  71 deg. W-80 deg.30' W (0-100 km from     1-120
                          border).
3......................  80 deg.30' W-85 deg. W (0-100 km from     1-340
                          border).
4......................  85 deg. W-121 deg.30' W (0-100 km        1-200,
                          from border).                         398, 399
5......................  121 deg.30' W-127 deg. W (0-140 km       1-200,
                          from border).                         398, 399
6......................  127 deg. W-143 deg. W (0-100 km from     1-200,
                          border).                              398, 399
7......................  66 deg. W-121 deg.30' W (100-140 km       1-399
                          from border).
8......................  127 deg. W-143 deg. W (100-140 km         1-399
                          from border).
------------------------------------------------------------------------
Note: For assignments in the 896-901/935-940 MHz bands, the cities of
  Akron, Ohio (41 deg.05'00'' N, 81 deg.30'40'' W) and Youngstown, Ohio
  (41 deg.05'57'' N, 80 deg.39'02'' W) are considered outside of Region
  3, and Syracuse, New York (43 deg.03'04'' N, 76 deg.09'14'' W) is
  considered outside of Region 2. These cities are defined as an area
  with the given center coordinates and encompassing a circle of 30 km
  radius.

    (2) All frequency assignments made pursuant to paragraph (d)(1) of 
this section shall comply with the requirements of Sec. 90.619(b)(2).
    (3) In Region 5, Channels 201-397 may be authorized in the United 
States under the following conditions:
    (i) An assignment may be made if the predicted power flux density 
(PFD) of a proposed station's signal does not exceed -107 dBW/
m2 at the border. The prediction of the PFD is calculated 
based upon a modified Longley-Rice point-to-point propagation model with 
time and location variabilities of 10 percent\3\ and 3-second digitized 
terrain date\4\.
---------------------------------------------------------------------------

    \3\ See note 1, paragraph (c) of this section.
    \4\ See note 2, paragraph (c) of this section.
---------------------------------------------------------------------------

    (ii) Authorizations for Channels 201-397 in Region 5 are secondary 
to Canadian operations and conditioned to require that licensees take 
immediate action to eliminate any harmful interference resulting from 
the station's transmitted signal exceeding -107 dBW/m2 at or 
beyond the U.S./Canada border.
    (4) Channel assignments for stations to be located in the 
geographical area in Region 1 enclosed by the United States-Canada 
border, the meridian 71 deg. W and the line beginning at the 
intersection of 44 deg.25' N, 71 deg. W, then running by great circle 
arc to the intersection of 45 deg. N, 70 deg. W, then North along 
meridian 70 deg. W to the intersection of 45 deg.45' N, then running 
West along 45 deg.45' N to the intersection of the United States-Canada 
border, will be only for channels 121 through 160, inclusive, and will 
be limited to assignments with 11 kHz or less necessary bandwidth. 
Coordination with Canada will be required for these channels.
    (5) Channel assignments for stations to be located in the 
geographical area in Region 3 enclosed by the meridian of 81 deg. W 
longitude, the arc of a circle of 100 km radius centered at 
42 deg.39'30'' N latitude and 81 deg. W longitude at the northern shore 
of Lake Erie and drawn clockwise from the southerly intersection with 
80 deg.30' W longitude to intersect the United States-Canada border West 
of 81 deg. W, and the United States-Canada border, will be only for 
channels 121 through 230, inclusive, and will be limited to assignments 
with 11 kHz or less necessary bandwidth. Coordination with Canada will 
be required for these channels. U.S. stations must protect Canadian 
stations operating on channels 121 through 230 within an area of 30 km 
radius from the center city coordinates of London, Ontario (42 deg.59' 
N, 81 deg. 14' W).
    (6) Additional channels available--The channels listed in table 28 
are available for assignment in Regions 1-6 if the maximum power flux 
density (PFD) of the station's transmitted signal does not exceed the 
limits specified in tables 29 and 30. The spreading loss shall be 
calculated using the free space formula taking into account any antenna 
discrimination in the direction of the border.

[[Page 451]]



                 Table 28--Additional Channels Available
                              [Regions 1-6]
------------------------------------------------------------------------
                                     Channel
              Region                  No.'s     Effective radiated power
------------------------------------------------------------------------
1................................     201-397  See Table 29
2................................     121-399  See Table 29
3................................     341-399  See Table 29
4................................     201-397  See Table 29
5................................     201-397  See Table 30
6................................     201-397  See Table 29
------------------------------------------------------------------------

    Authorizations for stations using these channels will be secondary 
to Canadian operations and conditioned to require that licensees take 
immediate action to eliminate any harmful interference resulting from 
the station's transmitted signal exceeding the values specified in 
tables 29 or 30 at or beyond the U.S./Canada border.

  Table 29--Maximum Power Flux Density (PFD) at the U.S./Canada Border
                Corresponding to Effective Antenna Height
                       [Regions 1, 2, 3, 4, and 6]
------------------------------------------------------------------------
              Effective antenna height (EAH)
-----------------------------------------------------------  PFD (dBW/m
                Feet                         Meters             \2\)
------------------------------------------------------------------------
0-500..............................  0-152................           -84
501-1000...........................  153-305..............           -90
1001-1500..........................  306-457..............           -95
1501-2000..........................  458-609..............           -98
2001-2500..........................  610-762..............          -101
2501-3000..........................  763-914..............          -101
3001-3500..........................  915-1066.............          -103
3501-4000..........................  1067-1219............          -104
Above 4000.........................  Above 1219...........          -104
------------------------------------------------------------------------


  Table 30--Maximum Power Flux Density (PFD) at the U.S./Canada Border
          Corresponding to Antenna Height Above Mean Sea Level
                               [Region 5]
------------------------------------------------------------------------
            Antenna height above mean sea level
-----------------------------------------------------------  PFD (dBW/m
                Feet                         Meters             \2\)
------------------------------------------------------------------------
0-1650.............................  0-503................         -87.0
1651-2000..........................  504-609..............         -88.5
2001-2500..........................  610-762..............         -91.0
2501-3000..........................  763-914..............         -92.5
3001-3500..........................  915-1066.............         -94.0
3501-4000..........................  1067-1219............         -95.0
4001-4500..........................  1220-1371............         -95.5
4501-5000..........................  1372-1523............         -96.0
Above 5000.........................  Above 1523...........        -107.0
------------------------------------------------------------------------

(Secs. 4(i) and 303, Communications Act, as amended, and 5 U.S.C. 553 
(b)(3)(B) and (d)(1))

[47 FR 41032, Sept. 16, 1982; 47 FR 41045, Sept. 16, 1982; 47 FR 51883, 
Nov. 18, 1982, as amended at 48 FR 51928, Nov. 15, 1983; 49 FR 22094, 
May 25, 1984; 50 FR 12261, Mar. 28, 1985; 52 FR 3662, Feb. 5, 1987; 55 
FR 42571, Oct. 22, 1990; 56 FR 41469, Aug. 21, 1991; 57 FR 55146, Nov. 
24, 1992; 58 FR 31476, June 3, 1993; 58 FR 44963, Aug. 25, 1993; 59 FR 
31558, June 20, 1994; 60 FR 48918, Sept. 21, 1995; 61 FR 6156, Feb. 16, 
1996; 61 FR 6577, Feb. 21, 1996; 62 FR 18935, Apr. 17, 1997; 62 FR 
41214, July 31, 1997]



Sec. 90.621  Selection and assignment of frequencies.

    (a) Applicants for frequencies in the Public Safety, Industrial/Land 
Transportation, and Business Categories must specify on the application 
the frequencies on which the proposed system will operate pursuant to a 
recommendation by the applicable frequency coordinator. Applicants for 
frequencies in the SMR Category must request specific frequencies by 
including in their applications the frequencies requested.
    (1) For trunked systems, the assignment of frequencies will be made 
in accordance with applicable loading criteria and in accordance with 
the following:
    (i) Channels will be chosen and assigned in accordance with 
Secs. 90.615, 90.617, or 90.619.
    (ii) A mobile station is authorized to transmit on any frequency 
assigned to its associated base station.
    (iii) There are no limitations on the number of frequencies that may 
be trunked. Authorizations for non-SMR stations may be granted for up to 
20 trunked frequency pairs at a time in accordance with the frequencies 
listed in Secs. 90.615, 90.617, and 90.619.
    (2) For conventional systems the assignment of frequencies will be 
made in accordance with applicable loading criteria. Accordingly, 
depending upon the number of mobile units to be served, an applicant may 
either be required to share a channel, or, if an applicant shows a 
sufficient number of mobile units to warrant the assignment of one or 
more channels for its exclusive use, it may be licensed to use such 
channel or channels on an unshared basis in the area of operation 
specified in its application.

[[Page 452]]

    (i) Channels will be chosen and assigned in accordance with 
Secs. 90.615, 90.617, or 90.619.
    (ii) A mobile station is authorized to transmit on any frequency 
assigned to its associated base station.
    (b) Stations authorized on frequencies listed in this subpart, 
except for those stations authorized pursuant to paragraph (g) of this 
section and EA-based and MTA-based SMR systems, will be afforded 
protection solely on the basis of fixed distance separation criteria. 
For Channel Blocks A, through V, as set forth in Sec. 90.917(d), the 
separation between co-channel systems will be a minimum of 113 km (70 
mi) with one exception. For incumbent licensees in Channel Blocks D 
through V, that have received the consent of all affected parties to 
utilize an 18 dBV/m signal strength interference contour (see 
Sec. 90.693), the separation between co-channel systems will be a 
minimum of 173 km (107 mi). The following exceptions to these 
separations shall apply:
    (1) Except as indicated in paragraph (b)(4) of this section, no 
station in Channel Blocks A through V shall be less than 169 km (105 mi) 
distant from a co-channel station that has been granted channel 
exclusivity and authorized 1 kW ERP on any of the following mountaintop 
sites: Santiago Peak, Sierra Peak, Mount Lukens, Mount Wilson 
(California). Except as indicated in paragraph (b)(4) of this section, 
no incumbent licensee in Channel Blocks D through V that have received 
the consent of all affected parties to utilize an 18 dBV/m 
signal strength interference contour shall be less than 229 km (142 mi) 
distant from a co-channel station that has been granted channel 
exclusivity and authorized 1 kW ERP on any of the following mountaintop 
sites: Santiago Peak, Sierra Peak, Mount Lukens, Mount Wilson 
(California).
    (2) The separation between co-channel stations that have been 
granted exclusivity and that are located at high sites in California 
north of 35 deg. N Latitude and west of 118 deg. W Longitude shall be 
determined as follows:
    (i) Required co-channel separations between common antenna sites are 
given by table 1. A channel group assigned to a station on a site listed 
in the vertical column may not be re-assigned to a station on a site 
listed in the horizontal column if there is an ``X'' in the box created 
by the intersection of the vertical and horizontal lines. The geographic 
coordinates listed in the table represent an average for each particular 
site; all locations within 1.6 km (1 mi) of the coordinates will be 
considered to be at that site.
    (ii) Required co-channel separations involving antenna sites not 
listed in table 1 shall be determined by Commission staff on a case by 
case basis. The interference potential of proposed assignments will be 
evaluated considering parameters such as antenna height, effective 
radiated power, terrain irregularities, and market conditions.

  

[[Page 453]]

[GRAPHIC] [TIFF OMITTED] TC02AP91.013

    (3) Except as indicated in paragraph (b)(4) of this section, 
stations in Channel Blocks A through V that have been granted channel 
exclusivity and are located in the State of Washington at the locations 
listed below shall be separated from co-channel stations by a minimum of 
169 km (105 mi). Except as indicated in paragraph (b)(4) of this 
section, incumbent licensees in Channel Blocks D through V that have 
received the consent of all affected parties to utilize an 18 
dBV/m signal strength interference contour, have been granted 
channel exclusivity and are located in the State of Washington at the 
locations listed below shall be separated from co-channel stations by a 
minimum of 229 km (142 mi). Locations within one mile of the 
geographical coordinates listed in the table below will be considered to 
be at that site.

[[Page 454]]



------------------------------------------------------------------------
                                                    North        West
                   Site name                      latitude    longitude
------------------------------------------------------------------------
Mount Constitution.............................    48-40-48    122-50-24
Lyman Mountain.................................    48-35-42    122-09-35
Cultus Mountain................................    48-25-31    122-08-54
Gunsite Ridge..................................    48-03-23    121-51-37
Gold Mountain..................................    47-32-52    122-46-52
Buck Mountain..................................    47-47-06    122-59-30
Cougar Mountain................................    47-32-40    122-06-30
Squak Mountain.................................    47-30-15    122-03-30
Tiger Mountain.................................    47-30-14    121-58-28
Devils Mountain................................    48-21-53    122-16-02
McDonald Mountain..............................    47-20-12    122-51-26
Maynard Hill...................................    48-00-59    122-55-31
North Mountain.................................    47-19-08    123-20-44
Green Mountain.................................    47-33-41    122-48-27
Capitol Peak...................................    46-58-22    123-08-17
Rattlesnake Mountain...........................    47-28-10    121-49-13
Three Sisters Mountain.........................    47-07-20    121-53-30
Grass Mountain.................................    47-12-15    121-47-38
Spar Pole Hill.................................    47-02-52    122-08-35
------------------------------------------------------------------------

    (4) Upon an applicant's specific request to the Commission or a 
frequency coordinator, co-channel stations may be separated by less than 
113 km (70 mi) by meeting certain transmitter ERP and antenna height 
criteria. The following table indicates separations assignable to such 
co-channel stations for various transmitter power and antenna height 
combinations. The minimum separation permitted is 88 km (55 mi). 
Applicants will provide the Commission with a statement that the 
application is submitted for consideration under the table, a list of 
all co-channel stations within 113 km (70 mi), and the DHAATs and ERPs 
for these stations and the applicant's proposed station. Applicants 
seeking to be licensed for stations located at distances less than those 
prescribed in the table are required to secure a waiver and must submit 
with the application, in addition to the above, an interference 
analysis, based upon any of the generally-accepted terrain-based 
propagation models, that shows that co-channel stations would receive 
the same or greater interference protection than provided in the table. 
Requests for separations less than 88 km (55 mi) must also include an 
analysis of interference potential from mobile transmitters to existing 
co-channel base station receivers. Applicants seeking a waiver must 
submit with their application a certificate of service indicating that 
concurrent with the submission of the application to the Commission or a 
coordinator, all co-channel licensees within the applicable area were 
served with a copy of the application and all attachments thereto. 
Licensees thus served may file an opposition to the application within 
30 days from the date the application is filed with the Commission.
    (i) The directional height of the antenna above average terrain 
(DHAAT) is calculated from the average of the antenna heights above 
average terrain from 3 to 16 km (2 to 10 mi) from the proposed site 
along a radial extending in the direction of the existing station and 
the radials 15 degrees to either side of that radial.
    (ii) Except for the sites listed in paragraphs (b)(1), (b)(2), and 
(b)(3) of this section, additional co-channel distance separation must 
be afforded to an existing station from an applicant wishing to locate a 
station less than 113 km (70 mi) from a co-channel station, where either 
the applicant's or the existing station is located at sites with DHAATs 
of 458 m (1500 ft) and above. The separation between short-spaced co-
channel stations shall be determined as follows:
    (A) Calculate the DHAAT in each direction between every existing co-
channel station with 113 km (70 mi) and the proposed station.
    (B) In the table, locate the approximate ERP and DHAAT values for 
the proposed and existing stations.
    (C) When DHAAT values are greater than 458 m (1500 ft), use the 
required separation for 305 m (1000 ft) and add 1.6 km (1 mi) for every 
30.5 km (100 ft), or increment thereof, of DHAAT above 458 m (1500 ft) 
to the distance indicated in the table. If both the proposed existing 
stations have DHAATs of 458 m (1500 ft) or more, the additional distance 
is separately determined for each station and the combined distance is 
added to the distance obtained from the table. Protection to existing 
stations will be afforded only up to 113 km (70 mi).

[[Page 455]]



                                         Short-Spacing Separation Table
----------------------------------------------------------------------------------------------------------------
                                                                 Distance between stations (km) 1,2
                                                  --------------------------------------------------------------
    Proposed station ERP (watts)/DHAAT(m) \3\                   Existing station DHAAT (meters) \3\
                                                  --------------------------------------------------------------
                                                     305      215      150      108       75       54       37
----------------------------------------------------------------------------------------------------------------
1000/305.........................................      113      113      113      113      113      113      113
1000/215.........................................      113      113      113      113      113      113      110
1000/150.........................................      113      113      113      113      112      108      103
1000/108.........................................      113      113      113      110      107      103       98
1000/75..........................................      113      112      108      103      100       96       91
1000/54..........................................      113      109      105      100       97       93       88
1000/37..........................................      109      104      100       95       92       88       88
500/305..........................................      113      113      113      113      113      113      110
500/215..........................................      113      113      113      112      109      105      100
500/150..........................................      113      112      108      103      100       96       91
500/108..........................................      112      107      103       98       95       91       88
500/75...........................................      107      102       98       93       90       88       88
500/54...........................................      103       98       94       89       88       88       88
500/37...........................................       99       94       90       88       88       88       88
250/305..........................................      113      113      113      112      109      105      100
250/215..........................................      113      113      107      102       99       95       90
250/150..........................................      109      104      100       95       92       88       88
250/108..........................................      105      100       96       91       88       88       88
250/75...........................................       99       94       90       88       88       88       88
250/54...........................................       95       90       88       88       88       88       88
250/37...........................................       91       88       88       88       88       88       88
125/305..........................................      113      111      107      102       99       95       90
125/215..........................................      108      103       99       94       91       88       88
125/150..........................................      103       98       94       89       88       88       88
125/108..........................................       98       93       89       88       88       88       88
125/75...........................................       93       88       88       88       88       88       88
125/54...........................................       88       88       88       88       88       88       88
125/37...........................................       88       88       88       88       88       88       88
62/305...........................................      108      103       99       94       91       88       88
62/215...........................................      103       98       94       89       88       88       88
62/150...........................................       97       92       88       88       88       88       88
62/108...........................................       92       88       88       88       88       88       88
62/75............................................       88       88       88       88       88       88       88
62/54............................................       88       88       88       88       88       88       88
62/37............................................       88       88       88       88       88       88      88
----------------------------------------------------------------------------------------------------------------
\1\ Separations for stations on Santiago Peak, Sierra Peak, Mount Lukens, and Mount Wilson (CA) and the
  locations in the State of Washington listed in paragraph (b)(3) of this section are 56 km (35 mi) greater than
  those listed in the table above. In the event of conflict between this table and the table of additional
  California high elevation sites shown in paragraph (b)(2) of this section, the latter will apply.
\2\ Distances shown are derived from the R-6602 curves and are based upon a non-overlap of the 22 dBu (F50,10)
  interference contour of the proposed station with the 40 dBu (F50,50) contour of the existing station(s). No
  consideration is given to the 40 dBu service contour of the proposed station and the 22 dBu contour of the
  existing station(s). The minimum separation of stations will be 88 km (55 mi).
\3\ All existing stations are assumed to operate with 1000 watts ERP. When the ERP and/or DHAAT of a proposed
  station or the DHAAT of an existing station is not indicated in the table, the next higher value(s) must be
  used.

    (5) The separation between co-channel systems may be less than the 
separations defined above if an applicant submits with its application 
letters of concurrence indicating that the applicant and each co-channel 
licensee within the specified separation agree to accept any 
interference resulting from the reduced separation between their 
systems. Each letter from a co-channel licensee must certify that the 
system of the concurring licensee is constructed and fully operational. 
The applicant must also submit with its application a certificate of 
service indicating that all concurring co-channel licensees have been 
served with an actual copy of the application.
    (6) A station located closer than the distances provided in this 
section to a co-channel station that was authorized as short-spaced 
under paragraph (b)(4) of this section shall be permitted to modify its 
facilities as long as the station does not extend its 22 dBu contour 
beyond its maximum 22 dBu contour (i.e., the 22 dBu contour calculated 
using the station's maximum power and antenna height at its original 
location) in the direction of the short-spaced station.

[[Page 456]]

    (7) Offset frequencies in the 811-821/856-866 MHz band for use only 
within U.S./Mexico border area, as designated in Sec. 90.619(a), shall 
be considered co-channel with non-offset frequencies in this band as 
designated in Sec. 90.613. New applications for frequencies in this band 
for stations adjacent to the U.S./Mexico border area must comply with 
the co-channel separation provisions of this section.
    (c) Conventional systems authorized on frequencies in the Public 
Safety (except for those systems that have participated in a formal 
regional planning process as described in Sec. 90.16), Industrial/Land 
Transportation, Business, and Spectrum Block D frequencies in the 800 
MHz SMR service (formerly General) Categories which have not met the 
loading levels necessary for channel exclusivity will not be afforded 
co-channel protection.
    (d) UHF television translator stations using UHF output channels 
from Channels 70 through 83 operate on a secondary basis to land mobile 
stations using the UHF bands allocated under this subpart for land 
mobile use. Accordingly, such television translator stations will not be 
protected from interference from such authorized land mobile stations.
    (e) Frequencies in the 806-821/851-866 MHz bands listed as available 
for eligibles in the Public Safety, Industrial/Land Transportation, and 
Business Categories are available for inter-category sharing under the 
following conditions:
    (1) Channels in the Public Safety, Industrial/Land Transportation 
and Business categories will be available to eligible applicants in 
those categories only if there are no frequencies in their own category 
and no public safety systems are authorized on those channels under 
consideration to be shared.
    (2)-(4) [Reserved]
    (5) The applicant must submit a statement from its own category 
coordinator that frequencies are not available in that category, and 
coordination is required from the applicable out-of-category 
coordinator.
    (6) The out-of-category licensee must operate by the rules 
applicable to the category to which the frequency is allocated.
    (f) The 896-901/935-940 MHz channels listed as available for 
eligibles in the Industrial/Land Transportation and Business categories 
will be available for inter-category sharing to all persons eligible in 
those categories under the following conditions thirty-six (36) months 
from the date the first authorization in this spectrum is issued.
    (1) The applicant must submit a statement from its own category 
coordinator that frequencies are not available in that category, and 
coordination is required from the applicable out-of-category 
coordinator.
    (2) The out-of-category licensee must operate by the rules 
applicable to the category to which the frequency is allocated.
    (g) Applications for Public Safety systems (both trunked and 
conventional) in the 821-824/866-869 MHz bands will be assigned and 
protected based on the criteria established in the appropriate regional 
plan. See Sec. 90.16 and the Report and Order in General Docket 87-112.
    (h) Channel numbers 401-410, 441-450, 481-490, 521-530, and 561-570 
are available on co-primary basis to station in Basic Exchange 
Telecommunications Radio Service as described in part 22 of the 
Commission's Rules.

[47 FR 41032, Sept. 16, 1982]

    Editorial Note: For Federal Register citations affecting 
Sec. 90.621, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 90.623  Limitations on the number of frequencies assignable for conventional systems.

    (a) The maximum number of frequency pairs that may be assigned to a 
licensee for operation in the conventional mode in a given area is five 
(5).
    (b) Where an applicant proposes to operate a conventional radio 
system to provide facilities for the use of a single person or entity 
eligible under subparts B or C of this part, the applicant may be 
assigned only the number of frequency pairs justified on the basis of 
the requirement of the proposed single user of the system.
    (c) No non-SMR licensee will be authorized an additional frequency 
pair for a conventional system within 64

[[Page 457]]

kilometers (40 miles) of an existing conventional system, except where:
    (1) The additional frequency pair will be used to provide radio 
facilities to a single entity and the additional frequency pair is 
justified on the basis of the requirements of the proposed single user; 
or,
    (2) The licensee's existing frequency pair(s) is loaded to 
prescribed levels.
    (d) No licensee will be authorized frequencies for a conventional 
system if that licensee is operating an unloaded trunked system or has 
an application pending for a trunked system to serve multiple 
subscribers within 64 km (40 miles) of the requested conventional 
system.

[47 FR 41032, Sept. 16, 1982, as amended at 48 FR 44559, Sept. 29, 1983; 
48 FR 51929, Nov. 15, 1983; 58 FR 44963, Aug. 25, 1993; 59 FR 59966, 
Nov. 21, 1994; 62 FR 18935, Apr. 17, 1997]



Sec. 90.625  Other criteria to be applied in assigning channels for use in conventional systems of communication.

    (a) Where an applicant shows that a channel will be loaded to 70 
mobile stations, that channel will be made available to that applicant 
for its exclusive use in the area in which it proposes to operate. If 
the showing made justifies the assignment of more than one channel to 
the applicant, additional frequencies will be authorized.
    (b) Where an applicant proposes to furnish service to eligibles 
under subparts B or C of this part on a commercial basis using a 
conventional system of communication, the applicant will be considered 
on the same basis as that of an applicant for private or shared 
communication facilities.
    (c) No person authorized to operate any radio facility under the 
provisions of this subpart shall have a right to protest proposals on 
grounds other than violation of or inconsistency with the provisions of 
this subpart. All grants are made subject to this condition and to the 
other conditions and standards set out in this subpart.

[47 FR 41032, Sept. 16, 1982, as amended at 62 FR 18935, Apr. 17, 1997]



Sec. 90.627  Limitation on the number of frequency pairs that may be assignable for trunked systems and on the number of trunked systems.

    (a) The maximum number of frequency pairs that may be assigned at 
any one time for the operation of a trunked radio system is twenty, 
except as specified in Sec. 90.621(a)(1)(iv).
    (b) No non-SMR licensee will be authorized an additional trunked 
system within 64 kilometers (40 miles) of an existing trunked system, 
except where:
    (1) The additional trunked system will be used to provide radio 
facilities for a single entity, where the additional system is justified 
on the basis of the requirements of the proposed single user; or,
    (2) The licensee's existing trunked system is loaded to at least 70 
mobile and control stations per channel.

[47 FR 41032, Sept. 16, 1982, as amended at 48 FR 44559, Sept. 29, 1983; 
48 FR 51929, Nov. 15, 1983; 49 FR 36377, Sept. 17, 1984; 51 FR 37404, 
Oct. 22, 1986; 53 FR 12157, Apr. 13, 1988; 58 FR 44963, Aug. 25, 1993; 
59 FR 59966, Nov. 21, 1994]



Sec. 90.629  Extended implementation period.

    Applicants requesting frequencies for either trunked or conventional 
operations may be authorized a period of up to five (5) years for 
constructing and placing a system in operation in accordance with the 
following:
    (a) The applicant must justify an extended implementation period. 
The justification must describe the proposed system, state the amount of 
time necessary to construct and place the system in operation, identify 
the number of base stations to be constructed and placed in operation 
during each year of the extended construction period, and show that:
    (1) The proposed system will require longer than eight months (if a 
conventional system) or one year (if a trunked system) to construct and 
place in operation because of its purpose, size, or complexity; or
    (2) The proposed system is to be part of a coordinated or integrated 
wide-area system which will require more than eight months (if a 
conventional system) or one year (if a trunked system) to plan, approve, 
fund, purchase, construct, and place in operation; or

[[Page 458]]

    (3) The applicant is required by law to follow a multi-year cycle 
for planning, approval, funding, and purchasing the proposed system.
    (b) Where an applicant is required by law to follow a multi-year 
cycle for planning, approval, funding and purchasing a proposed system, 
the applicant must indicate whether funding approval has been obtained 
and if not, when such funding approval is expected.
    (c) Authorizations under this section are conditioned upon the 
licensee constructing and placing its system in operation within the 
authorized implementation period and in accordance with an approved 
implementation plan of up to five years. Licensees must certify annually 
that they are in compliance with their yearly station construction 
commitments, but may request amendment to these commitments at the time 
they file their annual certification. If the Commission approves the 
requested amendments to a licensee's implementation commitments, the 
licensee's extended implementation authority will remain in effect. If, 
however, the Commission concludes, at this or any other time, that a 
licensee has failed to meet its commitments, the Commission will 
terminate authority for the extended implementation period. When the 
Commission terminates an extended implementation authority, the affected 
licensee will be given six months from the date of termination to 
complete system construction. At the end of any licensee's extended 
implementation period, authorizations for all stations not constructed 
and placed in operation will be cancelled. Trunked systems granted an 
extended implementation period must comply with the channel loading 
requirements of section 90.631(b). Conventional channels not loaded to 
70 mobile units may be subject to shared use by the addition of other 
licensees.
    (d) Applicants eligible in the Industrial/Land Transportation 
Category requesting authorizations under this section may request 
frequencies in the Business Category only if the application contains a 
statement that no frequencies in the Industrial/Land Transportation 
Category are available for assignment in their geographic area.
    (e) As of March 18, 1996, Specialized Mobile Radio systems are not 
eligible for extended implementation periods under this section. 
Additionally, all 800 MHz SMR licensees that are operating under 
extended implementation authority as of March 18, 1996 must, by May 16, 
1996, demonstrate that continuing to allow them to have an extended 
period of time to construct their facilities is warranted and furthers 
the public interest. If a licensee's extended implementation authority 
showing is approved by the Bureau, such licensee will be afforded an 
extended implementation of two years or the remainder of its current 
extended implementation period, whichever is shorter. Upon the 
termination of this period, the authorizations for those facilities that 
remain unconstructed will terminate automatically. If a licensee with a 
current extended implementation period fails to submit the showing 
mentioned above within the designated timeframe or submits an 
insufficient or incomplete showing, such licensee will have six months 
from the last day on which it could timely file such a showing or from 
the disapproval of its request to construct the remaining facilities 
covered under its implementation plan to construct any unconstructed 
facilities for which it is authorized. The authorizations for those 
facilities remaining unconstructed after this six-month period will 
terminate automatically.

[58 FR 34379, June 25, 1993, as amended at 61 FR 6157, Feb. 16, 1996]



Sec. 90.631  Trunked systems loading, construction and authorization requirements.

    (a) Non-SMR trunked systems will be authorized on the basis of a 
loading criteria of one hundred (100) mobile stations per channel. For 
purposes of determining compliance with trunked system loading 
requirements under this subpart, the term ``mobile station'' includes 
vehicular and portable mobile units and control stations.
    (b) Each applicant for a non-SMR trunked system must certify that a 
minimum of seventy (70) mobiles for each channel authorized will be 
placed into operation within five (5) years of the initial license 
grant. Except for SMR systems licensed in the 806-821/

[[Page 459]]

851-866 MHz band and as indicated in paragraph (i) of this section, if 
at the end of five (5) years a trunked system is not loaded to the 
prescribed levels and all channels in the licensee's category are 
assigned in the system's geographic area, authorizations for trunked 
channels not loaded to seventy (70) mobile stations cancels 
automatically at a rate that allows the licensee to retain one channel 
for every one hundred (100) mobiles loaded, plus one additional channel. 
If a trunked system has channels from more than one category, Spectrum 
Block D frequencies in the 800 MHz SMR service (formerly General 
Category) channels are the first channels considered to cancel 
automatically. All non-SMR licensees initially authorized before June 1, 
1993, that are within their original license term, or SMR licensees that 
are within the term of a two-year authorization granted in accordance 
with paragraph (i) of this section, are subject to this condition. A 
licensee that has authorized channels cancelled due to failure to meet 
the above loading requirements will not be authorized additional 
channels to expand that same system for a period of six (6) months from 
the date of cancellation.
    (c) Except for SMR applicants and as provided in paragraph (d) of 
this section, an applicant seeking to expand a trunked system by 
requesting additional channels from the Commission, or through 
intercategory sharing, or through an assignment, must have a loading 
level of seventy (70) mobiles per channel on the existing system that is 
the subject of the expansion request.
    (d) In rural areas, a licensee of a trunked system may request to 
increase its system capacity by five more channels than it has 
constructed without meeting the loading requirements specified in 
paragraphs (b) and (c) of this section. A rural area is defined for 
purposes of this section as being beyond a 100-mile radius of the 
designated centers of the following urbanized areas, as well as those 
areas that have a waiting list. (Rural areas may be different for 800 
and 900 MHz channels since the Commission maintains separate waiting 
lists for these frequency bands.) The identified urbanized areas are: 
New York, NY; Los Angeles, CA; Chicago, IL; Philadelphia, PA: San 
Francisco, CA; Detroit, MI; Boston, MA; Houston, TX; Washington, DC; 
Dallas-Fort Worth, TX; Miami, FL; Cleveland, OH; St. Louis, MO; Atlanta, 
GA; Pittsburgh, PA; Baltimore, MD; Minneapolis-St. Paul, MN; Seattle, 
WA; San Diego, CA; and Tampa-St. Petersburg, FL. The coordinates for the 
centers of these areas are those referenced in Sec. 90.635, except that 
the coordinates for Tampa-St. Petersburg are latitude 28 deg.00'00'' N, 
longitude 82 deg.27'00'' W. Where waiting lists determine whether an 
area is rural, the designated centers of those areas will be identified 
on the actual waiting lists released by the Commission. If a waiting 
list is later established in a rural area, licensees who have acquired 
additional channels pursuant to this paragraph will be subject to the 
automatic cancellation provisions in paragraph (b) of this section at 
the end of one year from the date the area first appears on a Commission 
waiting list, or at the end of their license term, whichever is longer.
    (e) Except as provided in Sec. 90.629, licensees of trunked 
facilities must complete construction within one year.
    (f) If a station is not placed in permanent operation, in accordance 
with the technical parameters of the station authorization, within one 
year, except as provided in Sec. 90.629, its license cancels 
automatically and must be returned to the Commission. For purposes of 
this section, a base station is not considered to be placed in operation 
unless at least two associated mobile stations, or one control station 
and one mobile station, are also placed in operation. An SMR licensee 
with facilities that have discontinued operations for 90 continuous days 
after the effective date of this rule is presumed to have permanently 
discontinued operations, unless the licensee notifies the FCC otherwise 
prior to the end of the 90 day period and provides a date on which 
operation will resume, which date must not be in excess of 30 additional 
days.
    (g) Wide area systems may be authorized to persons eligible for 
licensing under subparts B or C of this part upon an appropriate showing 
of need. Remote or satellite stations of wide area

[[Page 460]]

systems in the Public Safety, Special Emergency, Telephone Maintenance, 
and Power Radio Services may be authorized on a primary basis if such 
stations are the first to be authorized in their area of operation on 
the frequency or group of frequencies. Remote or satellite stations of 
wide area systems in all other services will be authorized only on a 
secondary, non-interference basis to cochannel licensees. To determine 
system loading, the total number of mobile units and control stations 
operating in the wide-area system shall be counted with respect to the 
total number of base station frequencies assigned to the system.
    (h) Regional, statewide, or ribbon configuration systems may be 
authorized to persons eligible for licensing under subparts B or C of 
this part upon an appropriate showing of need. In a ribbon, regional or 
statewide system, a mobile station will be counted for channel loading 
purposes only for the base station facility in the geographic area in 
which it primarily operates. If this cannot be determined, it will be 
counted fractionally over the number of base station facilities with 
which it communicates regularly.
    (i) For SMRS category trunked systems licensed in the 896-901/935-
940 MHz band (other than MTA-licensed systems), if at the end of the 
initial five-year license term the licensee of such a trunked system has 
not satisfied the loading requirements of paragraph (b) of this section, 
the licensee requesting renewal of its license will be granted a renewal 
for only a two-year period. Regardless of the date of grant of the two-
year renewal, the licensee will be required to comply fully with the 
minimum requirements set forth in paragraph (b) of this section at the 
end of the two-year renewal term. As an exception to this requirement, 
if the licensee obtains the MTA license covering its assigned spectrum 
in accordance with Secs. 90.661 through 90.671, these loading 
requirements will no longer be applicable and the coverage requirements 
of Sec. 90.665 will govern.

[47 FR 41032, Sept. 16, 1982, as amended at 48 FR 51929, Nov. 15, 1983; 
49 FR 36377, Sept. 17, 1984; 53 FR 12157, Apr. 13, 1988; 57 FR 37731, 
Aug. 20, 1992; 58 FR 12177, Mar. 3, 1993; 59 FR 59966, Nov. 21, 1994; 60 
FR 21991, May 4, 1995; 60 FR 48918, Sept. 21, 1995; 61 FR 6157, Feb. 16, 
1996; 61 FR 6577, Feb. 21, 1996; 62 FR 18935, Apr. 17, 1997]



Sec. 90.633  Conventional systems loading requirements.

    (a) Non-SMR conventional systems of communication will be authorized 
on the basis of a minimum loading criteria of seventy (70) mobile 
stations for each channel authorized.
    (b) A channel will not be assigned to additional licensees when it 
is loaded to 70 mobile stations. Where a licensee does not load a 
channel to 70 mobiles the channel will be available for assignment to 
other licensees. All authorizations for conventional systems are issued 
subject to this potential channel sharing condition.
    (c) Except as provided in Sec. 90.629 licensees of conventional 
systems must place their authorized facilities in operation not later 
than eight months after the date of grant of the license for the system.
    (d) If a station is not placed in operation in eight months, except 
as provided in Sec. 90.629, its license cancels automatically and must 
be returned to the Commission. For purposes of this section, a base 
station is not considered to be placed in operation unless at least one 
associated mobile station is also placed in operation.
    (e) A non-SMR licensee may apply for additional frequency pairs if 
its authorized conventional channel(s) is loaded to seventy (70) 
mobiles. Applications may be considered for additional channels in areas 
where spectrum is still available and not applied for, even if the 
already authorized channel(s) is not loaded to 70 mobile units, upon an 
appropriate demonstration of need.
    (f) Wide area systems may be authorized to persons eligible for 
licensing under subparts B or C of this part upon

[[Page 461]]

an appropriate showing of need. For loading purposes, if the total 
number of mobile stations justifies the total number of authorized based 
frequencies in a given area, the system will be construed to be loaded.
    (g) Regional, statewide, or ribbon configuration systems may be 
authorized to persons eligible for licensing under subparts B or C of 
this part upon an appropriate showing of need. In a ribbon, regional or 
statewide system, a mobile station will be counted for channel loading 
purposes only for the base station facility in the geographic area in 
which it primarily operates. If this cannot be determined, it will be 
counted fractionally over the number of base station facilities with 
which it communicates regularly.

[47 FR 41032, Sept. 16, 1982, as amended at 48 FR 51929, Nov. 15, 1983; 
56 FR 65860, Dec. 19, 1991; 59 FR 59966, Nov. 21, 1994; 62 FR 18935, 
Apr. 17, 1997]

 Technical Regulations Regarding the Use of Frequencies in the 806-824 
          MHz, 851-869 MHz, 896-901 MHz, and 935-940 MHz Bands



Sec. 90.635  Limitations on power and antenna height.

    (a) Systems to be located within 24 km. (15 mi.) of the geographic 
center of the 50 urbanized areas detailed in table 1 will be considered 
``urban'' systems. All others will be considered ``suburban'' systems.
    (b) The effective radiated power and antenna height, for base 
stations used in suburban-conventional systems of communications, shall 
be no greater than 500 watts (27 dBw) and 152 m. (500 ft.) above average 
terrain (AAT), respectively, or the equivalent as determined from table 
2. These are maximum values, and applicants are required to justify 
power levels and antenna heights requested. For service area 
requirements less than 32 km. (20 mi.) in radius, see table 3.
    (c) The effective radiated power and antenna height for base 
stations used in trunked and urban-conventional systems may not exceed 1 
kilowatt (30 dBw) and 304 m. (1,000 ft.) above average terrain (AAT), 
respectively, or the equivalent thereof as determined from table 2. 
These are maximum values, and applicants will be required to justify 
power levels and antenna heights requested. For service area 
requirements less than 32 km (20 mi.) in radius, see table 4.
    (d) The maximum output power of the transmitter for mobile stations 
is 100 watts (20 dBw).

                        Table 1--Urbanized Areas
------------------------------------------------------------------------
                                                    Geographic center
                                               -------------------------
                Urbanized area                     North         West
                                                  latitude    longitude
------------------------------------------------------------------------
Akron, OH.....................................  41 deg.05'0
                                                        0''  81 deg.30'4
                                                                     4''
Albany-Schenectady-Troy, NY...................  42 deg.39'0
                                                        1''  73 deg.45'0
                                                                     1''
Atlanta, GA...................................  33 deg.45'1
                                                        0''  84 deg.23'3
                                                                     7''
Baltimore, MD.................................  39 deg.17'2
                                                        6''  76 deg.36'4
                                                                     5''
Birmingham, AL................................  33 deg.31'0
                                                        1''  86 deg.48'3
                                                                     6''
Boston, MA....................................  42 deg.21'2
                                                        4''  71 deg.03'2
                                                                     4''
Buffalo, NY...................................  42 deg.53'1
                                                        2''  78 deg.52'3
                                                                     0''
Chicago, IL...................................  41 deg.52'2
                                                        8''  87 deg.38'2
                                                                     2''
Cincinnati, OH................................  39 deg.06'0
                                                        7''  84 deg.30'3
                                                                     5''
Cleveland, OH.................................  41 deg.29'5
                                                        1''  81 deg.41'5
                                                                     0''
Columbus, OH..................................  39 deg.57'4
                                                        7''  83 deg.00'1
                                                                     7''
Dallas, TX....................................  32 deg.47'0
                                                        9''  96 deg.47'3
                                                                     7''
Dayton, OH....................................  39 deg.45'3
                                                        2''  84 deg.11'4
                                                                     3''
Denver, CO....................................  39 deg.44'5
                                                        8''  104 deg.59'
                                                                    22''
Detroit, MI...................................  42 deg.19'4
                                                        8''  83 deg.02'5
                                                                     7''
Fort Lauderdale-Hollywood, FL.................  26 deg.07'3
                                                        0''  80 deg.09'0
                                                                     0''
Fort Worth, TX................................  32 deg.44'5
                                                        5''  97 deg.19'4
                                                                     4''
Houston, TX...................................  29 deg.45'2
                                                        6''  95 deg.21'3
                                                                     7''
Indianapolis, IN..............................  39 deg.46'0
                                                        7''  86 deg.09'4
                                                                     6''
Jacksonville, FL..............................  30 deg.19'4
                                                        4''  81 deg.39'4
                                                                     2''
Kansas City, MO-KS............................  39 deg.04'5
                                                        6''  94 deg.35'2
                                                                     0''
Los Angeles, CA...............................  34 deg.03'1
                                                        5''  118 deg.14'
                                                                    28''
Louisville, KY-IN.............................  38 deg.14'4
                                                        7''  85 deg.45'4
                                                                     9''
Miami, FL.....................................  25 deg.46'3
                                                        7''  80 deg.11'3
                                                                     2''
Memphis, TN-MS................................  35 deg.08'4
                                                        6''  90 deg.03'1
                                                                     3''
Milwaukee, WI.................................  43 deg.02'1
                                                        9''  87 deg.54'1
                                                                     5''
Minneapolis-St. Paul, MN......................  44 deg.58'5
                                                        7''  93 deg.15'4
                                                                     3''
New Orleans, LA...............................  29 deg.56'5
                                                        3''  90 deg.04'1
                                                                     0''
New York-northeastern New Jersey..............  40 deg.45'0
                                                        6''  73 deg.59'3
                                                                     9''
Norfolk-Portsmouth, VA........................  36 deg.51'1
                                                        0''  76 deg.17'2
                                                                     1''
Oklahoma City, OK.............................  35 deg.28'2
                                                        6''  97 deg.31'0
                                                                     4''
Omaha, NE-IO..................................  41 deg.15'4
                                                        2''  95 deg.56'1
                                                                     4''
Philadelphia, PA-NJ...........................  39 deg.56'5
                                                        8''  75 deg.09'2
                                                                     1''
Phoenix, AZ...................................  33 deg.27'1
                                                        2''  112 deg.04'
                                                                    28''
Pittsburgh, PA................................  40 deg.26'1
                                                        9''  80 deg.00'0
                                                                     0''
Portland, OR-WA...............................  45 deg.31'0
                                                        6''  122 deg.40'
                                                                    35''
Providence-Pawtucket-Warwick, RI-MA...........  41 deg.49'3
                                                        2''  71 deg.24'4
                                                                     1''
Rochester, NY.................................  43 deg.09'4
                                                        1''  77 deg.36'2
                                                                     1''
Sacramento, CA................................  38 deg.34'5
                                                        7''  121 deg.29'
                                                                    41''
St. Louis, MO-IL..............................  38 deg.37'4
                                                        5''  90 deg.12'2
                                                                     2''
St. Petersburg, FL............................  27 deg.46'1
                                                        8''  82 deg.38'1
                                                                     9''
San Antonio, TX...............................  29 deg.25'3
                                                        7''  98 deg.29'0
                                                                     6''
San Bernardino-Riverside, CA..................  34 deg.06'3
                                                        0''  117 deg.17'
                                                                    28''
San Diego, CA.................................  32 deg.42'5
                                                        3''  117 deg.09'
                                                                    21''
San Francisco-Oakland, CA.....................  37 deg.46'3
                                                        9''  122 deg.24'
                                                                    40''
San Jose, CA..................................  37 deg.20'1
                                                        6''  121 deg.53'
                                                                    24''
Seattle, WA...................................  47 deg.36'3
                                                        2''  122 deg.20'
                                                                    12''
Springfield-Chicopee-Holyoke, MA-CT...........  42 deg.06'2
                                                        1''  72 deg.35'3
                                                                     2''
Toledo, OH-MI.................................  41 deg.39'1
                                                        4''  83 deg.32'3
                                                                     9''
Washington, DC-MD-VA..........................  38 deg.53'5
                                                        1''  77 deg.00'3
                                                                     3''
------------------------------------------------------------------------


[[Page 462]]


 Table 2--Equivalent Power and Antenna Heights for Base Stations in the
 851-869 MHz and 935-940 MHz Bands Which Have a Requirement for a 32 km
                       (20 mi) Service Area Radius
------------------------------------------------------------------------
                                                    Effective radiated
                                                    power (watts) 1,2,5
       Antenna height (ATT) meters (feet)        -----------------------
                                                    Urban/
                                                    trunked    Suburban
------------------------------------------------------------------------
Above 1,372 (4,500).............................          65          15
Above 1,220 (4,000) to 1,372 (4,500)............          70          20
Above 1,067 (3,500) to 1,220 (4,000)............          75          25
Above 915 (3,000) to 1,067 (3,500)..............         100          30
Above 763 (2,500) to 915 (3,000)................         140          35
Above 610 (2,000) to 763 (2,500)................         200          50
Above 458 (1,500) to 610 (2,000)................         350          80
Above 305 (1,000) to 458 (1,500)................         600         160
Above 152.5 (500) to 305 (1,000)................   \3\ 1,000         220
Up to 152.5 (500)...............................       1,000     \4\ 500
------------------------------------------------------------------------
\1\ Power is given in terms of effective radiated power (ERP).
\2\ Applicants in the Los Angeles, CA, area who demonstrate a need to
  serve both the downtown and fringe areas will be permitted to utilize
  an ERP of 1 kw at the following mountaintop sites: Santiago Park,
  Sierra Peak, Mount Lukens, and Mount Wilson.
\3\ Stations with antennas below 305 m (1,000 ft) (AAT) will be
  restricted to a maximum power of 1 kw (ERP).
\4\ Stations with antennas below 152.5 m (500 ft) (AAT) will be
  restricted to a maximum power of 500 W (ERP).
\5\ Licensees in San Diego, CA, will be permitted to utilize an ERP of
  500 watts at the following mountaintop sites: Palomar, Otay, Woodson
  and Miguel.


  Table 3--Equivalent Powers and Antenna Heights for Suburban-Conventional Base Stations in the 851-869 MHz and
935-940 MH z Bands Which Have a Requirement for Less Than 32.2 km (20 mi) Service Area Radius--Maximum Effective
                                             Radiated Power (Watts)
                              [Base station antenna height (AAT) in meters (feet)]
----------------------------------------------------------------------------------------------------------------
                                                                        Above / to
                                         -----------------------------------------------------------------------
                                           122 (400)  91.5 (300)   61 (200)   30.5 (100)
                                           to 152.5     to 122      to 91.5      to 61    15 (50) to   0 (0) to
                                             (500)       (400)       (300)       (200)    30.5 (100)    15 (50)
----------------------------------------------------------------------------------------------------------------
Service area radius km (mi):
    32 (20).............................         500         500         500         500         500         500
    30 (19).............................         400         500         500         500         500         500
    29 (18).............................         310         385         500         500         500         500
    27 (17).............................         235         300         385         500         500         500
    26 (16).............................         175         220         285         440         500         500
    24 (15).............................         130         160         215         330         500         500
    22 (14).............................          95         120         155         240         480         500
    21 (13).............................          70          85         115         175         350         500
    19 (12).............................          50          60          80         125         250         500
    18 (11).............................          35          45          60          90         180         360
    16 (10).............................          25          30          40          60         120         240
    14 (9)..............................          15          20          25          40          80         160
    13 (8)..............................          10          12          15          25          50         100
    11 (7)..............................           6           7          10          15          30          60
    10 (6)..............................           3           4           5           7          15          30
    8 (5) or less.......................           1           2           3           4           8          16
----------------------------------------------------------------------------------------------------------------


  Table 4--Equivalent Powers and Antenna Heights for Urban-Conventional and Trunked System Base Stations in the 851-869 MHz and 935-940 MHz Bands Which
                     Have a Requirement for Less than 32.2 km (20 mi) Service Area Radius--Maximum Effective Radiated Power (Watts)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Base station antenna height (AAT) meters (feet)
---------------------------------------------------------------------------------------------------------------------------------------------------------
                              Above                               228 (750)    152.5    122 (400)     91.5     61 (200)     30.5     15 (50)     0 (0)
----------------------------------------------------------------------------   (500)   -----------   (300)   -----------   (100)   ---------------------
                                                                     305    -----------   152.5   -----------    91.5   -----------    30.5
                               to                                  (1,000)   228 (750)    (500)    122 (400)    (300)     61 (200)    (100)     15 (50)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Service area radius: km (mi):
    32 (20).....................................................      1,000      1,000      1,000      1,000      1,000      1,000      1,000      1,000
    30 (19).....................................................        800      1,000      1,000      1,000      1,000      1,000      1,000      1,002
    29 (18).....................................................        640        830      1,000      1,000      1,000      1,000      1,000      1,000
    27 (17).....................................................        480        625        960      1,000      1,000      1,000      1,000      1,000
    26 (16).....................................................        360        470        720        900      1,000      1,000      1,000      1,000
    24 (15).....................................................        270        350        540        675        875      1,000      1,000      1,000

[[Page 463]]

 
    22 (14).....................................................        200        260        400        500        650      1,000      1,000      1,000
    21 (13).....................................................        140        180        280        350        450        700      1,000      1,000
    19 (12).....................................................        100        130        200        250        325        500      1,000      1,006
    18 (11).....................................................         70         90        140        175        230        350        700      1,000
    16 (10).....................................................         45         60         90        110        145        220        440      1,000
    14 (9)......................................................         30         40         60         75        100        150        300        600
    13 (8)......................................................         20         25         40         50         65        100        200        400
    11 (7)......................................................         15         20         30         40         50         80        160        300
    10 (6)......................................................          8         10         16         20         25         40         80        100
    8 (5) or less...............................................          5          6          9         12         15         25         50        100
--------------------------------------------------------------------------------------------------------------------------------------------------------

[47 FR 41032, Sept. 16, 1982; 47 FR 41045, Sept. 16, 1982, as amended at 
50 FR 784, Jan. 7, 1985; 51 FR 37404, Oct. 22, 1986; 52 FR 29857, Aug. 
12, 1987; 53 FR 1027, Jan. 15, 1988; 58 FR 44963, Aug. 25, 1993; 60 FR 
50123, Sept. 28, 1995]



Sec. 90.637  Restrictions on operational fixed stations.

    (a) Except for control stations, operational fixed operations will 
not be authorized in the 806-824 MHz, 851-869 MHz, 896-901 MHz, or 935-
940 MHz bands. This does not preclude secondary fixed tone signaling and 
alarm operations authorized in Sec. 90.235 or in paragraph (c) of this 
section.
    (b) Control stations associated with one or more mobile relay 
stations will be authorized only on the assigned frequency of the 
associated mobile station. Use of a mobile service frequency by a 
control station of a mobile relay system is subject to the condition 
that harmful interference shall not be caused to stations of licensees 
authorized to use the frequency for mobile service communications.
    (c) Trunked and conventional systems that have exclusive-use status 
in their respective geographic areas may conduct fixed ancillary 
signaling and data transmissions subject to the following requirements:
    (1) All operations must be on a secondary, non-interference basis to 
the primary mobile operation of any other licensee.
    (2) The output power at the remote site must not exceed 30 watts.
    (3) Any fixed transmitters will not count toward meeting the mobile 
loading requirements nor be considered in whole or in part as a 
justification for authorizing additional frequencies in the licensee's 
mobile system.
    (4) Automatic means must be provided to deactivate the remote 
transmitter in the event the carrier remains on for a period in excess 
of three minutes.
    (5) Operational fixed stations authorized pursuant to the provisions 
of paragraphs (c) and (d) of this section are exempt from the 
requirements of Secs. 90.425 and 90.429.
    (d) Conventional systems that do not have exclusive-use status in 
their respective geographic areas may conduct fixed ancillary signaling 
and data transmissions only in accordance with all the provisions of 
Sec. 90.235.

[47 FR 41032, Sept. 16, 1982, as amended at 48 FR 51929, Nov. 15, 1983; 
49 FR 36377, Sept. 17, 1984; 51 FR 37405, Oct. 22, 1986; 52 FR 1332, 
Jan. 13, 1987; 53 FR 12157, Apr. 13, 1988; 57 FR 34693, Aug. 6, 1992]



Sec. 90.645  Permissible operations.

    Conventional and trunked radio systems may be used:
    (a) Only for purposes expressly allowed under this part.
    (b) Only persons who are eligible for facilities, either under this 
subpart or in the radio service included under subparts B or C of this 
part.
    (c) Except for licensees classified as CMRS providers under part 20 
of this

[[Page 464]]

chapter, only for the transmission of messages or signals permitted in 
the services is which the participants are eligible.
    (d) For digital or analog transmissions.
    (e) An SMRS licensee or a licensee who has been authorized a 
channel(s) on an exclusive basis, may use the system for the 
transmission of any base/mobile message, page or signal permitted in the 
service in which the participants are eligible.
    (f) Where the channel(s) is assigned to an SMRS licensee or 
exclusively to a single licensee, or where all users of a system agree, 
more than a single emission may be utilized within the authorized 
bandwidth. In such cases, the frequency stability requirements of 
Sec. 90.213 shall not apply, but out-of-band emission limits of 
Sec. 90.209 shall be met.
    (g) Up to five (5) contiguous 806-821/851-866 band channels as 
listed in Secs. 90.615, 90.617, and 90.619 may be authorized after 
justification for systems requiring more than the normal single channel 
bandwidth. If necessary, licensees may trade channels amongst themselves 
in order to obtain contiguous frequencies. Notification of such proposed 
exchanges shall be made to the appropriate frequency coordinator(s) and 
to the Commission for approval.
    (h) Up to 10 contiguous 896-901/935-940 MHz band channels as listed 
in Sec. 90.617 may be combined for systems requiring more than the 
normal single channel bandwidth. If necessary, licensees may trade 
channels amongst themselves in order to obtain contiguous frequencies. 
Notification of such proposed exchanges shall be made to the appropriate 
frequency coordinator(s) and to the Commission for approval.
    (i) Paging operations may be utilized on multiple licensed 
facilities (community repeaters) only when all licensees of the facility 
agree to such use.

[47 FR 41032, Sept. 16, 1982, as amended at 48 FR 51929, Nov. 15, 1983; 
51 FR 37405, Oct. 22, 1986; 59 FR 59966, Nov. 21, 1994; 62 FR 18935, 
Apr. 17, 1997]



Sec. 90.647  Station identification.

    (a) Conventional systems of communication shall be identified in 
accordance with existing regulations governing such matters.
    (b) Trunked systems of communication, except as noted in paragraph 
(c) of this section, shall be identified through the use of an automatic 
device which transmits the call sign of the base station facility at 30 
minute intervals. Such station identification shall be made on the 
lowest frequency in the base station trunk group assigned the licensee. 
Should this frequency be in use at the time station identification is 
required, such identification may be made at the termination of the 
communication in progress on this frequency. Identification may be made 
by voice or International Morse Code. When the call sign is transmitted 
in International Morse Code, it must be at a rate of between 15 to 20 
words per minute and by means of tone modulation of the transmitter, the 
tone frequency being between 800 and 1000 hertz.
    (c) Stations operating in either the 806-824/851-869 MHz or 896-901/
935-940 MHz bands that are licensed on an exclusive basis, and normally 
employ digital signals for the transmission of data, text, control 
codes, or digitized voice may also be identified by digital transmission 
of the call sign. A licensee that identifies its station in this manner 
must provide the Commission, upon its request, information sufficient to 
decode the digital transmission and ascertain the call sign transmitted.

[47 FR 41032, Sept. 16, 1982, as amended at 58 FR 12177, Mar. 3, 1993]



Sec. 90.651  Supplemental reports required of licensees authorized under this subpart.

    (a) [Reserved]
    (b) Other trunked system licensees must report the number of mobile 
units being served annually, and at the time of filing applications for 
renewal of licenses. These reports should be filed with the Commission's 
Private Radio Bureau, Licensing Division, Land Mobile Branch in 
Gettysburg, PA 17326.
    (c) Licensees of conventional systems must report the number of 
mobile units placed in operation within 8 months of the date of the 
grant of their

[[Page 465]]

license. Such reports shall be filed within 30 days from that date.
    (d) Licensees of trunked systems must report, to the Commission's 
Private Radio Bureau, Licensing Division, Land Mobile Branch in 
Gettysburg, PA 17326, within thirteen months of the date of the grant, 
whether or not construction of the facility has been completed.

[47 FR 41032, Sept. 16, 1982, as amended at 47 FR 51883, Nov. 18, 1982; 
54 FR 38682, Sept. 20, 1989; 57 FR 40850, Sept. 8, 1992]



Sec. 90.653  Number of systems authorized in a geographical area.

    There shall be no limit on the number of systems authorized to 
operate in any one given area except that imposed by allocation 
limitations and no person shall have a right to protest any other 
proposal on grounds other than violation of any inconsistency with the 
provisions of this subpart.

[47 FR 41032, Sept. 16, 1982]



Sec. 90.655  Special licensing requirements for Specialized Mobile Radio systems.

    End users of conventional or trunked Specialized Mobile Radio 
systems that have control stations that require FAA clearance, as 
specified in subpart B of part 17 of Title 47 of the Code of Federal 
Regulations, 47 CFR 17.7-17.17, or that may have a significant 
environmental effect, as defined by Sec. 1.1307, or that are located in 
a ``quiet zone'', as defined by 47 CFR 90.177 must be individually 
licensed for such control stations prior to construction or operation. 
All other end users' operations will be within the scope of the base 
station licensee. All end users, however, continue to be responsible to 
comply with 47 CFR part 90 and other federal laws.

[57 FR 40850, Sept. 8, 1992]



Sec. 90.656  Responsibilities of base station licensees of Specialized Mobile Radio systems.

    (a) The licensees of base stations that provide Specialized Mobile 
Radio service on a commercial basis of the use of individuals, Federal 
government agencies, or persons eligible for licensing under either 
subparts B or C of this part will be responsible for exercising 
effective operational control over all mobile and control stations that 
communicate with the base station. The base station licensee will be 
responsible for assuring that its system is operated in compliance with 
all applicable rules and regulations.
    (b) Customers that operate mobile units on a particular Specialized 
Mobile Radio system will be licensed to that system. A customer that 
operates temporarily on more than one system will be deemed, when 
communicating with the other system, to be temporarily licensed to the 
other system and for that temporary period, the licensee of the other 
system will assume the same licensee responsibility for the customer's 
mobile station(s) as if the customer's stations were licensed to that 
other system.

[57 FR 40851, Sept. 8, 1992, as amended at 62 FR 18935, Apr. 17, 1997]



Sec. 90.657  Temporary permit.

    An applicant for a subpart S radio station license utilizing an 
already authorized facility may operate the radio station(s) for a 
period of up to 180 days under a temporary permit evidenced by a 
properly executed certification of FCC Form 572 after filing a formal 
application for station license, together with evidence of frequency 
coordination (when required), provided that the antenna(s) employed by 
the control station(s) is (are) 6.1 m (20 ft) or less above ground or 
6.1 m (20 ft) or less above a man-made structure other than an antenna 
tower to which it is affixed.

[58 FR 44964, Aug. 25, 1993]



Sec. 90.658  Loading data required for base station licensees of trunked Specialized Mobile Radio systems to acquire additional channels or to renew trunked 
          systems licensed before June 1, 1993.

    (a) A base station licensee of a trunked Specialized Mobile Radio 
system that applies for additional channels to expand an existing system 
or to construct a new system within 40 miles of its existing system, or 
a base station licensee of a trunked system applying for its first 
renewal in a waiting list area for a system licensed before June

[[Page 466]]

1, 1993 must identify on the appropriate application form the number of 
mobiles and control stations loaded on its system as calculated in 
paragraph (b) of this section.
    (b) The number described in paragraph (a) of this section must be 
calculated by averaging the number of mobiles and control stations 
operating on a licensee's system on the first business day of each of 
the six months immediately preceding the filing of an application and 
must be based on the licensee's business records for that period. 
Alternative calculations will be permitted upon good cause showings of 
special circumstances.
    (c) Business records may constitute invoices, customer service 
agreements, customer lists or any other type of record kept in the 
ordinary course of business.
    (d) The FCC will use the loading data required by this section to 
determine whether the licensee's existing system has a sufficient number 
of mobiles as required by 47 CFR chapter I to qualify for additional 
channels or for the first renewal of trunked systems licensed before 
June 1, 1993.

[57 FR 40851, Sept. 8, 1992]



Sec. 90.659  Change in number or location of base stations or transmitters.

    (a) Licensees of trunked Specialized Mobile Radio systems are exempt 
from the requirement under Sec. 90.135(a)(5) to file an application for 
modification of license when there is a change in the location or number 
of fixed, control, or mobile transmitters from that authorized, 
including area of mobile operations.
    (b) Licensees of conventional Specialized Mobile Radio channels are 
not exempt from the requirement under Sec. 90.135(a)(5) to file an 
application for modification of license when there is a change in the 
location or number of fixed, control, or mobile transmitters from that 
authorized, including area of mobile operations.
    (c) Licensees of trunked and conventional Specialized Mobile Radio 
systems are not exempt from the requirement under Sec. 90.135(a)(5) to 
file an application for modification of license when there is a change 
in the location or number of base stations.

[57 FR 40851, Sept. 8, 1992]

Policies Governing the Licensing and Use of MTA-Based SMR Systems in the 
                        896-901/935-940 MHz Band



Sec. 90.661  MTA-based SMR service areas.

    MTA licenses for SMR spectrum blocks in the 896-901/935-940 MHz band 
listed in table 4B of Sec. 90.617(d) are available in 51 Major Trading 
Areas (MTAs) as defined in Sec. 90.7. Within these MTAs, licenses will 
be authorized in ten channel blocks as specified in table 4B of 
Sec. 90.617(d) through the competitive bidding procedures described in 
subpart U of this part.

[60 FR 21991, May 4, 1995]



Sec. 90.663  MTA-based SMR system operations.

    (a) MTA-based licensees authorized in the 896-901/935-940 MHz band 
pursuant to Sec. 90.661 may construct and operate base stations using 
any frequency identified in their spectrum block anywhere within their 
authorized MTA, provided that:
    (1) The MTA licensee affords protection, in accordance with 
Sec. 90.621(b), to all sites for which applications were filed on or 
prior to August 9, 1994.
    (2) The MTA licensee complies with any rules and international 
agreements that restrict use of frequencies identified in their spectrum 
block, including the provisions of Sec. 90.619 relating to U.S./Canadian 
and U.S./Mexican border areas.
    (3) The MTA licensee limits its field strength at any location on 
the border of the MTA service area in accordance with Sec. 90.671 and 
masks its emissions in accordance with Sec. 90.669.
    (b) In the event that the authorization for a previously authorized 
co-channel station within the MTA licensee's authorized spectrum block 
is terminated or revoked, the MTA licensee's co-channel obligations to 
such station will cease upon deletion of the facility from the 
Commission's licensing record. The MTA licensee then will be able to 
construct and operate base stations using such frequency.

[60 FR 21991, May 4, 1995]

[[Page 467]]



Sec. 90.665  Authorization, construction and implementation of MTA licenses.

    (a) MTA licenses in the 896-901/935-940 MHz band will be issued for 
a term not to exceed ten years.
    (b) MTA licensees in the 896-901/935-940 MHz band will be permitted 
five years to construct their stations. This five-year period will 
commence with the issuance of the MTA-wide authorization and will apply 
to all of the licensee's stations within the MTA spectrum block, 
including any stations that may have been subject to an earlier 
construction deadline arising from a pre-existing authorization.
    (c) Each MTA licensee in the 896-901/935-940 MHz band must, three 
years from the date of license grant, construct and place into operation 
a sufficient number of base stations to provide coverage to at least 
one-third of the population of the MTA. Further, each MTA licensee must 
provide coverage to at least two-thirds of the population of the MTA 
five years from the date of license grant; or alternatively, demonstrate 
through a showing to the Commission that it is providing substantial 
service. The MTA licensee must meet the population coverage benchmarks 
regardless of the extent to which incumbent licensees are present within 
the MTA block.
    (d) MTA licensees who fail to meet the coverage requirements imposed 
at either the third or fifth years of their license term, or to make a 
convincing showing of substantial service, will forfeit the portion of 
the MTA license that exceeds licensed facilities constructed and 
operating on the date of the MTA license grant.

[60 FR 21991, May 4, 1995, as amended at 60 FR 48918, Sept. 21, 1995; 60 
FR 61487, Nov. 30, 1995]



Sec. 90.667  Grandfathering provisions for incumbent licensees.

    (a) These provisions apply to all 900 MHz SMR licensees who obtained 
licenses or filed applications for secondary sites on or before August 
9, 1994 (``incumbent licensees''), as well as to all 900 MHz SMR 
licensees who obtained authorizations pursuant to Sec. 90.173(k). An 
incumbent licensee's service area shall be defined by its originally-
licensed 40 dBu field strength contour. Incumbent licensees are 
permitted to add new or modify transmit sites in this existing service 
area without prior notification to the Commission so long as their 
original 40 dBu field strength contour is not expanded.
    (b) Incumbent licensees operating at multiple sites may, after grant 
of MTA licenses has been completed, exchange multiple site licenses for 
a single license, authorizing operations throughout the contiguous and 
overlapping 40 dBu field strength contours of the multiple sites. 
Incumbents exercising this license exchange option must submit specific 
information for each of their external base sites after the close of the 
900 MHz SMR auction.
    (c) Applications in the 900 MHz SMR service for secondary sites 
filed after August 9, 1994 shall be authorized on a secondary, non-
interference basis to MTA licensee operations. No secondary sites shall 
be granted on this basis in an MTA once the MTA licensee has been 
selected.

[60 FR 48918, Sept. 21, 1995]



Sec. 90.669  Emission limits.

    (a) On any frequency in an MTA licensee's spectrum block that is 
adjacent to a non-MTA frequency, the power of any emission shall be 
attenuated below the transmitter power (P) by at least 43 plus 10 
log10(P) decibels or 80 decibels, whichever is the lesser 
attenuation.
    Note: 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.
    (b) 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.

[60 FR 21992, May 4, 1995]



Sec. 90.671  Field strength limits.

    The predicted or measured field strength at any location on the 
border of the MTA service area for MTA licensees shall not exceed 40 
dBuV/m unless all bordering MTA licensees agree to a higher field 
strength. MTA licensees are also required to coordinate

[[Page 468]]

their frequency usage with so-channel adjacent MTA licensees and all 
other affected parties. To the extent that a single entity obtains 
licenses for adjacent MTAs on the same channel block, it will not be 
required to coordinate its operations in this manner. In the event that 
this standard conflicts with the MTA licensee's obligation to provide 
co-channel protection to incumbent licensees under Sec. 90.621(b), the 
requirements of Sec. 90.621(b) shall prevail.

[60 FR 21992, May 4, 1995]

Policies Governing the Licensing and Use of EA-Based SMR Systems in the 
                          806-821/851-866 Band

    Source: 61 FR 6158, 6159, Feb. 16, 1996, unless otherwise noted.



Sec. 90.681  EA-based SMR service areas.

    EA licenses in Spectrum Blocks A through V band listed in Table 4A 
of Sec. 90.617(d) are available in 175 Economic Areas (EAs) as defined 
in Sec. 90.7.

[62 FR 41216, July 31, 1997]



Sec. 90.683  EA-based SMR system operations.

    (a) EA-based licensees authorized in the 806-821/851-866 MHz band 
pursuant to Sec. 90.681 may construct and operate base stations using 
any of the base station frequencies identified in their spectrum block 
anywhere within their authorized EA, provided that:
    (1) The EA licensee affords protection, in accordance with 
Sec. 90.621(b), to all previously authorized co-channel stations that 
are not associated with another EA license;
    (2) The EA licensee complies with any rules and international 
agreements that restrict use of frequencies identified in their spectrum 
block, including the provisions of Sec. 90.619 relating to U.S./Canadian 
and U.S./Mexican border areas;
    (3) The EA licensee limits the field strength of its base stations 
at any location on the border of the EA service area in accordance with 
Sec. 90.689;
    (4) The EA licensee notifies the Commission within 30 days of the 
completion of the addition, removal, relocation or modification of any 
of its facilities within the EA. Such notification must be made by 
submitting an FCC Form 600 and must include the appropriate filing fee, 
if any; and
    (5) 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, WTB, Support Services Branch, Gettysburg, PA 17325.
    (6) Any additional transmitters placed in operation must not have a 
significant environmental effect as defined by Secs. 1.1301 through 
1.1319 of this chapter.
    (b) In the event that the authorization for a previously authorized 
co-channel station within the EA licensee's spectrum block is terminated 
or revoked, the EA licensee's co-channel obligations to such station 
will cease upon deletion of the facility from the Commission's official 
licensing records, and the EA licensee then will be able to construct 
and operate without regard to that previous authorization.

[61 FR 6158, 6159, Feb. 16, 1996, as amended at 62 FR 41216, July 31, 
1997]



Sec. 90.685  Authorization, construction and implementation of EA licenses.

    (a) EA licenses in the 806-821/851-866 MHz band will be issued for a 
term not to exceed ten years. Additionally, EA licensees generally will 
be afforded a renewal expectancy only for those stations put into 
service after August 10, 1996.
    (b) EA licensees in the 806-821/851-866 MHz band must, within three 
years of the grant of their initial license, construct and place into 
operation a sufficient number of base stations to provide coverage to at 
least one-third of the population of its EA-based service area. Further, 
each EA licensee must provide coverage to at least two-thirds of the 
population of the EA-based service area within five years of the grant 
of their initial license. Alternatively, EA licensees in Channel blocks 
D through V in the 806-821/851-866 MHz band must provide substantial 
service to their markets within five years of the grant of their initial 
license. Substantial service shall be defined as:

[[Page 469]]

``Service which is sound, favorable, and substantially above a level of 
mediocre service.''
    (c) Channel use requirement. In addition to the population coverage 
requirements described in this section, we will require EA licensees in 
Channel blocks A, B and C in the 816-821/861-866 MHz band to construct 
50 percent of the total channels included in their spectrum block in at 
least one location in their respective EA-based service area within 
three years of initial license grant and to retain such channel usage 
for the remainder of the construction period.
    (d) An EA licensee's failure to meet the population coverage 
requirements of paragraphs (b) and (c) of this section, will result in 
forfeiture of the entire EA license. Forfeiture of the EA license, 
however, would not result in the loss of any constructed facilities 
authorized to the licensee prior to the date of the commencement of the 
auction for the EA licenses.

[62 FR 41216, July 31, 1997]



Sec. 90.687  Special provisions regarding assignments and transfers of authorizations for incumbent SMR licensees in the 806-821/851-866 MHz band.

    An SMR licensee initially authorized on any of the channels listed 
in Table 4A of Sec. 90.617 may transfer or assign its channel(s) to 
another entity subject to the provisions of Secs. 90.153 and 90.609(b). 
If the proposed transferee or assignee is the EA licensee for the 
spectrum block to which the channel is allocated, such transfer or 
assignment presumptively will be deemed to be in the public interest. 
However, such presumption will be rebuttable.

[62 FR 41216, July 31, 1997]



Sec. 90.689  Field strength limits.

    (a) For purposes of implementing Secs. 90.689 through 90.699, 
predicted 36 and 40 dBV/m contours shall be calculated using 
Figure 10 of Sec. 73.699 of this chapter with a correction factor of -9 
dB, and predicted 18 and 22 dBV/m contours shall be calculated 
using Figure 10a of Sec. 73.699 of this chapter with a correction factor 
of -9 dB.
    (b) The predicted or measured field strength at any location on the 
border of the EA-based service area for EA licensees must not exceed 40 
dBuV/m unless all bordering EA licensees agree to a higher field 
strength. In the event that this standard conflicts with the EA 
licensee's obligation to provide co-channel protection to incumbent 
licensees pursuant to Sec. 90.621(b), the requirements of Sec. 90.621(b) 
shall prevail.

[61 FR 6158, 6159, Feb. 16, 1996, as amended at 62 FR 41216, July 31, 
1997]



Sec. 90.691  Emission mask requirements for EA-based systems.

    (a) Out-of-band emission requirement shall apply only to the 
``outer'' channels included in an EA license and to spectrum adjacent to 
interior channels used by incumbent licensees. The emission limits are 
as follows:
    (1) For any frequency removed from the EA licensee's frequency block 
by up to and including 37.5 kHz, the power of any emission shall be 
attenuated below the transmitter power (P) in watts by at least 116 
Log10(f/6.1) decibels or 50 + 10 Log10(P) decibels 
or 80 decibels, whichever is the lesser attenuation, where f is the 
frequency removed from the center of the outer channel in the block in 
kilohertz and where f is greater than 12.5 kHz.
    (2) For any frequency removed from the EA licensee's frequency block 
greater than 37.5 kHz, the power of any emission shall be attenuated 
below the transmitter power (P) in watts by at least 43 + 
10Log10(P) decibels or 80 decibels, whichever is the lesser 
attenuation, where f is the frequency removed from the center of the 
outer channel in the block in kilohertz and where f is greater than 37.5 
kHz.
    (b) 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. 90.693  Grandfathering provisions for incumbent licensees.

    (a) General provisions. These provisions apply to ``incumbent 
licensees'', all 800 MHz SMR licensees who obtained licenses or filed 
applications on or before December 15, 1995.
    (b) Spectrum blocks A through V. An incumbent licensee's service 
area shall be defined by its originally-licensed 40

[[Page 470]]

dBV/m field strength contour and its interference contour shall 
be defined as its originally-licensed 22 dBV/m field strength 
contour. Incumbent licensees are permitted to add, remove or modify 
transmitter sites within their original 22 dBV/m field strength 
contour without prior notification to the Commission so long as their 
original 22 dBV/m field strength contour is not expanded and 
the station complies with the Commission's short-spacing criteria in 
Secs. 90.621(b)(4) through 90.621(b)(6). The incumbent licensee must, 
however, notify the Commission within 30 days of the completion of any 
changes in technical parameters or additional stations constructed 
through a minor modification of their license. Such notification must be 
made by submitting an FCC Form 600 and must include the appropriate 
filing fee, if any. These minor modification applications are not 
subject to public notice and petition to deny requirements or mutually 
exclusive applications.
    (c) Special provisions for spectrum blocks D through V. Incumbent 
licensees that have received the consent of all affected parties to 
utilize an 18 dBV/m signal strength interference contour shall 
have their service area defined by their originally-licensed 36 
dBV/m field strength contour and its interference contour shall 
be defined as their originally-licensed 18 dBV/m field strength 
contour. Incumbent licensees are permitted to add, remove or modify 
transmitter sites within their original 18 dBV/m field strength 
contour without prior notification to the Commission so long as their 
original 18 dBV/m field strength contour is not expanded and 
the station complies with the Commission's short-spacing criteria in 
Secs. 90.621(b)(4) through 90.621(b)(6). The incumbent licensee must, 
however, notify the Commission within 30 days of the completion of any 
changes in technical parameters or additional stations constructed 
through a minor modification of their license. Such notification must be 
made by submitting an FCC Form 600 and must include the appropriate 
filing fee, if any. These minor modification applications are not 
subject to public notice and petition to deny requirements or mutually 
exclusive applications.
    (d) Consolidated license--(1) Spectrum blocks A through V. Incumbent 
licensees operating at multiple sites may, after grant of EA licenses 
has been completed, exchange multiple site licenses for a single 
license, authorizing operations throughout the contiguous and 
overlapping 40 dBV/m field strength contours of the multiple 
sites. Incumbents exercising this license exchange option must submit 
specific information for each of their external base sites after the 
close of the 800 MHz SMR auction.
    (2) Special provisions for spectrum blocks D through V. Incumbent 
licensees that have received the consent of all affected parties to 
utilize an 18 dBV/m signal strength interference contour 
operating at multiple sites may, after grant of EA licenses has been 
completed, exchange multiple site licenses for a single license. This 
single site license will authorize operations throughout the contiguous 
and overlapping 36 dBV/m field strength contours of the 
multiple sites. Incumbents exercising this license exchange option must 
submit specific information for each of their external base sites after 
the close of the 800 SMR auction.

[62 FR 41216, July 31, 1997]



Sec. 90.699  Transition of the upper 200 channels in the 800 MHz band to EA licensing.

    In order to facilitate provision of service throughout an EA, an EA 
licensee may relocate incumbent licensees in its EA by providing 
``comparable facilities'' on other frequencies in the 800 MHz band. Such 
relocation is subject to the following provisions:
    (a) EA licensees may negotiate with incumbent licensees as defined 
in Sec. 90.693 operating on frequencies in Spectrum Blocks A, B, and C 
for the purpose of agreeing to terms under which the incumbents would 
relocate their operations to other frequencies in the 800 MHz band, or 
alternatively, would accept a sharing arrangement with the EA licensee 
that may result in an otherwise impermissible level of interference to 
the incumbent licensee's operations. EA licensees may also negotiate 
agreements for relocation of

[[Page 471]]

the incumbents' facilities within Spectrum Blocks A, B or C in which all 
interested parties agree to the relocation of the incumbent's facilities 
elsewhere within these bands. ``All interested parties'' includes the 
incumbent licensee, the EA licensee requesting and paying for the 
relocation, and any EA licensee of the spectrum to which the incumbent's 
facilities are to be relocated.
    (b) The relocation mechanism consists of two phases that must be 
completed before an EA licensee may proceed to request the involuntary 
relocation of an incumbent licensee.
    (1) Voluntary negotiations. There is a one year voluntary period 
during which an EA licensee and an incumbent may negotiate any mutually 
agreeable relocation agreement. The Commission will announce the 
commencement of the first phase voluntary period by Public Notice. EA 
licensees must notify incumbents operating on frequencies included in 
their spectrum block of their intention to relocate such incumbents 
within 90 days of the release of the Public Notice that commences the 
voluntary negotiation period. Failure on the part of the EA licensee to 
notify the incumbent licensee during this 90 period of its intention to 
relocate the incumbent will result in the forfeiture of the EA 
licensee's right to request involuntary relocation of the incumbent at 
any time in the future.
    (2) Mandatory negotiations. If no agreement is reached by the end of 
the voluntary period, a one-year mandatory negotiation period will begin 
during which both the EA licensee and the incumbent must negotiate in 
``good faith.'' Failure on the part of the EA licensee to negotiate in 
good faith during this mandatory period will result in the forfeiture of 
the EA licensee's right to request involuntary relocation of the 
incumbent at any time in the future.
    (c) Involuntary relocation procedures. If no agreement is reached 
during either the voluntary or mandatory negotiating periods, the EA 
licensee may request involuntary relocation of the incumbent's system. 
In such a situation, the EA licensee must:
    (1) Guarantee payment of relocation costs, including all 
engineering, equipment, site and FCC fees, as well as any legitimate and 
prudent transaction expenses incurred by the incumbent 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. EA licensees are not required to pay 
incumbent licensees for internal resources devoted to the relocation 
process. EA licensees are not required to pay for transaction costs 
incurred by incumbent 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) Complete 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 frequencies and frequency 
coordination; and
    (3) Build the replacement system and test it for comparability with 
the existing 800 MHz system.
    (d) Comparable facilities. The replacement system provided to an 
incumbent during an involuntary relocation must be at least equivalent 
to the existing 800 MHz system with respect to the following four 
factors:
    (1) System. System is defined functionally from the end user's point 
of view (i.e., a system is comprised of base station facilities that 
operate on an integrated basis to provide service to a common end user, 
and all mobile units associated with those base stations). A system may 
include multiple-licensed facilities that share a common switch or are 
otherwise operated as a unitary system, provided that the end user has 
the ability to access all such facilities. A system may cover more than 
one EA if its existing geographic coverage extends beyond the EA 
borders.
    (2) Capacity. To meet the comparable facilities requirement, an EA 
licensee must relocate the incumbent to facilities that provide 
equivalent channel capacity. We define channel capacity

[[Page 472]]

as the same number of channels with the same bandwidth that is currently 
available to the end user. For example, if an incumbent's system 
consists of five 50 kHz (two 25 kHz paired frequencies) channels, the 
replacement system must also have five 50 kHz channels. If a different 
channel configuration is used, it must have the same overall capacity as 
the original configuration. Comparable channel capacity requires 
equivalent signaling capability, baud rate, and access time. In 
addition, the geographic coverage of the channels must be coextensive 
with that of the original system.
    (3) Quality of service. Comparable facilities must provide the same 
quality of service as the facilities being replaced. Quality of service 
is defined to mean that the end user enjoys the same level of 
interference protection on the new system as on the old system. In 
addition, where voice service is provided, the voice quality on the new 
system must be equal to the current system. Finally, reliability of 
service is considered to be integral to defining quality of service. 
Reliability is the degree to which information is transferred accurately 
within the system. Reliability is a function of equipment failures 
(e.g., transmitters, feed lines, antennas, receivers, battery back-up 
power, etc.) and the availability of the frequency channel due to 
propagation characteristics (e.g., frequency, terrain, atmospheric 
conditions, radio-frequency noise, etc.) For digital data systems, this 
will be measured by the percent of time the bit error rate exceeds the 
desired value. For analog or digital voice transmissions, this will be 
measured by the percent of time that audio signal quality meets an 
established threshold. If analog voice system is replaced with a digital 
voice system the resulting frequency response, harmonic distortion, 
signal-to-noise ratio, and reliability will be considered.
    (4) Operating costs. Operating costs are those costs that affect the 
delivery of services to the end user. If the EA licensee provides 
facilities that entail higher operating cost than the incumbent's 
previous system, and the cost increase is a direct result of the 
relocation, the EA licensee must compensate the incumbent for the 
difference. Costs associated with the relocation process can fall into 
several categories. First, the incumbent must be compensated for any 
increased recurring costs associated with the replacement facilitates 
(e.g., additional rental payments, increased utility fees). Second, 
increased maintenance costs must be taken into consideration when 
determining whether operating costs are comparable. For example, 
maintenance costs associated with analog systems may be higher than the 
costs of digital equipment because manufacturers are producing mostly 
digital equipment and analog replacement parts can be difficult to find. 
An EA licensee's obligation to pay increased operating costs will end 
five years after relocation has occurred.
    (e) If an EA licensee cannot provide comparable facilities to an 
incumbent licensee as defined in this section, the incumbent licensee 
may continue to operate its system on a primary basis in accordance with 
the provisions of this rule part.
    (f) Cost-sharing plan for 800 MHz SMR EA licensees. EA licensees are 
required to relocate the existing 800 MHz SMR licensee in these bands if 
interference to the existing incumbent operations would occur. All EA 
licensees who benefit from the spectrum clearing by other EA licensees 
must contribute, on a pro rata basis to such relocation costs. EA 
licensees may satisfy this requirement by entering into private cost-
sharing agreements or agreeing to terms other than those specified in 
this section. However, EA licensees are required to reimburse other EA 
licensees that incur relocation costs and are not parties to the 
alternative agreement as defined in this section.
    (1) Pro rata formula. EA licensees who benefit from the relocation 
of the incumbent must share the relocation costs on a pro rata basis. 
For purposes of determining whether an EA licensee benefits from the 
relocation of an incumbent, benefitted will be defined as any EA 
licensee that:
    (i) Notifies incumbents operating on frequencies included in their 
spectrum block of their intention to relocate such incumbents within 90 
days of the

[[Page 473]]

release of the Public Notice that commences the voluntary negotiation 
period; or
    (ii) Fails to notify incumbents operating on frequencies included in 
their spectrum block of their intention to relocate such incumbents 
within 90 days of the release of the Public Notice that commences the 
voluntary negotiation period, but subsequently decides to use the 
frequencies included in their spectrum block. EA licensees who do not 
participate in the relocation process will be prohibited from invoking 
mandatory negotiations or any of the provisions of the Commission's 
mandatory relocation guidelines. EA licensees who do not provide notice 
to the incumbent, but subsequently decide to use the frequencies in 
their EA will be required to reimburse, outside of the Commission's 
mandatory relocation guidelines, those EA licensees who have established 
a reimbursement right pursuant to paragraph (f)(3) of this section.
    (2) Triggering a reimbursement obligation. An EA licensees 
reimbursement obligation is triggered by:
    (i) Notification (i.e., files a copy of the relocation notice and 
proof of the incumbent's receipt of the notice to the Commission within 
ten days of receipt), to the incumbent within 90 days of the release of 
the Public Notice commencing the voluntary negotiation period of its 
intention to relocate the incumbent; or
    (ii) An EA licensee who does not provide notification within 90 days 
of the release of the Public Notice commencing the voluntary negotiation 
period, but subsequently decides to use the channels that were relocated 
by other EA licensees.
    (3) Triggering a reimbursement right. In order for the EA licensee 
to trigger a reimbursement right, the EA licensee must notify (i.e., 
files a copy of the relocation notice and proof of the incumbent's 
receipt of the notice to the Commission within ten days of receipt), the 
incumbent of its intention to relocate the incumbent within 90 days of 
the release of the Public Notice commencing the voluntary negotiation 
period, and subsequently negotiate and sign a relocation agreement with 
the incumbent. An EA licensee who relocates a channel outside of its 
licensed EA (i.e., one that is in another frequency block or outside of 
its market area), is entitled to pro rata reimbursement from non-
notifying EA licensees who subsequently exercise their right to the 
channels based on the following formula:
[GRAPHIC] [TIFF OMITTED] TR31JY97.002

Ci  equals the amount of reimbursement
Tc  equals the actual cost of relocating the incumbent
TCh  equals the total number of channels that are being relocated
Chj  equals the number of channels that each respective EA licensee will 
benefit from

    (4) Payment issues. EA licensees who benefit from the relocation of 
the incumbent will be required to submit their pro rata share of the 
relocation expense to EA licensees who have triggered a reimbursement 
right and have incurred relocation costs as follows:
    (i) For an EA licensee who, within 90 days of the release of the 
Public Notice announcing the commencement of the voluntary negotiation 
period, provides notice of its intention to relocate the incumbent, but 
does not participate or incur relocation costs in the relocation 
process, will be required to reimburse those EA licensees who have 
triggered a reimbursement right and have incurred relocation costs 
during the relocation process, its pro rata share when the channels of 
the incumbent have been cleared (i.e., the incumbent has been fully 
relocated and the channels are free and clear).
    (ii) For an EA licensee who does not, within 90 days of the release 
of the Public Notice announcing the commencement of the voluntary 
negotiation period, provide notice to the incumbent of its intention to 
relocate and does not incur relocation costs during the relocation 
process, but subsequently decides to use the channels in its EA, will be 
required to submit its pro rata share payment to those EA licensees who 
have triggered a reimbursement right and have incurred relocation costs 
during the relocation process prior to commencing testing of its system.

[[Page 474]]

    (5) Sunset of reimbursement rights. EA licensees who do not trigger 
a reimbursement obligation as set forth in paragraph (f)(2) of this 
section, shall not be required to reimburse EA licensees who have 
triggered a reimbursement right as set forth in paragraph (f)(3) of this 
section ten (10) years after the voluntary negotiation period begins for 
EA licensees (i.e., ten (10) years after the Commission releases the 
Public Notice commencing the voluntary negotiation period).
    (6) Resolution of disputes that arise during relocation. Disputes 
arising out of the costs of relocation, such as disputes over the amount 
of reimbursement required, will be encouraged to use expedited ADR 
procedures. ADR procedures provide several alternative methods such as 
binding arbitration, mediation, or other ADR techniques.
    (7) Administration of the cost-sharing plan. We will allow for an 
industry supported, not-for-profit clearinghouse to be established for 
purposes of administering the cost-sharing plan adopted for the 800 MHz 
SMR relocation procedures.

[62 FR 41217, July 31, 1997]



Subpart T--Regulations Governing Licensing and Use of Frequencies in the 
                            220-222 MHz Band

    Source: 56 FR 19603, Apr. 29, 1991, unless otherwise noted.



Sec. 90.701  Scope.

    (a) Frequencies in the 220-222 MHz band are available for land 
mobile and fixed use for both Government and non-Government operations. 
This subpart sets out the regulations governing the licensing and 
operation of non-Government systems operating in the 220-222 MHz band. 
It includes eligibility requirements, application procedures, and 
operational and technical standards for stations licensed in these 
bands. The rules in this subpart are to be read in conjunction with the 
applicable requirements contained elsewhere in this part; however, in 
case of conflicts, the provisions of this subpart shall govern with 
respect to licensing and operation in this frequency band.
    (b)(1) Licensees granted initial authorizations for operations in 
the 220-222 MHz band from among applications filed on or before May 24, 
1991 are referred to in this subpart as ``Phase I'' licensees;
    (2) Applicants that filed initial applications for operations in the 
220-222 MHz band on or before May 24, 1991 are referred to in this 
subpart as ``Phase I'' applicants; and
    (3) All assignments, operations, stations, and systems of licensees 
granted authorizations from among applications filed for operations in 
the 220-222 MHz band on or before May 24, 1991 are referred to in this 
subpart as ``Phase I'' assignments, operations, stations, and systems, 
respectively.
    (c)(1) Licensees granted initial authorizations for operations in 
the 220-222 MHz band from among applications filed after May 24, 1991 
are referred to in this subpart as ``Phase II'' licensees;
    (2) Applicants that filed initial applications for operations in the 
220-222 MHz band after May 24, 1991 are referred to in this subpart as 
``Phase II'' applicants; and
    (3) All assignments, operations, stations, and systems of licensees 
granted authorizations from among applications filed for operations in 
the 220-222 MHz band after May 24, 1991 are referred to in this subpart 
as ``Phase II'' assignments, operations, stations, and systems, 
respectively.
    (d) The rules in this subpart apply to both Phase I and Phase II 
licensees, applicants, assignments, operations, stations, and systems, 
unless otherwise specified.

[62 FR 15993, Apr. 3, 1997]



Sec. 90.703  Eligibility.

    The following persons are eligible for licensing in the 220-222 MHz 
band.
    (a) Any person eligible for licensing under subparts B or C of this 
part.
    (b) Any person proposing to provide communications service to any 
person eligible for licensing under subparts B or C of this part, on a 
not-for-profit, cost-shared basis.
    (c) Any person eligible under this part proposing to provide on a 
commercial basis, station and ancillary facilities for the use of 
individuals, federal

[[Page 475]]

government agencies and persons eligible for licensing under subparts B 
or C of this part.

[56 FR 19603, Apr. 29, 1991, as amended at 60 FR 15495, Mar. 24, 1995; 
62 FR 18935, Apr. 17, 1997]



Sec. 90.705  Forms to be used.

    Phase II applications for EA, Regional, or Nationwide radio 
facilities under this subpart must be prepared in accordance with 
Secs. 90.1009 and 90.1013. Phase II applications for radio facilities 
operating on public safety/mutual aid channels (Channels 161 through 
170) or emergency medical channels (Channels 181 through 185) under this 
subpart must be prepared on FCC Form 600 and submitted or filed in 
accordance with Sec. 90.127.

[62 FR 18935, Apr. 17, 1997]



Sec. 90.709  Special limitations on amendment of applications and on assignment or transfer of authorizations licensed under this subpart.

    (a) Except as indicated in paragraph (b) of this section, the 
Commission will not consent to the following:
    (1) Any request to amend an application so as to substitute a new 
entity as the applicant;
    (2) Any application to assign or transfer a license for a Phase I, 
non-nationwide system prior to the completion of construction of 
facilities; or
    (3) Any application to transfer or assign a license for a Phase I 
nationwide system before the licensee has constructed at least 40 
percent of the proposed system pursuant to the provisions of 
Sec. 90.725(a) or Sec. 90.725(h), as applicable.
    (b) The Commission will grant the applications described in 
paragrpah (a) of this section if:
    (1) the request to amend an application or to transfer or assign a 
license does not involve a substantial change in the ownership or 
control or the applicant; or
    (2) The changes in the ownership or control of the applciant are 
involuntary due to the original applicant's insolvency, bankruptcy, 
incapacity, or death.
    (c) The assignee or transferee of a Phase I nationwide system is 
subject to the construction benchmarks and reporting requirements of 
Sec. 90.725. The assignee or transferee of a Phase I nationwide system 
is not subject to the entry criteria described in Sec. 90.713.
    (d) A licensee may partially assign any authorization in accordance 
with Sec. 90.1019.
    (e) The assignee or transferee of a Phase II system is subject to 
the provisions of Sec. 90.1017 and Sec. 1.2111(a) of this chapter.

[56 FR 19603, Apr. 29, 1991, as amended at 57 FR 32449, July 22, 1992; 
62 FR 15993, Apr. 3, 1997; 63 FR 49295, Sept. 15, 1998]

    Effective Date Note:  At 63 FR 49295, Sept. 15, 1998, Sec. 90.709 
was amended by revising paragraph (d), effective Nov. 16, 1998. For the 
convenience of the user, the superseded text is set forth as follows:

Sec. 90.709  Special limitations on amendment of applications and on 
          assignment or transfer of authorizations licensed under this 
          subpart.

                                * * * * *

    (d) A licensee may not partially assign any authorization granted 
pursuant to the subpart.

                                * * * * *



Sec. 90.711  Processing of Phase II applications.

    (a) Phase II applications for authorizations on Channels 166 through 
170 and Channels 181 through 185 will be processed on a first-come, 
first-served basis. When multiple applications are filed on the same day 
for these frequencies in the same geographic area, and insufficient 
frequencies are available to grant all applications (i.e., if all 
applications were granted, violation of the station separation 
provisions of Sec. 90.723(k) would result), these applications will be 
considered mutually exclusive and will be subject to random selection 
procedures pursuant to Sec. 1.972 of this chapter.
    (1) All applications will first be considered to determine whether 
they are substantially complete and acceptable for filing. If so, they 
will be assigned a file number and put in pending status. If not, they 
will be dismissed.
    (2) Except as otherwise provided in this section, all applications 
in pending status will be processed in the order in which they are 
received, determined by

[[Page 476]]

the date on which the application was received by the Commission in its 
Gettysburg, Pennsylvania office (or the address set forth at Sec. 1.1102 
of this chapter for applications requiring the fees established by part 
1, subpart G of this chapter).
    (3) Each application that is accepted for filing will then be 
reviewed to determine whether it can be granted. Frequencies will be 
assigned by the Commission pursuant to the provisions of Sec. 90.723.
    (4) An application which is dismissed will lose its place in the 
processing line.
    (5) If an application is returned for correction and resubmitted and 
received by the Commission within 60 days from the date on which it was 
returned to the applicant, it will retain its place in the processing 
line. If it is not received within 60 days, it will lose its place in 
the processing line.
    (b) All applications for Channels 161 through 165 that comply with 
the applicable rules of this part shall be granted. Licensees operating 
on such channels shall cooperate in the selection and use of frequencies 
and resolve any instances of interference in accordance with the 
provisions of Sec. 90.173.
    (c) Phase II applications for authorization on all non-Government 
channels other than Channels 161 through 170 and 181 through 185 shall 
be processed in accordance with the provisions of subpart W of this 
part.

[62 FR 15993, Apr. 3, 1997, as amended at 63 FR 32590, June 12, 1998]



Sec. 90.713  Entry criteria.

    (a) As set forth in Sec. 90.717, four 5-channel blocks are available 
for nationwide, commercial use to non-Government, Phase I applicants. 
Applicants for these nationwide channel blocks must comply with 
paragraphs (b), (c), and (d) of this section.
    (b)(1) An applicant must include certification that, within ten 
years of receiving a license, it will construct a minimum of one base 
station in at least 70 different geographic areas designated in the 
application; that base stations will be located in a minimum of 28 of 
the 100 urban areas listed in Sec. 90.741; and that each base station 
will have all five assigned nationwide channels constructed and placed 
in operation (regularly interacting with mobile and/or portable units).
    (2) An applicant must include certification that it will meet the 
construction requirements set forth in Sec. 90.725.
    (3) An applicant must include a ten-year schedule detailing plans 
for construction of the proposed system.
    (4) An applicant must include an itemized estimate of the cost of 
constructing 40 percent of the system and operating the system during 
the first four years of the license term.
    (5) An applicant must include proof that the applicant has 
sufficient financial resources to construct 40 percent of the system and 
operate the proposed land mobile system for the first four years of the 
license term; i.e., that the applicant has net current assets sufficient 
to cover estimated costs or a firm financial commitment sufficient to 
cover estimated costs.
    (c) An applicant relying on personal or internal resources for the 
showing required in paragraph (b) of this section must submit 
independently audited financial statements certified within one year of 
the date of the application showing net current assets sufficient to 
meet estimated construction and operating costs. An applicant must also 
submit an unaudited balance sheet, current within 60 days of the date of 
submission, that clearly shows the continued availability of sufficient 
net current assets to construct and operate the proposed system, and a 
certification by the applicant or an officer of the applicant 
organization attesting to the validity of the balance sheet.
    (d) An applicant submitting evidence of a firm financial commitment 
for the showing required in paragraph (b) of this section must obtain 
the commitment from a bona fide commercially acceptable source, e.g., a 
state or federally chartered bank or savings and loan institution, other 
recognized financial institution, the financial arm of a capital 
equipment supplier, or an investment banking house. If the lender is not 
a state or federally chartered bank or savings and loan institution, 
other recognized financial institution, the financial arm of a capital 
equipment supplier, or an investment banking

[[Page 477]]

house, the lender must also demonstrate that it has funds available to 
cover the total commitments it has made. The lender's commitment shall 
contain a statement that the lender:
    (1) Has examined the financial condition of the applicant including 
an audited financial statement, and has determined that the applicant is 
creditworthy;
    (2) Has examined the financial viability of the proposed system for 
which the applicant intends to use the commitment; and
    (3) Is willing, if the applicant is seeking a Phase I, commercial 
nationwide license, to provide a sum to the applicant sufficient to 
cover the realistic and prudent estimated costs of construction of 40 
percent of the system and operation of the system for the first four 
years of the license term.
    (e) A Phase II applicant for authorization in a geographic area for 
Channels 166 through 170 in the public safety/mutual aid category may 
not have any interest in another pending application in the same 
geographic area for Channels 166 through 170 in the public safety/mutual 
aid category, and a Phase II applicant for authorization in a geographic 
area for channels in the emergency medical category may not have any 
interest in another pending application in the same geographic area for 
channels in the emergency medical category.

[62 FR 15994, Apr. 3, 1997, as amended at 62 FR 18935, Apr. 17, 1997]



Sec. 90.715  Frequencies available.

    (a) The following table indicates the channel designations of 
frequencies available for assignment to eligible applicants under this 
subpart. Frequencies shall be assigned in pairs, with base station 
frequencies taken from the 220-221 MHz band with corresponding mobile 
and control station frequencies being 1 MHz higher and taken from the 
221-222 MHz band. Only the lower half of the frequency pair(s) is listed 
in the table. Use of these frequencies in the Mexican and Canadian 
border areas is subject to coordination with those countries. See 
paragraph (c) of this section for special provisions concerning use in 
the Mexico border area.

                Table of 220-222 MHz Channel Designations
------------------------------------------------------------------------
                                                         Base frequency
                     Channel No.                             (MHz)
------------------------------------------------------------------------
1....................................................           220.0025
2....................................................              .0075
3....................................................              .0125
4....................................................              .0175
5....................................................              .0225
6....................................................              .0275
7....................................................              .0325
8....................................................              .0375
9....................................................              .0425
10...................................................              .0475
11...................................................              .0525
12...................................................              .0575
13...................................................              .0625
14...................................................              .0675
15...................................................              .0725
16...................................................              .0775
17...................................................              .0825
18...................................................              .0875
19...................................................              .0925
20...................................................              .0975
21...................................................           220.1025
22...................................................              .1075
23...................................................              .1125
24...................................................              .1175
25...................................................              .1225
26...................................................              .1275
27...................................................              .1325
28...................................................              .1375
29...................................................              .1425
30...................................................              .1475
31...................................................              .1525
32...................................................              .1575
33...................................................              .1625
34...................................................              .1675
35...................................................              .1725
36...................................................              .1775
37...................................................              .1825
38...................................................              .1875
39...................................................              .1925
40...................................................              .1975
41...................................................           220.2025
42...................................................              .2075
43...................................................              .2125
44...................................................              .2175
45...................................................              .2225
46...................................................              .2275
47...................................................              .2325
48...................................................              .2375
49...................................................              .2425
50...................................................              .2475
51...................................................              .2525
52...................................................              .2575
53...................................................              .2625
54...................................................              .2675
55...................................................              .2725
56...................................................              .2775
57...................................................              .2825
58...................................................              .2875
59...................................................              .2925
60...................................................              .2975
61...................................................           220.3025
62...................................................              .3075
63...................................................              .3125
64...................................................              .3175
65...................................................              .3225
66...................................................              .3275
67...................................................              .3325
68...................................................              .3375
69...................................................              .3425
70...................................................              .3475

[[Page 478]]

 
71...................................................              .3525
72...................................................              .3575
73...................................................              .3625
74...................................................              .3675
75...................................................              .3725
76...................................................              .3775
77...................................................              .3825
78...................................................              .3875
79...................................................              .3925
80...................................................              .3975
81...................................................           220.4025
82...................................................              .4075
83...................................................              .4125
84...................................................              .4175
85...................................................              .4225
86...................................................              .4275
87...................................................              .4325
88...................................................              .4375
89...................................................              .4425
90...................................................              .4475
91...................................................              .4525
92...................................................              .4575
93...................................................              .4625
94...................................................              .4675
95...................................................              .4725
96...................................................              .4775
97...................................................              .4825
98...................................................              .4875
99...................................................              .4925
100..................................................              .4975
101..................................................           220.5025
102..................................................              .5075
103..................................................              .5125
104..................................................              .5175
105..................................................              .5225
106..................................................              .5275
107..................................................              .5325
108..................................................              .5375
109..................................................              .5425
110..................................................              .5475
111..................................................              .5525
112..................................................              .5575
113..................................................              .5625
114..................................................              .5675
115..................................................              .5725
116..................................................              .5775
117..................................................              .5825
118..................................................              .5875
119..................................................              .5925
120..................................................              .5975
121..................................................           220.6025
122..................................................              .6075
123..................................................              .6125
124..................................................              .6175
125..................................................              .6225
126..................................................              .6275
127..................................................              .6325
128..................................................              .6375
129..................................................              .6425
130..................................................              .6475
131..................................................              .6525
132..................................................              .6575
133..................................................              .6625
134..................................................              .6675
135..................................................              .6725
136..................................................              .6775
137..................................................              .6825
138..................................................              .6875
139..................................................              .6925
140..................................................              .6975
141..................................................           220.7025
142..................................................              .7075
143..................................................              .7125
144..................................................              .7175
145..................................................              .7225
146..................................................              .7275
147..................................................              .7325
148..................................................              .7375
149..................................................              .7425
150..................................................              .7475
151..................................................              .7525
152..................................................              .7575
153..................................................              .7625
154..................................................              .7675
155..................................................              .7725
156..................................................              .7775
157..................................................              .7825
158..................................................              .7875
159..................................................              .7925
160..................................................              .7975
161..................................................           220.8025
162..................................................              .8075
163..................................................              .8125
164..................................................              .8175
165..................................................              .8225
166..................................................              .8275
167..................................................              .8325
168..................................................              .8375
169..................................................              .8425
170..................................................              .8475
171..................................................              .8525
172..................................................              .8575
173..................................................              .8625
174..................................................              .8675
175..................................................              .8725
176..................................................              .8775
177..................................................              .8825
178..................................................              .8875
179..................................................              .8925
180..................................................              .8975
181..................................................           220.9025
182..................................................              .9075
183..................................................              .9125
184..................................................              .9175
185..................................................              .9225
186..................................................              .9275
187..................................................              .9325
188..................................................              .9375
189..................................................              .9425
190..................................................              .9475
191..................................................              .9525
192..................................................              .9575
193..................................................              .9625
194..................................................              .9675
195..................................................              .9725
196..................................................              .9775
197..................................................              .9825
198..................................................              .9875
199..................................................              .9925
200..................................................           220.9975
------------------------------------------------------------------------

    (b) The 200 channels are divided into three sub-bands as follows:

[[Page 479]]



----------------------------------------------------------------------------------------------------------------
            Channel No.                    Sub-band                          Frequencies (MHz)
----------------------------------------------------------------------------------------------------------------
  1-40.............................  A...................  220.0025-220.1975/221.0025-221.1975
 41-160............................  C...................  220.2025-220.7975/221.2025-221.7975
161-200............................  B...................  220.8025-220.9975/221.8025-221.9975
----------------------------------------------------------------------------------------------------------------

    (c) U.S./Mexico border area. (1) Channels 16-30, 45-60, 76-90, 106-
120, 136-145, 156-165, 178-194 are available for primary use within the 
United States within 120 km (74.6 mi) of the Mexican border, subject to 
the power and antenna height conditions specified in Sec. 90.729 and the 
use restrictions specified in Secs. 90.717-90.721.
    (2) Channels 195-200 are available to both the United States and 
Mexico in the border area on an unprotected basis. Use is limited to a 
maximum effective radiated power (ERP) of 2 watts and a maximum antenna 
height of 6.1 meters (20 ft) above ground.
    (3) Channels allotted for primary Mexican use (1-15, 31-45, 61-75, 
91-105, 121-135, 146-155, and 166-177) may be used in the border area 
subject to the condition that the power flux density not exceed-86 dB(W/
m\2\) at or beyond any point on the border. Stations operating under 
this provision will be considered secondary and will not be granted 
protection from harmful interference from stations that have primary use 
of the frequencies.

[56 FR 19603, Apr. 29, 1991, as amended at 57 FR 55148, Nov. 24, 1992]



Sec. 90.717  Channels available for nationwide systems in the 220-222 MHz band.

    (a) Channels 51-60, 81-90, and 141-150 are 10-channel blocks 
available to non-Government applicants only for nationwide Phase II 
systems.
    (b) Channels 21-25, 26-30, 151-155, and 156-160 are 5-channel blocks 
available to non-Government applicants only for nationwide, commercial 
Phase I systems.
    (c) Channels 111-115 and 116-120 are 5-channel blocks available for 
Government nationwide use only.

[62 FR 15994, Apr. 3, 1997]



Sec. 90.719  Individual channels available for assignment in the 220-222 MHz band.

    (a) Channels 171 through 200 are available to both Government and 
non-Government Phase I applicants, and may be assigned singly or in 
contiguous channel groups.
    (b) Channels 171 through 180 are available for any use by Phase I 
applicants consistent with this subpart.
    (c) Channels 181 through 185 are set aside in Phase II for emergency 
medical use for applicants that meet the eligibility criteria of 
Sec. 90.20(a)(1)(iii) or Sec. 90.20(a)(2)(xiii).
    (d) Channels 161 through 170 and 181 through 185 are the only 220-
222 MHz channels available to Phase II non-nationwide, Government users.

[62 FR 15994, Apr. 3, 1997, as amended at 62 FR 18936, Apr. 17, 1997]



Sec. 90.720  Channels available for public safety/mutual aid.

    (a) Part 90 licensees who meet the eligibility criteria of 
Secs. 90.20(a)(1), 90.20(a)(2)(i), 90.20(a)(2)(ii), 90.20(a)(2)(iii), 
90.20(a)(2)(iv), 90.20(a)(2)(vii), 90.20(a)(2)(ix), or 90.20(a)(2)(xiii) 
are authorized by this rule to use mobile and/or portable units on 
Channels 161-170 throughout the United States, its territories, and 
possessions to transmit:
    (1) Communications relating to the immediate safety of life;
    (2) Communications to facilitate interoperability among entities 
eligible under Secs. 90.20(a)(1), 90.20(a)(2)(i), 90.20(a)(2)(ii), 
90.20(a)(2)(iii), 90.20(a)(2)(iv), 90.20(a)(2)(vii), 90.20(a)(2)(ix), 
and 90.20(a)(2)(xiii); or
    (3) Communications on behalf of and by members of organizations 
established for disaster relief purposes having an emergency radio 
communications plan (i.e., licensees eligible under 
Sec. 90.20(a)(2)(vii)) for the transmission of communications relating 
to the safety

[[Page 480]]

of life or property, the establishment and maintenance of temporary 
relief facilities, and the alleviation of emergency conditions during 
periods of actual or impending emergency, or disaster, until 
substantially normal conditions are restored; for limited training 
exercises incidental to an emergency radio communications plan, and for 
necessary operational communications of the disaster relief organization 
or its chapter affiliates.
    (b) Any Government entity and any non-Government entity eligible to 
obtain a license under Secs. 90.20(a)(1), 90.20(a)(2)(i), 
90.20(a)(2)(ii), 90.20(a)(2)(iii), 90.20(a)(2)(iv), 90.20(a)(2)(vii), 
90.20(a)(2)(ix), or 90.20(a)(2)(xiii) is also eligible to obtain a 
license for base/mobile operations on Channels 161 through 170. Base/
mobile or base/portable communications on these channels that do not 
relate to the immediate safety of life or to communications 
interoperability among the above-specified entities, may only be 
conducted on a secondary non-interference basis to such communications.

[62 FR 18936, Apr. 17, 1997]



Sec. 90.721   Other channels available for non-nationwide systems in the 220-222 MHz band.

    (a) The channel groups listed in the following Table are available 
to both Government and non-Government Phase I applicants for trunked 
operations or operations of equivalent or greater efficiency for non-
commercial or commercial operations.

                 Table 1--Phase I Trunked Channel Groups
------------------------------------------------------------------------
                     Group No.                          Channel Nos.
------------------------------------------------------------------------
1.................................................        1-31-61-91-121
2.................................................        2-32-62-92-122
3.................................................        3-33-63-93-123
4.................................................        4-34-64-94-124
5.................................................        5-35-65-95-125
6.................................................        6-36-66-96-126
7.................................................        7-37-67-97-127
8.................................................        8-38-68-98-128
9.................................................        9-39-69-99-129
10................................................      10-40-70-100-130
11................................................      11-41-71-101-131
12................................................      12-42-72-102-132
13................................................      13-43-73-103-133
14................................................      14-44-74-104-134
15................................................      15-45-75-105-135
16................................................      16-46-76-106-136
17................................................      17-47-77-107-137
18................................................      18-48-78-108-138
19................................................      19-49-79-109-139
20................................................      20-50-80-110-140
------------------------------------------------------------------------

    (b) The channels listed in the following Table are available to non-
Government applicants for Phase II assignments in Economic Areas (EAs) 
and Regional Economic Area Groupings (REAGs) (see Secs. 90.761 and 
90.763).

                              Table 2--Phase II EA and Regional Channel Assignments
----------------------------------------------------------------------------------------------------------------
                                                                                                        Channel
                Assignment                     Assignment area          Group Nos. (from table 1)         Nos.
----------------------------------------------------------------------------------------------------------------
A........................................  EA                       2 and 13.........................
B........................................  EA                       3 and 16.........................
C........................................  EA                       5 and 18.........................
D........................................  EA                       8 and 19.........................
E........................................  EA                       .................................    171-180
F........................................  REAG                     1, 6, and 11.....................
G........................................  REAG                     4, 9, and 14.....................
H........................................  REAG                     7, 12, and 17....................
I........................................  REAG                     10, 15, and 20...................
J........................................  REAG                     .................................    186-200
----------------------------------------------------------------------------------------------------------------


[62 FR 15995, Apr. 3, 1997]



Sec. 90.723   Selection and assignment of frequencies.

    (a) Phase II applications for frequencies in the 220-222 MHz band 
shall specify whether their intended use is for 10-channel nationwide 
systems, 10-channel EA systems, 15-channel Regional systems, public 
safety/mutual aid use, or emergency medical use. Phase II applicants for 
frequencies for public safety/mutual aid use or emergency medical use 
shall specify the number of frequencies requested. All frequencies in 
this band will be assigned by the Commission.
    (b) Phase II channels will be assigned pursuant to Secs. 90.717, 
90.719, 90.720, 90.721, 90.761 and 90.763.
    (c) Phase II applicants for public safety/mutual aid and emergency 
medical channels will be assigned only the number of channels justified 
to meet their requirements.
    (d) Phase I base or fixed station receivers utilizing 221-222 MHz 
frequencies assigned from Sub-band A as designated in Sec. 90.715(b) 
will be geographically separated from those Phase I base or fixed 
station transmitters utilizing 220-221 MHz frequencies removed

[[Page 481]]

200 kHz or less and assigned from Sub-band B as follows:

Geographic Separation of Sub-Band A; Base or Fixed Station Receivers and
        Sub-Band B; Base or Fixed Station Transmitters Effective
------------------------------------------------------------------------
                                                               Radiated
              Separation distance (kilometers)                  power
                                                             (watts) \1\
------------------------------------------------------------------------
0.0-0.3....................................................        (\2\)
0.3-0.5....................................................            5
0.5-0.6....................................................           10
0.6-0.8....................................................           20
0.8-2.0....................................................           25
2.0-4.0....................................................           50
4.0-5.0....................................................          100
5.0-6.0....................................................          200
Over 6.0...................................................          500
------------------------------------------------------------------------
\1\ Transmitter peak envelope power shall be used to determine effective
  radiated power.
\2\ Stations separated by 0.3 km or less shall not be authorized. This
  table does not apply to the low-power channels 196-200. See Sec.
  90.729(c).

    (e) Phase II licensees authorized on 220-221 MHz frequencies 
assigned from Sub-band B will be required to geographically separate 
their base station or fixed station transmitters from the base station 
or fixed station receivers of Phase I licensees authorized on 221-222 
MHz frequencies 200 kHz removed or less in Sub-band A in accordance with 
the Table in paragraph (d) of this section. Such Phase II licensees will 
not be required to geographically separate their base station or fixed 
station transmitters from receivers associated with additional 
transmitter sites that are added by such Phase I licensees in accordance 
with the provisions of Sec. 90.745(a).
    (f) Phase II licensees with base or fixed stations transmitting on 
220-221 MHz frequencies assigned from Sub-band B and Phase II licensees 
with base or fixed stations receiving on Sub-band A 221-222 MHz 
frequencies, if such transmitting and receiving frequencies are 200 kHz 
or less removed from one another, will be required to coordinate the 
location of their base stations or fixed stations to avoid interference 
and to cooperate to resolve any instances of interference in accordance 
with the provisions of Sec. 90.173(b).
    (g) Phase I licensees with base or fixed stations transmitting on 
220-221 MHz frequencies assigned from Sub-band B and Phase I licensees 
with base or fixed stations receiving on Sub-band A 221-222 MHz 
frequencies (if such transmitting and receiving frequencies are 200 kHz 
or less removed from one another) that add, remove, or modify station 
sites in accordance with the provisions of Sec. 90.745(a) will be 
required to coordinate such actions with one another to avoid 
interference and to cooperate to resolve any instances of interference 
in accordance with the provisions of Sec. 90.173(b).
    (h) Phase I licensees with base or fixed stations transmitting on 
220-221 MHz frequencies assigned from Sub-band B that add, remove, or 
modify station sites in accordance with the provisions of Sec. 90.745(a) 
will be required to coordinate such actions with Phase II licensees with 
base or fixed stations receiving on Sub-band A 221-222 MHz frequencies 
200 kHz or less removed.
    (i) A mobile station is authorized to transmit on any frequency 
assigned to its associated base station. Mobile units not associated 
with base stations (see Sec. 90.720(a)) must operate on ``mobile'' 
channels.
    (j) A licensee's fixed station is authorized to transmit on any of 
the licensee's assigned base station frequencies or mobile station 
frequencies.
    (k) Except for nationwide assignments, the separation of co-channel 
Phase I base stations, or fixed stations transmitting on base station 
frequencies, shall be 120 kilometers. Except for Phase I licensees 
seeking license modification in accordance with the provisions of 
Secs. 90.751 and 90.753, shorter separations between such stations will 
be considered by the Commission on a case-by-case basis upon submission 
of a technical analysis indicating that at least 10 dB protection will 
be provided to an existing Phase I station's predicted 38 dBu signal 
level contour. The existing Phase I station's predicted 38 dBu signal 
level contour shall be calculated using the F(50,50) field strength 
chart for Channels 7-13 in Sec. 73.699 (Fig. 10) of this chapter, with a 
9 dB correction factor for antenna height differential. The 10 dB 
protection to the existing Phase I station's predicted 38 dBu signal 
level contour shall be calculated using the F(50,10) field strength 
chart for Channels 7-13 in Sec. 73.699 (Fig. 10a) of this chapter,

[[Page 482]]

with a 9 dB correction factor for antenna height differential.

[62 FR 15995, Apr. 3, 1997, as amended at 62 FR 18936, Apr. 17, 1997; 63 
FR 32590, June 12, 1998]



Sec. 90.725   Construction requirements for Phase I licensees.

    (a) Licensees granted commercial nationwide authorizations will be 
required to construct base stations and placed those base stations in 
operation as follows:
    (1) In at least 10 percent of the geographic areas designated in the 
application within two years of initial license grant, including base 
stations in at least seven urban areas listed in Sec. 90.741 of this 
part;
    (2) In at least 40 percent of the geographic areas designated in the 
application within four years of initial license grant, including base 
stations in at least 28 urban areas listed in Sec. 90.741 of this part;
    (3) In at least 70 percent of the geographic areas designated in the 
application within six years of initial license grant, including base 
stations in at least 28 urban areas listed in Sec. 90.741 of this part;
    (4) In all geographic areas designated in the application within ten 
years of initial license grant, including base stations in at least 28 
urban areas listed in Sec. 90.741 of this part.
    (b) Licensees not meeting the two and four year criteria shall lose 
the entire authorization, but will be permitted a six month period to 
convert the system to non-nationwide channels, if such channels are 
available.
    (c) Licensees not meeting the six and ten year criteria shall lose 
the authorizations for the facilities not constructed, but will retain 
exclusivity for constructed facilities.
    (d) Each commercial nationwide licensee must file a system progress 
report on or before the anniversary date of the grant of its license 
after 2, 4, 6 and 10 years, demonstrating compliance with the relevant 
construction benchmark criteria.
    (1) An overall status report of the system, that must include, but 
need not be limited to:
    (i) A list of all sites at which base stations have been 
constructed, with antenna heights and effective radiated power specified 
for each site;
    (ii) A list of all other known base station sites at which 
construction has not been completed; and
    (iii) A construction and operational schedule for the next five-year 
period, including any known changes to the plan for construction and 
operation submitted with the licensee's original application for the 
system.
    (2) An analysis of the system's compliance with the requirements of 
paragraph (a) of this section, with documentation to support 
representations of completed construction, including, but not limited 
to:
    (i) Equipment purchase orders and contracts;
    (ii) Lease or purchase contracts relating to antenna site 
arrangements;
    (iii) Equipment and antenna identification (serial) numbers; and
    (iv) Service agreements and visits.
    (e) Beginning with its second license term, each nationwide licensee 
must file a progress report once every five years on the anniversary 
date of the grant of the first renewal of its authorization, including 
the information required by paragraph (d)(1) of this section.
    (f) Licensees authorized Phase I non-nationwide systems, or 
authorized on Channels 161 through 170 or Channels 181 through 185, must 
construct their systems (i.e., have all specified base stations 
constructed with all channels) and place their systems in operation, or 
commence service in accordance with the provisions of Sec. 90.167, 
within twelve months of the initial license grant date. Authorizations 
for systems not constructed and placed in operation, or having commenced 
service, within twelve months from the date of initial license grant 
cancel automatically.
    (g) A licensee that loses authorization for some or all of its 
channels due to failure to meet construction deadlines or benchmarks may 
not reapply for nationwide channels in the same category or for non-
nationwide channels in the same category in the same geographic area for 
one year from the date the Commission takes final action affirming that 
those channels have been cancelled.

[[Page 483]]

    (h) The requirements and conditions of paragraphs (a) through (e) 
and paragraph (g) of this section apply to nationwide licensees that 
construct and operate stations for fixed or paging operations on a 
primary basis instead of, or in addition to, stations for land mobile 
operations on a primary basis except that, in satisfying the base 
station construction and placed in operation requirements of paragraph 
(a) of this section and the system progress report requirements of 
paragraphs (d) and (e) of this section, licensees operating stations for 
fixed operation on a primary basis instead of, or in addition to, 
stations for land mobile or paging operations on a primary basis in a 
given geographic area may demonstrate how such fixed stations are 
providing substantial service to the public in those geographic areas.

[56 FR 19603, Apr. 29, 1991, as amended at 56 FR 32517, July 17, 1991; 
57 FR 32450, July 22, 1992; 58 FR 36363, July 7, 1993; 62 FR 15996, Apr. 
3, 1997; 63 FR 49295, Sept. 15, 1998]

    Effective Date Note:  At 63 FR 49295, Sept. 15, 1998, Sec. 90.725 
was amended by revising paragraph (a) introductory text, effective Nov. 
16, 1998. For the convenience of the user, the superseded text is set 
forth as follows:

Sec. 90.725  Construction requirements for Phase I licensees.

    (a) Licensees granted commercial nationwide authorizations will be 
required to construct base stations having a minimum of five assigned 
nationwide channels and place those base stations in operation as 
follows:

                                * * * * *



Sec. 90.727   Extended implementation schedules for Phase I licensees.

    Except for nationwide and commercial systems, a period of up to 
three (3) years may be authorized for constructing and placing a system 
in operation if:
    (a) The applicant submits justification for an extended 
implementation period. The justification must include reasons for 
requiring an extended construction period, the proposed construction 
schedule (with milestones), and must show either that:
    (1) The proposed system will serve a large fleet of mobile units and 
will involve a multi-year cycle for its planning, approval, funding, 
purchase, and construction; or
    (2) The proposed system will require longer than 8 months to place 
in operation because of its purpose, size, or complexity; or
    (3) The proposed system is to be part of a coordinated or integrated 
area-wide system which will require more than 8 months to construct; or
    (4) The applicant is a local governmental agency and demonstrates 
that the government involved is required by law to follow a multi-year 
cycle for planning, approval, funding, and purchasing the proposed 
system.
    (b) Authorizations under this section are conditioned upon the 
licensee's compliance with the submitted extended implementation 
schedule. Failure to meet the schedule will result in loss of 
authorizations for facilities not constructed.

[56 FR 19603, Apr. 29, 1991, as amended at 56 FR 32517, July 17, 1991]



Sec. 90.729  Limitations on power and antenna height.

    (a) The permissible effective radiated power (ERP) with respect to 
antenna heights for land mobile, paging, or fixed stations transmitting 
on frequencies in the 220-221 MHz band shall be determined from the 
following Table. These are maximum values and applicants are required to 
justify power levels requested.

                    ERP vs. Antenna Height Table \2\
------------------------------------------------------------------------
                                                               Effective
                                                                radiated
     Antenna height above average terrain (HAAT), meters         power,
                                                               watts \1\
------------------------------------------------------------------------
Up to 150....................................................        500
150 to 225...................................................        250
225 to 300...................................................        125
300 to 450...................................................         60
450 to 600...................................................         30
600 to 750...................................................         20
750 to 900...................................................         15
900 to 1050..................................................         10
Above 1050...................................................          5
------------------------------------------------------------------------
\1\ Transmitter PEP shall be used to determine ERP.
\2\ These power levels apply to stations used for land mobile, paging,
  and fixed operations.

    (b) The maximum permissible ERP for mobile units is 50 watts. 
Portable units are considered as mobile units. Licensees operating fixed 
stations or paging base stations transmitting on frequencies in the 221-
222 MHz band

[[Page 484]]

may not operate such fixed stations or paging base stations at power 
levels greater than 50 watts ERP, and may not transmit from antennas 
that are higher than 7 meters above average terrain, except that 
transmissions from antennas that are higher than 7 meters above average 
terrain will be permitted if the effective radiated power of such 
transmissions is reduced below 50 watts ERP by 20 log10(h/7) 
dB, where h is the height above average terrain (HAAT), in meters.
    (c) Base station and fixed station transmissions on base station 
transmit Channels 196-200 are limited to 2 watts ERP and a maximum 
antenna HAAT of 6.1 meters (20 ft). Licensees authorized on these 
channels may operate at power levels above 2 watts ERP or with a maximum 
antenna HAAT greater than 6.1 meters (20 ft) if:
    (1) They obtain the concurrence of all Phase I and Phase II 
licensees with base stations or fixed stations receiving on base station 
receive Channels 1-40 and located within 6 km of their base station or 
fixed station; and
    (2) Their base station or fixed station is not located in the United 
States/Mexico or United States/Canada border areas.

[62 FR 15996, Apr. 3, 1997, as amended at 63 FR 32590, June 12, 1998]



Sec. 90.733  Permissible operations.

    (a) Systems authorized in the 220-222 MHz band may be used:
    (1)(i) For government and non-government land mobile operations, 
i.e., for base/mobile and mobile relay transmissions, on a primary 
basis; or
    (ii) For the following operations instead of or in addition to a 
licensee's land mobile operations: One-way or two-way paging operations 
on a primary basis by all non-Government Phase II licensees, fixed 
operations on a primary basis by all non-Government Phase II licensees 
and all Government licensees, one-way or two-way paging or fixed 
operations on a primary basis by all non-Government Phase I licensees, 
except that before a non-Government Phase I licensee may operate one-way 
or two-way paging or fixed systems on a primary basis instead of or in 
addition to its land mobile operations, it must meet the following 
requirements:
    (A) A nationwide Phase I licensee must;
    (1) Meet its two-year benchmark for the construction of its land 
mobile system base stations as prescribed in Sec. 90.725(a); and
    (2) Provide a new 10-year schedule, as required in 
Sec. 90.713(b)(3), for the construction of the fixed and/or paging 
system it intends to construct instead of, or in addition to, its 
nationwide land mobile system; and
    (3) Certify that the financial showings and all other certifications 
provided in demonstrating its ability to construct and operate its 
nationwide land mobile system, as required in Secs. 90.713 (b), (c) and 
(d), remain applicable to the nationwide system it intends to construct 
consisting of fixed and/or paging operations on a primary basis instead 
of, or in addition to, its land mobile operations; or
    (4) In lieu of providing the requirements of paragraph 
(a)(1)(ii)(A)(3) of this section, provide the financial showings and all 
other certifications required in Secs. 90.713 (b), (c) and (d) to 
demonstrate its ability to construct and operate a nationwide system 
consisting of fixed and/or paging operations on a primary basis instead 
of, or in addition to, its land mobile operations.
    (B) A non-nationwide Phase I licensee must first meet the 
requirement to construct its land mobile base station and place it in 
operation, or commence service (in accordance with Sec. 90.167) as 
prescribed in Sec. 90.725(f) or Sec. 90.727, as applicable.
    (2) Only by persons who are eligible for facilities under either 
this subpart or in the pools included in subpart B or C of this part.
    (3) Except for licensees classified as CMRS providers under part 20 
of this chapter, only for the transmission of messages or signals 
permitted in the services in which the participants are eligible.
    (b) See Sec. 90.720 of this part for permissible operations on 
mutual aid channels.
    (c) For operations requiring less than a 4 kHz bandwidth, more than 
a single

[[Page 485]]

emission may be utilized within the authorized bandwidth. In such cases, 
the frequency stability requirements of Sec. 90.213 do not apply, but 
the out-of-band emission limits of Sec. 90.210(f) must be met.
    (d) Licensees, except for licensees authorized on Channels 161 
through 170 and 181 through 185, may combine any number of their 
authorized, contiguous channels (including channels derived from 
multiple authorizations) to form channels wider than 5 kHz.
    (e) In combining authorized, contiguous channels (including channels 
derived from multiple authorizations) to form channels wider than 5 kHz, 
the emission limits in Sec. 90.210(f) must be met only at the outermost 
edges of the contiguous channels. Transmitters shall be tested to 
confirm compliance with this requirement with the transmission located 
as close to the band edges as permitted by the design of the 
transmitter. The frequency stability requirements in Sec. 90.213 shall 
apply only to the outermost of the contiguous channels authorized to the 
licensee. However, the frequency stability employed for transmissions 
operating inside the outermost contiguous channels must be such that the 
emission limits in Sec. 90.210(f) are met over the temperature and 
voltage variations prescribed in Sec. 2.995 of this chapter.
    (f) A Phase I non-nationwide licensee operating a paging base 
station, or a fixed station transmitting on frequencies in the 220-221 
MHz band, may only operate such stations at the coordinates of the 
licensee's authorized land mobile base station.
    (g) The transmissions of a Phase I non-nationwide licensee's paging 
base station, or fixed station transmitting on frequencies in the 220-
221 MHz band, must meet the requirements of Secs. 90.723(d), (g), (h), 
and (k), and 90.729, and such a station must operate at the effective 
radiated power and antenna height-above-average-terrain prescribed in 
the licensee's land mobile base station authorization.
    (h) Licensees using 220-222 MHz spectrum for geophysical telemetry 
operations are authorized to operate fixed stations on a secondary, non-
interference basis to licensees operating in the 220-222 MHz band on a 
primary basis under the conditions that such licensees:
    (1) Provide notification of their operations to co-channel non-
nationwide Phase I licensees with an authorized base station, or fixed 
station transmitting on frequencies in the 220-221 MHz band, located 
within 45 km of the secondary licensee's station, to co-channel, Phase 
II EA or Regional licensee authorized to operate in the EA or REAG in 
which the secondary licensee's station is located, and to co-channel 
Phase I or Phase II nationwide licensees;
    (2) Operate only at temporary locations in accordance with the 
provisions of Sec. 90.137;
    (3) Not transmit at a power level greater than one watt ERP;
    (4) Not transmit from an antenna higher than 2 meters (6.6 feet) 
above ground; and
    (5) Not operate on Channels 111 through 120, 161 through 170, or 181 
through 185.
    (i) All licensees constructing and operating base stations or fixed 
stations on frequencies in the 220-222 MHz band must:
    (1) Comply with any rules and international agreements that restrict 
use of their authorized frequencies, including the provisions of 
Sec. 90.715 relating to U.S./Mexican border areas;
    (2) Comply with the provisions of Sec. 17.6 of this chapter with 
regard to antenna structures; and
    (3) Comply with the provisions of Secs. 1.1301 through 1.1319 of 
this chapter with regard to actions that may or will have a significant 
impact on the quality of the human environment.

[56 FR 19603, Apr. 29, 1991, as amended at 56 FR 32517, July 17, 1991; 
57 FR 32450, July 22, 1992; 59 FR 59967, Nov. 21, 1994; 62 FR 15997, 
Apr. 3, 1996; 62 FR 18936, Apr. 17, 1997; 63 FR 32591, June 12, 1998]



Sec. 90.735  Station identification.

    (a) Except for nationwide systems authorized in the 220-222 MHz 
band, station identification is required pursuant to Sec. 90..425 of 
this part.
    (b) Trunked systems shall employ an automatic device to transmit the 
call sign of the base station at 30 minute intervals. The identification 
shall be made on the lowest frequency in the

[[Page 486]]

base station trunked group assigned to the licensee. If this frequency 
is in use at the time identification is required, the identification may 
be made at the termination of the communication in progress on this 
frequency.
    (c) Station identification may be by voice or International Morse 
Code. If the call sign is transmitted in International Morse Code, it 
must be at a rate of between 15 to 20 words per minute, and by means of 
tone modulation of the transmitter, with the tone frequency being 
between 800 and 1000 hertz.
    (d) Digital transmissions may also be identified by digital 
transmission of the station call sign. A licensee that identifies its 
station in this manner must provide the Commission, upon its request, 
information (such as digital codes and algorithms) sufficient to 
decipher the data transmission to ascertain the call sign transmitted.

[56 FR 19603, Apr. 29, 1991, as amended at 62 FR 15997, Apr. 3, 1997]



Sec. 90.737  Supplemental reports required of Phase I licensees.

    (a) Licensees of nationwide systems must submit progress reports 
pursuant to Sec. 90.725(d) of this part.
    (b) Licensees offering service on a commercial basis must maintain 
records of the names and addresses of each customer and the dates that 
service commenced and terminated. These records must be made available 
to the Commission upon request. Such licensees must report at the time 
of license renewal the number of mobile units being served.
    (c) Non-commercial trunked system licensees must report at the time 
of license renewal the number of mobile units being served.
    (d) Except for licensees of nationwide systems, all licensees must 
report whether construction of the facility has been completed within 
eight months of the date of initial grant of their respective licenses.
    (e) All reports must be filed with the Land Mobile Branch, Licensing 
Division, Wireless Telecommunications Bureau, Gettysburg, PA 17326.

[56 FR 19603, Apr. 29, 1991, as amended at 56 FR 32517, July 17, 1991; 
60 FR 50123, Sept. 28, 1995]



Sec. 90.739  Number of systems authorized in a geographical area.

    There is no limit on the number of licenses that may be authorized 
to a single licensee.

[62 FR 46214, Sept. 2, 1997]



Sec. 90.741  Urban areas for Phase I nationwide systems.

    Licensees of Phase I nationwide systems must construct base 
stations, or fixed stations transmitting on frequencies in the 220-221 
MHz band, in a minimum of 28 of the urban areas listed in the following 
Table within ten years of initial license grant. A base station, or 
fixed station, is considered to be within one of the listed urban areas 
if it is within 60 kilometers (37.3 miles) of the specified coordinates.

                                  Table
------------------------------------------------------------------------
                                        North Latitude   West Longitude
              Urban Area               ---------------------------------
                                         deg.   '   ''   deg.    '    ''
------------------------------------------------------------------------
New York, New York--Northeastern New
 Jersey...............................   40    45   06    73     59   39
Los Angeles-Long Beach, California....   34    03   15   118     14   28
  Chicago, Illinois--Northwestern
 Indiana..............................   41    52   28    87     38   22
Philadelphia, Pennsylvania/New Jersey.   39    56   58    75     09   21
Detroit, Michigan.....................   42    19   48    83     02   57
Boston, Massachusetts.................   42    21   24    71     03   25
San Francisco-Oakland, California.....   37    46   39   122     24   40
Washington, DC/Maryland/Virginia......   38    53   51    77     00   33
Dallas-Fort Worth, Texas..............   32    47   09    96     47   37
Houston, Texas........................   29    45   26    95     21   37
St. Louis, Missouri/Illinois..........   38    37   45    90     12   22
Miami, Florida........................   25    46   37    80     11   32
Pittsburgh, Pennsylvania..............   40    26   19    80     00   00
Baltimore, Maryland...................   39    17   26    76     36   45
Minneapolis-St. Paul, Minnesota.......   44    58   57    93     15   43
Cleveland, Ohio.......................   41    29   51    81     41   50
Atlanta, Georgia......................   33    45   10    84     23   37
San Diego, California.................   32    42   53   117     09   21
Denver, Colorado......................   39    44   58   104     59   22
Seattle-Everett, Washington...........   47    36   32   122     20   12
Milwaukee, Wisconsin..................   43    02   19    87     54   15
Tampa, Florida........................   27    56   58    82     27   25
Cincinnati, Ohio/Kentucky.............   39    06   07    84     30   35
Kansas City, Missouri/Kansas..........   39    04   56    94     35   20
Buffalo, New York.....................   42    52   52    78     52   21
Phoenix, Arizona......................   33    27   12   112     04   28
San Jose, California..................   37    20   16   121     53   24
Indianapolis, Indiana.................   39    46   07    86     09   46
New Orleans, Louisiana................   29    56   53    90     04   10
Portland, Oregon/Washington...........   45    31   06   122     40   35
Columbus, Ohio........................   39    57   47    83     00   17
Hartford, Connecticut.................   41    46   12    72     40   49
San Antonio, Texas....................   29    25   37    98     29   06
Rochester, New York...................   43    09   41    77     36   21
Sacramento, California................   38    34   57   121     29   41
     Memphis, Tennessee/Arkansas/
 Mississippi..........................   35    08   46    90     03   13
Louisville, Kentucky/Indiana..........   38    14   47    85     45   49
Providence-Pawtucket-Warwick, RI/MA...   41    49   32    71     24   41
Salt Lake City, Utah..................   40    45   23   111     53   26
Dayton, Ohio..........................   39    45   32    84     11   43

[[Page 487]]

 
Birmingham, Alabama...................   33    31   01    86     48   36
Bridgeport, Connecticut...............   41    10   49    73     11   22
Norfolk-Portsmouth, Virginia..........   36    51   10    76     17   21
Albany-Schenectady-Troy, New York.....   42    39   01    73     45   01
Oklahoma City, Oklahoma...............   35    28   26    97     31   04
Nashville-Davidson, Tennessee.........   36    09   33    86     46   55
Toledo, Ohio/Michigan.................   41    39   14    83     32   39
New Haven, Connecticut................   41    18   25    72     55   30
Honolulu, Hawaii......................   21    19   00   157     52   00
Jacksonville, Florida.................   30    19   44    81     39   42
Akron, Ohio...........................   41    05   00    81     30   44
Syracuse, New York....................   43    03   04    76     09   14
Worcester, Massachusetts..............   42    15   37    71     48   17
Tulsa, Oklahoma.......................   36    09   12    95     59   34
Allentown-Bethlehem-Easton, PA/NJ.....   40    36   11    75     28   06
Richmond, Virginia....................   37    32   15    77     26   09
Orlando, Florida......................   28    32   42    81     22   38
Charlotte, North Carolina.............   35    13   44    80     50   45
Springfield-Chicopee-Holyoke, MA/CT...   42    06   21    72     35   32
Grand Rapids, Michigan................   42    58   03    85     40   13
Omaha, Nebraska/Iowa..................   41    15   42    95     56   14
Youngstown-Warren, Ohio...............   41    05   57    80     39   02
Greenville, South Carolina............   34    50   50    82     24   01
Flint, Michigan.......................   43    00   50    83     41   33
 Wilmington, Delaware/New Jersey/
 Maryland.............................   39    44   46    75     32   51
Raleigh-Durham/North Carolina.........   35    46   38    78     38   21
West Palm Beach, Florida..............   26    42   36    80     03   07
Oxnard-Simi Valley-Ventura, California   34    12   00   119     11   00
Fresno, California....................   36    44   12   119     47   11
Austin, Texas.........................   30    16   09    97     44   37
Tucson, Arizona.......................   32    13   15   110     58   08
Lansing, Michigan.....................   42    44   01    84     33   15
Knoxville, Tennessee..................   35    57   39    83     55   07
Baton Rouge, Louisiana................   30    26   58    91     11   00
El Paso, Texas........................   31    45   36   106     29   11
Tacoma, Washington....................   47    14   59   122     26   15
Mobile, Alabama.......................   30    41   36    88     02   33
Harrisburg, Pennsylvania..............   40    15   43    76     52   59
Albuquerque, New Mexico...............   35    05   01   106     39   05
Canton, Ohio..........................   40    47   50    81     22   37
Chattanooga, Tennessee/Georgia........   35    02   41    85     18   32
Wichita, Kansas.......................   37    41   30    97     20   16
Charleston, South Carolina............   32    46   35    79     55   53
San Juan, Puerto Rico.................   18    28   00    66     07   00
   Little Rock-North Little Rock,
 Arkansas.............................   34    44   42    92     16   37
Las Vegas, Nevada.....................   36    10   20   115     08   37
Columbia, South Carolina..............   34    00   02    81     02   00
Fort Wayne, Indiana...................   41    04   21    85     08   26
Bakersfield, California...............   35    22   31   119     01   16
Davenport-Rock Island-Moline, IA/IL...   41    31   00    90     35   00
Shreveport, Louisiana.................   32    30   46    93     44   58
Des Moines, Iowa......................   41    35   14    93     37   00
Peoria, Illinois......................   40    41   42    89     35   33
Newport News-Hampton, Virginia........   36    59   30    76     26   00
Jackson, Mississippi..................   32    17   56    90     11   06
Augusta, Georgia/South Carolina.......   33    28   20    81     58   00
Spokane, Washington...................   47    39   32   117     25   33
Corpus Christi, Texas.................   27    47   51    97     23   45
Madison, Wisconsin....................   43    04   23    89     22   55
Colorado Springs, Colorado............   38    50   07   104     49   16
------------------------------------------------------------------------

    Note: The geographic coordinates given are from the Department of 
Commerce publication of 1947: ``Air-line Distances Between Cities in the 
United States'' and from data supplied by the National Geodetic Survey. 
The coordinates are determined by using the first city mentioned as the 
center of the urban area.

[56 FR 19603, Apr. 29, 1991, as amended at 56 FR 32517, July 17, 1991; 
60 FR 37277, July 19, 1995; 62 FR 15997, Apr. 3, 1997]



Sec. 90.743  Renewal expectancy.

    (a) All licensees seeking renewal of their authorizations at the end 
of their license term must file a renewal application in accordance with 
the provisions of Sec. 90.149. Licensees must demonstrate, in their 
application, that:
    (1) They have provided ``substantial'' service during their past 
license term. ``Substantial'' service is defined in this rule as service 
that is sound, favorable, and substantially above a level of mediocre 
service that just might minimally warrant renewal; and
    (2) They have substantially complied with applicable FCC rules, 
policies, and the Communications Act of 1934, as amended.
    (b) In order to establish its right to a renewal expectancy, a 
renewal applicant 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) For an EA, Regional, or nationwide licensee, an explanation of 
its record of expansion, including a timetable of the construction of 
new stations to meet changes in demand for service;
    (3) A description of its investments in its system;
    (4) Copies of all FCC orders finding the licensee to have violated 
the Communications Act or any FCC rule or policy; and
    (5) A list of any pending proceedings that relate to any matter 
described in this paragraph.
    (c) Phase I non-nationwide licensees have license terms of 5 years, 
and therefore must meet these requirements 5 years from the date of 
initial authorization in order to receive a renewal expectancy. Phase I 
nationwide licensees and all Phase II licensees have license terms of 10 
years, and therefore must meet these requirements 10 years from the date 
of initial

[[Page 488]]

authorization in order to receive a renewal expectancy.

[62 FR 15997, Apr. 3, 1997]



Sec. 90.745  Phase I licensee service areas.

    (a) A Phase I licensee's service area shall be defined by the 
predicted 38 dBu service contour of its authorized base station or fixed 
station transmitting on frequencies in the 220-221 MHz band at its 
initially authorized location or at the location authorized in 
accordance with Secs. 90.751, 90.753, 90.755 and 90.757 if the licensee 
has sought modification of its license to relocate its initially 
authorized base station. The Phase I licensee's predicted 38 dBu service 
contour is calculated using the F(50,50) field strength chart for 
Channels 7-13 in Sec. 73.699 (Fig. 10) of this chapter, with a 9 dB 
correction factor for antenna height differential, and is based on the 
authorized effective radiated power (ERP) and antenna height-above-
average-terrain of the licensee's base station or fixed station. Phase I 
licensees are permitted to add, remove, or modify transmitter sites 
within their existing service area without prior notification to the 
Commission so long as their predicted 38 dBu service contour is not 
expanded. The incumbent licensee must, however, notify the Commission 
within 30 days of the completion of any changes in technical parameters 
or additional stations constructed through a minor modification of its 
license. Such notification must be made by submitting the appropriate 
FCC form and must include the appropriate filing fee, if any. These 
minor modification applications are not subject to public notice and 
petition to deny requirements or mutually exclusive applications.
    (b) Phase I licensees holding authorizations for service areas that 
are contiguous and overlapping may exchange these authorizations for a 
single license, authorizing operations throughout the contiguous and 
overlapping service areas. Phase I licensees exercising this license 
exchange option must submit specific information for each of their 
external base station sites.

[63 FR 32591, June 12, 1998]



Sec. 90.751  Minor modifications of Phase I, non-nationwide licenses.

    Phase I non-nationwide licensees will be given an opportunity to 
seek modification of their license to relocate their initially 
authorized base station, i.e., locate their base station at a site other 
than its initially authorized location. The conditions under which 
modifications will be granted and the procedures for applying for 
license modifications are described in Secs. 90.753, 90.755, and 90.757. 
For CMRS licensees, these modifications will be treated as minor 
modifications in accordance with Sec. 90.164.

[62 FR 15998, Apr. 3, 1997]



Sec. 90.753  Conditions of license modification.

    (a) Except as provided in paragraphs (b), and (c) of this section, a 
Phase I non nationwide licensee may modify its authorization to relocate 
its authorized base station up to one-half the distance over 120 km 
toward any co-channel licensee's initially authorized base station, to a 
maximum distance of 8 km.
    (b) A Phase I non-nationwide licensee with an authorized base 
station located outside a Designated Filing Area (DFA) (see Public 
Notice, DA 86-173, 52 FR 1302 (January 12, 1987)) may modify its 
authorization to relocate its authorized base station up to one-half the 
distance over 120 km toward any co-channel licensee's initially 
authorized base station, to a maximum distance of 25 km, so long as the 
base station is relocated no more than 8 km inside of any DFA (i.e., no 
more than 8 km from the nearest DFA boundary line).
    (c) A Phase I non-nationwide licensee that has been granted Special 
Temporary Authority (STA) to operate at an alternative base station 
location may modify its authorization to seek permanent authorization at 
that location, regardless of whether locating the station at the STA 
site is in strict conformance with the provisions of paragraphs (a) and 
(b) of this section, if the licensee certifies that such a modification 
is in conformance with Secs. 90.723 and 90.729 and:

[[Page 489]]

    (1) It has constructed its base station and has placed it in 
operation, or commenced service, at the STA site on or before January 
26, 1996; or
    (2) It has taken delivery of its base station transceiver on or 
before January 26, 1996.
    (d) The application of a Phase I non-nationwide licensee proposing a 
base station modification resulting in less than 120 km separation from 
a co-channel licensee's initially authorized base station will be 
accepted by the Commission only with the consent of that co-channel 
licensee, as evidenced in a letter submitted concurrently with the 
licensee's application.
    (e) The application of a Phase I non-nationwide licensee proposing a 
base station modification resulting in at least a 120 km separation from 
each co-channel licensee's initially authorized base station but more 
than one-half the distance over 120 km toward any co-channel licensee's 
initially authorized base station will be accepted by the Commission 
only with the consent of that co-channel licensee, as evidenced in a 
letter submitted concurrently with the licensee's application.

[61 FR 3845, Feb. 2, 1996]



Sec. 90.755  Procedures for license modification.

    (a) A Phase I non-nationwide licensee seeking modification of its 
authorization to relocate its authorized base station in accordance with 
the provisions of Sec. 90.753 must file the following on or before May 
1, 1996:
    (1) Form 600 requesting license modification, and providing all 
applicable information;
    (2) Certification that the location of its proposed base station is 
in conformance with the provisions of Sec. 90.753, or, as provided in 
Sec. 90.753(d), a letter evidencing consent of a co-channel licensee 
that the licensee may be authorized less than 120 km from the co-channel 
licensee;
    (3) If applicable, the required certification by a licensee with a 
Special Temporary Authority, in accordance with Sec. 90.753(c);
    (4) If applicable, certification that the licensee has constructed 
its base station and placed it in operation, or commenced service, at 
its initially authorized location on or before March 11, 1996.
    (b) A licensee seeking modification of its authorization to relocate 
its base station in accordance with the provisions of Sec. 90.753, 
should file, on or before March 11, 1996, either a modification 
application, as provided in paragraph (a) of this section, or a letter 
certifying to the Commission its intent to file an application to modify 
its authorization to relocate its base station. For a licensee that has 
not constructed its authorized base station and placed it in operation, 
or commenced service, by March 11, 1996, this filing will serve to 
extend the licensee's construction requirement in accordance with the 
provisions of Sec. 90.757.

[61 FR 3845, Feb. 2, 1996]



Sec. 90.757  Construction requirements.

    (a) Except as provided in paragraph (b) of this section, a Phase I 
non-nationwide licensee that is granted modification of its 
authorization to relocate its base station must construct its base 
station and place it in operation, or commence service, on all 
authorized channels on or before August 15, 1996, or within 12 months of 
initial grant date, whichever is later. The authorization of a licensee 
that does not construct its base station and place it in operation, or 
commence service, by this date, cancels automatically and must be 
returned to the Commission.
    (b) A Phase I non-nationwide licensee with a base station authorized 
at a location north of Line A must construct its base station and place 
it in operation, or commence service, on all authorized channels within 
12 months of initial grant date, or within 12 months of the date of the 
release of the terms of an agreement between the United States and 
Canadian governments on the sharing of 220-222 MHz spectrum between the 
two countries, whichever is later. The authorization of a licensee that 
does not construct its base station and place it in operation, or 
commence service, by this date, cancels automatically and must be 
returned to the Commission.

[61 FR 3845, Feb. 2, 1996]

[[Page 490]]

 Policies Governing the Licensing and Use of Phase II EA, Regional and 
                           Nationwide Systems

    Source: 62 FR 15998, 15999, Apr. 3, 1997, unless otherwise noted.



Sec. 90.761  EA and Regional licenses.

    (a) EA licenses for spectrum blocks listed in Table 2 of 
Sec. 90.721(b) are available in 175 Economic Areas (EAs) as defined in 
Sec. 90.7.
    (b) Regional licenses for spectrum blocks listed in Table 2 of 
Sec. 90.721(b) are available in six Regional Economic Area Groupings 
(REAGs) as defined in Sec. 90.7.



Sec. 90.763  EA, Regional and nationwide system operations.

    (a) A nationwide licensee authorized pursuant to Sec. 90.717(a) may 
construct and operate any number of land mobile or paging base stations, 
or fixed stations, anywhere in the Nation, and transmit on any of its 
authorized channels, provided that the licensee complies with the 
requirements of Sec. 90.733(i).
    (b) An EA or Regional licensee authorized pursuant to Sec. 90.761 
may construct and operate any number of land mobile or paging base 
stations, or fixed stations, anywhere within its authorized EA or REAG, 
and transmit on any of its authorized channels, provided that:
    (1) The licensee affords protection to all authorized co-channel 
Phase I non-nationwide base stations as follows:
    (i) The EA or Regional licensee must locate its land mobile or 
paging base stations, or fixed stations transmitting on base station 
transmit frequencies, at least 120 km from the land mobile or paging 
base stations, or fixed stations transmitting on base station transmit 
frequencies, of co-channel Phase I licensees, except that separations of 
less than 120 km shall be considered on a case-by-case basis upon 
submission by the EA or Regional licensee of:
    (A) A technical analysis demonstrating at least 10 dB protection to 
the predicted 38 dBu service contour of the co-channel Phase I licensee, 
i.e., demonstrating that the predicted 28 dBu interfering contour of the 
EA or Regional licensee's base station or fixed station does not overlap 
the predicted 38 dBu service contour of the co-channel Phase I 
licensee's base station or fixed station; or
    (B) A written letter from the co-channel Phase I licensee consenting 
to a separation of less than 120 km, or to less than 10 dB protection to 
the predicted 38 dBu service contour of the licensee's base station or 
fixed station.
    (ii) The Phase I licensee's predicted 38 dBu service contour 
referred to in paragraph (a)(1)(i) of this section is calculated using 
the F(50,50) field strength chart for Channels 7-13 in Sec. 73.699 (Fig. 
10) of this chapter, with a 9 dB correction factor for antenna height 
differential, and is based on the licensee's authorized effective 
radiated power and antenna height-above-average-terrain. The EA or 
Regional licensee's predicted 28 dBu interfering contour referred to in 
paragraph (a)(1)(i) of this section is calculated using the F(50,10) 
field strength chart for Channels 7-13 in Sec. 73.699 (Fig. 10a) of this 
chapter, with a 9 dB correction factor for antenna height differential.
    (2) The licensee complies with the requirements of Sec. 90.733(i).
    (3) The licensee limits the field strength of its base stations, or 
fixed stations operating on base station transmit frequencies, in 
accordance with the provisions of Sec. 90.771.
    (4) The licensee notifies the Commission within 30 days of the 
completion of the addition, removal, relocation or modification of any 
of its facilities within its authorized area of operation. Such 
notification must be made by submitting an FCC Form 600, and must 
include the appropriate filing fee, if any.
    (c) In the event that the authorization for a co-channel Phase I 
base station, or fixed station transmitting on base station transmit 
frequencies, within an EA or Regional licensee's border is terminated or 
revoked, the EA or Regional licensee's channel obligations to such 
stations will cease upon deletion of the facility from the Commission's 
official licensing records, and the EA or Regional licensee then will be 
able to construct and operate without regard to the previous 
authorization.

[[Page 491]]



Sec. 90.765  Licenses term for Phase II licenses.

    Nationwide licenses authorized pursuant to Sec. 90.717(a), EA and 
Regional licenses authorized pursuant to Sec. 90.761, and non-nationwide 
licenses authorized pursuant to Secs. 90.720 and 90.719(c) will be 
issued for a term not to exceed ten years.



Sec. 90.767  Construction and implementation of EA and Regional licenses.

    (a) An EA or Regional licensee must construct a sufficient number of 
base stations (i.e., base stations for land mobile and/or paging 
operations) to provide coverage to:
    (1) At least one-third of the population of its EA or REAG within 
five years of the issuance of its initial license; and
    (2) At least two-thirds of the population of its EA or REAG within 
ten years of the issuance of its initial license.
    (b) EA and Regional licensees offering fixed services as part of 
their system, and EA and Regional licensees that have one or more 
incumbent, co-channel Phase I licensees authorized within their EA or 
REAG may meet the construction requirements of paragraph (a) of this 
section by demonstrating an appropriate level of substantial service at 
their five- and ten-year benchmarks.
    (c) Licensees must submit maps or other supporting documents to 
demonstrate compliance with the construction requirements of paragraphs 
(a) and (b) of this section.
    (d) Failure by an EA or Regional licensee to meet the construction 
requirements of paragraph (a) or (b) of this section, as applicable, 
will result in automatic cancellation of its entire EA or Regional 
license. In such instances, EA or Regional licenses will not be 
converted to individual, site-by-site authorizations for already 
constructed stations.
    (e) EA and Regional licensees will not be permitted to count the 
resale of the services of other providers in their EA or REAG, e.g., 
incumbent, Phase I licensees, to meet the construction requirement of 
paragraph (a) or (b) of this section, as applicable.
    (f) EA and Regional licensees will not be required to construct and 
place in operation, or commence service on, all of their authorized 
channels at all of their base stations or fixed stations.



Sec. 90.769  Construction and implementation of Phase II nationwide licenses.

    (a) A nationwide licensee must construct a sufficient number of base 
stations (i.e., base stations for land mobile and/or paging operations) 
to provide coverage to:
    (1) A composite area of at least 750,000 square kilometers or 37.5 
percent of the United States population within five years of the 
issuance of its initial license; and
    (2) A composite area of at least 1,500,000 square kilometers or 75 
percent of the United States population within ten years of the issuance 
of its initial license.
    (b) Nationwide licensees offering fixed services as part of their 
system may meet the construction requirements of paragraph (a) of this 
section by demonstrating an appropriate level of substantial service at 
their five- and ten-year benchmarks.
    (c) Licensees must submit maps or other supporting documents to 
demonstrate compliance with the construction requirements of paragraphs 
(a) and (b) of this section.
    (d) Failure by a nationwide licensee to meet the construction 
requirements of paragraphs (a) or (b) of this section, as applicable, 
will result in automatic cancellation of its entire nationwide license. 
In such instances, nationwide licenses will not be converted to 
individual, site-by-site authorizations for already constructed 
stations.
    (e) Nationwide licensees will not be required to construct and place 
in operation, or commence service on, all of their authorized channels 
at all of their base stations or fixed stations.



Sec. 90.771  Field strength limits.

    (a) The transmissions from base stations, or fixed stations 
transmitting on base station transmit frequencies, of EA and Regional 
licensees may not exceed a predicted 38 dBu field strength

[[Page 492]]

at their EA or REAG border. The predicted 38 dBu field strength is 
calculated using the F(50,50) field strength chart for Channels 7-13 in 
Sec. 73.699 (Fig. 10) of this chapter, with a 9 dB correction factor for 
antenna height differential.
    (b) Licensees will be permitted to exceed the predicted 38 dBu field 
strength required in paragraph (a) of this section if all affected, co-
channel EA and Regional licensees agree to the higher field strength.
    (c) EA and Regional licensees must coordinate to minimize 
interference at or near their EA and REAG borders, and must cooperate to 
resolve any instances of interference in accordance with the provisions 
of Sec. 90.173(b).



Subpart U--Competitive Bidding Procedures for 900 MHz Specialized Mobile 
                              Radio Service

    Source: 60 FR 48919, Sept. 21, 1995, unless otherwise noted.



Sec. 90.801  900 MHz SMR subject to competitive bidding.

    Mutually exclusive initial applications to provide 900 MHz SMR 
service 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.



Sec. 90.802  Competitive bidding design for 900 MHz SMR licensing.

    The Commission will employ a simultaneous multiple round auction 
design when choosing from among mutually exclusive initial applications 
to provide 900 MHz SMR service, unless otherwise specified by the 
Wireless Telecommunications Bureau before the auction.



Sec. 90.803  Competitive bidding mechanisms.

    (a) Sequencing. The Wireless Telecommunications Bureau will 
establish and may vary the sequence in which 900 MHz SMR licenses will 
be auctioned.
    (b) Grouping. All 900 MHz SMR licenses for each of the MTAs will be 
auctioned simultaneously, unless the Wireless Telecommunications Bureau 
announces, by Public Notice prior to the auction, an alternative auction 
scheme.
    (c) Minimum bid increments. The Wireless Telecommunications Bureau 
will, by announcement before or during an auction, require minimum bid 
increments in dollar or percentage terms.
    (d) 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.
    (e) Activity rules. The Wireless Telecommunications Bureau 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, each bidder 
will be entitled to request and will be automatically granted a certain 
number of waivers of such rule during the auction.



Sec. 90.804  Aggregation of 900 MHz SMR licenses.

    The Commission will license each 10-channel block in the 900 MHz SMR 
spectrum separately. Applicants may aggregate across spectrum blocks 
within the limitation specified in Sec. 20.6(b) of this chapter.



Sec. 90.805  Withdrawal, default and disqualification payments.

    (a) During the course of an auction conducted pursuant to 
Sec. 90.802, the Wireless Telecommunications Bureau 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

[[Page 493]]

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. See 
Sec. 1.2104 (g)(2) of this chapter.

[60 FR 48919, Sept. 21, 1995, as amended at 63 FR 2349, Jan. 15, 1998]



Sec. 90.806  Bidding application (FCC Form 175 and 175-S Short-form).

    All applicants to participate in competitive bidding for 900 MHz SMR 
licenses must submit applications on FCC Forms 175 and 175-S pursuant to 
the provisions of Sec. 1.2105 of this chapter. The Wireless 
Telecommunications Bureau will issue a Public Notice announcing the 
availability of 900 MHz SMR 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 900 MHz SMR 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. In addition to identifying its 
status as a small business or rural telephone company, each applicant 
must indicate whether it is a minority-owned entity, as defined in 
Sec. 90.814(g) and/or a women-owned entity.



Sec. 90.807  Submission of upfront payments and down payments.

    (a) Each bidder in the 900 MHz SMR auction will be required to 
submit an upfront payment of $0.02 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.
    (b) Each winning bidder in the 900 MHz SMR auction shall make a down 
payment to the Commission in an amount sufficient to bring its total 
deposits up to 20 percent of its winning bid within five business days 
after the auction closes, and the remaining balance due on the license 
shall be paid within five business days after Public Notice announcing 
that the Commission is prepared to award the license. The grant of the 
application required by Sec. 90.808 is conditional upon receipt of full 
payment, except for small businesses that are winning bidders, which are 
governed by Sec. 90.811. The Commission generally will grant the license 
within ten (10) business days after the receipt of the remaining balance 
due on the license.



Sec. 90.808  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 
90.119 and any associated Public Notices. Only auction winners (and 
rural telephone companies and incumbent 900 MHz SMR licensees seeking 
partitioned licenses pursuant to agreements with auction winners under 
Sec. 90.813) will be eligible to file applications on FCC Form 600 for 
initial 900 MHz SMR licenses in the event of mutual exclusivity between 
applicants filing Form 175.



Sec. 90.809  License grant, denial, default, and disqualification.

    (a) 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. 90.805 or Sec. 1.2109 of this chapter, 
as applicable.
    (b) MTA licenses pursued through competitive bidding procedures will 
be granted pursuant to the requirements specified in Sec. 90.166.



Sec. 90.810  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. 90.814(b)(1)(i) may 
use a bidding credit of 15 percent to lower the cost of its winning bid 
on any of the blocks identified in Sec. 90.617(d), table 4B. A winning

[[Page 494]]

bidder that qualifies as a small business or a consortium of small 
businesses, (as defined in Sec. 90.814(b)(1)(ii) may use a bidding 
credit of 10 percent to lower the cost of its winning bid on any of the 
blocks identified in Sec. 90.617(d), table 4B.
    (b) Unjust Enrichment. (1) A small business seeking transfer or 
assignment of a license to an entity that is not a small business under 
the definitions in Sec. 90.814(b)(1) will be required to 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, before transfer will be permitted. The amount of this payment 
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: in year three of the license term the 
payment will be 75 percent; in year four the payment will be 50 percent 
and in year five the payment will be 25 percent, after which there will 
be no assessment. If a small business as defined in Sec. 90.814(b)(1)(i) 
seeks to transfer or assign a license to a small business as defined in 
Sec. 90.814(b)(1)(ii), the value of the bidding credit to be repaid is 
five percent, the difference between the 10 and 15 percent bidding 
credits. The five percent difference will be subject to the percentage 
reductions over time specified above. These payments must be paid back 
to the U.S. Treasury as a condition of approval of the assignment or 
transfer.
    (2) If a small business that utilizes a bidding credit under this 
section seeks to assign or transfer control of its license to a small 
business meeting the eligibility standards for lower bidding credits 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 Commission approval and reimburse the 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 as a condition of the approval 
of such assignment, transfer or other ownership change.



Sec. 90.811  Reduced down payment for licenses won by small businesses.

    Each winning bidder that qualifies as a small business shall make a 
down payment equal to ten 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 five percent 
of its net winning bid within five (5) business days after the auction 
closes, and the remainder of the down payment (five percent) shall be 
paid within five (5) business days following Public Notice that the 
Commission is prepared to award the license. The Commission generally 
will grant the license within ten (10) business days after receipt of 
the remainder of the down payment.



Sec. 90.812  Installment payments for licenses won by small businesses.

    (a) Installment payments. See Sec. 1.2110(f)(4) of this chapter.
    (b) Unjust enrichment. See Sec. 1.2111(c) of this chapter.

[63 FR 2349, Jan. 15, 1998]



Sec. 90.813  Partitioned licenses and disaggregated spectrum.

    (a) Eligibility. Parties seeking approval for partitioning and 
disaggregation shall request an authorization for partial assignment of 
a license pursuant to Sec. 90.153(c).
    (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 or Economic Area) or county lines are 
followed. The geographic coordinates must be specified in degrees, 
minutes, and seconds to the

[[Page 495]]

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.
    (c) Unjust enrichment--(1) Installment payments. Licensees that 
qualified under Sec. 90.812 to pay the net auction price for their 
licenses in 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 Sec. 90.812(b).
    (2) Bidding credits. Licensees that qualified under Sec. 90.810 to 
use a bidding credit at auction that 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 Sec. 90.810(b).
    (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 Sec. 90.812, 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 pursuant to Sec. 90.812, 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 paragraph (d)(1) of this section.
    (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

[[Page 496]]

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 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 paragraph (d)(1) of this section.
    (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. 90.665(a).
    (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. 90.665 for the partitioned 
license area; or
    (ii) The original licensee may certify that it has or will meet the 
construction requirements set forth in Sec. 90.665 for the entire 
market. In that case, the partitionee must only meet the requirements 
for renewal of its license for the partitioned license area.
    (iii) Applications requesting partial assignments of license for 
partitioning must include a certification by each geographic area 800 
MHz SMR licenses in the lower 230 channels will be awarded to small 
entities, as that term is defined by the SBA.
    (iv) Partitionees must submit supporting documents showing 
compliance with the respective construction requirements within the 
appropriate time frames set forth in Sec. 90.665.
    (v) Failure by any partitionee to meet its respective performance 
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 construction requirements for the market 
as set forth in Sec. 90.665. Parties may agree to share

[[Page 497]]

responsibility for meeting the construction requirements. Parties that 
accept responsibility for meeting the construction requirements and 
later fail to do so will be subject to license forfeiture without 
further Commission action.

[62 FR 41219, July 31, 1997]



Sec. 90.814  Definitions.

    (a) Scope. The definitions in this section apply to Secs. 90.810 
through 90.813, unless otherwise specified in those sections.
    (b) Small business: Consortium of small business:
    (1) A small business is an entity that either:
    (i) together with its affiliates, persons or entities that hold 
attributable interests in such entity, and their affiliates, has average 
gross revenues that are not more than $3 million for the preceding three 
years; or
    (ii) together with its affiliates, persons or entities that hold 
attributable interests in such entity, and their affiliates, 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, 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. 90.814(g).
    (3) 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 either definition of a small 
business in paragraphs (b)(1) and (b)(2) of this section. In a 
consortium of small businesses, each individual member must establish 
its eligibility as a small business, as defined in this section.
    (c) Rural telephone company. A rural telephone company is a local 
exchange carrier having 100,000 or fewer access lines, including all 
affiliates.
    (d) Gross revenues. For applications filed after December 31, 1994, 
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.
    (e) Businesses owned by members of minority groups and/or women. A 
business owned by members of minority groups and/or women in which 
minorities and/or women who are U.S. citizens control the applicant, 
have at least 50.1 percent equity ownership and, in the case of a 
corporate applicant, a 50.1 percent voting interest. For applicants that 
are partnerships, every general partner either must be a minority and/or 
woman (or minorities and/or women) who are U.S. citizens and who 
individually or together own at least 50.1 percent of the partnership 
equity, or an entity that is 100 percent owned and controlled by 
minorities and/or women who are U.S. citizens. The interests of 
minorities and women are to be calculated on a fully-diluted basis; 
agreements such as stock options and convertible debentures shall be 
considered to have a present effect on the power to control an entity 
and shall be treated as if the rights thereunder already have been fully 
exercised. However, upon a demonstration that options or conversion 
rights held by non-controlling principals will not deprive the minority 
and female principals of a substantial financial stake in the venture or 
impair their rights to control the designated entity, a designated 
entity may seek a waiver of the requirement that the equity of the 
minority and female principals must be calculated on a fully-diluted 
basis.
    (f) Members of minority groups. Members of minority groups includes 
Blacks, Hispanics, American Indians, Alaskan Natives, Asians, and 
Pacific Islanders.
    (g) Attributable interests. 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 licensee 
or applicant will be attributable.

[[Page 498]]

    (1) Multiplier. 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 line in the chain exceeds 50 percent 
or represents actual control, it shall be treated as if it were a 100 
percent interest.
    (2) [Reserved]
    (h) 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 (h)(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 (h)(2)(iii). In a corporation where the 
officers and directors own various size blocks 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 for paragraph (h)(3) introductory text. Two shareholders 
in Corporation Y each have attributable interests in the same SMR 
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 or interest) are treated as though they are one person and 
Corporation Y would be deemed an affiliate of the applicant.
    Example 2 for paragraph (h)(3) introductory text. One shareholder in 
Corporation Y, shareholder A, has an attributable interest in a SMR 
application. Another shareholder in Corporation Y, shareholder B, has a 
nonattributable interest in the same SMR 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 SMR application, 
Corporation Y would still be deemed an affiliate of the applicant.

    (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

[[Page 499]]

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 (h)(3)(ii). A owns a controlling interest in 
Corporation X. A's sister-in-law, B, has an attributable interest in an 
SMR 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 (h)(5). If company B holds an option to 
purchase a controlling interest in company A, who holds an attributable 
interest in an SMR 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 (h)(5). If a large company, BigCo, holds 70% 
(70 to 100 outstanding shares) of the voting stock of company A, who 
holds an attributable interest in an SMR 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, 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 in this case.
    Example 3 for paragraph (h)(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,

[[Page 500]]

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 theses 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 of 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. 90.815  Eligibility for small business status.

    (a) Short-Form Applications: Certifications and Disclosure. Each 
applicant for an MTA license which qualifies as a small business or 
consortium of small businesses shall append the following information as 
an exhibit to its short-form application (Form 175):
    (1) The identity of the applicant's affiliates, persons or entities 
that hold attributable interests in such entity, and their 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. 90.814.
    (b) Long Form Applications: Certifications and Disclosure. In 
addition to the requirements in subpart U of this part, each applicant 
submitting a long-form application for license(s) 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. 90.814, for each of the following: the 
applicant; the applicant's affiliates, the applicant's attributable 
investors, affiliates of its attributable investors, 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. 90.810 through 90.812, 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, 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

[[Page 501]]

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. 90.814. Licensees (and their 
successors in interest) shall maintain such files for the term of the 
license.
    (d) Audits. (1) Applicants and licensees claiming eligibility as a 
small business or consortium of small businesses under Secs. 90.810 
through 90.812 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 900 MHz SMR 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, consortium of small businesses, gross 
revenues, members of minority groups, nonattributable equity, small 
business and total assets used in this section are defined in 
Sec. 90.814.



Sec. 90.816  Criteria for comparative 900 MHz SMR renewal proceedings.

    (a) Ultimate issue. 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.
    (b) Renewal expectancies. The most important comparative factor to 
be considered in a comparative 900 MHz SMR renewal proceeding is a major 
preference, commonly referred to as a ``renewal expectancy''.
    (1) The 900 MHz SMR 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 complied 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 900 
MHz 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;
    (ii) An explanation of its record of expansion, including a 
timetable of the construction of new base sites to meet changes in 
demand for SMR service;
    (iii) A description of its investments in its 900 MHz SMR 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 paragraph 
(b)(2) of this section.
    (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.

[60 FR 55485, Nov. 1, 1995]

[[Page 502]]



Subpart V--Competitive Bidding Procedures for 800 MHz Specialized Mobile 
                              Radio Service

    Source: 61 FR 6159, Feb. 16, 1996, unless otherwise noted.



Sec. 90.901  800 MHz SMR spectrum subject to competitive bidding.

    Mutually exclusive initial applications for Spectrum Blocks A 
through V in the 800 MHz band are subject to competitive bidding 
procedures. The general competitive bidding procedures provided in 47 
CFR part 1, subpart Q will apply unless otherwise indicated in this 
subpart.

[62 FR 41220, July 31, 1997]



Sec. 90.902  Competitive bidding design for 800 MHz SMR licensing.

    The Commission will employ a simultaneous multiple round auction 
design when selecting from among mutually exclusive initial applications 
for EA licenses for Spectrum Blocks A through V in the 800 MHz band, 
unless otherwise specified by the Wireless Telecommunications Bureau 
before the auction.

[62 FR 41220, July 31, 1997]



Sec. 90.903  Competitive bidding mechanisms.

    (a) Sequencing. The Wireless Telecommunications Bureau will 
establish and may vary the sequence in which 800 MHz SMR licenses for 
Spectrum Blocks A through V will be auctioned.
    (b) Grouping--(1) Spectrum blocks A through C. All EA licenses for 
Spectrum Blocks A through C will be auctioned simultaneously, unless the 
Wireless Telecommunications Bureau announces, by Public Notice prior to 
the auction, an alternative competitive bidding design.
    (2) Spectrum blocks D through V. All EA licenses for Spectrum Blocks 
D through V will be auctioned by the following Regions:
    (i) Region 1 (Northeast): The Northeast Region consists of the 
following MTAs: Boston-Providence, Buffalo-Rochester, New York, 
Philadelphia, and Pittsburgh.
    (ii) 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.
    (iii) 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.
    (iv) 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.
    (v) 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) Minimum bid increments. The Wireless Telecommunications Bureau 
will, by announcement before or during an auction, require minimum bid 
increments in dollar or percentage terms.
    (d) Stopping rules. The Wireless Telecommunications Bureau will 
establish stopping rules before or during the multiple round auctions in 
order to terminate an auction within a reasonable time.
    (e) Activity rules. The Wireless Telecommunications Bureau 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, each bidder 
will be entitled to request and will be automatically granted a certain 
number of waivers of such rule during the auction.
    (f) Duration of bidding rounds. The Wireless Telecommunications 
Bureau retains the discretion to vary the duration of bidding rounds or 
the intervals at which bids are accepted.

[61 FR 6159, Feb. 16, 1996, as amended at 62 FR 41220, July 31, 1997]

[[Page 503]]



Sec. 90.904  Aggregation of EA licenses.

    The Commission will license each Spectrum Block A through V in the 
800 MHz band separately. Applicants may aggregate across spectrum blocks 
within the limitations specified in Sec. 20.6 of this chapter.

[62 FR 41221, July 31, 1997]



Sec. 90.905  Withdrawal, default and disqualification payments.

    (a) During the course of an auction conducted pursuant to 
Sec. 90.902, 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 (b) of 
this section plus an additional monetary asssessment 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. If 
the default occurs within five (5) business days after the bidding has 
closed, the Commission retains the discretion to offer the license to 
the second highest bidder at its final bid level, or if that bidder 
declines the offer, to offer the license to other bidders (in descending 
order of their bid amounts) at the final bid levels.



Sec. 90.906  Bidding application (FCC Form 175 and 175-S Short-form).

    All applicants to participate in competitive bidding for 800 MHz SMR 
licenses in Spectrum Blocks A through V must submit applications on FCC 
Forms 175 and 175-S pursuant to the provisions of Sec. 1.2105 of this 
chapter. The Wireless Telecommunications Bureau will issue a Public 
Notice announcing the availability of these 800 MHz SMR 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 800 MHz 
SMR 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. In 
addition to identifying its status as a small business or rural 
telephone company, each applicant must indicate whether it is a 
minority-owned entity and/or a women-owned entity, as defined in 
Sec. 90.912(e).

[62 FR 41221, July 31, 1997]



Sec. 90.907  Submission of upfront payments and down payments.

    (a) Upfront payments. Bidders in a 800 MHz SMR auction for Spectrum 
Blocks A through V will be required to submit an upfront payment prior 
to the start of the auction. The amount of the upfront payment for each 
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) Down payments. Winning bidders in a 800 MHz SMR auction for 
Spectrum Blocks A through V must submit a down payment to the Commission 
in an amount sufficient to bring their total deposits up to 20 percent 
of their winning bids within ten (10) business days after the auction 
closes. Winning bidders will be required to make full

[[Page 504]]

payment of the balance of their winning bids ten (10) business days 
after Public Notice announcing that the Commission is prepared to award 
the license.

[62 FR 41221, July 31, 1997]



Sec. 90.908  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. 90.119 of this part and any associated Public Notices. Only auction 
winners (and rural telephone companies seeking partitioned licenses 
pursuant to agreements with auction winners under Sec. 90.911) will be 
eligible to file applications on FCC Form 600 for initial 800 MHz SMR 
licenses in the event of mutual exclusivity between applicants filing 
FCC Form 175.



Sec. 90.909  License grant, denial, default, and disqualification.

    (a) Except with respect to entities eligible for installment 
payments (see Sec. 90.912) 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 license is ready for 
grant. The Commission will grant the license 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. 90.905 or Sec. 1.2109 of this chapter, 
as applicable.
    (c) EA licenses pursued through competitive bidding procedures will 
be granted pursuant to the requirements specified in Sec. 90.166.



Sec. 90.910  Bidding credits.

    (a) A winning bidder that qualifies as a very small business or a 
consortium of very small businesses, as defined in Secs. 90.912(b)(2) 
and (b)(5), may use a bidding credit of 35 percent to lower the cost of 
its winning bid on Spectrum Blocks A through V. A winning bidder that 
qualifies as a small business or a consortium of small businesses, as 
defined in Secs. 90.912(b)(1) or (b)(4), may use a bidding credit of 25 
percent to lower the cost of its winning bid on Spectrum Blocks A 
through V.
    (b) Unjust enrichment. (1) If a small business or very small 
business (as defined in Secs. 90.912(b)(1) and 90.912(b)(2), 
respectively) that utilizes a bidding credit under this section seeks to 
assign or transfer control of an authorization to an entity that is not 
a small business or very small business, or seeks to make any other 
change in ownership that would result in the licensee losing eligibility 
as a small business or very small business, the small business or very 
small business must seek Commission approval and reimburse the 
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 as a condition of 
the approval of such assignment, transfer, or other ownership change.
    (2) If a very small business (as defined in Sec. 90.912(b)(2)) that 
utilizes a bidding credit under this section seeks to assign or transfer 
control of 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 Commission 
approval and reimburse the 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 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 three of the license term the payment will be 75

[[Page 505]]

percent; in year four the payment will be 50 percent; and in year five 
the payment will be 25 percent, after which there will be no assessment.

[62 FR 41221, July 31, 1997]



Sec. 90.911  Partitioned licenses and disaggregated spectrum.

    (a) Eligibility. Parties seeking approval for partitioning and 
disaggregation shall request an authorization for partial assignment of 
a license pursuant to Sec. 90.153(c).
    (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 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 
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) Bidding credits. Licensees that qualified 
under Sec. 90.910 to use a bidding credit at auction that 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 
Sec. 90.910(b).
    (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 Secs. 90.629(a), 90.665(a) or 
90.685(a).
    (e) Construction and channel usage requirements--incumbent 
licensees. Parties seeking to acquire a partitioned license or 
disaggregated spectrum from an incumbent licensee will be required to 
construct and commence ``service to subscribers'' all facilities 
acquired through such transactions within the original construction 
deadline for each facility as set forth in Secs. 90.629 and 90.683. 
Failure to meet the individual construction deadline will result in the 
automatic termination of the facility's authorization.
    (f) Construction and channel usage requirements--EA licensees--(1) 
Licensees in channel blocks A, B and C--(i) Requirements for 
partitioning. (A) The partitionee may certify that it will satisfy the 
applicable construction requirements set forth in Sec. 90.685(c) for the 
partitioned license area; or
    (B) The original licensee may certify that it has or will meet the 
three and five year construction requirements set forth in 
Sec. 90.685(c) for the entire market.
    (C) Applications requesting partial assignments of license for 
partitioning must include a certification by each party as to which of 
the above options they select.
    (D) Partitionees must submit supporting documents showing compliance

[[Page 506]]

with the respective construction requirements within the appropriate 
time frames set forth in Sec. 90.685(c).
    (E) Failure by any partitionee to meet its respective construction 
requirements will result in the automatic cancellation of the 
partitioned license without further Commission action.
    (ii) Requirements for disaggregation. Parties seeking authority to 
disaggregate spectrum from an EA licensee in Spectrum Blocks A, B and C 
must meet one of the following channel use requirements:
    (A) The partitionee may certify that it will satisfy the channel 
usage requirements set forth in Sec. 90.685(d) for the disaggregated 
spectrum; or
    (B) The original licensee may certify that it has or will meet the 
channel usage requirements as set forth in Sec. 90.685(d) for the entire 
spectrum block. In that case, the disaggregatee must only satisfy the 
requirements for ``substantial service,'' as set forth in 
Sec. 90.685(c), for the disaggregated spectrum within five years of the 
license grant.
    (C) Applications requesting partial assignments of license for 
disaggregation must include a certification by each party as to which of 
the above options they select.
    (D) Disaggregatees must submit supporting documents showing 
compliance with the respective channel usage requirements within the 
appropriate time frames set forth in Sec. 90.685(c).
    (E) Failure by any disaggregatee to meet its respective channel 
usage requirements will result in the automatic cancellation of the 
disaggregated license without further Commission action.
    (2) Licensees in channel blocks D through V--(i) Requirements for 
partitioning. Parties seeking authority to partition an EA license must 
meet one of the following construction requirements:
    (A) The partitionee may certify that it will satisfy the applicable 
construction requirements set forth in Sec. 90.685(c) for the 
partitioned license area; or
    (B) The original licensee may certify that it has or will meet the 
construction requirements set forth in Sec. 90.685(c) for the entire 
market.
    (C) Applications requesting partial assignments of license for 
partitioning must include a certification by each party as to which of 
the above options they select.
    (D) Partitionees must submit supporting documents showing compliance 
with the respective construction requirements within the appropriate 
time frames set forth in Sec. 90.685(c).
    (E) Failure by any partitionee to meet its respective construction 
requirements will result in the automatic cancellation of the 
partitioned license without further Commission action.
    (ii) 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 construction requirements for the market 
as set forth in Sec. 90.685. 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 be subject to license forfeiture without further 
Commission action.
    (g) Certification concerning relocation of incumbent licensees. 
Parties seeking approval of a partitioning or disaggregation agreement 
pursuant to this section must include a certification with their partial 
assignment of license application as to which party will be responsible 
for meeting the incumbent relocation requirements set forth at 
Sec. 90.699.

[62 FR 41221, July 31, 1997]



Sec. 90.912  Definitions.

    (a) Scope. The definitions in this section apply to Secs. 90.910 and 
90.911, unless otherwise specified in those sections.
    (b) Small business; very small business; consortium of small 
businesses; consortium of very small businesses. (1) A small business is 
an entity that together with its affiliates and controlling principals, 
has average gross revenues that do not exceed $15 million for the three 
preceding years; or
    (2) A very small business is an entity that together with its 
affiliates and controlling principals, has average

[[Page 507]]

gross revenues that do not exceed $3 million for the three preceding 
years.
    (3) For purposes of determining whether an entity meets 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.
    (4) A consortium of small business 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) of this section. In a consortium of small 
businesses, each individual member must establish its eligibility as a 
small business, as defined in this section.
    (5) A consortium of very small business 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 paragraph (b)(2) of this section. 
In a consortium of small businesses, each individual member must 
establish its eligibility as a very small business, as defined in this 
section.
    (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 (FCC 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, 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) of this section.  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) of this section.  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

[[Page 508]]

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, or
    (C) The family members are not closely involved with each other in 
business matters.
    Example for paragraph (d)(3)(ii) of this section.  A owns a 
controlling interest in Corporation X. A's sister-in-law, B, has a 
controlling interest in an SMR 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) of this section.  If company B holds 
an option to purchase a controlling interest in company A, who holds a 
controlling interest in an SMR 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) of this section.  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 an SMR 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.

[[Page 509]]

    Example 3 for paragraph (d)(5) of this section.  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.

[62 FR 41222, July 31, 1997]



Sec. 90.913  Eligibility for small business status.

    (a) Short-form applications: Certifications and disclosure. Each 
applicant for an EA license which qualifies as a small business or 
consortium of small businesses under Secs. 90.912(b) or (c) shall append 
the following information as an exhibit to its short-form application 
(FCC Form 175):
    (1) The identity of the applicant's affiliates and controlling 
principals, and, if a consortium of small businesses (or a consortium of 
very small businesses), the members of the joint venture; and
    (2) The applicant's gross revenues, computed in accordance with 
Sec. 90.912.
    (b) Long-form applications: Certifications and disclosure. In 
addition to the requirements in subpart V of this part, each applicant 
submitting a long-form application for license(s) for Spectrum Blocks A 
through V 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. 90.912, for each of the following: the 
applicant, the applicant's affiliates, the applicant's controlling 
principals, and, if a consortium of small businesses (or consortium of 
very small businesses), the members of the joint venture;

[[Page 510]]

    (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, very small business, consortium of small businesses or 
consortium of very small businesses under Secs. 90.910 and 90.912, 
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, 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 or very small businesses, shall maintain at their principal 
place of business an updated file of ownership, revenue and asset 
information, including any document necessary to establish eligibility 
as a small business, very small business and/or consortium of small 
businesses (or consortium of very small businesses) under Sec. 90.912. 
Licensees (and their successors in interest) shall maintain such files 
for the term of the license.
    (d) Audits. (1) Applicants and licensees claiming eligibility as a 
small business, very small business or consortium of small businesses 
(or consortium of very small businesses under Secs. 90.910 and 90.912 
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 (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 800 MHz SMR service and shall also include 
consent to the interview of principals, employees, customers and 
suppliers of the applicant or licensee.
    (3) Definitions. The terms affiliate, small business, very small 
business consortium of small businesses, consortium of very small 
businesses, and gross revenues used in this section are defined in 
Sec. 90.912.

[62 FR 41224, July 31, 1997]



    Subpart W--Competitive Bidding Procedures for the 220 MHz Service

    Source: 62 FR 15999, Apr. 3, 1997, unless otherwise noted.



Sec. 90.1001  220 MHz service subject to competitive bidding.

    Mutually exclusive initial applications for 220 MHz geographic area 
licenses are subject to competitive bidding procedures. The procedures 
set forth in part 1, subpart Q, of this chapter will apply unless 
otherwise provided in this part.



Sec. 90.1003  Competitive bidding design for the 220 MHz service.

    A simultaneous multiple round auction will be used to choose from 
among mutually exclusive initial applications for 220 MHz geographic 
area licenses, unless the Commission specifies otherwise by Public 
Notice prior to the competitive bidding procedure.



Sec. 90.1005  Competitive bidding mechanisms.

    (a) Sequencing. The Commission will establish and may vary the 
sequence in which 220 MHz geographic area licenses are auctioned.
    (b) Grouping. The Commission will determine which licenses will be 
auctioned simultaneously or in combination.
    (c) Minimum bid increments. The Commission may, by public 
announcement

[[Page 511]]

before or during an auction, require minimum bid increments in dollar or 
percentage terms.
    (d) Stopping rules. The Commission may establish stopping rules 
before or during an auction in order to terminate the 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 may request waivers of 
such rule during the auction. The Commission may, by public announcement 
either before or during the auction, specify or vary the number of 
waivers available to each bidder.



Sec. 90.1007  Withdrawal, default and disqualification payments.

    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 terminates, or who are disqualified. When the Commission 
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. 90.1009  Bidding application (FCC Form 175 and 175-S Short-form).

    Each applicant to participate in competitive bidding for 220 MHz 
geographic area licenses must submit an application (FCC Forms 175 and 
175-S) pursuant to the provisions of Sec. 1.2105 of this chapter.



Sec. 90.1011  Submission of upfront payments and down payments.

    (a) The Commission will require applicants to submit an upfront 
payment prior to the start of a 220 MHz Service 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 220 MHz Service auction must submit a 
down payment to the Commission in an amount sufficient to bring its 
total deposits up to 20 percent of its winning bid within ten (10) 
business days following the release of a Public Notice announcing the 
close of bidding.

[63 FR 32591, June 12, 1998]



Sec. 90.1013  Long-form application (FCC Form 601).

    Each successful bidder for a 220 MHz geographic area license must 
submit a long-form application (FCC Form 601) within ten (10) business 
days after being notified by Public Notice that it is the winning 
bidder. Applications for 220 MHz geographic area licenses on FCC Form 
601 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 Commission may issue in connection 
with an auction. After an auction, the Commission will not accept long-
form applications for 220 MHz geographic area licenses from anyone other 
than the auction winners and parties seeking partitioned licenses 
pursuant to agreements with auction winners under Sec. 90.1019 of this 
chapter.

[63 FR 32591, June 12, 1998]



Sec. 90.1015  License grant, denial, default, and disqualification.

    (a) Unless otherwise specified by Public Notice, auction winners are 
required to pay the balance of their winning bids in a lump sum within 
ten (10) business days following the release of a Public Notice 
establishing the payment deadline. If a winning bidder fails to pay the 
balance of its winning bids in a lump sum by the applicable deadline as 
specified by the Commission, it will be allowed to make payment within 
ten (10) business days after the payment deadline, provided that it also 
pays a late fee equal to five percent of the amount due. When a winning 
bidder fails to pay the balance of its winning bid by the late payment 
deadline, it is considered to be in default on its license(s) and 
subject to the applicable default payments. Licenses will be

[[Page 512]]

awarded upon the full and timely payment of winning bids and any 
applicable late fees.
    (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. 1.2104(g), Sec. 1.2109, and Sec. 90.1007 
of this chapter, as applicable.

[63 FR 32591, June 12, 1998]



Sec. 90.1017  Bidding credits for small businesses and very small businesses.

    (a) Bidding credits. A winning bidder that qualifies as a small 
business or a consortium of small businesses as defined in 
Sec. 90.1021(b)(1) or Sec. 90.1021(b)(4) may use a bidding credit of 25 
percent to lower the cost of its winning bid. A winning bidder that 
qualifies as a very small business or a consortium of very small 
businesses as defined in Sec. 90.1021(b)(2) or Sec. 90.1021(b)(4) may 
use a bidding credit of 35 percent to lower the cost of its winning bid.
    (b) Unjust enrichment--Bidding credits. (1) If a small business or 
very small business (as defined in Secs. 90.1021(b)(1) and 
90.1021(b)(2), respectively) 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 or a very small business, or seeks 
to make any other change in ownership that would result in the licensee 
losing eligibility as a small business or very small business, the small 
business or very small business must seek Commission approval and 
reimburse the U.S. government for the amount of the bidding credit, plus 
interest based on the rate for ten year U.S. Treasury obligations 
applicable on the date the license was granted, as a condition of 
approval of the assignment, transfer, or other ownership change.
    (2) If a very small business (as defined in Sec. 90.1021(b)(2)) 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 Commission 
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 based on the rate for ten 
year U.S. Treasury obligations applicable on the date the license was 
granted, 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.

[63 FR 32591, June 12, 1998]



Sec. 90.1019  Partitioning and disaggregation.

    (a) Definitions.
    Disaggregation. The assignment of discrete portions or ``blocks'' of 
spectrum licensed to a geographic licensee or qualifying entity.
    Partitioning. The assignment of geographic portions of a licensee's 
authorized service area along geopolitical or other geographic 
boundaries.
    (b) Eligibility. (1) Phase I non-nationwide licensees may apply to 
partition their licensed geographic service area or disaggregate their 
licensed spectrum after constructing their systems and placing their in 
operation or commencing service in accordance with the provisions in 
Sec. 90.725(f) of this part.
    (2) Phase I nationwide licensees may apply to partition their 
licensed geographic service area or disaggregate their licensed spectrum 
after constructing at least 40 percent of the geographic areas 
designated in their applications in accordance with the provisions in 
Sec. 90.725(a) of this part.
    (3) Phase II licensees may apply to partition their licensed 
geographic

[[Page 513]]

service area or disaggregate their licensed spectrum at any time 
following the grant of their licenses.
    (4) Phase I and Phase II licensees authorized to operate on Channels 
161 through 170 or Channels 181 through 185 are not eligible to 
partition their geographic service area or disaggregate their licensed 
spectrum.
    (5) Parties seeking approval for partitioning and disaggregation 
shall request authorization for partial assignment of a license pursuant 
to Sec. 90.709 of this part, as amended.
    (c) Technical Standards--(1) Partitioning. In the case of 
partitioning, requests for authorization for partial assignment of a 
license must include, as an attachment, a description of the partitioned 
service area. The partitioned service area shall be defined by 
coordinate points at every 3 degrees along the partitioned service area 
agreed to by both parties, unless either an FCC-recognized service area 
is utilized (i.e., Major Trading Area, Basic Trading Area, Metropolitan 
Service Area, Rural Service or Economic Area) or county lines are 
followed. The geographical coordinates must be specified in degrees, 
minutes and seconds to the nearest second latitude and longitude, and 
must be based upon the 1983 North American Datum (NAD83). 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. In 
such partitioning cases where an unjust enrichment payment is owed the 
Commission, the request for authorization for partial assignment of a 
license must include, as an attachment, a calculation of the population 
of the partitioned service area and licensed geographic service 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. In the event that there 
is a conflict in the application of the partitioning and disaggregation 
rules, the partitioning rules take precedence.
    (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.
    (e) Construction requirements--(1) Requirements for partitioning. 
Phase II EA, Regional or nationwide licensees 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 Secs. 90.767 or 90.769 of this 
part, as applicable, 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 Secs. 90.767 or 90.769 of this 
part, as applicable, for the entire license area. In that case, the 
partitionee must only satisfy the requirements for ``substantial 
service,'' as set forth in Sec. 90.743(a)(1) of this part, 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-year and ten-year construction benchmarks set forth in 
Sec. 90.767 or 90.769 of this part, as applicable.
    (v) Failure by any partitionee to meet its respective construction 
requirements will result in the automatic cancellation of the 
partitioned license without further Commission action.
    (2) Requirements for disaggregation. Parties seeking authority to 
disaggregate spectrum from a Phase II EA, Regional or nationwide 
license, 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-year and ten-year construction 
requirements for the particular market as set forth in Sec. 90.767 or 
90.769 of this part, as applicable. Parties may agree

[[Page 514]]

to share responsibility for meeting the construction requirements. If 
one party accepts responsibility for meeting the construction 
requirements and later fails to do so, then its license will cancel 
automatically without further Commission action. If both parties accept 
responsibility for meeting the construction requirements and later fail 
to do so, then both their licenses will cancel automatically without 
further Commission action.

[63 FR 49295, Sept. 15, 1998]

    Effective Date Note:  At 63 FR 49295, Sept. 15, 1998, Sec. 90.1019 
was revised, effective Nov. 16, 1998. For the convenience of the user, 
the superseded text is set forth as follows:

Sec. 90.1019  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 license area together with the application for 
the remainder of the geographic license area filed by the auction 
winner.
    (c) If the partitioned license is being applied for as a partial 
assignment of the geographic area license following grant of the initial 
license, request for authorization for partial assignment of a license 
shall be made pursuant to Sec. 90.153.



Sec. 90.1021  Definitions concerning competitive bidding process.

    (a) Scope. The definitions in this section apply to Secs. 90.1001 
through 90.1025, unless otherwise specified in those sections.
    (b) Small business; very small business; consortium of small 
businesses or very small businesses. (1) A small business is an entity 
that, together with its affiliates and controlling principals, has 
average gross revenues that are not more than $15 million for the 
preceding three years.
    (2) A very small business is an entity that, together with its 
affiliates and controlling principals, has average gross revenues that 
are not more than $3 million for the preceding three years.
    (3) For purposes of determining whether an entity meets either of 
the definitions set forth in paragraph (b)(1) or (b)(2) of this section, 
the gross revenues of the entity, its affiliates, and controlling 
principals shall be considered on a cumulative basis and aggregated.
    (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 individually satisfies the definition in 
paragraph (b)(2) of this section. Where an applicant (or licensee) is a 
consortium of small businesses (or very small businesses), the gross 
revenues of each small business (or very 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 (FCC 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, or

[[Page 515]]

    (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 
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 220 
MHz service 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.

[[Page 516]]

    (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 220 MHz service 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 220 MHz service 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,

[[Page 517]]

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. 90.1023  Certifications, disclosures, records maintenance and audits.

    (a) Short-form applications: Certifications and disclosure. In 
addition to certifications and disclosures required in part 1, subpart 
Q, of this chapter, each applicant for a 220 MHz service geographic area 
license which qualifies as a small business, very small business, 
consortium of small businesses, or consortium of very small businesses, 
shall append the following information as an exhibit to its FCC Form 
175:
    (1) The identity of the applicant's affiliates and controlling 
principals, and, if a consortium of small businesses (or consortium of 
very small businesses), the members of the joint venture; and
    (2) The applicant's gross revenues, computed in accordance with 
Sec. 90.1021.
    (b) Long-form applications: Certifications and disclosure. In 
addition to the requirements in Sec. 90.1013, each applicant submitting 
a long-form application for a 220 MHz service geographic area license 
and qualifying as a small business or very 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. 90.1021, for each of the following: The 
applicant, the applicant's affiliates, the applicant's controlling 
principals, and, if a consortium of small businesses (or consortium of 
very 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 or very small business under Secs. 90.1017 through 
90.1023, 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 or very 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 or very small business and/or consortium of small 
businesses (or consortium of very small businesses) under Sec. 90.1021. 
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 very small business or consortium of small businesses 
(or consortium of very small businesses) under Secs. 90.1017 through 
90.1023 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

[[Page 518]]

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 220 MHz 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, very small 
business, consortium of small businesses (or consortium of very small 
businesses), and gross revenues used in this section are defined in 
Sec. 90.1021.



Sec. 90.1025  Petitions to deny and limitations on settlements.

    (a) Procedures regarding petitions to deny long-form applications in 
the 220 MHz service will be governed by Secs. 1.2108(b) through 
1.2108(d) of this chapter 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. 90.162 and Sec. 1.2105(c) of this chapter.



 Subpart X--Competitive Bidding Procedures for Location and Monitoring 
                                 Service

    Source:  63 FR 40664, July 30, 1998, unless otherwise noted.



Sec. 90.1101  Location and Monitoring Service subject to competitive bidding.

    Mutually exclusive initial applications for multilateration Location 
and Monitoring Service licenses are subject to competitive bidding 
procedures. The procedures set forth in part 1, subpart Q of this 
chapter will apply unless otherwise provided in this part.



Sec. 90.1103  Designated entities.

    (a) This section addresses certain issues concerning designated 
entities in the Location and Monitoring Service (LMS) subject to 
competitive bidding. Issues that are not addressed in this section are 
governed by the designated entity provisions in part 1, subpart Q of 
this chapter.
    (b) Eligibility for small business provisions. (1) A small business 
is an entity that, together with its affiliates and controlling 
interests, has average gross revenues not to exceed $15 million for the 
preceding three years.
    (2) A very small business is an entity that, together with its 
affiliates and controlling interests, has average gross revenues not to 
exceed $3 million for the preceding three years.
    (3) For purposes of determining whether an entity meets either of 
the definitions set forth in paragraph (b)(1) or (b)(2) of this section, 
the gross revenues of the entity, its affiliates, and controlling 
interests shall be considered on a cumulative basis and aggregated.
    (4) Where an applicant (or licensee) cannot identify controlling 
interests under the standards set forth in this section, the gross 
revenues of all interest holders in the applicant, and their affiliates, 
will be attributable.
    (5) 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 individually satisfies the definition in 
paragraph (b)(2) of this section). Where an applicant or licensee is a 
consortium of small businesses (or very small businesses), the gross 
revenues of each small business (or very small business) shall not be 
aggregated.
    (c) Controlling interest. (1) For purposes of this section, 
controlling interest includes individuals or entities with de jure and 
de facto control of the applicant. De jure control is greater than 50 
percent of the voting stock of a corporation, or in the case of a 
partnership, the general partner. De facto control is determined on a 
case-by-case basis. An entity must disclose its equity interest and 
demonstrate at least

[[Page 519]]

the following indicia of control to establish that it retains de facto 
control of the applicant:
    (i) the entity constitutes or appoints more than 50 percent of the 
board of directors or management committee;
    (ii) the entity has authority to appoint, promote, demote, and fire 
senior executives that control the day-to-day activities of the 
licensee; and
    (iii) the entity plays an integral role in management decisions.
    (2) Calculation of certain interests.
    (i) 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.
    (ii) Partnership and other ownership interests and any stock 
interest equity, or outstanding stock, or outstanding voting stock shall 
be attributed as specified below.
    (iii) 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, 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.
    (iv) Non-voting stock shall be attributed as an interest in the 
issuing entity.
    (v) 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.
    (vi) Officers and directors of an entity shall be considered to have 
an attributable interest in the entity. The officers and directors of an 
entity that controls a licensee or applicant shall be considered to have 
an attributable interest in the licensee or applicant.
    (vii) 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.
    (viii) Any person who manages the operations of an applicant or 
licensee pursuant to a management agreement shall be considered to have 
an attributable interest in such applicant or licensee if such person, 
or its affiliate pursuant to Sec. 1.2110(b)(4) of this chapter, has 
authority to make decisions or otherwise engage in practices or 
activities that determine, or significantly influence,
    (A) The nature or types of services offered by such an applicant or 
licensee;
    (B) The terms upon which such services are offered; or
    (C) The prices charged for such services.
    (ix) Any licensee or its affiliate who enters into a joint marketing 
arrangement with an applicant or licensee, or its affiliate, shall be 
considered to have an attributable interest, if such applicant or 
licensee, or its affiliate, has authority to make decisions or otherwise 
engage in practices or activities that determine, or significantly 
influence,
    (A) The nature or types of services offered by such an applicant or 
licensee;
    (B) The terms upon which such services are offered; or
    (C) The prices charged for such services.
    (d) A winning bidder that qualifies as a small business or a 
consortium of small businesses as defined in paragraph (b)(1) or (b)(5) 
of this section may use the bidding credit specified in 
Sec. 1.2110(e)(2)(ii) of this chapter. A winning bidder that qualifies 
as a very small business or a consortium of very small businesses as 
defined in paragraph (b)(2) or (b)(5) of this section may use the 
bidding credit specified in Sec. 1.2110(e)(2)(i) of this chapter.

                           PART 94 [RESERVED]

[[Page 520]]



PART 95--PERSONAL RADIO SERVICES--Table of Contents




             Subpart A--General Mobile Radio Service (GMRS)

                           General Provisions

Sec.
95.1  The General Mobile Radio Service (GMRS).
95.3  License required.
95.5  License eligibility.
95.7  Channel sharing.

               Considerations When Planning a GMRS System

95.21  GMRS system description.
95.23  Mobile station description.
95.25  Land station description.
95.27  Paging receiver description.
95.29  Channels available.
95.31  Overlap of GMRS systems.
95.33  Cooperative use of radio stations in the GMRS.
95.35  Multiple licensing of radio transmitting equipment in the GMRS.
95.37  Considerations near the Canadian border.
95.39  Considerations near FCC monitoring stations.
95.41  Considerations in the National Radio Quiet Zone.
95.42  Considerations in the Puerto Rico Coordination Zone.
95.43  Environmental considerations.
95.45  Considerations on Department of Defense land.
95.47  Considerations in large urban areas.
95.49  Considerations near large urban areas.
95.51  Antenna height.
95.53  Mobile station communication points.
95.55  Base station communication points.
95.57  Mobile relay station communication points.
95.59  Control station communication points.
95.61  Fixed station communication points.

                   Applying for a GMRS System License

95.71  Applying for a new or modified license.
95.72  Applying for an STA or waiver of the rules.
95.73  System licensing.
95.75  Basic information.
95.77  Additional information for GMRS systems with land stations at 
          four or more locations.
95.79  Additional information for stations in the National Radio Quiet 
          Zone.
95.83  Additional information for stations with antennas higher than 
          normally allowed.
95.85  Additional information for stations near United States borders.
95.87  Who may sign applications.
95.89  Renewing a license.

                         Managing a GMRS System

95.101  What the license authorizes.
95.103  Licensee duties.
95.105  License term.
95.107  Keeping the license.
95.109  License not transferable.
95.111  Transfer of control of a corporation.
95.113  System records.
95.115  Station inspection.
95.117  Where to contact the FCC.
95.119  Station identification.
95.121  Transmitting channel.
95.123  Sharing a station or sharing equipment.
95.125  Station control point.
95.127  Controlling a station from a remote point.
95.129  Station equipment.
95.131  Servicing station transmitters.
95.133  Modification to station transmitters.
95.135  Maximum authorized transmitting power.
95.137  Moving a small base station or a small control station.
95.139  Adding a small base station or a small control station.
95.141  Interconnection prohibited.
95.143  Managing a GMRS system in an emergency.

                        Operating a GMRS Station

95.171  Station operator at control point.
95.173  Station operator duties.
95.175  Cooperation in sharing channels.
95.177  Responsibility for station operator's communications.
95.179  Individuals who may be station operators.
95.181  Permissible communications.

Appendix A to Subpart A to Part 95--Making a Control Station Power Test
Appendix B to Subpart A to Part 95--Where the Large Urban Areas Are 
          Located

                  Subpart B--Family Radio Service (FRS)

                           General Provisions

95.191  (FRS Rule 1)  Eligibility and responsibility.
95.192  (FRS Rule 2)  Authorized locations.
95.193  (FRS Rule 3)  Types of communications.
95.194  (FRS Rule 4)  FRS units.

              Subpart C--Radio Control (R/C) Radio Service

                           General Provisions

95.201  (R/C Rule 1)  What is the Radio Control (R/C) Radio Service?
95.202  (R/C Rule 2)  How do I use these rules?

[[Page 521]]

95.203  (R/C Rule 3)  Am I eligible to operate an R/C station?
95.204  (R/C Rule 4)  Do I need a license?
95.205  (R/C Rule 5)  Where may I operate my R/C station?
95.206  (R/C Rule 6)  Are there any special restrictions on the location 
          of my R/C station?

                      How To Operate an R/C Station

95.207  (R/C Rule 7)  On what channels may I operate?
95.208  (R/C Rule 8)  How high may I put my antenna?
95.209  (R/C Rule 9)  What equipment may I use at my R/C station?
95.210  (R/C Rule 10)  How much power may I use?
95.211  (R/C Rule 11)  What communications may be transmitted?
95.212  (R/C Rule 12)  What communications are prohibited?
95.213  (R/C Rule 13)  May I be paid to use my R/C station?
95.214  (R/C Rule 14)  Who is responsible for R/C communications I make?
95.215  (R/C Rule 15)  Do I have to limit the length of my 
          communications?
95.216  (R/C Rule 16)  Do I identify my R/C communications?
95.217  (R/C Rule 17)  May I operate my R/C station transmitter by 
          remote control?

                      Other Things You Need to Know

95.218  (R/C Rule 18)  What are the penalties for violating these rules?
95.219  (R/C Rule 19)  How do I answer correspondence from the FCC?
95.220  (R/C Rule 20)  What must I do if the FCC tells me that my R/C 
          station is causing interference?
95.221  (R/C Rule 21)  How do I have my R/C transmitter serviced?
95.222  (R/C Rule 22)  May I make any changes to my R/C station 
          transmitter?
95.223  (R/C Rule 23)  Do I have to make my R/C station available for 
          inspection?
95.224  (R/C Rule 24)  What are my station records?
95.225  (R/C Rule 25)  How do I contact the FCC?

               Subpart D--Citizens Band (CB) Radio Service

                           General Provisions

95.401  (CB Rule 1) What are the Citizens Band Radio Services?
95.402  (CB Rule 2) How do I use these rules?
95.403  (CB Rule 3) Am I eligible to operate a CB station?
95.404  (CB Rule 4) Do I need a license?
95.405  (CB Rule 5) Where may I operate my CB station?
95.406  (CB Rule 6) Are there any special restrictions on the location 
          of my CB station?

                       How To Operate a CB Station

95.407  (CB Rule 7) On what channels may I operate?
95.408  (CB Rule 8) How high may I put my antenna?
95.409  (CB Rule 9) What equipment may I use at my CB station?
95.410  (CB Rule 10) How much power may I use?
95.411  (CB Rule 11) May I use power amplifiers?
95.412  (CB Rule 12) What communications may be transmitted?
95.413  (CB Rule 13) What communications are prohibited?
95.414  (CB Rule 14) May I be paid to use my CB station?
95.415  (CB Rule 15) Who is responsible for communications I make?
95.416  (CB Rule 16) Do I have to limit the length of my communications?
95.417  (CB Rule 17) Do I identify my CB communications?
95.418  (CB Rule 18) How do I use my CB station in an emergency or to 
          assist a traveler?
95.419  (CB Rule 19) May I operate my CB station transmitter by remote 
          control?
95.420  (CB Rule 20) May I connect my CB station transmitter to a 
          telephone?

                      Other Things You Need To Know

95.421  (CB Rule 21) What are the penalties for violating these rules?
95.422  (CB Rule 22) How do I answer correspondence from the FCC?
95.423  (CB Rule 23) What must I do if the FCC tells me that my CB 
          station is causing interference?
95.424  (CB Rule 24) How do I have my CB station transmitter serviced?
95.425  (CB Rule 25) May I make any changes to my CB station 
          transmitter?
95.426  (CB Rule 26) Do I have to make my CB station available for 
          inspection?
95.427  (CB Rule 27) What are my station records?
95.428  (CB Rule 28) How do I contact the FCC?

                    Subpart E--Technical Regulations

                           General Provisions

95.601  Basis and purpose.
95.603  Certification required.
95.605  Certification procedures.
95.607  CB transmitter modification.

                           Technical Standards

95.621  GMRS transmitter channel frequencies.
95.623  R/C transmitter channel frequencies.

[[Page 522]]

95.625  CB transmitter channel frequencies.
95.627  FRS unit channel frequencies.
95.629  LPRS transmitter frequencies.
95.631  Emission types.
95.633  Emission bandwidth.
95.635  Unwanted radiation.
95.637  Modulation standards.
95.639  Maximum transmitter power.

                       Certification Requirements

95.645  Control accessibility.
95.647  FRS unit and R/C transmitter antennas.
95.649  Power capability.
95.651  Crystal control required.
95.653  Instructions and warnings.
95.655  Frequency capability.

        Additional Certification Requirements For CB Transmitters

95.665  [Reserved]
95.667  CB transmitter power.
95.669  External controls.
95.671  Serial number.
95.673  Copy of rules.

Appendix 1 to Subpart E to Part 95--Glossary of Terms

          Subpart F--Interactive Video and Data Service (IVDS)

                           General Provisions

95.801  Scope.
95.803  IVDS description.
95.805  Permissible communications.

                       System License Requirements

95.811  License requirements.
95.813  Eligibility.
95.815  License application.
95.816  Competitive bidding proceedings.
95.817  Application for renewal of license.
95.819  License transferability.
95.821  Application for transfer of control.

                           System Requirements

95.831  Service requirements.
95.833  Construction requirements.
95.835  Station identification.
95.837  Station inspection.
95.839  Operation in the National Radio Quiet Zone.
95.840  Considerations in the Puerto Rico Coordination Zone.
95.841  Operation near a Commission monitoring facility.

                           Technical Standards

95.851  Certification.
95.853  Frequency segments.
95.855  Transmitter effective radiated power limitation.
95.857  Emission standards.
95.859  Antennas.
95.861  Interference.
95.863  Duty cycle.

               Subpart G--Low Power Radio Service (LPRS).

                           General Provisions

95.1001  Eligibility.
95.1003  Authorized locations.
95.1005  Station identification.
95.1007  Station inspection.
95.1009  Permissible communications.
95.1011  Channel use policy.
95.1013  Antennas.
95.1015  Disclosure policies.
95.1017  Labeling requirements.
95.1019  Marketing limitations.

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 
154, 303.



             Subpart A--General Mobile Radio Service (GMRS)

    Source: 48 FR 35237, Aug. 3, 1983, unless otherwise noted.

                           General Provisions



Sec. 95.1  The General Mobile Radio Service (GMRS).

    (a) The GMRS is a land mobile radio service available to persons for 
short-distance two-way communications to facilitate the activities of 
licensees and their immediate family members. Each licensee manages a 
system consisting of one or more stations.
    (b) The Interactive Video and Data Service (IVDS) is a two-way 
point-to-multipoint radio service intended for system licensees to 
provide information, products, and services, and to obtain responses 
from, subscribers in a specific service area. The rules for this service 
are contained in subpart F of this part.

[48 FR 35237, Aug. 3, 1983, as amended at 50 FR 7345, Feb. 22, 1985; 53 
FR 47714, Nov. 25, 1988; 57 FR 8275, Mar. 9, 1992; 62 FR 23163, Apr. 29, 
1997]



Sec. 95.3  License required.

    Before any station transmits on any channel authorized in the GMRS 
from any point (a geographical location) within or over the territorial 
limits of any area where radio services are regulated by the FCC, the 
responsible party

[[Page 523]]

must obtain a license (a written authorization from the FCC for a GMRS 
system).

[53 FR 47714, Nov. 25, 1988]



Sec. 95.5  License eligibility.

    An individual (one man or one woman) is eligible to obtain, renew 
and have modified a GMRS system license if that individual is 18 years 
of age or older and is not a representative of a foreign government. A 
non-individual (an entity other than an individual) is ineligible to 
obtain a new GMRS system license or to make a major modification to an 
existing GMRS system licenses (see Sec. 95.71(e)). Certain non-
individuals are eligible to renew existing GMRS system license (see 
Sec. 95.89 (c) and (d)).

[53 FR 47714, Nov. 25, 1988; 53 FR 51625, Dec. 22, 1988]



Sec. 95.7  Channel sharing.

    (a) Channels or channel pairs are available to GMRS systems only on 
a shared basis and will not be assigned for the exclusive use of any 
licensee. All station operators and GMRS system licensees must cooperate 
in the selection and use of channels to reduce interference and to make 
the most effective use of the facilities.
    (b) Licensees of GMRS systems suffering or causing harmful 
interference are expected to cooperate and resolve this problem by 
mutually satisfactory arrangements. If the licensees are unable to do 
so, the FCC may impose restrictions including specifying the transmitter 
power, antenna height, or area or hours of operation of the stations 
concerned. Further, the use of any frequency at a given geographical 
location may be denied when, in the judgment of the FCC, its use in that 
location is not in the public interest; the use of any channel or 
channel pair may be restricted as to specified geographical areas, 
maximum power, or other operating conditions (see Sec. 95.71(d)).

[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47715, Nov. 25, 1988]

               Considerations When Planning a GMRS System



Sec. 95.21  GMRS system description.

    (a) A GMRS system is one or more transmitting units used by station 
operators to communicate messages. A GMRS system is comprised of:
    (1) One or more station operators;
    (2) One mobile station consisting of one or more mobile units (see 
Sec. 95.23);
    (3) One or more land stations (optional); and
    (4) Paging receivers (optional).
    (b) In certain areas, point-to-point GMRS systems may be comprised 
of fixed stations only (see Secs. 95.47, 95.49 and 95.61).
    (c) A GMRS system may be operated in:
    (1) Simplex mode. (Only one station operator can speak at a time.)
    (2) Duplex mode. (Two station operators can speak at the same time. 
One or more stations transmit on one channel. The other station(s) 
transmit(s) on the channel pair counterpart.)
    (3) A combined simplex-duplex mode. (E.g., a mobile relay system 
with mobile units operating in simplex mode on a channel pair.)



Sec. 95.23  Mobile station description.

    (a) A mobile station is one or more units which transmit while 
moving or during temporary stops at unspecified points.
    (b) A mobile station unit may transmit from any point within or over 
any areas where radio services are regulated by the FCC except where 
additional considerations apply (see Secs. 95.37 through 95.49).
    (c) A mobile station unit may transmit from an aircraft or ship, 
with the captain's permission, which is:
    (1) Within or over any area where radio services are regulated by 
the FCC except where additional restrictions apply; and
    (2) On or over international waters, if the unit is transmitting 
from an aircraft or ship of United States registry.
    (d) A mobile station unit must not transmit from points within or 
over the territorial limits of any area where radio services are 
regulated only by:

[[Page 524]]

    (1) A foreign government; or
    (2) A United States government agency other than the FCC.

[48 FR 35237, Aug. 3, 1983, as amended at 49 FR 4003, Feb. 1, 1984]



Sec. 95.25  Land station description.

    (a) A land station is a unit which transmits only from:
    (1) An exact point as shown on the license; or
    (2) An unspecified point within an operating area (an area within a 
circle centered on a point chosen by the applicant) as shown on the 
license, for a temporary period (one year or less).
    (b) The point from which every land station transmits must be within 
an area where radio services are regulated by the FCC.
    (c) Each land station is classified according to its communications 
points (the other stations or paging receivers to which the station 
operator communicates messages). There are four land station classes:
    (1) Base station (see Sec. 95.55);
    (2) Mobile relay station (see Sec. 95.57);
    (3) Control station (see Sec. 95.59); and
    (4) Fixed station (see Sec. 95.61).
    (d) A small control station is any control station which:
    (1) Has an antenna no more than 6.1 meters (20 feet) above the 
ground or above the building or tree on which it is mounted (see 
Sec. 95.51); and
    (2) Is: (i) South of Line A or west of Line C (see Sec. 95.37); or
    (ii) North of Line A or east of Line C, and the station transmits 
with no more than 5 watts ERP (effective radiated power).
    (e) A small base station is any base station that:
    (1) Has an antenna no more than 6.1 meters (20 feet) above the 
ground or above the building or tree on which it is mounted (see 
Sec. 95.51); and
    (2) Transmits with no more than 5 watts ERP.
    (f) A land station may be licensed to transmit as more than one 
station class. (Example: A land station is licensed as both a base 
station and a control staton. When it is transmitting as a base station 
its communication points are those of a base station (see Sec. 95.55). 
When it is transmitting as a control station its communication points 
are those of a control station (see Sec. 95.59).)

[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47715, Nov. 25, 1988; 53 
FR 51625, Dec. 22, 1988]



Sec. 95.27  Paging receiver description.

    A paging receiver is a unit capable of receiving the radio signals 
from a base station for the bearer to hear a page (someone's name or 
other identifier said in order to find, summon or notify him/her) spoken 
by the base station operator.



Sec. 95.29  Channels available.

    (a) The licensee of the GMRS system must select the transmitting 
channel or channel pair for the stations in the GMRS system from the 
following lists:
    (1) For a base station, mobile relay station, fixed station or 
mobile station, the following 462 MHz (megahertz) channels;

    462.5500, 462.5750, 462.6000, 462.6250, 462.6500, 462.6750, 462.7000 
and 462.7250.

    (2) For a mobile station, control station or fixed station operated 
in the duplex mode, the following 467 MHz channels:

    467.5500, 467.5750, 467.6000, 467.6250, 467.6500, 467.6750, 
467.7000, and 467.7250.

    (3) As of December 31, 1993, the 467 MHz channels may be used only 
to transmit communications through a mobile relay station and for 
remotely controlling a mobile relay station. As of December 31, 1993, no 
station in a GMRS system may transmit communications directly (not 
through a mobile relay station) on the 467 MHz channels.
    (b) The FCC will normally assign only one channel or one channel 
pair (one 462 MHz channel and its counterpart 5 MHz spaced 467 MHz 
channel) to a GMRS system comprised of stations intended for operation 
in the simplex mode. A second channel or channel pair will be assigned 
at the request of the applicant.
    (c) The FCC will normally assign only one channel pair to a GMRS 
system comprised of stations intended for operation in the duplex mode. 
A second channel pair will be assigned at the request of the applicant.

[[Page 525]]

    (d) No GMRS system may be assigned more than two channels or channel 
pairs. Stations in certain GMRS systems may, however, also transmit on 
additional frequencies listed in the following paragraphs, in accord 
with the conditions specified.
    (e) Mobile stations in a GMRS system licensed to an individual that 
is not specifically authorized for the 462.675 MHz/467.675 MHz channel 
pair may transmit on that channel pair with the following limitations:
    (1) The communications must be for the purpose of soliciting or 
rendering assistance to a traveler, or for communicating in an emergency 
pertaining to the immediate safety of life or the immediate protection 
of property; and
    (2) The frequency 467.675 MHz may be used only for the purposes of 
accessing and communicating through a mobile relay station transmitting 
on 462.675 MHz.
    (f) Except for a GMRS system licensed to a non-individual, a mobile 
station or a small base station operating in the simplex mode may 
transmit on the following 462 MHz interstitial channels:

    462.5625, 462.5875, 462.6125, 462,6375, 462.6625, 462.6875 and 
462.7125.


These channels may be used only under the following conditions:
    (1) Only voice type emissions may be transmitted;
    (2) The station does not transmit one-way pages; and
    (3) The station transmits with no more than 5 watts ERP.
    (g) Fixed stations in GMRS systems authorized before March 18, 1968, 
located 160 kilometers (100 miles) or more from the geographic center of 
urbanized areas of 200,000 or more population as defined in the U.S. 
Census of Population, 1960, Vol. 1, Table 23, page 50 that were 
authorized to transmit on channels other than those listed in this 
section may continue to transmit on their originally assigned channels 
provided that they cause no interference to the operation of stations in 
any of the part 90 private land mobile radio services.

[53 FR 47715, Nov. 25, 1988]



Sec. 95.31  Overlap of GMRS systems.

    An entity may not have a base station or a mobile relay station for 
that entity's GMRS system within 64.4 kilometers (40 miles) of a base 
station or a mobile relay station for another GMRS system licensed to 
the same entity. Base stations and mobile relay stations licensed to the 
same entity in two different GMRS systems less than 64.4 kilometers (40 
miles) apart which were authorized prior to October 16, 1983 are not 
subject to the provisions of this rule.

[48 FR 35237, Aug. 3, 1983, as amended at 49 FR 4003, Feb. 1, 1984]



Sec. 95.33  Cooperative use of radio stations in the GMRS.

    (a) Licensees (a licensee is the entity to which the license is 
issued) of radio stations in the GMRS may share the use of their 
stations with other entities eligible in the GMRS, subject to the 
following conditions and limitations.
    (1) The station to be shared must be individually owned by the 
licensee, jointly owned by the participants and the licensee, leased 
individually by the licensee, or leased jointly by the participants and 
the licensee.
    (2) The licensee must maintain access to and control over all 
stations authorized under its license.
    (3) A station may be shared only:
    (i) Without charge;
    (ii) On a non-profit basis, with contributions to capital and 
operating expenses including the cost of mobile stations and paging 
receivers prorated equitably among all participants; or
    (iii) On a reciprocal basis, i.e., use of one licensee's stations 
for the use of another licensee's stations without charge for either 
capital or operating expenses.
    (4) All sharing arrangements must be conducted in accordance with a 
written agreement to be kept as part of the station records.
    (b) Participants in a cooperatively shared GMRS mobile relay or base 
station may obtain a license for their own mobile station(s), provided 
that the licensee of the shared GMRS station consents in writing to the 
issuance of such authorization.

[[Page 526]]



Sec. 95.35  Multiple licensing of radio transmitting equipment in the GMRS.

    Two or more persons licensed in the GMRS may use the same 
transmitting equipment under the following terms and conditions:
    (a) Each licensee complies with the general operating requirements 
set out in Secs. 95.171 through 95.181 of the rules; and
    (b) Each licensee must have access to the transmitter for which the 
licensee is authorized.



Sec. 95.37  Considerations near the Canadian border.

    The United States and the Government of Canada coordinate channel 
assignments to certain radio stations in areas along their common 
borders north of Line A and east of Line C. (See Sec. 1.955 of the FCC 
Rules.)



Sec. 95.39  Considerations near FCC monitoring facilities.

    The FCC may impose additional restrictions on a land station in a 
GMRS system if it is at a point within 4.8 kilometers (3 miles) of an 
FCC monitoring facility and the station's transmissions degrade, 
obstruct, or repeatedly interrupt the operation of the equipment at the 
FCC monitoring facility. Before applying for license to put a land 
station at such a point, or before applying to change anything in a 
station already licensed for such a point, you should consult the FCC by 
writing to the Chief, Compliance and Information Bureau, Federal 
Communications Commission, Washington, DC 20554.

[53 FR 47715, Nov. 25, 1988, as amended at 60 FR 50123, Sept. 28, 1995; 
61 FR 8478, Mar. 5, 1996]



Sec. 95.41  Considerations in the National Radio Quiet Zone.

    (a) The FCC may impose additional restrictions on a land station in 
a proposed GMRS system, or on one in a GMRS system proposed for 
modification, if the station is proposed for or located at a point 
within the National Radio Quiet Zone (an area within the States of 
Maryland, Virginia and West Virginia). The Zone is the area bounded by:
    (1) 39 deg.15' N. on the North;
    (2) 78 deg.30' W. on the East;
    (3) 37 deg.30' N. on the South; and
    (4) 80 deg.30' W. on the West.
    (b) When applying for a license to put a land station at a point in 
the National Radio Quiet Zone, or when applying to change certain 
details in a station already licensed for such a point, the applicant 
must send a notice to the National Radio Astronomy Observatory (see 
Sec. 95.79).
    (c) Restrictions may be imposed if the National Radio Astronomy 
Observatory files an objection with the FCC within 20 days after the 
application is filed with the FCC.



Sec. 95.42  Considerations in the Puerto Rico Coordination Zone.

    Any applicant for a new base or fixed 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 
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].
    (a) 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

[[Page 527]]

Commission the date notification was made to the Arecibo Observatory.
    (b) 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.
    (c) The provisions of this paragraph do not apply to operations that 
transmit on frequencies above 15 GHz.

[62 FR 55534, Oct. 27, 1997]



Sec. 95.43  Environmental considerations.

    An application for AMRS system that includes a local station which 
may have a significant impact upon the environment, as specified in 
Sec. 1.1307 of this chapter, must be accompanied by an environmental 
assessment as set forth in Sec. 1.1311 of this chapter.

[55 FR 20398, May 16, 1990]



Sec. 95.45  Considerations on Department of Defense land.

    The Department of Defense may impose additional restrictions on a 
station transmitting on its land. (Before applying to place or modify a 
station at such a point, an applicant should consult with the commanding 
officer in charge of the land.)



Sec. 95.47  Considerations in large urban areas.

    (a) No fixed station may be at any point within a large urban area.
    (b) A control station at a point within a large urban area must 
have:
    (1) A directional antenna (at least 15 decibel front-to-back ratio); 
and
    (2) No more transmitter power than determined by a control station 
power test (a test to determine the appropriate transmitter power (see 
appendix A)).
    (c) Where these rules use the term large urban area, it means a 
circular region extending out 121 kilometers (75 miles) in all 
directions around the geographic center of certain cities.
    (d) The large urban areas and their geographic centers are shown in 
appendix B.
    (e) Control stations and fixed stations authorized before October 
16, 1983 located beyond 121 kilometers (75 miles) of the geographic 
center of urbanized areas of 200,000 or more population as defined in 
the U.S. Census of Population, 1960, Vol. 1, table 23, page 50, are not 
subject to the restrictions of this rule section.



Sec. 95.49  Considerations near large urban areas.

    (a) A fixed station at a point near a large urban area must have:
    (1) A directional antenna (at least 15 decibel front-to-back ratio); 
and
    (2) No more than 15 watts transmitter power output.
    (b) Where these rules use the term near a large urban area, it means 
the region within a circular band around a large urban area. The band is 
40 kilometers (25 miles) wide. It begins at the rim of the large urban 
area, and extends out 161 kilometers (100 miles) around the geographic 
center of the city.
    (c) Fixed stations authorized before October 16, 1983 located beyond 
161 kilometers (100 miles) of the geographic center of urbanized areas 
of 200,000 or more population as defined in the U.S. Census of 
Population, 1960, Vol. 1, table 23, page 50, are not subject to the 
restrictions of this rule section.



Sec. 95.51  Antenna height.

    (a) A land station antenna (the land station's radiating structure 
(for transmitting, receiving or both), including the tower, mast or pole 
supporting it and everything attached to the structure) must not be a 
hazard to aircraft. The licensee of a GMRS system must get FCC 
permission (see Sec. 95.83) before the uppermost tip of an antenna may 
be higher than normally allowed in paragraphs (b), (c) and (d) of this 
section.

[[Page 528]]

    (b) Regardless of any other requirement of this section, an antenna 
may always be at least:
    (1) 6.1 meters (20 feet) above the ground or above the building or 
tree upon which the antenna is mounted; or
    (2) Equal to the height of an existing antenna to which the land 
station antenna is attached.
    (c) The antenna may be as high as 61 meters (200 feet) above the 
ground, unless it will be within 6.1 kilometers (20,000 feet) of an 
airport or heliport.
    (d) If the antenna is near an airport or heliport listed in the 
FAA's (Federal Aviation Administration's) Airport Facilities Directory, 
or near an airport or heliport operated by the Department of Defense, it 
must not be higher than:
    (1) One meter higher than the airport elevation for every 100 meters 
from the nearest runway if the runway is longer than one kilometer 
(3,281 feet), and is within 6.1 kilometers (20,000 feet) of the antenna; 
or
    (2) Two meters higher than the airport elevation for every 100 
meters from the nearest runway if the runway is no longer than one 
kilometer (3,281 feet), and is within 3.1 kilometers (10,000 feet) of 
the antenna; or
    (3) Four meters higher than the heliport elevation for every 100 
meters from the nearest landing pad if the pad is within 1.5 kilometers 
(5,000 feet) of the antenna.
    (e) If the FCC grants permission to put an antenna higher than 
normally allowed in paragraphs (b), (c) and (d) of this section, the 
licensee may have to mark the antenna with bright paint and light it up 
at night (see part 17 of the FCC Rules).
    (f) The antenna for a small base stations or for a small control 
station must not be more than 6.1 meters (20 feet) above the ground or 
above the building or tree on which it is mounted.

[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47715, Nov. 25, 1988]



Sec. 95.53  Mobile station communication points.

    (a) A mobile station unit may transmit communications directly to:
    (1) Other mobile station units in the same GMRS system;
    (2) Mobile station units in any other GMRS system;
    (3) A base station in the same GMRS system; and
    (4) A base station in any other GMRS system;
    (b) A mobile station unit may transmit communications through a 
mobile relay station in the same GMRS system to:
    (1) Other mobile station units in the same GMRS system;
    (2) Control stations in the same GMRS system; and
    (3) Mobile station units in any other GMRS system.
    (c) A mobile station unit authorized to transmit on a channel 
assigned to a mobile relay station in another GMRS system may transmit 
communications through that mobile relay station to:
    (1) Mobile station units in the other GMRS system; and
    (2) Control stations in the other GMRS system.
    (d) A mobile station unit in a GMRS system licensed to an individual 
authorized to transmit on a channel assigned to a mobile relay station 
in another GMRS systgem may transmit communications through that mobile 
relay station with the permission of the licensee of the other GMRS 
system to:
    (1) Other mobile station units in the same GMRS system; and
    (2) Mobile station units in another GMRS system having permission to 
transmit communications through the mobile relay station.
    (e) A mobile station unit must not transmit communications to:
    (1) Any fixed station;
    (2) Any control station, directly;
    (3) Any station in the Amateur Radio Service;
    (4) Any unauthorized station; or
    (5) Any foreign station.
    (f) A mobile station unit must not transmit communications through a 
mobile relay station in another GMRS system, for retransmission to:
    (1) Other mobile station units in its own GMRS system, unless:
    (i) The mobile station units are in a GMRS system licensed to an 
individual; and

[[Page 529]]

    (ii) The licensee of the other GMRS system has given permission to 
use the mobile relay station for this purpose.
    (2) A control station in its own GMRS system; or
    (3) Any station in any GMRS system other than the system which 
includes the mobile relay station.
    (g) A mobile station unit may transmit communications as a radio 
control link (see Sec. 95.127) to a remotely controlled station.

[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47715, Nov. 25, 1988]



Sec. 95.55  Base station communication points.

    (a) A base station may transmit communications directly to:
    (1) Mobile station units in the same GMRS system;
    (2) Mobile station units in any other GMRS system; and
    (3) Paging receivers in the same GMRS system.
    (b) A base station must not transmit communications to:
    (1) Any mobile relay station;
    (2) Any base station;
    (3) Any paging receiver not in the same GMRS system;
    (4) Any fixed station;
    (5) Any control station;
    (6) Any station in the Amateur Radio Service;
    (7) Any unauthorized station; or
    (8) Any foreign station.



Sec. 95.57  Mobile relay station communication points.

    (a) A mobile relay station in a GMRS system may automatically 
(without immediate thought or action by the station operator) retransmit 
communications between:
    (1) A mobile station unit in the same GMRS system and:
    (i) Another mobile station unit in the same GMRS system; or
    (ii) A control station in the same GMRS system.
    (2) A mobile station unit in any other GMRS system and:
    (i) Another mobile station unit in the same GMRS system as the 
mobile relay station; or
    (ii) A control station in the same GMRS system as the mobile relay 
station.
    (b) A mobile relay station in a GMRS system must not automatically 
retransmit communications between:
    (1) A mobile station unit in any other GMRS system and another unit 
of the same mobile station, unless:
    (i) The other GMRS system is licensed to an individual; and
    (ii) The licensee of the GMRS system with the mobile relay station 
has given permission to use the mobile relay station for this purpose;
    (2) Any control station and any other control station;
    (3) Any other mobile relay station and any station;
    (4) Any base station and any station; or
    (5) Any fixed station and any station.

[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47716, Nov. 25, 1988]



Sec. 95.59  Control station communication points.

    (a) A control station may transmit communications as a radio control 
link (see Sec. 95.127) to a remotely controlled station.
    (b) A control station may transmit communications through a mobile 
relay station to:
    (1) Mobile station units in the same GMRS system as the control 
station; and
    (2) Mobile station units in any other GMRS system.
    (c) A control station must not transmit communications to any other 
station.



Sec. 95.61  Fixed station communication points.

    (a) A fixed station may transmit communications from the point 
authorized for it on the license to another fixed station in the same 
GMRS system at the point authorized for it on the license.
    (b) A fixed station must not transmit communications to any other 
station.

                   Applying for a GMRS System License



Sec. 95.71  Applying for a new or modified license.

    (a) An individual applies for a license for a new GMRS system by 
filling out an application form and attaching all

[[Page 530]]

additional information required. An individual applies to modify a 
license for an existing GMRS system using the same form and in the same 
manner as applying for a new GMRS system. Individuals should submit 
their applications, together with the filing fee, to the address 
specified in the Private Radio Services Fee Filing Guide.
    (b) An applicant for a General Mobile Radio Service system license, 
sharing a multiply-licensed mobile relay station, may operate the system 
for a period of 180 days, under a Temporary Permit, evidenced by a 
properly-executed certification made on FCC Form 574-T, after mailing 
FCC Form 574 to the Commission.
    (c) The application will be returned to the applicant if it is 
defective. An application is defective if:
    (1) The form is not completely filled out;
    (2) All necessary additional information is not included; or
    (3) All necessary certifications have not been made (see, e.g., 
Sec. 95.75 (g)(2), (o) and (p)).
    (d) The Commission may, without a hearing, grant an application in 
part or subject to terms or conditions or with privileges other than 
those requested. Such an action is presumed to be a grant of the 
application unless the applicant files a written rejection of the grant 
as made within 30 days from the date of the grant or the effective date 
of the grant, whichever is later. If the Commission receives rejection 
of such a grant, the Commission will vacate its original action and will 
set the application for hearing.
    (e) A non-individual may not obtain a new GMRS system license. A 
non-individual that held a GMRS system license issued before July 31, 
1987, may not make the following major modifications:
    (1) Change the area of operation of the GMRS system;
    (2) Add any stations to the GMRS system;
    (3) Increase the number of units of the mobile station;
    (4) Change the location of any land station in the GMRS system;
    (5) Add one or more channels or channel pairs and/or change the 
assigned channel(s) or channel pair(s);
    (6) Increase the transmitter power of an station in the GMRS system; 
or
    (7) Increase the height of a station antenna in the GMRS system.
    (f) A GMRS system licensee may notify the FCC of a change of name or 
a change of mailing address by sending a letter to the Federal 
Communications Commission, 1270 Fairfield Road, Gettysburg, PA 17325-
7245. This does not, however, permit GMRS system license transferability 
(see Sec. 95.109). Nor does this suffice for corporate transfer of 
control--the provisions of Sec. 95.111 apply instead.

[43 FR 54791, Nov. 22, 1978, as amended at 52 FR 10232, Mar. 31, 1987; 
53 FR 47716, Nov. 25, 1988; 53 FR 51625, Dec. 22, 1988; 55 FR 51908, 
Dec. 18, 1990]



Sec. 95.72  Applying for an STA or waiver of the rules.

    Applicants requesting an STA or waiver of the rules should submit 
their requests, together with the filing fee, to the address specified 
in the Wireless Telecommunications Bureau Fee Filing Guide.

[60 FR 50123, Sept. 28, 1995]



Sec. 95.73  System licensing.

    (a) Application for a license for a new GMRS system or application 
to modify a licensed GMRS system is made on Form 574. The applicant must 
follow the Instructions for Completion of FCC Form 574 (available at FCC 
Field Offices).
    (b) One set of forms must be used for each system the applicant 
wants the FCC to license.
    (c) One form must be used to apply for the following stations in a 
GMRS system:
    (1) The mobile station;
    (2) All small base stations (see Sec. 95.25(e));
    (3) All small control stations (see Sec. 95.25(d)); and
    (4) All other land stations (at no more than 6 locations).
    (d) An additional form must be used to apply for every six land 
stations in a GMRS system that cannot be listed in the preceding form.
    (e) Form 574-T, Temporary Permit for a General Mobile Radio Service 
System, should be used if applicant is

[[Page 531]]

eligible and desires to operate the station pending the processing of 
the application. (See also Sec. 95.71(b).)

[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47716, Nov. 25, 1988]



Sec. 95.75  Basic information.

    The following information is required in all applications for a 
license for a new or modified GMRS system:
    (a) Applicant's name (see Sec. 95.5);
    (b) Applicant's mailing address (an address in the United States 
where mail from the FCC can be received);
    (c) Transmitting channel or channel pair requested (see Sec. 95.29);
    (d) Station class;
    (e) Number of transmitter units in a mobile station (see 
Sec. 95.23);
    (f) Number of land stations in each class (see Sec. 95.25);
    (g) Transmitter power as follows:
    (1) Transmitter output power in watts for all stations.
    (2) Station ERP in watts for all stations other than mobile 
stations, small base stations and small control stations.
    (h) Each land station point (except small base stations and small 
control stations):
    (1) Latitude and longitude within one second; and
    (2) Street address (if none, local directions to the station);
    (i) Each control point for each remotely controlled land station 
(see Sec. 95.127), including small base stations and small control 
stations:
    (1) Street address (if none, local directions to the control point); 
or
    (2) Call sign of any control station already licensed to the 
applicant for that point;
    (j) Antenna height (see Sec. 95.51) and antenna ground elevation for 
each land station, except for small base stations and small control 
stations;
    (k) Communication services (see Sec. 95.101(c)) the proposed GMRS 
system would provide to, or receive from, any other individual or 
entity;
    (l) Age eligibility statement (where required--see Sec. 95.5);
    (m) Area of operation;
    (n) Emission designator. In the GMRS, emission F3E will be 
considered to include use of a selective calling tone, or a tone or 
digitally operated squelch (a tone code used to address a particular 
station) in conjunction with voice communications;
    (o) Foreign government certification, if applicable (see Sec. 95.5);
    (p) Frequency claim waiver certification, if applicable; and
    (q) Applicant's signature (see Sec. 95.87).

[48 FR 35237, Aug. 3, 1983, as amended at 49 FR 4003, Feb. 1, 1984; 53 
FR 47716, Nov. 25, 1988]



Sec. 95.77  Additional information for GMRS systems with land stations at four or more locations.

    (a) An application for a new or modified GMRS system having land 
stations (except for small control stations or small base stations) at 4 
or more locations must include a functional system diagram (a drawing 
showing details of the GMRS system, including the points between which 
communications with other stations in the system will be exchanged.)
    (b) [Reserved]
    (c) A copy of the functional system diagram must be kept as part of 
the GMRS system records (Sec. 95.113).

[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47716, Nov. 25, 1988]



Sec. 95.79  Additional information for stations in the National Radio Quiet Zone.

    An application for a license for a new or modified GMRS system 
having a land station at a point within the National Radio Quite Zone 
(see Sec. 95.41) must:
    (a) Send a notice to:

Director, National Radio Astronomy Observatory
P.O. Box 2
Green Bank, WV 24944

    (b) Provide the following details about the proposed station in the 
notice:
    (1) Antenna point (latitude and longitude);
    (2) Antenna height;
    (3) Antenna directivity;
    (4) Transmitting channel(s);
    (5) Emission; and
    (6) Transmitter output.
    (c) Include in the application to the FCC the date the notice was 
sent to the Observatory.

[[Page 532]]



Sec. 95.83  Additional information for stations with antennas higher than normally allowed.

    (a) An applicant for a license for a new or modified GMRS system 
seeking permission to have a land station antenna higher than normally 
allowed (see Sec. 95.51) must:
    (1) Request (on FCC Form 574) an antenna height greater than 
normally allowed; and
    (2) Notify the Federal Aviation Administration (on FAA Form 7460-1) 
that the antenna would be higher than normally allowed.
    (3) Register the structure by submitting FCC Form 854. The 
requirements for antenna structure registration, painting, and lighting 
are found in part 17 of this chapter.
    (b) Each base station and each control station with an antenna 
height greater than 6.1 meters (20 feet) must be separately identified 
on Form 574 (see Secs. 95.25 (d) and (e) and 95.51(f)).

[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47716, Nov. 25, 1988; 61 
FR 4369, Feb. 6, 1996]



Sec. 95.85  Additional information for stations near United States borders.

    For a new or modified GMRS system having a land station at a point 
north of line A, east of line C, or at any point close to any United 
States border where interference to a station in another country could 
occur, an applicant may include additional data on FCC Form 574-B if the 
land station:
    (a) Does not have vertical polarization;
    (b) Does not have an omnidirectional azimuth;
    (c) Has an associated control station with other than a directional 
antenna having its azimuth of maximum radiation directed towards the 
land station;
    (d) Has an associated control station with other than 20 degrees 
beamwidth; or
    (e) Is part of a GMRS system that includes stations or units 
intended for communication with stations or units in other GMRS systems 
or in other radio services.

Provision of this information will enable the Commission to seek greater 
interference protection for the station from foreign stations.

[49 FR 4003, Feb. 1, 1984]



Sec. 95.87  Who may sign applications.

    See part 1 of this chapter, Sec. 1.913, for practices and procedures 
governing signatures on license applications.

[58 FR 21407, Apr. 21, 1993]



Sec. 95.89  Renewing a license.

    (a) The licensee of a GMRS system may apply to the FCC to renew the 
license for another term (see Sec. 95.105) by filling out FCC Form 574-R 
(or FCC Form 405-A when the licensee has not gotten FCC Form 574-R 
within 30 days of the expiration of the license), and sending it, 
together with the filing fee, to the address specified in the Private 
Radio Services Fee Filing Guide (unless the licensee is a governmental 
entity, in which case the renewal application should be sent to the 
Federal Communications Commission, 1270 Fairfield Road, Gettysburg, PA 
17325-7245).
    (b) If the renewal application is sent to the FCC before the 
existing license term expires, the renewal application is timely filed. 
Except for GMRS systems whose licenses may not be renewed (see 
Sec. 95.89 (c)(3) and (d)), stations in a GMRS system whose application 
is timely filed may continue to transmit under the expired license until 
the FCC acts on the renewal application. A copy of the renewal 
application sent to the FCC must be kept in the GMRS system records (see 
Sec. 95.113) until the renewed license, or notification of other FCC 
action, is received.
    (c) A GMRS system licensed to a non-individual before July 31, 1987, 
is eligible to renew that license and all subsequent licenses based upon 
it if:
    (1) The non-individual is:
    (i) A partnership, and each partner is 18 years of age or older;
    (ii) A corporation;
    (iii) An association;
    (iv) A state, territorial or local government unit; or
    (v) Other legal entity;
    (2) The non-individual is not:
    (i) A foreign government;
    (ii) A representative of a foreign government; or

[[Page 533]]

    (iii) A federal government agency; and
    (3) The licensee has not been granted any of the modifications to 
its GMRS system license specified in Sec. 95.71(e).
    (d) A GMRS system licensed to a non-individual on or after July 31, 
1987, may not be renewed.
    (e) If a GMRS system license is allowed to expire, the former 
licensee may file an application to reinstate the expired license within 
six months after the expiration date. The application to reinstate must 
be accompanied by a renewal application. An expired GMRS system license 
for which a timely renewal application has not been filed is not valid. 
No station of such a GMRS system may transmit until the licensee has 
received a new GMRS system license based on the late-filed renewal 
application.

[53 FR 47716, Nov. 25, 1988, as amended at 55 FR 51909, Dec. 18, 1990]

                         Managing a GMRS System



Sec. 95.101  What the license authorizes.

    (a) A license authorizes the licensee to manage the GMRS system only 
as:
    (1) The Rules require;
    (2) The license specifies;
    (3) Proposed by the entity in the license application; and
    (4) Shown on the functional system diagram (where applicable).
    (b) The license does not authorize operation as a common carrier or 
communication of messages for pay.
    (c) If the licensee is a corporation and the license so indicates, 
it may use its GMRS system to furnish non-profit radio communication 
service to its parent corporation, to another subsidiary of the same 
parent, or to its own subsidiary. Such use is not subject to the 
cooperative use provisions of Sec. 95.33.



Sec. 95.103  Licensee duties.

    (a) The licensee is responsible for the proper operation of the GMRS 
system at all times.
    (b) The licensee must have access to the station equipment and be 
able to disable it. A licensee using multiple licensed transmitting 
equipment may satisfy this requirement by entering an arrangement with 
other licensees using the same equipment to select one of their number 
to have primary access responsibility.
    (c) When the information about the licensee stated on the license 
changes, the licensee must take the following step(s):
    (1) The licensee must notify the FCC in writing in the event of a 
name or mailing address change (see Sec. 95.117(b)). The notice must 
show the name and mailing address as they appear on the license, the 
station call sign(s), and the new name or new mailing address. A copy of 
the notice must be kept as part of the GMRS system records (see 
Sec. 95.113). (FCC Forms 405-A or 574-R may be used for this purpose.)
    (2) If the status of a non-individual GMRS system licensee changes 
(for example, when a corporation is dissolved and a new corporation 
stands in its place, or a partnership becomes a corporation), the 
licensee must send the license to the FCC for cancellation (see 
Sec. 95.117(b)).

The former licensee may not operate until the FCC has aproved a license 
for the system in the name of the new entity.

[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47717, Nov. 25, 1988]



Sec. 95.105  License term.

    A license for a GMRS system is usually issued for a 5-year term. 
(FCC prints the expiration date on the license.)



Sec. 95.107  Keeping the license.

    (a) The licensee must keep the license document until:
    (1) The license expires; or
    (2) The license is terminated by the FCC; or
    (3) The licensee obtains a different license for the GMRS system.
    (b) The license must be kept as part of the GMRS system records (see 
Sec. 95.113).
    (c) The license may be photocopied for any lawful purpose.
    (d) If the license is lost, the licensee must request a duplicate 
document from the FCC. The request for a duplicate license, together 
with the filing fee, should be sent to the address specified in the 
Wireless Telecommunications Bureau Fee Filing Guide.

[[Page 534]]

    (e) If the license is no longer desired, it must be sent to the FCC 
(see Sec. 95.117(b)(6)) with a written request that it be cancelled. 
(Forms 405-A or 574-R may be used for this purpose.)

[48 FR 35237, Aug. 3, 1983, as amended at 60 FR 50123, Sept. 28, 1995]



Sec. 95.109  License not transferable.

    (a) The licensee must not transfer, assign, sell or give the license 
for a GMRS system to any other entity except in accordance with the 
provisions of Sec. 95.111.
    (b) If the licensee sells or gives away the GMRS system equipment, 
the new owner must obtain a new license before using it (see 
Sec. 95.71), unless the new owner intends to use the equipment with an 
already licensed GMRS system.



Sec. 95.111  Transfer of control of a corporation.

    If the licensee of a GMRS system is a corporation, and there is a 
change in the control of the corporation, the licensee must request 
consent for the change of control from the FCC by filling out Form 703 
and sending it, together with the filing fee, to the address specified 
in the Wireless Telecommunications Bureau Fee Filing Guide. The FCC 
document granting such consent must be kept as part of the GMRS system 
records (see Sec. 95.113).

[56 FR 51909, Dec. 18, 1990, as amended at 60 FR 50123, Sept. 28, 1995]



Sec. 95.113  System records.

    (a) The licensee must keep records for the GMRS system for the 
license term (see Sec. 95.105), except that the licensee need not keep 
authorizations which have expired.
    (b) GMRS system records include the following documents (where 
applicable):
    (1) The license (see Sec. 95.107);
    (2) [Reserved]
    (3) Copies of letters from the licensee to the FCC concerning name 
or mailing address changes (see Sec. 95.103);
    (4) Copies of answers to discrepancy notices;
    (5) An STA or waiver of these rules;
    (6) A copy of any renewal application submitted to the FCC and not 
yet acted upon (see Sec. 95.89(b));
    (7) A copy of the measurements and calculations (see appendix A) 
made during a control station power test (see Sec. 95.47);
    (8) A copy of a functional system diagram (see Sec. 95.77);
    (9) A copy of the agreement under which any station in the GMRS 
system is cooperatively shared (see Sec. 95.33);
    (10) A copy of the FCC consent to a licensee corporation's change in 
its corporate control (see Sec. 95.111); and
    (11) A temporary permit.

[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47717, Nov. 25, 1988]



Sec. 95.115  Station inspection.

    If an authorized FCC representative requests to inspect any station 
in a GMRS system, the licensee or station operator must make the station 
available. If an authorized FCC representative requests to inspect the 
GMRS system records (see Sec. 95.113), the licensee must make them 
available.



Sec. 95.117  Where to contact the FCC.

    (a) Write to:

The nearest FCC Field Office

    (1) For application forms (see Secs. 95.73 and 95.87);
    (2) For instruction forms (see Sec. 95.73);
    (3) To complain about interference; or
    (4) To find out if the FCC has certificated a certain transmitter 
for use in the GMRS (see Sec. 95.129).
    (b) Write to: Federal Communications Commission, Attention: GMRS, 
1270 Fairfield Road, Gettysburg, PA 17325-7245.
    (1) To ask a question about an application or about these Rules;
    (2)-(3) [Reserved]
    (4) To notify the FCC of a new name or mailing address (see 
Sec. 95.103);
    (5) [Reserved]
    (6) To return a license to the FCC for cancellation (see 
Secs. 95.103 and 95.107).
    (7) [Reserved]
    (c) [Reserved]

[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47717, Nov. 25, 1988; 55 
FR 51909, Dec. 18, 1990; 63 FR 36610, July 7, 1998]

[[Page 535]]


    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.117, 
paragraph (a)(4) was amended by removing the term ``type-accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



Sec. 95.119  Station identification.

    (a) Except as provided in paragraph (e) of this section, every 
station in a GMRS system and every mobile station unit must transmit a 
station identification:
    (1) Following the transmission of communications or a series of 
communications; and
    (2) Every 15 minutes during a long transmission.
    (b) The station identification is the call sign assigned to:
    (1) The GMRS system; or
    (2) The station in the GMRS system transmitting communications.
    (c) A unit number may be included after the call sign in the 
identification.
    (d) The station identification must be clearly transmitted in:
    (1) Voice in the English language, with each letter and digit 
separately and distinctly transmitted (letters may be said using a 
phonetic alphabet); or
    (2) International Morse code telegraphy with a keyed tone (400 to 
2,000 Hertz) between 8.34 and 20.85 baud (ten to twenty-five words per 
minute). The transmitted frequency deviation must be between 1,500 and 
2,500 Hertz. Should delayed or periodic activation of automatic Morse 
code identification equipment interrupt the communications of another 
co-channel licensee, the Commission may require the use of equipment 
which will inhibit automatic station identification when co-channel 
communications are in progress.
    (e) A station need not identify its transmissions if it 
automatically retransmits communications from another station which are 
properly identified.



Sec. 95.121  Transmitting channel.

    Each station in a GMRS system must transmit only on the channel(s) 
or channel pair(s) (see Secs. 95.7 and 95.29) printed on the license for 
that station, or authorized by these Rules for use by that station (see 
Sec. 95.29 (e) and (f)).

[53 FR 47717, Nov. 25, 1988]



Sec. 95.123  Sharing a station or sharing equipment.

    Every station in a GMRS system which is cooperatively shared (see 
Sec. 95.33) must be managed by the licensee in accordance with the 
written agreement and in accordance with the provisions of Sec. 95.33. 
Licensees sharing multiply licensed equipment must do so in accordance 
with the provisions of Sec. 95.35.



Sec. 95.125  Station control point.

    (a) Each station in a GMRS system must have a control point (where 
the station operator can perform the required duties (see Sec. 95.173)).
    (b) The control point for each station must be at that station, 
unless the license authorizes the station to be controlled from a remote 
point.



Sec. 95.127  Controlling a station from a remote point.

    (a) A station operator in a GMRS system may control the station from 
a remote point through a control link (a connection between the remote 
control point and the remotely controlled station). The control link 
must be either:
    (1) A wireline control link solely for purposes of transmitter 
control (see Sec. 95.181(i)(13)); or
    (2) A radio control link.
    (b) The remotely controlled station must not make unauthorized 
transmissions.
    (c) The station operator must perform the required duties (see 
Sec. 95.173) when controlling the station from a remote point the same 
as when controlling it locally at the station point. Should the control 
link fail to function so that the station operator cannot perform the 
required duties, the remotely controlled station must not transmit.
    (d) The FCC does not consider a station in a GMRS system as being 
remotely controlled if the connection is a wireline or mechanical 
control link, and the station and its control point are both:
    (1) On the same vehicle; or
    (2) At the same street address, or within 152 meters (500 feet) of 
each other.
    (e) Any device used to establish a wireline control link which is 
attached

[[Page 536]]

to the public switched telephone network after April 1, 1976 must be 
registered with the FCC and must comply with the standards incorporated 
in a registration program to protect the public switched telephone 
network from harm (see part 68 of the FCC Rules).



Sec. 95.129  Station equipment.

    (a) Every station in a GMRS system must use transmitters the FCC has 
certificated for use in the GMRS. Write to any FCC Field Office to find 
out if a particular transmitter has been certificated for the GMRS. All 
station equipment in a GMRS system must comply with the technical rules 
in part 95, subpart E of these rules.
    (b) No transmitter may be used at a station in a GMRS system which:
    (1) Is not FCC certificated for use in the GMRS;
    (2) Has been internally modified to make it different from the FCC 
certificated model (see Sec. 95.133); or
    (3) [Reserved]
    (c) A land station in a GMRS system must use a directional antenna 
if it is a:
    (1) Control station at a point within a large urban area (see 
Sec. 95.47); or
    (2) Fixed station at a point near a large urban area (see 
Sec. 95.49).
    (d) Every small base station and every small control station must 
use an antenna no more than 6.1 meters (20 feet) high (see Sec. 95.25 
(d) and (e)).

(Secs. 4(i) and 303(r), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(r), and sec. 553 of the Administrative Procedures 
Act, 5 U.S.C. 553)

[48 FR 35237, Aug. 3, 1983, as amended at 49 FR 20672, May 16, 1984; 53 
FR 47717, Nov. 25, 1988; 63 FR 36610, July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.129, 
paragraphs (a), (b)(1) and (b)(2) were amended by removing the term 
``type-accepted'' and adding in its place ``certificated'', effective 
Oct. 5, 1998.



Sec. 95.131  Servicing station transmitters.

    (a) The GMRS system licensee shall be responsible for the proper 
operation of all stations in the GMRS system at all times and is 
expected to provide for observations, servicing and maintenance as often 
as may be necessary to ensure proper operation.
    (b) Except as provided in paragraph (c) of this section, test 
signals during internal adjustments to a station transmitter must be 
made using a non-radiating simulated antenna.
    (c) Brief test signals using a radiating antenna may be transmitted 
to adjust the antenna to the station transmitter or to detect or measure 
spurious radiation. These test transmissions must not be longer than one 
minute during any five-minute period. These test transmissions shall not 
interfere with communications already in progress on the operating 
frequency, and shall be properly identified as required, but may be 
otherwise unmodulated as appropriate.

(Secs. 4(i) and 303(r), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(r), and sec. 553 of the Administrative Procedures 
Act, 5 U.S.C. 553)

[48 FR 35237, Aug. 3, 1983, as amended at 49 FR 20672, May 16, 1984; 53 
FR 47717, Nov. 25, 1988]



Sec. 95.133  Modification to station transmitters.

    (a) No internal changes may be made in a transmitter used in a 
station in a GMRS system to make the transmitter different from the FCC 
certificated model (see Sec. 95.129).
    (b) One FCC certificated model may be converted to another FCC 
certificated model if the conversion is done:
    (1) By the original manufacturer of the transmitter.
    (2) In accordance with the original manufacturer's instructions.

(Secs. 4(i) and 303(r), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(r), and sec. 553 of the Administrative Procedures 
Act, 5 U.S.C. 553)

[48 FR 35237, Aug. 3, 1983, as amended at 49 FR 20672, May 16, 1984; 53 
FR 47717, Nov. 25, 1988; 63 FR 36610, July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.133, 
paragraphs (a) and (b) were amended by removing the term ``type-
accepted'' each place it appears and adding in its place 
``certificated'', effective Oct. 5, 1998.



Sec. 95.135  Maximum authorized transmitting power.

    (a) No station may transmit with more than 50 watts output power.

[[Page 537]]

    (b) A control station at a point within a large urban area must not 
transmit with more output power than the licensee determines by a test 
(see Sec. 95.47 and appendix A). The licensee must keep a copy of the 
measurements and calculations made during this test as part of the GMRS 
system records (see Sec. 95.113).
    (c) A small control station at a point north of Line A or east of 
Line C must transmit with no more than 5 watts ERP.
    (d) A fixed station at a point near a large urban area must transmit 
with no more than 15 watts output power (see Sec. 95.49).
    (e) A small base station must transmit with no more than 5 watts 
ERP.

[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47717, Nov. 25, 1988]



Sec. 95.137  Moving a small base station or a small control station.

    (a) A small base station (see Sec. 95.25(e)) or a small control 
station (see Sec. 95.25(d)) in a GMRS system may be moved from the point 
specified on the license to any other point where radio services are 
regulated by the FCC.
    (b) The licensee must file an application to modify the GMRS system 
(see Sec. 95.71) to show the new point within 30 days after the small 
base station or the small control station is moved.

[53 FR 47717, Nov. 25, 1988]



Sec. 95.139  Adding a small base station or a small control station.

    (a) Except for a GMRS system licensed to a non-individual, one or 
more small base stations or a small control station may be added to a 
GMRS system at any point where radio services are regulated by the FCC.
    (b) The licensee must file an application to modify the GMRS system 
(see Sec. 95.71) within 30 days after each small base station or small 
control station is added.
    (c) Non-individual licensees may not add any small base station or 
small control stations to their GMRS systems.

[53 FR 47717, Nov. 25, 1988]



Sec. 95.141  Interconnection prohibited.

    No station in a GMRS system may be interconnected to the public 
switched telephone network except as and in accordance with the 
requirements and restrictions applied to a wireline control link (see 
Sec. 95.127).

[53 FR 47717, Nov. 25, 1988]



Sec. 95.143  Managing a GMRS system in an emergency.

    (a) The stations in a GMRS system must cease transmitting when the 
station operator of any station on the same channel is communicating an 
emergency message (concerning the immediate protection of property or 
the safety of someone's life).
    (b) If necessary to communicate an emergency message from a station 
in a GMRS system, the licensee may permit:
    (1) Anyone to be the station operator (see Sec. 95.179); and
    (2) The station operator to communicate the emergency message to any 
radio station.

                        Operating a GMRS Station



Sec. 95.171  Station operator at control point.

    When a station in a GMRS system is transmitting, it must have a 
station operator. The station operator must be at the control point (see 
Sec. 95.125) for that station. The same person may be the operator for 
more than one station at the same time.



Sec. 95.173  Station operator duties.

    The station operator:
    (a) Communicates messages (see Sec. 95.181);
    (b) Controls the station by:
    (1) Causing it to transmit and to cease transmitting;
    (2) Taking all necessary and reasonable precautions to assure that 
unauthorized or improper operations do not occur;
    (3) Refraining from making any transmissions that may have the 
reasonably anticipated effect of causing improper operation of others' 
equipment; and
    (4) In cases of recurrent interference, obeying any Commission-
imposed additional requirements or restrictions.

[[Page 538]]



Sec. 95.175  Cooperation in sharing channels.

    The station operator must cooperate in sharing each channel with 
station operators of other stations by:
    (a) Monitoring the channel before initiating transmissions;
    (b) Waiting until ongoing communications are completed before 
initiating transmissions;
    (c) Engaging in only permissible communications (see Sec. 95.181); 
and
    (d) Limiting transmissions to the minimum practicable transmission 
time.

[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47717, Nov. 25, 1988]



Sec. 95.177  Responsibility for station operator's communications.

    The licensee is responsible for all communications made by station 
operators in the GMRS system. (The licensee should be certain every 
station operator understands and complies with these Rules.)



Sec. 95.179  Individuals who may be station operators.

    (a) An individual GMRS system licensee may permit his/her immediate 
family members living in the same household to be station operators in 
his/her GMRS system. They may communicate messages about the licensee's 
personal activities and about the licensee's business activities. 
Immediate family members are the:
    (1) Licensee;
    (2) Licensee's spouse;
    (3) Licensee's children, grandchildren, stepchildren;
    (4) Licensee's parents, grandparents, stepparents;
    (5) Licensee's brothers, sisters;
    (6) Licensee's aunts, uncles, nieces, nephews; and
    (7) Licensee's in-laws.
    (b) In a GMRS system licensed to a non-individual, eligible station 
operators are limited to the persons listed in paragraph (b)(1) of this 
section with the conditions listed in paragraph (b)(2) of this section 
as follows:
    (1) Only the following persons may be permitted to operate under the 
authority of a GMRS system licensed to a non-individual:

------------------------------------------------------------------------
                                           These persons may be station
    If the GMRS system licensee is--                operators--
------------------------------------------------------------------------
(i) A partnership.......................  Licensee's partners and
                                           employees.
(ii) A corporation......................  Licensee's officers,
                                           directors, members and
                                           employees.
(iii) An association....................  Licensee's members and
                                           employees.
(iv) A governmental unit................  Licensee's employees.
------------------------------------------------------------------------

    (2) These persons may only communicate messages about the licensee's 
business activities. Employees of the licensee may communicate messages 
while acting within the scope of their employment, and only about the 
licensee's business activities.
    (c) The licensee may permit a telephone answering service employee 
to be a station operator if:
    (1) That employee only communicates messages received for the 
licensee to the licensee;
    (2) The station equipment at the telephone answering point is not 
shared in any other GMRS system; and
    (3) The station at the telephone answering service point is not 
interconnected to the public switched telephone network.
    (d) The station operator of a GMRS system licensed to an individual 
may be a station operator in any other GMRS system if he/she has 
permission from the licensee of the other GMRS system.
    (e) The provisions of Sec. 95.33 regarding cooperative use do not 
apply to or govern the authority of a GMRS licensee to designate station 
operators in accordance with the provisions of this section.
    (f) Except for emergency communications (see Sec. 95.143), only 
persons specified in paragraphs (a) through (d) may be GMRS station 
operators.

[48 FR 35237, Aug. 3, 1983, as amended at 53 FR 47717, Nov. 25, 1988; 53 
FR 51625, Dec. 22, 1988]



Sec. 95.181  Permissible communications.

    (a) A station operator for an individual who is licensed in the GMRS 
(other than an employee of that individual) may communicate two-way 
voice messages concerning the licensee's personal or business activities 
(see Sec. 95.179).
    (b) [Reserved]

[[Page 539]]

    (c) A station operator for any entity other than an individual 
licensed in the GMRS may communicate two-way voice messages concerning 
the licensee's business activities (see Sec. 95.179). An employee for an 
entity other than an individual licensed in the GMRS may, as a station 
operator, communicate two-way voice messages while acting within the 
scope of his/her employment.
    (d) A station operator for any GMRS licensee may communicate two-way 
voice messages concerning:
    (1) Emergencies (see Sec. 95.143);
    (2) Rendering assistance to a motorist; and
    (3) Civil defense drills, if the responsible agency requests 
assistance.
    (e) All messages must be in plain language (without codes or hidden 
meanings). They may be in a foreign language, except for call signs (see 
Sec. 95.119).
    (f) A station operator may communicate tone messages for purposes of 
identification or transmitter control in a control link (see 
Sec. 95.127). (The FCC treats a control tone as voice in this case.)
    (g) A station operator may communicate a selective calling tone or 
tone operated squelch only in conjunction with a voice communication. If 
the tone is subaudible (300 Hertz or less) it may be communicated during 
the entire voice message. If the tone is audible (more than 300 Hertz) 
it may be communicated for no more than 15 seconds at a time.
    (h) A station operator may communicate a one-way voice page to a 
paging receiver. A selective calling tone or tone operated squelch may 
be used in conjunction with a voice page, as prescribed in paragraph (g) 
of this section. A station operator may not communicate a tone-only page 
(tones communicated in order to find, summon or notify someone).
    (i) A station operator must not communicate:
    (1) Messages for hire, whether the remuneration received is direct 
or indirect;
    (2) Messages in connection with any activity which is against 
Federal, State or local law;
    (3) False or deceptive messages;
    (4) Coded messages or messages with hidden meanings (``10-codes'' 
are permitted);
    (5) Intentional interference;
    (6) Music, whistling, sound effects or material to amuse or 
entertain;
    (7) Sounds only to attract attention;
    (8) Obscene, profane or indecent words, language or meaning;
    (9) Advertisements or offers for the sale of goods or services;
    (10) Advertisements for a political candidate or political campaign 
(messages about the campaign business may be communicated);
    (11) International distress signals, such as the word ``Mayday'' 
(except when on a ship, aircraft or other vehicle in immediate danger to 
ask for help);
    (12) Programs (live or delayed) intended for radio or television 
station broadcast (messages about news items or program preparation may 
be communicated);
    (13) Messages which are both conveyed by a wireline control link and 
transmitted by a GMRS station (see Sec. 95.127);
    (14) Messages (except emergency messages) to any station in the 
Amateur Radio Service, to any unauthorized station, or to any foreign 
station;
    (15) Continuous or uninterrupted transmissions, except for 
communications involving the immediate safety of life or property; or
    (16) Messages for public address systems.
    (j) A station operator in a GMRS system licensed to a telephone 
answering service must not transmit any communications to customers of 
the telephone answering service.

[48 FR 35237, Aug. 3, 1983, as amended at 49 FR 4003, Feb. 1, 1984; 56 
FR 13289, Apr. 1, 1991]

 Appendix A to Subpart A to Part 95--Making a Control Station Power Test

    (a) A unit of the mobile station is brought to the control station 
or to a point within 402 meters (\1/4\ mile) of the control station.
    (b) The strength of the signal received at the terminals of the 
feedline to the antenna of the remotely controlled station produced by 
transmissions of the unit of your mobile station must be measured.
    (c) The directional antenna of the control station must be aimed so 
that transmissions

[[Page 540]]

from it produce the greatest signal strength at the terminals of the 
feedline to the antenna of the remotely controlled station.
    (d) The transmitter output power of the control station must be 
adjusted (see Sec. 95.135) so that the signal strength produced at the 
terminals of the feedline to the antenna of the remotely controlled 
station is no more than 6 decibels more than that produced by the unit 
of the mobile station. The maximum transmitter output power permitted 
any GMRS station must not be exceeded (see Sec. 95.135).
    (e) A record must be made of each control station power test and 
kept as part of the GMRS system records.

[48 FR 35237, Aug. 3, 1983, as amended at 49 FR 4003, Feb. 1, 1984, 57 
FR 40343, Sept. 3, 1992]

  Appendix B to Subpart A to Part 95--Where the Large Urban Areas Are 
                                 Located

------------------------------------------------------------------------
                                          North Latitude  West Longitude
                  City                   -------------------------------
                                           deg.   '   ''   deg.   '   ''
------------------------------------------------------------------------
Akron, OH...............................   41    05   00    81   30   44
Albany-Schenectady-Troy, NY.............   42    39   01    73   45   01
Albuquerque, NM.........................   35    05   01   106   39   05
Allentown-Bethlehem-Easton, PA-NJ.......   40    36   11    75   28   06
Ann Arbor, MI...........................   42    16   59    83   44   52
Atlanta, GA.............................   33    45   10    84   23   37
Augusta, GA-SC..........................   33    28   20    81   58   00
Austin, TX..............................   30    16   09    97   44   37
Bakersfield, CA.........................   35    22   31   119   01   16
Baltimore, MD...........................   39    17   26    76   36   45
Baton Rouge, LA.........................   30    26   58    91   11   00
Birmingham, AL..........................   33    31   01    86   48   36
Boston, MA..............................   42    21   24    71   03   25
Bridgeport, CT..........................   41    10   49    73   11   22
Buffalo, NY.............................   42    52   52    78   52   21
Canton, OH..............................   40    47   50    81   22   37
Charleston, SC..........................   32    46   35    79   55   53
Charlotte, NC...........................   35    13   44    80   50   45
Chattanooga, TN-GA......................   35    02   41    85   18   32
Chicago, IL-Northwestern IN.............   41    52   28    87   38   22
Cincinnati, OH-KY.......................   39    06   07    84   30   35
Cleveland, OH...........................   41    29   51    81   41   50
Colorado Springs, CO....................   38    50   07   104   49   16
Columbia, SC............................   34    00   02    81   02   00
Columbus, GA-Ala........................   32    28   07    84   59   24
Columbus, OH............................   39    57   47    83   00   17
Corpus Christi, TX......................   27    47   51    97   23   45
Dallas-Fort Worth, TX...................   32    47   09    96   47   37
Davenport-Rock Island-Moline, IA-IL.....   41    31   00    90   35   00
Dayton, OH..............................   39    45   32    84   11   43
Denver, CO..............................   39    44   58   104   59   22
Des Moines, IA..........................   41    35   14    93   37   00
Detroit, MI.............................   42    19   48    83   02   57
El Paso, TX.............................   31    45   36   106   29   11
Fayetteville, NC........................   35    03   00    78   53   00
Flint, MI...............................   43    00   50    83   41   33
Fort Lauderdale-Hollywood, FL...........   26    07   00    80   09   00
Fort Wayne, IN..........................   41    04   21    85   08   26
Fresno, CA..............................   36    44   12   119   47   11
Grand Rapids, MI........................   42    58   03    85   40   13
Greenville, SC..........................   34    50   50    82   24   01
Harrisburg, PA..........................   40    15   43    76   52   59
Hartford, CT............................   41    46   12    72   40   49
Honolulu, HI............................   21    19   00   157   52   00
Houston, TX.............................   29    45   26    95   21   37
Indianapolis, IN........................   39    46   07    86   09   46
Jackson, MS.............................   32    17   56    90   11   06
Jacksonville, FL........................   30    19   44    81   39   42
Kansas City, MO-KS......................   39    04   56    94   35   20
Knoxville, TN...........................   35    57   39    83   55   07
Lansing, MI.............................   42    44   01    84   33   15
Las Vegas, NV...........................   36    10   20   115   08   37
Lawrence-Haverhill, MA-NH...............   42    42   16    71   10   08
Little Rock-North Little Rock, AR.......   34    44   42    92   16   37
Lorain-Elyria, OH.......................   41    28   00    82   11   00
Los Angeles-Long Beach, CA..............   34    03   15   118   14   28
Louisville, KY-IN.......................   38    14   47    85   45   49
Madison, WI.............................   43    04   23    89   22   55
Melbourne-Cocoa, FL.....................   28    05   00    80   36   00
Memphis, TN-AR-MS.......................   35    08   46    90   03   13
Miami, FL...............................   25    46   37    80   11   32
Milwaukee, WI...........................   43    02   19    87   54   15
Minneapolis-St. Paul, MN................   44    58   57    93   15   43
Mobile, AL..............................   30    41   36    88   02   33
Nashville-Davidson, TN..................   36    09   33    86   46   55
New Haven, CT...........................   41    18   25    72   55   30
New Orleans, LA.........................   29    56   53    90   04   10
Newport News-Hampton, VA................   36    59   30    76   26   00
New York, NY-Northeastern NJ............   40    45   06    73   59   39
Norfolk-Portsmouth, VA..................   36    51   10    76   17   21
Ogden, UT...............................   41    13   31   111   58   21
Oklahoma City, OK.......................   35    28   26    97   31   04
Omaha, NE-IA............................   41    15   42    95   56   14
Orlando, FL.............................   28    32   42    81   22   38
Oxnard-Ventura-Thousand Oaks, CA........   34    12   00   119   11   00
Pensacola, FL...........................   30    24   51    87   12   56
Peoria, IL..............................   40    41   42    89   35   33
Philadelphia, PA-NJ.....................   39    56   58    75   09   21
Phoenix, AZ.............................   33    27   12   112   04   28
Pittsburgh, PA..........................   40    26   19    80   00   00
Portland, OR-WA.........................   45    31   06   122   40   35
Providence-Pawtucket-Warwick, RI-MA.....   41    49   32    71   24   41
Raleigh, NC.............................   35    46   38    78   38   21
Richmond, VA............................   37    32   15    77   26   09
Rochester, NY...........................   43    09   41    77   36   21
Rockford, IL............................   42    16   07    89   05   48
Sacramento, CA..........................   38    34   57   121   29   41
St. Louis, MO-IL........................   38    37   45    90   12   22
St. Petersburg, FL......................   27    46   18    82   38   19
Salt Lake City, UT......................   40    45   23   111   53   26
San Antonio, TX.........................   29    25   37    98   29   06
San Bernardino-Riverside, CA............   34    06   30   117   17   28
San Diego, CA...........................   32    42   53   117   09   21
San Francisco-Oakland, CA...............   37    46   39   122   24   40
San Jose, CA............................   37    20   16   121   53   24
Sarasota-Bradenton, FL..................   27    20   05    82   32   20
Scranton-Wilkes-Barre, PA...............   41    24   32    75   39   46
Seattle-Everett, WA.....................   47    36   32   122   20   12
Shreveport, LA..........................   32    30   46    93   44   58
South Bend, IN-MI.......................   41    40   33    86   15   01
Spokane, WA.............................   47    39   32   117   25   33
Springfield-Chicopee-Holyoke, MA-CT.....   42    06   21    72   35   32
Syracuse, NY............................   43    03   04    76   09   14
Tacoma, WA..............................   47    14   59   122   26   15
Tampa, FL...............................   27    56   58    82   27   25
Toledo, OH-MI...........................   41    39   14    83   32   39
Trenton, NJ-PA..........................   40    13   30    74   45   00
Tucson, AZ..............................   32    13   15   110   58   08
Tulsa, OK...............................   36    09   12    95   59   34
Washington, DC-MD-VA....................   38    53   51    77   00   33
West Palm Beach, FL.....................   26    42   36    80   03   07
Wichita, KS.............................   37    41   30    97   20   16
Wilmington, DE-NJ-MD....................   39    44   46    75   32   51
Worcester, MA...........................   42    15   37    71   48   17
Youngstown-Warren, OH...................   41    05   57    80   39   02

[[Page 541]]

 
San Juan, PR............................   18    28   00    66   07   00
------------------------------------------------------------------------


    Note 1: This appendix lists the urbanized areas of 200,000 or more 
people as shown in the Bureau of Census News Release of July 27, 1981: 
``Provisional Population of Urbanized Areas, 1980.'' The geographical 
coordinates given are from the Department of Commerce publication of 
1947: ``Air-Line Distances Between Cities in the United States'' and 
from data supplied by the National Geodetic Survey. The coordinates are 
determined by using the first city mentioned in the urbanized area as 
the center of the urbanized area.



                  Subpart B--Family Radio Service (FRS)

    Source: 61 FR 28768, June 6, 1996, unless otherwise noted.

                           General Provisions



Sec. 95.191  (FRS Rule 1) Eligibility and responsibility.

    (a) Unless you are a representative of a foreign government, you are 
authorized by this rule to operate an FCC certified FRS unit in 
accordance with the rules in this subpart. No license will be issued.
    (b) You are responsible for all communications that you make with 
the FRS unit. You must share each channel with other users. No channel 
is available for the private or exclusive use of any user.



Sec. 95.192  (FRS Rule 2) Authorized locations.

    (a) Provided that you comply with these rules, you are authorized to 
operate an FRS unit:
    (1) Within or over any area of the world where radio services are 
regulated by the FCC (this area includes the fifty United States and the 
District of Columbia, the Commonwealth of Puerto Rico, the United States 
Virgin Islands (50 islets and cays), American Samoa (seven islands), the 
Commonwealth of Northern Marianna Islands, and Guam Island);
    (2) Within or over any other area of the world, except within or 
over the territorial limits of areas where radio services are regulated 
by an agency of the United States other than the FCC or any foreign 
government (you are subject to its rules);
    (3) Aboard any vessel or aircraft registered in the United States, 
with the permission of the captain, that is within or over any area of 
the world where radio services are regulated by the FCC or upon or over 
international waters;
    (4) or; Aboard any unregistered vessel or aircraft owned or operated 
by a United States citizen or company that is within or over any area of 
the world where radio services are regulated by the FCC or upon or over 
international waters.
    (5) You must operate the FRS unit only according to any applicable 
treaty to which the United States is a party. The FCC will make public 
notice of any such conditions.
    (b) Your use of an FRS unit must not cause harmful interference to a 
FCC monitoring facility. Doing so could result in imposition of 
restrictions upon the operation of the FRS unit within 0.8 km (0.5 mile) 
of the facility by its Engineer-in-Charge. (Geographical coordinates of 
the facilities that require protection are listed in Sec. 0.121(c) of 
this chapter.)
    (c) The FCC may impose additional restrictions on a FRS station if 
the station is located at a point within the National Radio Quiet Zone 
(an area within the States of Maryland, Virginia and West Virginia). The 
Zone is the area bounded by:
    (1) 39 deg. 15' N. on the North;
    (2) 78 deg. 30' W. on the East;
    (3) 37 deg. 30' N. on the South; and
    (4) 80 deg. 30' W. on the West.
    (d) Anyone intending to operate an FRS unit on the islands of Puerto 
Rico, Desecheo, Mona, Vieques, and Culebra in a manner that could pose 
an interference threat to the Arecibo Observatory shall notify the 
Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo, 
Puerto Rico 00613, in writing or electronically, of the location of the 
unit. Operators may wish to consult interference guidelines, which will 
be provided by Cornell University. Operators who choose to transmit 
information electronically should e-mail to: [email protected].

[[Page 542]]

    (1) The notification to the Interference Office, Arecibo Observatory 
shall be made 45 days prior to commencing operation of the unit. The 
notification shall state the geographical coordinates of the unit.
    (2) After receipt of such notifications, the Commission will allow 
the Arecibo Observatory a period of 20 days for comments or objections. 
The operator will be required to make reasonable efforts in order to 
resolve or mitigate any potential interference problem with the Arecibo 
Observatory. If the Commission determines that an operator has satisfied 
its responsibility to make reasonable efforts to protect the Observatory 
from interference, the unit may be allowed to operate.

[61 FR 28768, June 6, 1996, as amended at 62 FR 55535, Oct. 27, 1997]



Sec. 95.193  (FRS Rule 3) Types of communications.

    (a) You may use an FRS unit to conduct two-way voice communications 
with another person. You may use the FRS unit to transmit one-way 
communications only to establish communications with another person, 
send an emergency message, provide traveler assistance, make a voice 
page, or to conduct a brief test.
    (b) The FRS unit may transmit tones to make contact or to continue 
communications with a particular FRS unit. If the tone is audible (more 
than 300 Hertz), it must last no longer than 15 seconds at one time. If 
the tone is subaudible (300 Hertz or less), it may be transmitted 
continuously only while you are talking.
    (c) You must not use an FRS unit in connection with any activity 
which is against federal, state or local law.
    (d) You must, at all times and on all channels, give priority to 
emergency communication messages concerning the immediate safety of life 
or the immediate protection of property.
    (e) No FRS unit may be interconnected to the public switched 
network.



Sec. 95.194  (FRS Rule 4) FRS units.

    (a) You may only use an FCC certified FRS unit. (You can identify an 
FCC certified FRS unit by the label placed on it by the manufacturer.)
    (b) You must not make, or have made, any internal modification to an 
FRS unit. Any internal modification cancels the FCC certification and 
voids your authority to operate the unit in the FRS.
    (c) You may not attach any antenna, power amplifier, or other 
apparatus to an FRS unit that has not been FCC certified as part of that 
FRS unit. There are no exceptions to this rule and attaching any such 
apparatus to a FRS unit cancels the FCC certification and voids 
everyone's authority to operate the unit in the FRS.



              Subpart C--Radio Control (R/C) Radio Service

    Source: 48 FR 24890, June 3, 1983, unless otherwise noted.

                           General Provisions



Sec. 95.201  (R/C Rule 1) What is the Radio Control (R/C) Radio Service?

    The R/C Service is a private, one-way, short distance non-voice 
communications service for the operation of devices at remote locations.



Sec. 95.202  (R/C Rule 2) How do I use these rules?

    (a) You must comply with rules (see R/C Rule 18, Sec. 95.218, for 
the penalties for violations) when you operate a station in the R/C 
service from:
    (1) Within or over the territorial limits of places where radio 
services are regulated by the FCC (see R/C Rule 5, Sec. 95.205);
    (2) Aboard any vessel or aircraft registered in the United States; 
or
    (3) Aboard any unregistered vessel or aircraft owned or operated by 
a United States citizen or company.
    (b) Your R/C station must comply with technical rules found in 
subpart E of part 95.
    (c) Where the rules use the word ``you'', ``you'' means a person 
operating an R/C station.
    (d) Where the rules use the word ``person,'' the rules are concerned 
with an individual, a corporation, a partnership, an association, a 
joint stock company, a trust, a state, territorial or local government 
unit, or other legal entity.

[[Page 543]]

    (e) Where the rules use the term ``FCC,'' that means the Federal 
Communications Commission.
    (f) Where the rules use the term ``R/C station,'' that means a radio 
station transmitting in the R/C Radio Service.



Sec. 95.203  (R/C Rule 3) Am I eligible to operate an R/C station?

    You are authorized to operate an R/C station unless:
    (a) You are a foreign government, a representative of a foreign 
government, or a federal government agency; or
    (b) The FCC has issued a cease and desist order to you, and the 
order is still in effect.



Sec. 95.204  (R/C Rule 4) Do I need a license?

    You do not need an individual license to operate an R/C station. You 
are authorized by this rule to operate your R/C station in accordance 
with the rules in this subpart.



Sec. 95.205  (R/C Rule 5) Where may I operate my R/C station?

    You are authorized to operate your R/C station from:
    (a) Within or over any area of the world where radio services are 
regulated by the FCC. Those areas are within the territorial limits of:
    (1) The fifty United States
    (2) The District of Columbia

                         Caribbean Insular areas

    (3) Commonwealth of Puerto Rico
    (4) Navassa Island
    (5) United States Virgin Islands (50 islets and cays)

                          Pacific Insular areas

    (6) American Samoa (seven islands)
    (7) Baker Island
    (8) Commonwealth of Northern Mariana Islands
    (9) Guam Island
    (10) Howland Island
    (11) Jarvis Island
    (12) Johnston Island (Islets East, Johnston, North and Sand)
    (13) Kingman Reef
    (14) Midway Island (Islets Eastern and Sand)
    (15) Palmyra Island (more than 50 islets)
    (16) Wake Island (Islets Peale, Wake and Wilkes)
    (b) Any other area of the world, except within the territorial 
limits of areas where radio services are regulated by--
    (1) An agency of the United States other than the FCC. (You are 
subject to its rules.)
    (2) Any foreign government. (You are subject to its rules.)
    (c) An aircraft or ship, with the permission of the captain, within 
or over any area of the world where radio services are regulated by the 
FCC or upon or over international waters. You must operate your R/C 
station according to any applicable treaty to which the United States is 
a party.



Sec. 95.206  (R/C Rule 6) Are there any special restrictions on the location of my R/C station?

    (a) If your R/C station is located on premises controlled by the 
Department of Defense, you may be required to comply with additional 
regulations imposed by the commanding officer of the installation.
    (b) If your R/C station will be constructed on an environmental 
sensitive site, or will be operated in such a manner as to raise 
environmental problems, under Sec. 1.1307 of this chapter, you must 
provide an environmental assessment, as set forth in Sec. 1.1311 of this 
chapter, and undergo environmental review Sec. 1.1312 of this chapter, 
before commencement of construction.
    (c) Anyone intending to operate an R/C station on the islands of 
Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that could 
pose an interference threat to the Arecibo Observatory shall notify the 
Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo, 
Puerto Rico 00613, in writing or electronically, of the location of the 
unit. Operators may wish to consult interference guidelines, which will 
be provided by Cornell University. Operators who choose to transmit 
information electronically should e-mail to: [email protected].
    (1) The notification to the Interference Office, Arecibo Observatory

[[Page 544]]

shall be made 45 days prior to commencing operation of the unit. The 
notification shall state the geographical coordinates of the unit.
    (2) After receipt of such notifications, the Commission will allow 
the Arecibo Observatory a period of 20 days for comments or objections. 
The operator will be required to make reasonable efforts in order to 
resolve or mitigate any potential interference problem with the Arecibo 
Observatory. If the Commission determines that an operator has satisfied 
its responsibility to make reasonable efforts to protect the Observatory 
from interference, the unit may be allowed to operate.

[48 FR 24890, June 3, 1983, as amended at 55 FR 20398, May 16, 1990; 62 
FR 55535, Oct. 27, 1997]

                      How To Operate an R/C Station



Sec. 95.207  (R/C Rule 7) On what channels may I operate?

    (a) Your R/C station may transmit only on the following channels 
(frequencies):
    (1) The following channels may be used to operate any kind of device 
(any object or apparatus, except an R/C transmitter), including a model 
aircraft device (any small imitation of an aircraft) or a model surface 
craft device (any small imitation of a boat, car or vehicle for carrying 
people or objects, except aircraft): 26.995, 27.045, 27.095, 27.145, 
27.195 and 27.255 MHz.
    (2) The following channels may only be used to operate a model 
aircraft device:

                                   MHz

72.01
72.03
72.05
72.07
72.09
72.11
72.13
72.15
72.17
72.19
72.21
72.23
72.25
72.27
72.29
72.31
72.33
72.35
72.37
72.39
72.41
72.43
72.45
72.47
72.49
72.51
72.53
72.55
72.57
72.59
72.61
72.63
72.65
72.67
72.69
72.71
72.73
72.75
72.77
72.79
72.81
72.83
72.85
72.87
72.89
72.91
72.93
72.95
72.97
72.99

    (3) The following channels may only be used to operate a model 
surface craft devices:

                                   MHz

75.41
75.43
75.45
75.47
75.49
75.51
75.53
75.55
75.57
75.59
75.61
75.63
75.65
75.67
75.69
75.71
75.73
75.75
75.77
75.79
75.81
75.83
75.85
75.87
75.89
75.91
75.93
75.95
75.97
75.99

    (b) You must share the channels with other R/C stations. You must 
cooperate in the selection and use of the channels. You must share the 
Channel 27.255 MHz with stations in other radio services. There is no 
protection from interference on any of these channels.
    (c) Your R/C station may not transmit simultaneously on more than 
one channel in the 72-76 MHz band when your operation would cause 
harmful interference to the operation of other

R/C stations.
    (d) Your R/C station must stop transmitting if it interferes with:
    (1) Authorized radio operations in the 72-76 MHz band; or
    (2) Television reception on TV Channels 4 or 5.
    (e) [Reserved]
    (f) Stations in the 26-27 MHz range are not afforded any protection 
from interference caused by the operation of industrial, scientific of 
medical devices. Such stations also operate on a shared basis with other 
stations in the Personal Radio Services.
    (g) Stations in the 72-76 MHz range are subject to the condition 
that inteference will not be caused to the remote control of industrial 
equipment

[[Page 545]]

operating on the same or adjacent frequencies or to the reception of 
television transmissions on Channels 4 and 5. These frequencies are not 
afforded any protection from interference due to the operation of fixed 
and mobile stations in other services assigned to the same or adjacent 
frequencies.

[48 FR 24890, June 3, 1983. Redesignated at 49 FR 6098, Feb. 17, 1984, 
and amended at 50 FR 37857, Sept. 18, 1985; 52 FR 16263, May 4, 1987; 57 
FR 40343, Sept. 3, 1992]



Sec. 95.208  (R/C Rule 8) How high may I put my antenna?

    (a) Antenna means the radiating system (for transmitting, receiving 
or both) and the structure holding it up (tower, pole or mast). It also 
means everything else attached to the radiating system and the 
structure.
    (b) If your antenna is mounted on a hand-held portable unit, none of 
the following limitations apply.
    (c) If your antenna is installed at a fixed location, it (whether 
receiving, transmitting or both) must comply with either one of the 
following:
    (1) The highest point must not be more than 6.10 meters (20 feet) 
higher than the highest point of the building or tree on which it is 
mounted; or
    (2) The highest point must not be more than 18.3 meters (60 feet) 
above the ground.
    (d) If your R/C station is located near an airport, and if you 
antenna structure is more than 6.1 meters (20 feet) high, your may have 
to obey additional restrictions. The highest point of your antenna must 
not exceed one meter above the airport elevation for every hundred 
meters of distance from the nearest point of the nearest airport runway. 
Differences in ground elevation between your antenna and the airport 
runway may complicate this formula. If your R/C station is near an 
airport, you may contact the nearest FCC field office for a worksheet to 
help you figure the maximum allowable height of your antenna. Consult 
part 17 of the FCC's Rules for more information.

WARNING: Installation and removal of R/C station antennas near 
powerlines is dangerous. For your safety, follow the installation 
directions included with your antenna.

[48 FR 24890, June 3, 1983, as amended at 48 FR 41416, Sept. 15, 1983]



Sec. 95.209  (R/C Rule 9) What equipment may I use at my R/C station?

    (a) Your R/C station may transmit only with:
    (1) An FCC certificated R/C transmitter (certificated means the FCC 
has determined that certain radio equipment is capable of meeting 
recommended standards for operation); or
    (2) A non-certificated R/C transmitter on Channels 26.995-27.255 MHz 
if it complies with the technical standards (see part 95, subpart E).
    (3) Use of a transmitter outside of the band 26.955-27.255 MHz which 
is not certificated voids your authority to operate the station. Use of 
a transmitter in the band 26.995-27.255 MHz which does not comply with 
the technical standards voids your authority to operate the station.
    (b) You may examine a list of certificated transmitters at any FCC 
field office.
    (c) Your R/C station may transmit with a transmitter assembled from 
a kit.
    (d) You must not make, or have made, any internal modification to a 
certificated transmitter. (See R/C Rule 22.) Any internal modification 
to a certificated transmitter cancels the certification, and use of such 
a transmitter voids your authority to operate the station.

[63 FR 36610, July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.209 was 
revised, effective Oct. 5, 1998. For the convenience of the user the 
superseded text is set forth as follows:

Sec. 95.209  (R/C Rule 9) What equipment may I use at my R/C station?

    (a) Your R/C station may transmit only with:
    (1) An FCC type accepted (or type approved) R/C transmitter (Type 
accepted means the FCC has determined that certain radio equipment is 
capable of meeting recommended standards for operation); or
    (2) A non-type accepted R/C transmitter on Channels 26.995-27.255 
MHz if it complies with the technical standards (see part 95, subpart 
E).
    (3) Use of a transmitter outside of the band 26.995-27.255 MHz which 
is not type accepted

[[Page 546]]

(or type approved) voids your authority to operate the station. Use of a 
transmitter in the band 26.995-27.255 MHz which does not comply with the 
technical standards voids your authority to operate the station.
    (b) You may examine a list of type accepted transmitters at any FCC 
field office.
    (c) Your R/C station may transmit with a transmitter assembled from 
a kit.
    (d) You must not make, or have made, any internal modification to a 
type-accepted transmitter. (See R/C Rule 22.) Any internal modification 
to a type-accepted transmitter cancels the type-acceptance, and use of 
such a transmitter voids your authority to operate the station.



Sec. 95.210  (R/C Rule 10) How much power may I use?

    (a) Your R/C station transmitter power output must not exceed the 
following value under any conditions:

------------------------------------------------------------------------
                                                             Transmitter
                                                                power
                          Channel                              (carrier
                                                                power)
                                                               (watts)
------------------------------------------------------------------------
27.255 MHz.................................................          25
26.995-27.195 MHz..........................................           4
72-76 MHz..................................................        0.75
------------------------------------------------------------------------

    (b) Use of a transmitter which has power output in excess of that 
authorized voids your authority to operate the station.



Sec. 95.211  (R/C Rule 11) What communications may be transmitted?

    (a) You may only use your R/C station to transmit one-way 
communications. (One-way communications are transmissions which are not 
intended to establish communications with another station.)
    (b) You may only use your R/C station for the following purposes:
    (1) The operator turns on and/or off a device at a remote location 
(Refer to Diagram 1); or
    (2) A sensor at a remote location turns on and/off an indicating 
device for the operator. (Refer to Diagram 2). Only Channels 26.995 to 
27.255 MHz (see R/C Rule 7, Sec. 95.207(a)(1)) may be used for this 
purpose. (A remote location means a place distant from the operator.)

[[Page 547]]

[GRAPHIC] [TIFF OMITTED] TC02AP91.014

    (c) Your R/C station may transmit any appropriate non-voice 
emission.

[48 FR 24890, June 3, 1983, as amended at 50 FR 37857, Sept. 18, 1985; 
57 FR 40343, Sept. 3, 1992]



Sec. 95.212  (R/C Rule 12) What communications are prohibited?

    You must not use an R/C station--
    (a) In connection with any activity which is against federal, state 
or local law;
    (b) To transmit any message other than for operation of devices at 
remote locations (no voice, telegraphy, etc.);
    (c) To intentionally interfere with another station's transmissions;
    (d) To operate another R/C transmitter by remote control (See R/C 
Rule 17, Sec. 95.217); or
    (e) To transmit two-way communications.
    (f) To transmit data. Tone or other signal encoding, however, is not 
considered to be data when only used either for the purpose of 
identifying the specific device among multiple devices that the operator 
intends to turn on/off, or the specific sensor among multiple sensors 
intended to turn on/off indicating device for the operator.

[48 FR 24890, June 3, 1983, as amended at 54 FR 8336, Feb. 28, 1989; 54 
FR 20476, May 11, 1989]



Sec. 95.213  (R/C Rule 13) May I be paid to use my R/C station?

    (a) You may not accept direct or indirect payment for transmitting 
with an R/C station.
    (b) You may use an R/C station to help you provide a service, and be 
paid for that service, as long as you are paid only for the service and 
not for the actual use of the R/C station.



Sec. 95.214  (R/C Rule 14) Who is responsible for R/C communications I make?

    You are responsible for all communications which are made by you 
from an R/C station.

[[Page 548]]



Sec. 95.215  (R/C Rule 15) Do I have to limit the length of my communications?

    (a) You must limit your R/C communications to the minimum practical 
time.
    (b) The only time your R/C communications may be a continuous signal 
for more than 3 minutes is when operation of the device requires at 
least one or more changes during each minute of the communications.
    (c) Your R/C station may transmit a continuous signal without 
modulation only if:
    (1) You are using it to operate a model aircraft device; and
    (2) The presence or absence of the signal operates the device.
    (d) If you show that you need a continuous signal to insure the 
immediate safety of life of property, the FCC may make an exception to 
the limitations in this rule.



Sec. 95.216  (R/C Rule 16) Do I identify my R/C communications?

    You need not identify your R/C communications.



Sec. 95.217  (R/C Rule 17) May I operate my R/C station transmitter by remote control?

    (a) You may not operate an R/C transmitter by radio remote control. 
(See R/C Rule 12, Sec. 95.212.)
    (b) You may operate an R/C transmitter by wireline remote control if 
you obtain specific approval in writing from the FCC. To obtain FCC 
approval, you must show why you need to operate your station by wireline 
remote control. Send your request and justification to FCC, Gettysburg, 
Pa. 17325. If you receive FCC approval, you must keep the approval as 
part of your station records. (See R/C Rule 24, Sec. 95.224.)
    (c) Remote control means operation of an R/C transmitter from any 
place other than the location of the R/C transmitter. Direct mechanical 
control or direct electrical control by wire from some point on the same 
premises, craft or vehicles as the R/C transmitter is not considered 
remote control.

                      Other Things You Need To Know



Sec. 95.218  (R/C Rule 18) What are the penalties for violating these rules?

    (a) If the FCC finds that you have willfully or repeatedly violated 
the Communications Act or the FCC Rules, you may have to pay as much as 
$10,000 for each violation, up to a total of $75,000. (See Section 
503(b) of the Communications Act.)
    (b) If the FCC finds that you have violated any section of the 
Communications Act or the FCC Rules, you may be ordered to stop whatever 
action caused the violation. (See section 312(b) of the Communications 
Act.)
    (c) If a federal court finds that you have willfully and knowingly 
violated any FCC Rule, you may be fined up to $500 for each day you 
committed the violation. (See section 502 of the Communications Act.)
    (d) If a Federal court finds that you have willfully and knowingly 
violated any provision of the Communications Act, you may be fined up to 
$10,000, or you may be imprisoned for one year, or both. (See section 
501 of the Communications Act.)

[48 FR 24890, June 3, 1983, as amended at 57 FR 40343, Sept. 3, 1992]



Sec. 95.219  (R/C Rule 19) How do I answer correspondence from the FCC?

    (a) If it appears to the FCC that you have violated the 
Communications Act or FCC rules, the FCC may send you a discrepancy 
notice.
    (b) Within the time period stated in the notice, you must answer 
with:
    (1) A complete written statement about the apparent discrepancy;
    (2) A complete written statement about any action you have taken to 
correct the apparent violation and to prevent it from happening again; 
and
    (3) The name of the person operating at the time of the apparent 
violation.
    (c) If the FCC send you a letter asking you questions about your R/C 
radio station or its operation, you must answer each of the questions 
with a complete written statement within the time period stated in the 
letter.
    (d) You must not shorten your answer by references to other 
communications or notices.

[[Page 549]]

    (e) You must send your answer to the FCC office which sent you the 
notice.
    (f) You must keep a copy of your answer in your station records (see 
R/C Rule 24, Sec. 95.224).



Sec. 95.220  (R/C Rules 20) What must I do if the FCC tells me that my R/C station is causing interference?

    (a) If the FCC tells you that your R/C station is causing 
interference for technical reasons, you must follow all instructions in 
the official FCC notice. (This notice may require you to have technical 
adjustments made to your equipment.)
    (b) You must comply with any restricted hours of R/C station 
operation which may be included in the official FCC notice.



Sec. 95.221  (R/C Rule 21) How do I have my R/C transmitter serviced?

    (a) You may adjust an antenna to your R/C transmitter and you may 
make radio checks. (A radio check means a one-way transmission for a 
short time in order to test the transmitter.)
    (b) You are responsible for the proper operation of the station at 
all times and are expected to provide for observations, servicing and 
maintenance as often as may be necessary to ensure proper operation. 
Each internal repair and each internal adjustment to an FCC certificated 
R/C transmitter (see R/C Rule 9) must be made in accord with the 
Technical Regulations (see subpart E). The internal repairs or internal 
adjustments should be performed by or under the immediate supervision 
and responsibility of a person certified as technically qualified to 
perform transmitter maintenance and repair duties in the private land 
mobile services and fixed services by an organization or committee 
representative of users in those services.
    (c) Except as provided in paragraph (d) of this section, each 
internal repair and each internal adjustment of an R/C transmitter in 
which signals are transmitted must be made using a nonradiating 
(``dummy'') antenna.
    (d) Brief test signals (signals not longer than one minute during 
any five minute period) using a radiating antenna may be transmitted in 
order to:
    (1) Adjust a transmitter to an antenna;
    (2) Detect or measure radiation of energy other than the intended 
signal; or
    (3) Tune a receiver to your R/C transmitter.

(Secs. 4(i) and 303(r), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(r), and sec. 553 of the Administrative Procedures 
Act, 5 U.S.C. 553)

[48 FR 24890, June 3, 1983, as amended at 49 FR 20673, May 16, 1984; 63 
FR 36610, July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.221 was 
amended in paragraph (b) by removing the term ``type accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



Sec. 95.222  (R/C Rule 22) May I make any changes to my R/C station transmitter?

    (a) You must not make or have anyone else make an internal 
modification to your R/C transmitter.
    (b) Internal modification does not include:
    (1) Repair or servicing of an R/C station transmitter (see R/C Rule 
21, Sec. 95.221); or
    (2) Changing plug-in modules which were certificated as part of your 
R/C transmitter.
    (c) You must not operate an R/C transmitter which has been modified 
by anyone in any way, including modification to operate on unauthorized 
frequencies or with illegal power. (See R/C Rules 9 and 10, Secs. 95.209 
and 95.210.)

[48 FR 24894, June 3, 1983, as amended at 63 FR 36610, July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.222 was 
amended in paragraph (b)(2) by removing the term ``type accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



Sec. 95.223  (R/C Rule 23) Do I have to make my R/C station available for inspection?

    (a) If an authorized FCC representative requests to inspect your R/C 
station, you must make your R/C station and records available for 
inspection.
    (b) An R/C station includes all of the radio equipment you use.

[[Page 550]]



Sec. 95.224  (R/C Rule 24) What are my station records?

    Your station records include the following documents, as applicable:
    (a) A copy of each response to an FCC violation notice or an FCC 
letter. (See R/C Rule 19, Sec. 95.219.)
    (b) Each written permission received from the FCC. (See R/C Rule 
17.)



Sec. 95.225  (R/C Rule 25) How do I contact the FCC?

    (a) Write to your nearest FCC Field Office if you:
    (1) Want to report an interference complaint; or
    (2) Want to know if the FCC has certificated a transmitter for R/C.
    (b) Write to the FCC, Wireless Telecommunications Bureau, Private 
Wireless Division, Washington, DC 20554, if you have questions about the 
R/C Rules.

[48 FR 24890, June 3, 1983, as amended at 48 FR 41416, Sept. 15, 1983; 
60 FR 50123, Sept. 28, 1995; 63 FR 36610, July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.225, 
paragraph (a)(2) was amended by removing the term ``type-accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



               Subpart D--Citizens Band (CB) Radio Service

    Source: 48 FR 24894, June 3, 1983, unless otherwise noted.

                           General Provisions



Sec. 95.401  (CB Rule 1) What are the Citizens Band Radio Services?

    The Citizens Band Radio Services are:
    (a) The Citizens Band (CB) Radio Service--a private, two-way, short-
distance voice communications service for personal or business 
activities of the general public. The CB Radio Service may also be used 
for voice paging.
    (b) The Family Radio Service (FRS)--a private, two-way, very short-
distance voice communications service for facilitating family and group 
activities. The rules for this service are contained in subpart B of 
this part.
    (c) The Low Power Radio Service (LPRS)--a private, short-distance 
communication service providing auditory assistance to persons with 
disabilities, persons who require language translation, and persons in 
educational settings, health care assistance to the ill, law enforcement 
tracking services in cooperation with law enforcement, and point-to-
point network control communications for Automated Marine 
Telecommunications System (AMTS) coast stations licensed under part 80 
of this chapter. The rules for this service are listed under subpart G 
of this part. Two-way voice communications are prohibited.

[61 FR 28769, June 6, 1996, as amended at 61 FR 46566, Sept. 4, 1996]



Sec. 95.402  (CB Rule 2) How do I use these rules?

    (a) You must comply with these rules (See CB Rule 21 Sec. 95.421, 
for the penalties for violations) when you operate a station in the CB 
Service from:
    (1) Within or over the territorial limits of places where radio 
services are regulated by the FCC (see CB Rule 5, Sec. 95.405);
    (2) Aboard any vessel or aircraft registered in the United States; 
or
    (3) Aboard any unregistered vessel or aircraft owned or operated by 
a United States citizen or company.
    (b) Your CB station must comply with technical rules found in 
subpart E of part 95.
    (c) Where the rules use the word ``you'', ``you'' means a person 
operating a CB station.
    (d) Where the rules use the word ``person,'' the rules are concerned 
with an individual, a corporation, a partnership, an association, a 
joint stock company, a trust, a state, territorial or local government 
unit, or other legal entity.
    (e) Where the rules use the term ``FCC'', that means the Federal 
Communications Commission.
    (f) Where the rules use the term ``CB station'', that means a radio 
station transmitting in the CB Radio Service.



Sec. 95.403  (CB Rule 3) Am I eligible to operate a CB station?

    You are authorized to operate a CB station unless:

[[Page 551]]

    (a) You are a foreign government, a representative of a foreign 
government, or a federal government agency; or
    (b) The FCC has issued a cease and desist order to you, and the 
order is still in effect.



Sec. 95.404  (CB Rule 4) Do I need a license?

    You do not need an individual license to operate a CB station. You 
are authorized by this rule to operate your CB station in accordance 
with the rules in this subpart.



Sec. 95.405  (CB Rule 5) Where may I operate my CB station?

    You are authorized to operate your CB station from:
    (a) Within or over any area of the world where radio services are 
regulated by the FCC. Those areas are within the territorial limits of:
    (1) The fifty United States.
    (2) The District of Columbia.

                         Caribbean Insular areas

    (3) Commonwealth of Puerto Rico.
    (4) Navassa Island.
    (5) United States Virgin Islands (50 islets and cays).

                          Pacific Insular areas

    (6) American Samoa (seven islands).
    (7) Baker Island.
    (8) Commonwealth of Northern Mariana Islands.
    (9) Guam Island.
    (10) Howland Island.
    (11) Jarvis Island.
    (12) Johnston Island (Islets East, Johnston, North and Sand).
    (13) Kingman Reef.
    (14) Midway Island (Islets Eastern and Sand).
    (15) Palmyra Island (more than 50 islets).
    (16) Wake Island (Islets Peale, Wake and Wilkes).
    (b) Any other area of the world, except within the territorial 
limits of areas where radio services are regulated by--
    (1) An agency of the United States other than the FCC. (You are 
subject to its rules.)
    (2) Any foreign government. (You are subject to its rules.)
    (c) An aircraft or ship, with the permission of the captain, within 
or over any area of the world where radio services are regulated by the 
FCC or upon or over international waters. You must operate your CB 
station according to any applicable treaty to which the United States is 
a party.
    (d) Anyone intending to operate a CB station on the islands of 
Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that could 
pose an interference threat to the Arecibo Observatory shall notify the 
Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo, 
Puerto Rico 00613, in writing or electronically, of the location of the 
unit. Operators may wish to consult interference guidelines, which will 
be provided by Cornell University. Operators who choose to transmit 
information electronically should e-mail to: [email protected].
    (1) The notification to the Interference Office, Arecibo Observatory 
shall be made 45 days prior to commencing operation of the unit. The 
notification shall state the geographical coordinates of the unit.
    (2) After receipt of such notifications, the Commission will allow 
the Arecibo Observatory a period of 20 days for comments or objections. 
The operator will be required to make reasonable efforts in order to 
resolve or mitigate any potential interference problem with the Arecibo 
Observatory. If the Commission determines that an operator has satisfied 
its responsibility to make reasonable efforts to protect the Observatory 
from interference, the unit may be allowed to operate.

[48 FR 24894, June 3, 1983, as amended at 62 FR 55535, Oct. 27, 1997]



Sec. 95.406  (CB Rule 6) Are there any special restrictions on the location of my CB station?

    (a) If your CB station is located on premises controlled by the 
Department of Defense you may be required to comply with additional 
regulations imposed by the commanding officer of the installation.
    (b) If your C/B station will be constructed on an environmentally 
sensitive site, or will be operated in such a manner as to raise 
environmental problems, under Sec. 1.1307 of this chapter,

[[Page 552]]

you must provide an environmental assessment, as set forth in 
Sec. 1.1311 of this chapter, and undergo the environmental review, 
Sec. 1.1312 of this chapter, before commencement of construction.

[48 FR 24894, June 3, 1983, as amended at 55 FR 20398, May 16, 1990]

                       How To Operate a CB Station



Sec. 95.407  (CB Rule 7) On what channels may I operate?

    (a) Your CB station may transmit only on the following channels 
(frequencies):

------------------------------------------------------------------------
                                                            Frequency
                        Channel                         (megahertz--MHz)
------------------------------------------------------------------------
1.....................................................         26.965
2.....................................................         26.975
3.....................................................         26.985
4.....................................................         27.005
5.....................................................         27.015
6.....................................................         27.025
7.....................................................         27.035
8.....................................................         27.055
9.....................................................      \1\27.065
10....................................................         27.075
11....................................................         27.085
12....................................................         27.105
13....................................................         27.115
14....................................................         27.125
15....................................................         27.135
16....................................................         27.155
17....................................................         27.165
18....................................................         27.175
19....................................................         27.185
20....................................................         27.205
21....................................................         27.215
22....................................................         27.225
23....................................................         27.255
24....................................................         27.235
25....................................................         27.245
26....................................................         27.265
27....................................................         27.275
28....................................................         27.285
29....................................................         27.295
30....................................................         27.305
31....................................................         27.315
32....................................................         27.325
33....................................................         27.335
34....................................................         27.345
35....................................................         27.355
36....................................................         27.365
37....................................................         27.375
38....................................................         27.385
39....................................................         27.395
40....................................................         27.405
------------------------------------------------------------------------
\1\ See paragraph (b) of this section.

    (b) Channel 9 may be used only for emergency communications or for 
traveler assistance.
    (c) You must, at all times and on all channels, give priority to 
emergency communication messages concerning the immediate safety of life 
or the immediate protection of property.
    (d) You may use any channel for emergency communications or for 
traveler assistance.
    (e) You must share each channel with other users.
    (f) The FCC will not assign any channel for the private or exclusive 
use of any particular CB station or group of stations.
    (g) The FCC will not assign any channel for the private of exclusive 
use of CB stations transmitting single sideband or AM.



Sec. 95.408  (CB Rule 8) How high may I put my antenna?

    (a) Antenna means the radiating system (for transmitting, receiving 
or both) and the structure holding it up (tower, pole or mast). It also 
means everything else attached to the radiating system and the 
structure.
    (b) If your antenna is mounted on a hand-held portable unit, none of 
the following limitations apply.
    (c) If your antenna is installed at a fixed location, it (whether 
receiving, transmitting or both) must comply with either one of the 
following:
    (1) The highest point must not be more than 6.10 meters (20 feet) 
higher than the highest point of the building or tree on which it is 
mounted; or
    (2) The highest point must not be more than 18.3 meters (60 feet) 
above the ground.
    (d) If your CB station is located near an airport, and if you 
antenna structure is more than 6.1 meters (20 feet) high, you may have 
to obey additional restrictions. The highest point of your antenna must 
not exceed one meter above the airport elevation for every hundred 
meters of distance from the nearest point of the nearest airport runway. 
Differences in ground elevation between your antenna and the airport 
runway may complicate this formula. If your CB station is near an 
airport, you may contact the nearest FCC field office for a worksheet to 
help you figure the maximum allowable height of your antenna. Consult 
part 17 of the FCC's Rules for more information.


[[Page 553]]


WARNING: Installation and removal of CB station antennas near powerlines 
is dangerous. For your safety, follow the installation directions 
included with your antenna.

[48 FR 24894, June 3, 1983, as amended at 48 FR 41416, Sept. 15, 1983]



Sec. 95.409  (CB Rule 9) What equipment may I use at my CB station?

    (a) You must use an FCC certificated CB transmitter at your CB 
station. You can identify an FCC certificated transmitter by the 
certification label placed on it by the manufacturer. You may examine a 
list of certificated equipment at any FCC Field Office or at FCC 
Headquarters. Use of a transmitter which is not FCC certificated voids 
your authority to operate the station.
    (b) You must not make, or have made, any internal modification to a 
certificated CB transmitter. (See CB Rule 25, Sec. 95.425). Any internal 
modification to a certificated CB transmitter cancels the certification, 
and use of such a transmitter voids your authority to operate the 
station.

[48 FR 24894, June 3, 1983, as amended at 63 FR 36610, July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.409, 
paragraphs (a) and (b) were amended by removing the term ``type-
accepted'' each place it appears and adding in its place 
``certificated'', and by removing the term ``type acceptance'' each 
place it appears and adding in its place ``certification'', effective 
Oct. 5, 1998.



Sec. 95.410  (CB Rule 10) How much power may I use?

    (a) Your CB station transmitter power output must not exceed the 
following values under any conditions:

    AM (A3)--4 watts (carrier power) SSB--12 watts (peak envelope power)

    (b) If you need more information about the power rule, see the 
technical rules in subpart E of part 95.
    (c) Use of a transmitter which has carrier or peak envelope power in 
excess of that authorized voids your authority to operate the station.



Sec. 95.411  (CB Rule 11) May I use power amplifiers?

    (a) You may not attach the following items (power amplifiers) to 
your certificated CB transmitter in any way:
    (1) External radio frequency (RF) power amplifiers (sometimes called 
linears or linear amplifiers); or
    (2) Any other devices which, when used with a radio transmitter as a 
signal source, are capable of amplifying the signal.
    (b) There are no exceptions to this rule and use of a power 
amplifier voids your authority to operate the station.
    (c) The FCC will presume you have used a linear or other external RF 
power amplifier if--
    (1) It is in your possession or on your premises; and
    (2) There is other evidence that you have operated your CB station 
with more power than allowed by CB Rule 10, Sec. 95.410.
    (d) Paragraph (c) of this section does not apply if you hold a 
license in another radio service which allows you to operate an external 
RF power amplifier.

[48 FR 24894, June 3, 1983, as amended at 63 FR 36610, July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.411, 
paragraph (a) introductory text was amended by removing the term ``type-
accepted'' and adding in its place ``certificated'', effective Oct. 5, 
1998.



Sec. 95.412  (CB Rule 12) What communications may be transmitted?

    (a) You may use your CB station to transmit two-way plain language 
communications. Two-way plain language communications are communications 
without codes or coded messages. Operating signals such as ``ten codes'' 
are not considered codes or coded messages. You may transmit two-way 
plain language communications only to other CB stations, to units of 
your own CB station or to authorized government stations on CB 
frequencies about--
    (1) Your personal or business activities or those of members of your 
immediate family living in your household;
    (2) Emergencies (see CB Rule 18, Sec. 95.418);
    (3) Traveler assistance (see CB Rule 18, Sec. 95.418); or
    (4) Civil defense activities in connection with official tests or 
drills conducted by, or actual emergencies announced by, the civil 
defense agency

[[Page 554]]

with authority over the area in which your station is located.
    (b) You may use your CB station to transmit a tone signal only when 
the signal is used to make contact or to continue communications. 
(Examples of circuits using these signals are tone operated squelch and 
selective calling circuits.) If the signal is an audible tone, it must 
last no longer than 15 seconds at one time. If the signal is a 
subaudible tone, it may be transmitted continuously only as long as you 
are talking.
    (c) You may use your CB station to transmit one-way communications 
(messages which are not intended to establish communications between two 
or more particular CB stations) only for emergency communications, 
traveler assistance, brief tests (radio checks) or voice paging.



Sec. 95.413  (CB Rule 13) What communications are prohibited?

    (a) You must not use a CB station--
    (1) In connection with any activity which is against federal, state 
or local law;
    (2) To transmit obscence, indecent or profane words, language or 
meaning;
    (3) To interfere intentionally with the communications of another CB 
station;
    (4) To transmit one-way communications, except for emergency 
communications, traveler assistance, brief tests (radio checks), or 
voice paging;
    (5) To advertise or solicit the sale of any goods or services;
    (6) To transmit music, whistling, sound effects or any material to 
amuse or entertain;
    (7) To transmit any sound effect solely to attract attention;
    (8) To transmit the word ``MAYDAY'' or any other international 
distress signal, except when your station is located in a ship, aircraft 
or other vehicle which is threatened by grave and imminent danger and 
your are requesting immediate assistance;
    (9) To communicate with, or attempt to communicate with, any CB 
station more than 250 kilometers (155.3 miles) away;
    (10) To advertise a political candidate or political campaign; (you 
may use your CB radio for the business or organizational aspects of a 
campaign, if you follow all other applicable rules);
    (11) To communicate with stations in other countries, except General 
Radio Service stations in Canada; or
    (12) To transmit a false or deceptive communication.
    (b) You must not use a CB station to transmit communications for 
live or delayed rebroadcast on a radio or television broadcast station. 
You may use your CB station to gather news items or to prepare programs.



Sec. 95.414  (CB Rule 14) May I be paid to use my CB station?

    (a) You may not accept direct or indirect payment for transmitting 
with a CB station.
    (b) You may use a CB station to help you provide a service, and be 
paid for that service, as long as you are paid only for the service and 
not for the actual use of the CB station.



Sec. 95.415  (CB Rule 15) Who is responsible for communications I make?

    You are responsible for all communications which are made by you 
from a CB station.



Sec. 95.416  (CB Rule 16) Do I have to limit the length of my communications?

    (a) You must limit your CB communications to the minimum practical 
time.
    (b) If you are communicating with another CB station or stations, 
you, and the stations communicating with you, must limit each of your 
conversations to no more than five continuous minutes.
    (c) At the end of your conversation, you, and the stations 
communicating with you, must not transmit again for at least one minute.



Sec. 95.417  (CB Rule 17) Do I identify my CB communications?

    (a) You need not identify your CB communications.
    (b) [You are encouraged to identify your CB communications by any of 
the following means:
    (1) Previously assigned CB call sign;
    (2) K prefix followed by operator initials and residence zip code;
    (3) Name; or

[[Page 555]]

    (4) Organizational description including name and any applicable 
operator unit number.]
    (c) [You are encouraged to use your ``handle'' only in conjuction 
with the methods of identification listed in paragraph (b) of this 
section.]



Sec. 95.418  (CB Rule 18) How do I use my CB station in an emergency or to assist a traveler?

    (a) You must at all times and on all channels, give priority to 
emergency communications.
    (b) When you are directly participating in emergency communications, 
you do not have to comply with the rule about length of transmissions 
(CB Rule 16, Sec. 95.416). You must obey all other rules.
    (c) You may use your CB station for communications necessary to 
assist a traveler to reach a destination or to receive necessary 
services. When you are using your CB station to assist a traveler, you 
do not have to obey the rule about length of transmissions (CB Rule 16, 
Sec. 95.416). You must obey all other rules.
    (d) You may use your CB station to transmit one-way communications 
concerning highway conditions to assist travelers.

[48 FR 24894, June 3, 1983, as amended at 57 FR 22442, May 28, 1992]



Sec. 95.419  (CB Rule 19) May I operate my CB station transmitter by remote control?

    (a) You may not operate a CB station transmitter by radio remote 
control.
    (b) You may operate a CB transmitter by wireline remote control if 
you obtain specific approval in writing from the FCC. To obtain FCC 
approval, you must show why you need to operate your station by wireline 
remote control. Send your request and justification to FCC, 1270 
Fairfield Road, Gettysburg, PA 17325-7245. If you receive FCC approval, 
you must keep the approval as part of your station records. (See CB Rule 
27, Sec. 95.427.)
    (c) Remote control means operation of a CB transmitter from any 
place other than the location of the CB transmitter. Direct mechanical 
control or direct electrical control by wire from some point on the same 
premises, craft or vehicle as the CB transmitter is not considered 
remote control.

[48 FR 24894, June 3, 1983, as amended at 57 FR 40343, Sept. 3, 1992]



Sec. 95.420  (CB Rule 20) May I connect my CB station transmitter to a telephone?

    (a) You may connect your CB station transmitter to a telephone if 
you comply with all of the following:
    (1) You or someone else must be present at your CB station and 
must--
    (i) Manually make the connection (the connection must not be made by 
remote control);
    (ii) Supervise the operation of the transmitter during the 
connection;
    (iii) Listen to each communication during the connection; and
    (iv) Stop all communications if there are operations in violation of 
these rules.
    (2) Each communication during the telephone connection must comply 
with all of these rules.
    (3) You must obey any restriction that the telephone company places 
on the connection of a CB transmitter to a telephone.
    (b) The CB transmitter you connect to a telephone must not be shared 
with any other CB station.
    (c) If you connect your CB transmitter to a telephone, you must use 
a phone patch device with has been registered with the FCC.

                      Other Things You Need To Know



Sec. 95.421  (CB Rule 21) What are the penalties for violating these rules?

    (a) If the FCC finds that you have willfully or repeatedly violated 
the Communications Act or the FCC Rules, you may have to pay as much as 
$10,000 for each violation, up to a total of $75,000. (See section 
503(b) of the Communications Act.)
    (b) If the FCC finds that you have violated any section of the 
Communications Act or the FCC Rules, you may be ordered to stop whatever 
action caused the violation. (See section 312(b) of the Communications 
Act.)
    (c) If a Federal court finds that you have willfully and knowingly 
violated any FCC Rule, you may be fined up to $500 for each day you 
committed the

[[Page 556]]

violation. (See section 502 of the Communications Act.)
    (d) If a Federal court finds that you have willfully and knowingly 
violated any provision of the Communications Act, you may be fined up to 
$10,000 or you may be imprisoned for one year, or both. (See section 501 
of the Communications Act.)

[48 FR 24894, June 3, 1983, as amended at 57 FR 40343, Sept. 3, 1992]



Sec. 95.422  (CB Rule 22) How do I answer correspondence from the FCC?

    (a) If it appears to the FCC that you have violated the 
Communications Act or these rules, the FCC may send you a discrepancy 
notice.
    (b) Within the time period stated in the notice, you must answer 
with:
    (1) A complete written statement about the apparent discrepancy;
    (2) A complete written statement about any action you have taken to 
correct the apparent violation and to prevent it from happening again; 
and
    (3) The name of the person operating at the time of the apparent 
violation.
    (c) If the FCC sends you a letter asking you questions about your CB 
radio station or its operation, you must answer each of the questions 
with a complete written statement within the time period stated in the 
letter.
    (d) You must not shorten your answer by references to other 
communications or notices.
    (e) You must send your answer to the FCC office which sent you the 
notice.
    (f) You must keep a copy of your answer in your station records. 
(See CB Rule 27, Sec. 95.427.)



Sec. 95.423  (CB Rule 23) What must I do if the FCC tells me that my CB station is causing interference?

    (a) If the FCC tells you that your CB station is causing 
interference for technical reasons you must follow all instructions in 
the official FCC notice. (This notice may require you to have technical 
adjustments made to your equipment.)
    (b) You must comply with any restricted hours of CB station 
operation which may be included in the official notice.



Sec. 95.424  (CB Rule 24) How do I have my CB station transmitter serviced?

    (a) You may adjust an antenna to your CB transmitter and you may 
make radio checks. (A radio check means a one way transmission for a 
short time in order to test the transmitter.)
    (b) You are responsible for the proper operation of the station at 
all times and are expected to provide for observations, servicing and 
maintenance as often as may be necessary to ensure proper operation. You 
must have all internal repairs or internal adjustments to your CB 
transmitter made in accordance with the Technical Regulations (see 
subpart E). The internal repairs or internal adjustments should be 
performed by or under the immediate supervision and responsibility of a 
person certified as technically qualified to perform transmitter 
maintenance and repair duties in the private land mobile services and 
fixed services by an organization or committee representative of users 
in those services.
    (c) Except as provided in paragraph (d) of this section, each 
internal repair and each internal adjustment of a CB transmitter in 
which signals are transmitted must be made using a nonradiating 
(``dummy'') antenna.
    (d) Brief test signals (signals not longer than one minute during 
any five minute period) using a radiating antenna may be transmitted in 
order to:
    (1) Adjust an antenna to a transmitter;
    (2) Detect or measure radiation of energy other than the intended 
signal; or
    (3) Tune a receiver to your CB transmitter.

(Secs. 4(i) and 303(r), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(r), and sec. 553 of the Administrative Procedures 
Act, 5 U.S.C. 553)

[48 FR 24894, June 3, 1983, as amended at 49 FR 20673, May 16, 1984]



Sec. 95.425  (CB Rule 25) May I make any changes to my CB station transmitter?

    (a) You must not make or have any one else make any internal 
modification to your CB transmitter.
    (b) Internal modification does not include:

[[Page 557]]

    (1) Repair or servicing of a CB station transmitter (see CB Rule 24, 
Sec. 95.424); or
    (2) Changing plug-in modules which were certificated as part of your 
CB transmitter.
    (c) You must not operate a CB transmitter which has been modified by 
anyone in any way, including modification to operate on unauthorized 
frequencies or with illegal power. (See CB Rules 9 and 11, Secs. 95.409 
and 95.411.)

[48 FR 24894, June 3, 1983, as amended at 63 FR 36610, July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.425, 
paragraph (b)(2) was amended by removing the term ``type accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



Sec. 95.426  (CB Rule 26) Do I have to make my CB station available for inspection?

    (a) If an authorized FCC representative requests to inspect your CB 
station, you must make your CB station and records available for 
inspection.
    (b) A CB station includes all of the radio equipment you use.



Sec. 95.427  (CB Rule 27) What are my station records?

    Your station records include the following documents, as applicable.
    (a) A copy of each response to an FCC violation notice or an FCC 
letter. (See CB Rule 22, Sec. 95.422.)
    (b) Each written permission received from the FCC. (See CB Rule 19, 
Sec. 95.419.)



Sec. 95.428  (CB Rule 28) How do I contact the FCC?

    (a) Write to your nearest FCC Field Office if you:
    (1) Want to report an interference complaint; or
    (2) Want to know if the FCC has certificated a transmitter for CB.
    (b) Write to the FCC, Wireless Telecommunications Bureau, Private 
Wireless Division, Washington, DC 20554, if you have questions about the 
RC Rules.

[48 FR 24894, June 3, 1983, as amended at 48 FR 41416, Sept. 15, 1983; 
60 FR 50123, Sept. 28, 1995; 63 FR 36610, July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.428, 
paragraph (a)(2) was amended by removing the term ``type-accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



                    Subpart E--Technical Regulations

    Source: 53 FR 36789, Sept. 22, 1988, unless otherwise noted.

                           General Provisions



Sec. 95.601  Basis and purpose.

    This section provides the technical standards to which each 
transmitter (apparatus that converts electrical energy received from a 
source into RF (radio frequency) energy capable of being radiated) used 
or intended to be used in a station authorized in any of the Personal 
Radio Services must comply. This section also provides requirements for 
obtaining certification for such transmitters. The Personal Radio 
Services are the GMRS (General Mobile Radio Service)--subpart A, the 
Family Radio Service (FRS)--subpart B, the R/C (Radio Control Radio 
Service)--subpart C, the CB (Citizens Band Radio Service)--subpart D, 
and the Low Power Radio Service (LPRS)--subpart G.

[61 FR 46566, Sept. 4, 1996, as amended at 63 FR 36610, July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.601, was 
amended by removing the term ``type acceptance or type certification'' 
and adding in its place ``certification'', effective Oct. 5, 1998.



Sec. 95.603  Certification required.

    (a) Each GMRS transmitter (a transmitter that operates or is 
intended to operate at a station authorized in the GMRS) must be 
certificated.
    (b) Each R/C transmitter (a transmitter that operates or is intended 
to operate at a station authorized in the R/C) must be certificated, 
except one that transmits only in the 26-27 MHz frequency band and is 
crystal controlled (where the transmitted frequency is established by a 
crystal (a quartz piezo-electric element)).
    (c) Each CB transmitter (a transmitter that operates or is intended 
to operate at a station authorized in the CB) must be certificated. No 
CB transmitter certificated pursuant to an application filed prior to 
September 10, 1976, shall be manufactured or marketed.
    (d) Each FRS unit (a transmitter that operates or is intended to 
operate in the FRS) must be certified for use in

[[Page 558]]

the FRS in accordance with Subpart J of Part 2 of this chapter.
    (e) Each Low Power Radio Service transmitter (a transmitter that 
operates or is intended to operate in the LPRS) must be certificated.

[53 FR 36789, Sept. 22, 1988, as amended at 61 FR 28769, June 6, 1996; 
61 FR 46567, Sept. 4, 1996; 63 FR 36610, July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.603, the 
section heading was revised, paragraphs (a), (b), (c) and (e) were 
amended by removing the term ``type accepted'' each place it appears and 
adding in its place ``certificated'', effective Oct. 5, 1998.



Sec. 95.605  Certification procedures.

    Any entity may request certification for its transmitter when the 
transmitter is used in the GMRS, R/C, CB, IVDS, LPRS, or FRS following 
the procedures in part 2 of this chapter.

[63 FR 36610, July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.605 was 
revised, effective Oct. 5, 1998. For the convenience of the user, the 
superseded text is set forth as follows:

Sec. 95.605  Type acceptance and certification procedures.

    Any entity may request type acceptance for its transmitter when the 
transmitter is used in the GMRS, R/C, CB, IVDS, or LPRS following the 
procedures in part 2 of this chapter.
    Any entity may request certification for its transmitter when the 
transmitter is used in the FRS following the procedures in part 2 of 
this chapter.

[61 FR 46567, Sept. 4, 1996]



Sec. 95.607  CB transmitter modification.

    Only the holder of the grant of authorization of the particular 
certificated CB transmitter may make the modifications permitted under 
the provisions for certification (see part 2 of this chapter.) No 
grantee shall make any of the following modifications to the transmitter 
without prior written permission from the FCC (Federal Communications 
Commission):
    (a) The addition of any accessory or device not specified in the 
application for certification and authorized by the FCC in granting the 
certification;
    (b) The addition of any switch, control or external connection;
    (c) Any modification to provide for additional transmitting 
frequencies, increased modulation level, a different form of modulation, 
or increased TP (RF transmitter power expressed in W (watts), either 
mean power (TP averaged over at least 30 cycles of the lowest modulating 
frequency, typically 0.1 seconds at maximum power) or peak envelope 
power (TP averaged during 1 RF cycle at the highest crest of the 
modulation envelope), as measured at the transmitter output antenna 
terminals.)

[53 FR 36789, Sept. 22, 1988, as amended at 63 FR 36610, July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.607, 
introductory text and paragraph (a) were revised by removing the term 
``type accepted'' and adding in its place ``certificated'', and removing 
the term ``type acceptance'' each place it appears and adding in its 
place ``certification'', effective Oct. 5, 1998.

                           Technical Standards



Sec. 95.621  GMRS transmitter channel frequencies.

    (a) The GMRS transmitter channel frequencies (reference frequencies 
from which the carrier frequency, suppressed or otherwise, may not 
deviate by more than the specified frequency tolerance) are 462.5500, 
462.5625, 462.5750, 462.5875, 462.6000, 462.6125, 462.6250, 462.6375, 
462.6500, 462.6625, 462.6750, 462.6875, 462.7000, 462.7125, 462.7250, 
467.5500, 467.5750, 467.6000, 467.6250, 467.6500, 467.6750, 467.7000, 
and 467.7250.
    Note: Certain GMRS transmitter channel frequencies are authorized 
only for certain station classes and station locations. See part 95, 
subpart A.
    (b) Each GMRS transmitter for mobile station, small base station and 
control station operation must be maintained within a frequency 
tolerance of 0.0005%. Each GMRS transmitter for base station (except 
small base), mobile relay station or fixed station operation must be 
maintained within a frequency tolerance of 0.00025%.

[53 FR 47718, Nov. 25, 1988]



Sec. 95.623  R/C transmitter channel frequencies.

    (a) The R/C transmitter channel frequencies are:

[[Page 559]]

                                   MHz

26.995
27.045
27.095
27.145
27.195
27.255
72.01
72.03
72.05
72.07
72.09
72.11
72.13
72.15
72.17
72.19
72.21
72.23
72.25
72.27
72.29
72.31
72.33
72.35
72.37
72.39
72.41
72.43
72.45
72.47
72.49
72.51
72.53
72.55
72.57
72.59
72.61
72.63
72.65
72.67
72.69
72.71
72.73
72.75
72.77
72.79
72.81
72.83
72.85
72.87
72.89
72.91
72.93
72.95
72.97
72.99
75.41
75.43
75.45
75.47
75.49
75.51
75.53
75.55
75.57
75.59
75.61
75.63
75.65
75.67
75.69
75.71
75.73
75.75
75.77
75.79
75.81
75.83
75.85
75.87
75.89
75.91
75.93
75.95
75.97
75.99
    Note: Certain R/C transmitter channel frequencies are authorized to 
operate only certain kinds of devices (see part 95, subpart C.)
    (b) Each R/C transmitter that transmits in the 26-27 MHz frequency 
band with a mean TP of 2.5 W or less and that is used solely by the 
operator to turn on and/or off a device at a remote location, other than 
a device used solely to attract attention, must be maintained within a 
fequency tolerance of 0.01%. All other R/C transmitters that transmit in 
the 26-27 MHz frequency band must be maintained within a frequency 
tolerance of 0.005%. Except as noted in paragraph (c) of this section, 
R/C transmitters capable of operation in the 72-76 MHz band must be 
maintained within a frequency tolerance of 0.005%.
    (c) All R/C transmitters capable of operation in the 72-76 MHz band 
that are manufactured in or imported into the United States, on or after 
March 1, 1992, or are marketed on or after March 1, 1993, must be 
maintained within a frequency tolerance of 0.002%. R/C transmitters 
operating in the 72-76 MHz band and marketed before March 1, 1993, may 
continue to be operated with a frequency tolerance of 0.005% until March 
1, 1998.

[53 FR 36789, Sept. 22, 1988; 53 FR 52713, Dec. 29, 1988; 56 FR 15837, 
Apr. 18, 1991]



Sec. 95.625  CB transmitter channel frequencies.

    (a) The CB transmitter channel frequencies are:

------------------------------------------------------------------------
                          Channel No.                             (MHz)
------------------------------------------------------------------------
1..............................................................   26.965
2..............................................................   26.975
3..............................................................   26.985
4..............................................................   27.005
5..............................................................   27.015
6..............................................................   27.025
7..............................................................   27.035
8..............................................................   27.055
9..............................................................   27.065
10.............................................................   27.075
11.............................................................   27.085
12.............................................................   27.105
13.............................................................   27.115
14.............................................................   27.125
15.............................................................   27.135
16.............................................................   27.155
17.............................................................   27.165
18.............................................................   27.175
19.............................................................   27.185
20.............................................................   27.205
21.............................................................   27.215
22.............................................................   27.225
23.............................................................   27.255
24.............................................................   27.235
25.............................................................   27.245
26.............................................................   27.265
27.............................................................   27.275
28.............................................................   27.285
29.............................................................   27.295
30.............................................................   27.305
31.............................................................   27.315
32.............................................................   27.325
33.............................................................   27.335
34.............................................................   27.345
35.............................................................   27.355
36.............................................................   27.365
37.............................................................   27.375
38.............................................................   27.385
39.............................................................   27.395
40.............................................................   27.405
------------------------------------------------------------------------

    (b) Each CB transmitter must be maintained within a frequency 
tolerance of 0.005%.

[[Page 560]]



Sec. 95.627  FRS unit channel frequencies.

    (a) The FRS unit channel frequencies are:

------------------------------------------------------------------------
                       Channel No.                             (MHz)
------------------------------------------------------------------------
1.......................................................        462.5625
2.......................................................        462.5875
3.......................................................        462.6125
4.......................................................        462.6375
5.......................................................        462.6625
6.......................................................        462.6875
7.......................................................        462.7125
8.......................................................        467.5625
9.......................................................        467.5875
10......................................................        467.6125
11......................................................        467.6375
12......................................................        467.6625
13......................................................        467.6875
14......................................................        467.7125
------------------------------------------------------------------------

    (b) Each FRS unit must be maintained within a frequency tolerance of 
0.00025%.

[61 FR 28769, June 6, 1996]



Sec. 95.629  LPRS transmitter frequencies.

    (a) LPRS transmitters may operate on any frequency listed in 
paragraphs (b), (c), and (d) of this section. Channels 19, 20, 50, and 
151-160 are available exclusively for law enforcement tracking purposes. 
AMTS transmissions are limited to the 216.750-217.000 MHz band for low 
power point-to-point network control communications by AMTS coast 
stations. Other AMTS transmissions in the 216-217 MHz band are 
prohibited.
    (b) Standard band channels. (1) The following table indicates 
standard band frequencies. The channel bandwidth is 25 kHz.

------------------------------------------------------------------------
                                                                Center
                        Channel No.                           frequency
                                                                (MHz)
------------------------------------------------------------------------
 1.........................................................     216.0125
 2.........................................................     216.0375
 3.........................................................     216.0625
 4.........................................................     216.0875
 5.........................................................     216.1125
 6.........................................................     216.1375
 7.........................................................     216.1625
 8.........................................................     216.1875
 9.........................................................     216.2125
10.........................................................     216.2375
11.........................................................     216.2625
12.........................................................     216.2875
13.........................................................     216.3125
14.........................................................     216.3375
15.........................................................     216.3625
16.........................................................     216.3875
17.........................................................     216.4125
18.........................................................     216.4375
19.........................................................     216.4625
20.........................................................     216.4875
21.........................................................     216.5125
22.........................................................     216.5375
23.........................................................     216.5625
24.........................................................     216.5875
25.........................................................     216.6125
26.........................................................     216.6375
27.........................................................     216.6625
28.........................................................     216.6875
29.........................................................     216.7125
30.........................................................     216.7375
31.........................................................     216.7625
32.........................................................     216.7875
33.........................................................     216.8125
34.........................................................     216.8375
35.........................................................     216.8625
36.........................................................     216.8875
37.........................................................     216.9125
38.........................................................     216.9375
39.........................................................     216.9625
40.........................................................     216.9875
------------------------------------------------------------------------

    (2) LPRS transmitters operating on standard band channels must be 
maintained within a frequency stability of 50 parts per million.
    (c) Extra band channels. (1) The following table indicates extra 
band frequencies. The channel bandwidth is 50 kHz.

------------------------------------------------------------------------
                                                                Center
                        Channel No.                           frequency
                                                                (MHz)
------------------------------------------------------------------------
41.........................................................      216.025
42.........................................................      216.075
43.........................................................      216.125
44.........................................................      216.175
45.........................................................      216.225
46.........................................................      216.275
47.........................................................      216.325
48.........................................................      216.375
49.........................................................      216.425
50.........................................................      216.475
51.........................................................      216.525
52.........................................................      216.575
53.........................................................      216.625
54.........................................................      216.675
55.........................................................      216.725
56.........................................................      216.775
57.........................................................      216.825
58.........................................................      216.875
59.........................................................      216.925
60.........................................................      216.975
------------------------------------------------------------------------

    (2) LPRS transmitters operating on extra band channels must be 
maintained within a frequency stability of 50 parts per million.
    (d) Narrowband channels. (1) The following table indicates 
narrowband frequencies. The channel bandwidth is 5 kHz and the 
authorized bandwidth is 4 kHz.

[[Page 561]]



------------------------------------------------------------------------
                                                                Center
                        Channel No.                           frequency
                                                                (MHz)
------------------------------------------------------------------------
 61........................................................     216.0025
 62........................................................     216.0075
 63........................................................     216.0125
 64........................................................     216.0175
 65........................................................     216.0225
 66........................................................     216.0275
 67........................................................     216.0325
 68........................................................     216.0375
 69........................................................     216.0425
 70........................................................     216.0475
 71........................................................     216.0525
 72........................................................     216.0575
 73........................................................     216.0625
 74........................................................     216.0675
 75........................................................     216.0725
 76........................................................     216.0775
 77........................................................     216.0825
 78........................................................     216.0875
 79........................................................     216.0925
 80........................................................     216.0975
 81........................................................     216.1025
 82........................................................     216.1075
 83........................................................     216.1125
 84........................................................     216.1175
 85........................................................     216.1225
 86........................................................     216.1275
 87........................................................     216.1325
 88........................................................     216.1375
 89........................................................     216.1425
 90........................................................     216.1475
 91........................................................     216.1525
 92........................................................     216.1575
 93........................................................     216.1625
 94........................................................     216.1675
 95........................................................     216.1725
 96........................................................     216.1775
 97........................................................     216.1825
 98........................................................     216.1875
 99........................................................     216.1925
100........................................................     216.1975
101........................................................     216.2025
102........................................................     216.2075
103........................................................     216.2125
104........................................................     216.2175
105........................................................     216.2225
106........................................................     216.2275
107........................................................     216.2325
108........................................................     216.2375
109........................................................     216.2425
110........................................................     216.2475
111........................................................     216.2525
112........................................................     216.2575
113........................................................     216.2625
114........................................................     216.2675
115........................................................     216.2725
116........................................................     216.2775
117........................................................     216.2825
118........................................................     216.2875
119........................................................     216.2925
120........................................................     216.2975
121........................................................     216.3025
122........................................................     216.3075
123........................................................     216.3125
124........................................................     216.3175
125........................................................     216.3225
126........................................................     216.3275
127........................................................     216.3325
128........................................................     216.3375
129........................................................     216.3425
130........................................................     216.3475
131........................................................     216.3525
132........................................................     216.3575
133........................................................     216.3625
134........................................................     216.3675
135........................................................     216.3725
136........................................................     216.3775
137........................................................     216.3825
138........................................................     216.3875
139........................................................     216.3925
140........................................................     216.3975
141........................................................     216.4025
142........................................................     216.4075
143........................................................     216.4125
144........................................................     216.4175
145........................................................     216.4225
146........................................................     216.4275
147........................................................     216.4325
148........................................................     216.4375
149........................................................     216.4425
150........................................................     216.4475
151........................................................     216.4525
152........................................................     216.4575
153........................................................     216.4625
154........................................................     216.4675
155........................................................     216.4725
156........................................................     216.4775
157........................................................     216.4825
158........................................................     216.4875
159........................................................     216.4925
160........................................................     216.4975
161........................................................     216.5025
162........................................................     216.5075
163........................................................     216.5125
164........................................................     216.5175
165........................................................     216.5225
166........................................................     216.5275
167........................................................     216.5325
168........................................................     216.5375
169........................................................     216.5425
170........................................................     216.5475
171........................................................     216.5525
172........................................................     216.5575
173........................................................     216.5625
174........................................................     216.5675
175........................................................     216.5725
176........................................................     216.5775
177........................................................     216.5825
178........................................................     216.5875
179........................................................     216.5925
180........................................................     216.5975
181........................................................     216.6025
182........................................................     216.6075
183........................................................     216.6125
184........................................................     216.6175
185........................................................     216.6225
186........................................................     216.6275
187........................................................     216.6325
188........................................................     216.6375
189........................................................     216.6425
190........................................................     216.6475
191........................................................     216.6525
192........................................................     216.6575
193........................................................     216.6625
194........................................................     216.6675
195........................................................     216.6725
196........................................................     216.6775
197........................................................     216.6825
198........................................................     216.6875
199........................................................     216.6925
200........................................................     216.6975
201........................................................     216.7025
202........................................................     216.7075
203........................................................     216.7125
204........................................................     216.7175

[[Page 562]]

 
205........................................................     216.7225
206........................................................     216.7275
207........................................................     216.7325
208........................................................     216.7375
209........................................................     216.7425
210........................................................     216.7475
211........................................................     216.7525
212........................................................     216.7575
213........................................................     216.7625
214........................................................     216.7675
215........................................................     216.7725
216........................................................     216.7775
217........................................................     216.7825
218........................................................     216.7875
219........................................................     216.7925
220........................................................     216.7975
221........................................................     216.8025
222........................................................     216.8075
223........................................................     216.8125
224........................................................     216.8175
225........................................................     216.8225
226........................................................     216.8275
227........................................................     216.8325
228........................................................     216.8375
229........................................................     216.8425
230........................................................     216.8475
231........................................................     216.8525
232........................................................     216.8575
233........................................................     216.8625
234........................................................     216.8675
235........................................................     216.8725
236........................................................     216.8775
237........................................................     216.8825
238........................................................     216.8875
239........................................................     216.8925
240........................................................     216.8975
241........................................................     216.9025
242........................................................     216.9075
243........................................................     216.9125
244........................................................     216.9175
245........................................................     216.9225
246........................................................     216.9275
247........................................................     216.9325
248........................................................     216.9375
249........................................................     216.9425
250........................................................     216.9475
251........................................................     216.9525
252........................................................     216.9575
253........................................................     216.9625
254........................................................     216.9675
255........................................................     216.9725
256........................................................     216.9775
257........................................................     216.9825
258........................................................     216.9875
259........................................................     216.9925
260........................................................     216.9975
------------------------------------------------------------------------

    (2) LPRS transmitters operating on narrowband channels must be 
maintained within a frequency stability of 1.5 parts per million.

[61 FR 46567, Sept. 4, 1996]



Sec. 95.631  Emission types.

    (a) A GMRS transmitter must transmit only emission types A1D, F1D, 
G1D, H1D, J1D, R1D, A3E, F3E, G3E, H3E, J3E or R3E. A non-voice emission 
is limited to selective calling or tone-operated squelch tones to 
establish or continue voice communications. See Sec. 95.181 (g) and (h).
    (b) An R/C transmitter may transmit any appropriate non-voice 
emission which meets the emission limitations of Sec. 95.633.
    (c) A CB transmitter may transmit only emission types A1D, H1D, J1D, 
R1D, A3E, H3E, J3E, R3E. A non-voice emission is limited to selective 
calling or tone-operated squelch tones to establish or continue voice 
communications. See Sec. 95.412 (b) and (c).
    (d) An FRS unit may transmit only emission type F3E. A non-voice 
emission is limited to selective calling or tone-operated squelch tones 
to establish or continue voice communications.
    (e) No GMRS or CB transmitter shall employ a digital modulation or 
emission.
    (f) No GMRS, CB or R/C transmitter shall transmit non-voice data.
    (g) An LPRS station may transmit any emission type appropriate for 
communications in this service. Two-way voice communications, however, 
are prohibited.

[53 FR 36789, Sept. 22, 1988. Redesignated and amended at 61 FR 28769, 
June 6, 1996, and further redesignated and amended at 61 FR 46567, 
46568, Sept. 4, 1996]



Sec. 95.633  Emission bandwidth.

    (a) The authorized bandwidth (maximum permissible bandwidth of a 
transmission) for emission type H1D, J1D, R1D, H3E, J3E or R3E is 4 kHz. 
The authorized bandwidth for emission type A1D or A3E is 8 kHz. The 
authorized bandwidth for emission type F1D, G1D, F3E or G3E is 20 kHz.
    (b) The authorized bandwidth for any emission type transmitted by an 
R/C transmitter is 8 kHz.
    (c) The authorized bandwidth for emission type F3E transmitted by a 
FRS unit is 12.5 kHz.
    (d) For transmitters in the LPRS:
    (1) The authorized bandwidth for narrowband frequencies is 4 kHz and 
the channel bandwidth is 5 kHz
    (2) The channel bandwidth for standard band frequencies is 25 kHz.
    (3) The channel bandwidth for extra band frequencies is 50 kHz.

[[Page 563]]

    (4) AMTS stations may use the 216.750-217.000 MHz band as a single 
250 kHz channel so long as the signal is attenuated as specified in 
Sec. 95.635(c).

[53 FR 36789, Sept. 22, 1988. Redesignated and amended at 61 FR 28769, 
June 6, 1996, and further redesignated and amended at 61 FR 46567, 
46568, Sept. 4, 1996]



Sec. 95.635  Unwanted radiation.

    (a) In addition to the procedures in part 2, the following 
requirements apply to each transmitter both with and without the 
connection of all attachments acceptable for use with the transmitter, 
such as an external speaker, microphone, power cord, antenna, etc.
    (b) The power of each unwanted emission shall be less than TP as 
specified in the applicable paragraph:

----------------------------------------------------------------------------------------------------------------
               Transmitter                         Emission type                   Applicable paragraphs
----------------------------------------------------------------------------------------------------------------
GMRS....................................  A1D, A3E, F1D, G1D, F3E, G3E     (1), (3), (7)
                                           with filtering.
                                          A1D, A3E, F1D, G1D, F3E, G3E     (5), (6), (7)
                                           without filtering.
                                          H1D, J1D, R1D, H3E, J3E, R3E...  (2), (4), (7)
FRS.....................................  F3E with filtering.............  (1), (3), (7)
 
                        Note: Filtering refers to the requirement in Sec.  95.635(b) R/C:
 
27 MHz band.............................  As specified in Sec.  95.629(b)  (1), (3), (7)
72-76 MHz band..........................  As specified in Sec.  95.629(b)  (1), (3), (7), (10), (11), (12)
CB......................................  A1D, A3E.......................  (1), (3), (8), (9)
                                          H1D, J1D, R1D, H3E, J3E, R3E...  (2), (4), (8), (9)
                                          A1D, A3E authorized before       (1), (3), (7)
                                           September 10, 1976.
                                          H1D, J1D, R1D, H3E, J3E, R3E     (2), (4), (7)
                                           authorized before September
                                           10, 1986.
----------------------------------------------------------------------------------------------------------------

    (c) For transmitters designed to operate in the LPRS, emissions 
shall be attenuated in accordance with the following:
    (1) Emissions for LPRS transmitters operating on standard band 
channels (25 kHz) shall be attenuated below the unmodulated carrier in 
accordance with the following:
    (i) Emissions 12.5 kHz to 22.5 kHz away from the channel center 
frequency: at least 30 dB; and
    (ii) Emissions more than 22.5 kHz away from the channel center 
frequency: at least 43 + 10log(carrier power in watts) dB.
    (2) Emissions for LPRS transmitters operating on extra band channels 
(50 kHz) shall be attenuated below the unmodulated carrier in accordance 
with the following:
    (i) Emissions 25 kHz to 35 kHz from the channel center frequency: at 
least 30 dB; and
    (ii) Emissions more than 35 kHz away from the channel center 
frequency: at least 43 + 10log(carrier power in watts) dB.
    (3) Emissions for LPRS transmitters operating on narrowband channels 
(5 kHz) shall be attenuated below the power (P) of the highest emission, 
measured in peak values, contained within the authorized bandwidth (4 
kHz) in accordance with the following:
    (i) On any frequency within the authorized bandwidth: Zero dB;
    (ii) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in kHz) of more 
than 2 kHz up to and including 3.75 kHz: The lesser of 30 + 
20(fd-2) dB, or 55 + 10 log(P), or 65 dB; and
    (iii) On any frequency beyond 3.75 kHz removed from the center of 
the authorized bandwidth: At least 55 + 10 log(P) dB.
    (4) Emissions from AMTS transmitters using a single 250 kHz channel 
shall be attenuated below the unmodulated carrier in accordance with the 
following:
    (i) Emissions from 125 kHz to 135 kHz away from the channel center 
frequency; at least 30 dB; and

[[Page 564]]

    (ii) Emissions more than 135 kHz away from the channel center 
frequency; at least 43 + 10log(carrier power in watts) dB.

[53 FR 36789, Sept. 22, 1988, as amended at 56 FR 15837, Apr. 18, 1991. 
Redesignated and amended at 61 FR 28769, 28770, June 6, 1996, and 
further redesignated and amended at 61 FR 46567, 46568, Sept. 4, 1996; 
63 FR 36610, July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.635, the 
table in paragraph (b) was amended by removing the term ``type 
accepted'' each place it appears and adding in its place ``authorized'', 
effective Oct. 5, 1998.



Sec. 95.637  Modulation standards.

    (a) A GMRS transmitter that transmits emission types F1D, G1D, or 
G3E must not exceed a peak frequency deviation of plus or minus 5 kHz. A 
GMRS transmitter that transmits emission type F3E must not exceed a peak 
frequency deviation of plus or minus 5 kHz. A FRS unit that transmits 
emission type F3E must not exceed a peak frequency deviation of plus or 
minus 2.5 kHz, and the audio frequency response must not exceed 3.125 
kHz .
    (b) Each GMRS transmitter, except a mobile station transmitter with 
a power output of 2.5 W or less, must automatically prevent a greater 
than normal audio level from causing overmodulation. The transmitter 
also must include audio frequency low pass filtering, unless it complies 
with the applicable paragraphs of Sec. 95.631 (without filtering.) The 
filter must be between the modulation limiter and the modulated stage of 
the transmitter. At any frequency (f in kHz) between 3 and 20 kHz, the 
filter must have an attenuation of at least 60 log10 (f/3) dB 
greater than the attenuation at 1 kHz. Above 20 kHz, it must have an 
attenuation of at least 50 dB greater than the attenuation at 1 kHz.
    (c) When emission type A3E is transmitted, the modulation must be 
greater than 85% but must not exceed 100%. Simultaneous amplitude 
modulation and frequency or phase modulation of a transmitter are not 
permitted.
    (d) When emission type A3E is transmitted by a CB transmitter having 
a TP of greater than 2.5 W, the CB transmitter must automatically 
prevent the modulation from exceeding 100%.
    (e) Each CB transmitter that transmits emission type H3E, J3E or R3E 
must be capable of transmitting the upper sideband. The capability of 
also transmitting the lower sideband is permitted.

[53 FR 36789, Sept. 22, 1988. Redesignated and amended at 61 FR 28769, 
28770, June 6, 1996, and further redesignated at 61 FR 46567, Sept. 4, 
1996]



Sec. 95.639  Maximum transmitter power.

    (a) No GMRS transmitter, under any condition of modulation, shall 
exceed:
    (1) 50 W Carrier power (average TP during one unmodulated RF cycle) 
when transmitting emission type A1D, F1D, G1D, A3E, F3E or G3E.
    (2) 50 W peak envelope TP when transmitting emission type H1D, J1D, 
R1D, H3E, J3E or R3E.
    (b) No R/C transmitter, under any condition of modulation, shall 
exceed a carrier power or peak envelope TP (single-sideband only) of:
    (1) 4 W in the 26-27 MHz frequency band, except on channel frequency 
27.255 MHz;
    (2) 25 W on channel frequency 27.255 MHz;
    (3) 0.75 W in the 72-76 MHz frequency band.
    (c) No CB transmitter, under any condition of modulation, shall 
exceed:
    (1) 4 W Carrier power when transmitting emission type A1D or A3E;
    (2) 12 W peak envelope TP when transmitting emission type H1D, J1D, 
R1D, H3E, J3E or R3E. Each CB transmitter which transmits emission type 
H3E, J3E or R3E must automatically prevent the TP from exceeding 12 W 
peak envelope TP or the manufacturer's rated peak envelope TP, whichever 
is less.
    (d) No FRS unit, under any condition of modulation, shall exceed 
0.500 W effective radiated power (ERP).
    (e) The maximum transmitter output power authorized for LPRS 
stations is 100 mW.

[53 FR 36789, Sept. 22, 1988; 53 FR 44144, Nov. 1, 1988. Redesignated 
and amended at 61 FR 28769, 28770, June 6, 1996, and further 
redesignated and amended at 61 FR 46567, 46569, Sept. 4, 1996]

[[Page 565]]

                       Certification Requirements



Sec. 95.645  Control accessibility.

    (a) No control, switch or other type of adjustment which, when 
manipulated, can result in a violation of the rules shall be accessible 
from the transmitter operating panel or from exterior of the transmitter 
enclosure.
    (b) An R/C transmitter which incorporates plug-in frequency 
determining modules which are changed by the user must be certificated 
with the modules. Each module must contain all of the frequency 
determining circuitry including the oscillator. Plug-in crystals are not 
considered modules and must not be accessible to the user.

[53 FR 36789, Sept. 22, 1988. Redesignated at 61 FR 28769, June 6, 1996, 
and further redesignated at 61 FR 46567, Sept. 4, 1996; 63 FR 36610, 
July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.645, 
paragraph (b) was amended by removing the term ``type accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



Sec. 95.647  FRS unit and R/C transmitter antennas.

    The antenna of each FRS unit, and the antenna of each R/C station 
transmitting in the 72-76 MHz band, must be an integral part of the 
transmitter. The antenna must have no gain (as compared to a half-wave 
dipole) and must be vertically polarized.

[61 FR 28770, June 6, 1996. Redesignated at 61 FR 46567, Sept. 4, 1996]



Sec. 95.649  Power capability.

    No CB, R/C, LPRS transmitter, or FRS unit shall incorporate 
provisions for increasing its transmitter power to any level in excess 
of the limits specified in Sec. 95.639.

[61 FR 46569, Sept. 4, 1996]



Sec. 95.651  Crystal control required.

    All transmitters used in the Personal Radio Services must be crystal 
controlled, except an R/C station that transmits in the 26-27 MHz 
frequency band, a FRS unit, and a LPRS unit.

[61 FR 46569, Sept. 4, 1996]



Sec. 95.653  Instructions and warnings.

    (a) A user's instruction manual must be supplied with each 
transmitter marketed, and one copy (a draft or preliminary copy is 
acceptable provided a final copy is provided when completed) must be 
forwarded to the FCC with each request for certification.
    (b) The instruction manual must contain all information necessary 
for the proper installation and operation of the transmitter including:
    (1) Instructions concerning all controls, adjustments and switches 
that may be operated or adjusted without resulting in a violation of the 
rules.
    (2) Warnings concerning any adjustment that could result in a 
violation of the rules or that is recommended to be performed by or 
under the immediate supervision and responsibility of a person certified 
as technically qualified to perform transmitter maintenance and repair 
duties in the private land mobile services and fixed services by an 
organization or committee representative of users of those services.
    (3) Warnings concerning the replacement of any transmitter component 
(crystal, semiconductor, etc.) that could result in a violation of the 
rules.
    (4) For a CMRS transmitter, warnings concerning licensing 
requirements and information concerning license application procedures.

[53 FR 36789, Sept. 22, 1988. Redesignated at 61 FR 28769, June 6, 1996, 
and further redesignated at 61 FR 46567, Sept. 4, 1996; 63 FR 36610, 
July 7, 1998]

    Effective Date Note:  At 63 FR 36610, July 7, 1998, Sec. 95.653, 
paragraph (a) was amended by removing the term ``type acceptance'' and 
adding in its place ``certification'', effective Oct. 5, 1998.



Sec. 95.655  Frequency capability.

    (a) No transmitter will be certificated for use in the CB service if 
it is equipped with a frequency capability not listed in Sec. 95.625, 
and no transmitter will be certificated for use in the GMRS if it is 
equipped with a frequency capability not listed in Sec. 95.621, unless 
such transmitter is also certificated for use in another radio service 
for which the frequency is authorized and for which certification is 
also required. (Transmitters with frequency

[[Page 566]]

capability for the Amateur Radio Services, Military Affiliate Radio 
System and Civil Air Patrol will not be certificated.)
    (b) All frequency determining circuitry (including crystals) and 
programming controls in each CB transmitter and in each GMRS transmitter 
must be internal to the transmitter and must not be accessible from the 
exterior of the transmitter operating panel or from the exterior of the 
transmitter enclosure.
    (c) No add-on device, whether internal or external, the function of 
which is to extend the transmitting frequency capability of a CB 
transmitter beyond its original capability, shall be manufactured, sold 
or attached to any CB station transmitter.

[53 FR 47718, Nov. 25, 1988. Redesignated at 61 FR 28769, June 6, 1996, 
and further redesignated at 61 FR 46567, Sept. 4, 1996; 63 FR 36611, 
July 7, 1998]

    Effective Date Note:  At 63 FR 36611, July 7, 1998, Sec. 95.655, 
paragraph (a) was amended by removing the term ``type accepted'' each 
place it appears and adding in its place ``certificated'', and removing 
the term ``type acceptance'' and adding in its place ``certification'', 
effective Oct. 5, 1998.

        Additional Certification Requirements for CB Transmitters



Sec. 95.665  [Reserved]



Sec. 95.667  CB transmitter power.

    The dissipation rating of all the semiconductors or electron tubes 
which supply RF power to the antenna terminals of each CB transmitter 
must not exceed 10 W. For semiconductors, the dissipation rating is the 
greater of the collector or device dissipation value established by the 
manufacturer of the semiconductor. These values may be temperature de-
rated by no more than 50  deg.C. For an electron tube, the dissipation 
rating is the Intermittent Commercial and Amateur Service plate 
dissipation value established by the manufacturer of the electron tube.

[53 FR 36789, Sept. 22, 1988. Redesignated at 61 FR 28769, June 6, 1996, 
and further redesignated at 61 FR 46567, Sept. 4, 1996]



Sec. 95.669  External controls.

    (a) Only the following external transmitter controls, connections or 
devices will normally be permitted in a CB transmitter:
    (1) Primary power connection. (Circuitry or devices such as 
rectifiers, transformers, or inverters which provide the nominal rated 
transmitter primary supply voltage may be used without voiding the 
transmitter certification.)
    (2) Microphone connection.
    (3) Antenna terminals.
    (4) Audio frequency power amplifier output connector and selector 
switch.
    (5) On-off switch for primary power to transmitter. This switch may 
be combined with receiver controls such as the receiver on-off switch 
and volume control.
    (6) Upper/lower sideband selector switch (for a transmitter that 
transmits emission type H3E, J3E or R3E).
    (7) Carrier level selector control (for a transmitter that transmits 
emission type H3E, J3E or R3E.) This control may be combined with the 
sideband selector switch.
    (8) Channel frequency selector switch.
    (9) Transmit/receive selector switch.
    (10) Meter(s) and selector switch(es) for monitoring transmitter 
performance.
    (11) Pilot lamp(s) or meter(s) to indicate the presence of RF output 
power or that the transmitter control circuits are activated to 
transmit.
    (b) The FCC may authorize additional controls, connections or 
devices after considering the functions to be performed by such 
additions.

[53 FR 36789, Sept. 22, 1988. Redesignated at 61 FR 28769, June 6, 1996, 
and further redesignated at 61 FR 46567, Sept. 4, 1996; 63 FR 36611, 
July 7, 1998]

    Effective Date Note:  At 63 FR 36611, July 7, 1998, Sec. 95.669, 
paragraph (a)(1) was amended by removing the term ``type acceptance'' 
and adding in its place ``certification'', effective Oct. 5, 1998.

[[Page 567]]



Sec. 95.671  Serial number.

    The serial number of each CB transmitter must be engraved on the 
transmitter chassis.

[53 FR 36789, Sept. 22, 1988. Redesignated at 61 FR 28769, June 6, 1996, 
and further redesignated at 61 FR 46567, Sept. 4, 1996]



Sec. 95.673  Copy of rules.

    A copy of part 95, subpart D, of the FCC Rules, current at the time 
of packing of the transmitter, must be furnished with each CB 
transmitter marketed.

[53 FR 36789, Sept. 22, 1988. Redesignated at 61 FR 28769, June 6, 1996, 
and further redesignated at 61 FR 46567, Sept. 4, 1996]

          Appendix 1 to Subpart E to Part 95--Glossary of Terms

    The definitions used in part 95, subpart E are:
    Authorized bandwidth. Maximum permissible bandwidth of a 
transmission.
    Carrier power. Average TP during one unmodulated RF cycle.
    CB. Citizens Band Radio Service.
    CB transmitter. A transmitter that operates or is intended to 
operate at a station authorized in the CB.
    Channel frequencies. Reference frequencies from which the carrier 
frequency, suppressed or otherwise, may not deviate by more than the 
specified frequency tolerance.
    Crystal. Quartz piezo-electric element.
    Crystal controlled. Use of a crystal to establish the transmitted 
frequency.
    dB. Decibels.
    FCC. Federal Communications Commission.
    Filtering. Refers to the requirement in Sec. 95.633(b).
    FRS. Family Radio Service.
    GMRS. General Mobile Radio Service.
    GMRS transmitter. A transmitter that operates or is intended to 
operate at a station authorized in the GMRS.
    Harmful interference. Any transmission, radiation or induction that 
endangers the functioning of a radionavigation or other safety service 
or seriously degrades, obstructs or repeatedly interrupts a 
radiocommunication service operating in accordance with applicable laws, 
treaties and regulations.
    Mean power. TP averaged over at least 30 cycles of the lowest 
modulating frequency, typically 0.1 seconds at maximum power.
    Peak envelope power. TP averaged during 1 RF cycle at the highest 
crest of the modulation envelope.
    R/C. Radio Control Radio Service.
    R/C transmitter. A transmitter that operates or is intended to 
operate at a station authorized in the R/C.
    RF. Radio frequency.
    Transmitter. Apparatus that converts electrical energy received from 
a source into RF energy capable of being radiated.
    TP. RF transmitter power expressed in W, either mean or peak 
envelope, as measured at the transmitter output antenna terminals.
    W. Watts.

[53 FR 36789, Sept. 22, 1988, as amended at 61 FR 28770, June 6, 1996]



          Subpart F--Interactive Video and Data Service (IVDS)

                           General Provisions

    Source: 57 FR 8275, Mar. 9, 1992, unless otherwise noted.



Sec. 95.801  Scope.

    This subpart sets out the regulations governing the licensing and 
operation of an Interactive Video and Data Service (IVDS) system. The 
rules in this subpart are to be read in conjunction with applicable 
requirements contained elsewhere in the Commission's Rules.



Sec. 95.803  IVDS description.

    (a) An IVDS system is a point-to-multipoint, multipoint-to-point, 
short distance communications service for its licensees to provide 
information, products, or services to, and allow interactive responses 
from, subscribers in the licensee's service area.
    (b) The components of each IVDS system are its administrative 
apparatus, its response transmitter units (RTUs), and one or more cell 
transmitter stations (CTSs). RTUs may be used in any location within the 
service area. Each IVDS system is authorized for a specific service area 
and frequency segment. There can be a maximum of two IVDS systems per 
service area. There are two frequency segments available for each 
service area.
    (c) Each IVDS system service area is one of the cellular system 
service areas as defined by the Commission.

[57 FR 8275, Mar. 9, 1992, as amended at 61 FR 32711, June 25, 1996]

[[Page 568]]



Sec. 95.805  Permissible communications.

    (a) Each IVDS system may conduct CTS-to-RTU and RTU-to-CTS 
communications between the system licensee and its subscriber's 
locations.
    (b) Direct CTS-to-CTS communications within the same IVDS system are 
permitted.
    (c) Direct RTU-to-RTU communications are prohibited. No mobile RTU 
in an IVDS system may be interconnected with the public switched network 
or any commercial mobile radio service.
    (d) The licensee may use the IVDS system to interact with its 
subscribers concerning products and services offered, polls conducted, 
educational classes taught, and other activities in conjunction with 
video and data delivery systems.
    (e) An IVDS system may provide fixed and mobile service to 
subscribers within its service area.
    (f) No IVDS system may render a common carrier service.

[57 FR 8275, Mar. 9, 1992, as amended at 57 FR 36373, Aug. 13, 1992; 61 
FR 32711, June 25, 1996]

                       System License Requirements



Sec. 95.811  License requirements.

    (a) Each IVDS system must be licensed.
    (b) Each CTS where the antenna does not exceed 6.1 meters (m) (20 
feet) above ground or an existing man-made structure (other than an 
antenna structure) is authorized under the IVDS system license. All 
other CTSs must be individually licensed to the system licensee.
    (c) Each component RTU in an IVDS system is authorized under the 
IVDS system license or if associated with an individually licensed CTS, 
under that CTS license.
    (d) The term of each IVDS system license and each CTS license is 
five years.

[57 FR 8275, Mar. 9, 1992, as amended at 57 FR 36373, Aug. 13, 1992]



Sec. 95.813  Eligibility.

    (a) An entity is eligible to hold an IVDS system license and its 
associated individual CTS licenses if:
    (1) The entity is an individual who is not a representative of a 
foreign government; or
    (2) The entity is a partnership and no partner is a representative 
of a foreign government; or
    (3) The entity is a corporation organized under the laws of the 
United States of America; or
    (4) The entity is a trust and no beneficiary is a representative of 
a foreign government.
    (b) No entity is eligible to hold an IVDS system license if:
    (1) The entity already holds an IVDS system license or has an 
interest in an IVDS system license for the same service area.
    (2) The entity had an IVDS system license canceled within the past 
three years for failure to meet the construction requirements specified 
in Sec. 95.831.
    (c) Each individually licensed CTS must also be held by the IVDS 
system license for the service area in which the CTS is located.

[57 FR 8275, Mar. 9, 1992, as amended at 58 FR 25952, Apr. 29, 1993]



Sec. 95.815  License application.

    (a) An application for an IVDS system license may be filed by an 
eligible applicant for a service area only when there are less than two 
existing IVDS system licenses.
    (b) Each application for an IVDS system license must be made on a 
separate FCC Form 600, and must be submitted to the Federal 
Communications Commission, Interactive Video and Data Service, P.O. Box 
358365, Pittsburgh, PA 15251-5365. Each application for a CTS license 
where the CTS antenna exceeds 6.1m (20 feet) (see Sec. 95.811(b)) must 
be made on a separate FCC Form 574, and must be submitted to the address 
set forth in Sec. 1.1102 of this chapter.
    (c) Each application shall be personally signed by the applicant, if 
the applicant is an individual; by one of the partners, if the applicant 
is a partnership; or by an officer or duly authorized employee, if the 
applicant is a corporation.
    (d) Each application for an IVDS system license must include the 
following:

[[Page 569]]

    (1) A cover sheet specifying the applicant's name and address and 
the specific service area number and name as defined in Sec. 95.803.
    (2) A completed application (FCC Form 600).
    (3) A plan showing how the applicant intends to minimize co-channel 
interference and interference to adjacent channel users and a showing 
that the proposed system will provide coverage (39 dbu) to at least 50 
percent of the population (1990 census) or land area within the service 
area.
    (e) Each IVDS system license is licensed for an unlimited number of 
CSTs that meet the 6.1 meter (20 foot) criteria.
    (f) Each request by an IVDS system licensee to add, delete, or 
modify an individually licensed CTS (the CTS antenna exceeds 6.1m (20 
feet) (See Sec. 95.811(b))) must include the following:
    (1) A cover sheet specifying the licensee's name and address and the 
specific service area number and name where the IVDS system is located.
    (2) A description of the system after the proposed addition, 
deletion, or modification, including the population in the service area, 
the number of component CTSs, and an explanation of how the system will 
satisfy the service requirements specified in Sec. 95.831.
    (3) A separate application (FCC Form 600) for each CTS that is being 
added or modified.
    (4) The license for each CTS that is being deleted.
    (g) Any application not complying with the Commission's Rules will 
be dismissed.
    (h) Each application will be processed on a first-come-first-served 
basis.

[57 FR 8275, Mar. 9, 1992, as amended at 57 FR 36373, Aug. 13, 1992; 58 
FR 25952, Apr. 29, 1993; 61 FR 49075, Sept. 18, 1996]



Sec. 95.816  Competitive bidding proceedings.

    (a) Mutually exclusive IVDS initial applications are subject to 
competitive bidding.
    (b) The General Procedures set forth in 47 CFR part 1, subpart Q are 
applicable to competitive bidding proceedings used to select among 
mutually exclusive applicants for initial IVDS licenses.
    (c) The specific procedures applicable to auctioning particular IVDS 
licenses will be set forth by Public Notice. Generally, the following 
competitive bidding procedures will be used to auction mutually 
exclusive IVDS licenses. The Commission, however, may design and test 
alternative procedures.
    (1) Competitive bidding design options and mechanisms. The Wireless 
Telecommunications Bureau will select competitive bidding design(s) and 
mechanisms in accordance with Secs. 1.2103 and 1.2104 of this chapter. 
If simultaneous multiple round bidding is used, the Wireless 
Telecommunications Bureau has the discretion to vary the duration of the 
bidding rounds or the interval at which bids are accepted at any time 
before or during the course of the auction.
    (2) Forms. (i) Applicants must submit short-form applications (FCC 
Form 175) as specified in Commission Public Notices. Minor deficiencies 
may be corrected prior to the auction. Major modifications such as 
changes in ownership, failure to sign an application or failure to 
submit required certifications will result in the dismissal of the 
application. See 1.2105(a) and (b) of this chapter.
    (ii) Applicants must submit a long-form application (FCC Form 600) 
within ten (10) business days after being notified that it is the 
winning bidder for a license. See 1.2107(c) and (d) of this chapter.
    (3) Upfront payments. Each eligible bidder in the IVDS auction will 
be required to submit an upfront payment of $9,000 per MSA license and 
$2,500 per RSA license for the maximum number of licenses on which it 
intends to bid pursuant to section 1.2106 of this chapter and procedures 
specified by Public Notice.
    (4) Down payments. See Sec. 1.2107(b) of this chapter.
    (5) Full payment. Auction winners, except for small businesses 
eligible for installment payments, must pay the balance of their winning 
bids in a lump sum within five (5) business days following the grant of 
their license(s). The grant of a license(s) to an auction winner(s) will 
be conditioned on the timely payment of all monies due the Commission. 
See 47 CFR 1.2109(a).

[[Page 570]]

    (6) Default or disqualification. See Sec. 1.2104 (g)(2) of this 
chapter.
    (d) Designated entities. Designated entities are small businesses, 
and businesses owned by members of minority groups and/or women, as 
defined in 47 CFR 1.2110(b).
    (1) Bidding credits. (i) A winning bidder that qualifies as a small 
business (as defined in 95.816(d)(4)(i) of this section) may use a 
bidding credit of 10 percent to lower the cost of its winning bid.
    (ii) A winning bidder that qualifies as a very small business (as 
defined in 95.816(d)(4)(ii) of this section) may use a bidding credit of 
15 percent to lower the cost of its winning bid.
    (2) Installment payments. Each licensee that qualifies as a small 
business may pay the remaining 80 percent of the net auction price in 
quarterly installment payments pursuant to Sec. 1.2110(e) of this 
chapter. Licensees who qualify for installment payments are entitled to 
pay their winning bid amount in installments over the term of the 
license, with interest charges to be fixed at the time of licensing at a 
rate equal to the rate for five-year U.S. Treasury obligations. Payments 
shall include interest only for the first two years and payments of 
interest and principal amortized over the remaining three years of the 
license term. A license issued to an eligible small business that elects 
installment payments shall be conditioned on the full and timely 
performance of the license holder's quarterly payments.
    (3) Audits. (i) Applicants and licensees claiming eligibility under 
this section 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.
    (ii) 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 IVDS and shall also include consent to the 
interview of principals, employees, customers and suppliers of the 
applicant or licensee.
    (4) Definitions--(i) Small business. A 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.
    (ii) Very small business. 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 $3 million for the preceding three years.
    (iii) 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.
    (iv) 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.
    (v) Multiplier. Ownership interests that are held indirectly by any 
party

[[Page 571]]

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.
    (5) A licensee's (or other attributable entity's) increased gross 
revenues due to nonattributable equity investments (i.e., from sources 
whose gross revenues are not considered under 95.816(d)(4)(iv) of this 
section), debt financing, revenue from operations or other investments, 
business development or expanded service shall not be considered to 
result in the licensee losing eligibility for preferences as a small 
business or very small business under this section.
    (e) Unjust enrichment. See Sec. 1.2111 of this chapter.

[59 FR 24957, May 13, 1994, as amended at 61 FR 49075, Sept. 18, 1996; 
61 FR 60205, Nov. 27, 1996; 63 FR 2350, Jan. 15, 1998]



Sec. 95.817  Application for renewal of license.

    (a) Each application for renewal of an IVDS system license and for 
renewal of each individually licensed CTS shall be submitted on a 
Commission-generated FCC Form 574-R when the licensee has received that 
form in the mail from the Commission. If the licensee has not received 
the Form 574-R within sixty days of expiration, application for renewal 
shall be submitted on FCC Form 405-A.
    (b) Each application for renewal must be submitted as part of a 
renewal package to the address set forth in Sec. 1.1102 of the 
Commission's Rules.
    (c) The renewal package must include a cover sheet specifying the 
licensee's name and address and the service area number and name.



Sec. 95.819  License transferability.

    (a) IVDS system licenses acquired through competitive bidding 
procedures may be transferred, assigned, sold, or given away only in 
accordance with the provisions and procedures set forth in 47 CFR 
1.2111.
    (b) Except for licenses acquired through competitive bidding 
procedures, the licensees may not transfer, assign, sell, or give the 
IVDS system licenses or any component CTS licenses to any other entity 
until the five year construction benchmark (50 percent coverage) has 
been met.
    (c) Once the five year construction benchmark has been met, 
licensees of IVDS systems that were not acquired through competitive 
bidding may transfer, sell, assign, or give the IVDS system licenses 
together with all of its component CTS licenses to any other entity in 
accordance with the provisions of Sec. 95.821. If the licensee sells or 
gives away the apparatus the new owner must obtain a new IVDS system 
license and CTS licenses before placing it in operation.

[59 FR 24958, May 13, 1994]



Sec. 95.821  Application for transfer of control.

    If an IVDS system licensee agrees to a change in control of the 
station, the holder must request Commission consent for change of 
control by filing a Form 703. The licensee shall mail the request, 
together with the filing fee, to the address specified in Sec. 1.1102 of 
this chapter. The document granting such consent must be kept as part of 
the IVDS system authorization. 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).

[48 FR 35237, Aug. 3, 1983, as amended at 59 FR 9102, Feb. 25, 1994]

[[Page 572]]

                           System Requirements



Sec. 95.831  Service requirements.

    Subject to the initial construction requirements of Section 95.833, 
each IVDS system licensee must make the service available to at least 50 
percent of the population or land area located within the service area.

[61 FR 1288, Jan. 19, 1996]



Sec. 95.833  Construction requirements.

    (a) Each IVDS system licensee must make the service available to at 
least 30 percent of the population or land area within the service area 
within three years of grant of the IVDS system license, and 50 percent 
of the population or land area within five years of grant of the IVDS 
system license. Failure to do so will cancel the IVDS system license 
automatically. For the purposes of this section, a CTS is not considered 
as providing service unless that CTS and two associated RTUs are placed 
in operation.
    (b) Each IVDS system licensee must file a progress report at the 
conclusion of each of the two benchmark periods to inform the Commission 
of the construction status of the system. The report must be addressed 
to: Federal Communications Commission. Wireless Telecommunications 
Bureau, Special Services Branch, 1270 Fairfield Road, Gettysburg, PA 
17325-7245. The report must include:
    (1) A showing of how the system meets the benchmark; and
    (2) A list, including addresses, of all component CTSs constructed.

[61 FR 1288, Jan. 19, 1996]



Sec. 95.835  Station identification.

    No RTU or CTS is required to transmit a station identification 
announcement.



Sec. 95.837  Station inspection.

    Upon request by an authorized Commission representative, the IVDS 
system licensee must make any component CTS available for inspection.



Sec. 95.839  Operation in the National Radio Quiet Zone.

    (a) Before constructing a CTS in any area within the National Radio 
Quiet Zone (see Sec. 95.41) or before changing frequency segment, 
transmitter power, antenna height or directivity, or the coverage area 
of an existing CTS or RTU located within any area within the National 
Radio Quiet Zone, the licensee must give written notification thereof to 
the Interference Office, National Radio Astronomy Observatory, P.O. Box 
2, Green Bank, WV 24944.
    (b) The notification must include the geographical coordinates of 
all component CTS antennas, antenna ground elevation above mean sea 
level, antenna center of radiation above ground level, antenna 
directivity, proposed frequency, type of emission, and transmitter 
power.
    (c) If an objection to the proposed CTS is received by the 
Commission from the National Radio Astronomy Observatory at Green Bank, 
Pocahontas County, WV, for itself or on behalf of the Naval Research 
Laboratory at Sugar Grove Pendleton County, WV, within 20 days from the 
date of notification, the Commission will consider all aspects of the 
problem and take whatever action is deemed appropriate.



Sec. 95.840  Considerations in the Puerto Rico Coordination Zone.

    Any applicant for a new IVDS system 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 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].

[[Page 573]]

    (a) 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.
    (b) 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.

[62 FR 55535, Oct. 27, 1997]



Sec. 95.841  Operation near a Commission monitoring facility.

    Each CTS and each RTU transmitting from a location within 1.6 km (1 
mile) of a Commission monitoring facility must protect that facility 
from harmful interference. Failure to do so could result in imposition 
of restrictions upon the operation of the CTS or RTU by the Engineer-in-
Charge of the facility. (Geographical coordinates of the facilities that 
require protection are listed in Sec. 0.121(c) of this chapter.)

                           Technical Standards



Sec. 95.851  Certification.

    Each CTS and RTU transmitter must be certificated for use in the 
IVDS in accordance with subpart J of part 2 of this chapter.

[63 FR 36611, July 7, 1998]

    Effective Date Note:  At 63 FR 36611, July 7, 1998, Sec. 95.851 was 
revised, effective Oct. 5, 1998. For the convenience of the user, the 
superseded text is set forth as follows:

Sec. 95.851  Type acceptance.

    Each CTS and RTU transmitter must be typed-accepted for use in the 
IVDS in accordance with subpart J of part 2 of this chapter.



Sec. 95.853  Frequency segments.

    (a) Frequency segment A is 218.0-218.500 MHz. Frequency segment B is 
218.501-219.0 MHz.
    (b) Each CTS and each RTU in the same IVDS system shall transmit in 
the same assigned frequency segment.



Sec. 95.855  Transmitter effective radiated power limitation.

    (a) The effective radiated power (ERP) of each CTS and RTU shall be 
limited to the minimum necessary for successful communications. RTUs 
with powers in excess of 100 milliwatts must incorporate automatic power 
control to ensure the minimum ERP is used. No CTS may transmit with an 
ERP exceeding 20 watts. No fixed RTU may transmit with an ERP exceeding 
20 watts. No mobile RTU may transmit with an ERP exceeding 100 
milliwatts mean power.
    (b) For an IVDS system located in a TV Channel 13 station Grade B 
predicted contour, the maximum ERP shall be limited as follows:

------------------------------------------------------------------------
                                                             Maximum CTS
                 TV channel 13 service area                  ERP (watts)
------------------------------------------------------------------------
City Grade.................................................           20
Grade A....................................................            7
Grade B....................................................            1
Grade B +2 miles...........................................            1
Grade B +3 miles...........................................            3
Grade B +4 miles...........................................           10
Grade B +5 miles and beyond................................           20
------------------------------------------------------------------------


[57 FR 8275, Mar. 9, 1992, as amended at 61 FR 32711, June 25, 1996]



Sec. 95.857  Emission standards.

    (a) All transmissions by each CTS and by each RTU shall use an 
emission type that complies with the following standard for unnecessary 
radiation.

[[Page 574]]

    (b) All spurious and out-of-band emissions shall be attenuated:
    (1) Zero dB on any frequency within the authorized frequency 
segment.
    (2) At least 28 dB on any frequency removed from the midpoint of the 
assigned frequency segment by more than 250 kHz up to and including 750 
kHz;
    (3) At least 35 dB on any frequency removed from the midpoint of the 
assigned frequency segment by more than 750 kHz up to and including 1250 
kHz;
    (4) At least 43 plus 10 log (base 10) (mean power in watts) dB on 
any frequency removed from the midpoint of the assigned frequency 
segment by more than 1250 kHz.
    (c) When testing for certification, all measurements of unnecessary 
radiation are performed using a carrier frequency as close to the edge 
of the authorized frequency segment as the transmitter is designed to be 
capable of operating.
    (d) The resolution bandwidth of the instrumentation used to measure 
the emission power shall be 100 Hz for measuring emissions up to and 
including 250 kHz from the edge of the authorized frequency segment, and 
10 kHz for measuring emissions more than 250 kHz from the edge of the 
authorized frequency segment. If a video filter is used, its bandwidth 
shall not be less than the resolution bandwidth. The power level of the 
highest emission within the frequency segment, to which the attenuation 
is referenced, shall be remeasured for each change in resolution 
bandwidth.

[57 FR 8275, Mar. 9, 1992, as amended at 63 FR 36611, July 7, 1998]

    Effective Date Note:  At 63 FR 36611, July 7, 1998, Sec. 95.857, 
paragraph (c) was amended by removing the term ``type acceptance'' and 
adding in its place ``certification'', effective Oct. 5, 1998.



Sec. 95.859  Antennas.

    (a) The CTS antenna includes the radiating element(s), tower, 
supports and all appurtenances. No CTS antenna shall be elevated higher 
than necessary to assure adequate service.
    (1) A CTS antenna located within a boundary line 16 km (10 miles) 
outside the Grade B contour of a TV Channel 13 station may not exceed a 
maximum Height Above Average Terrain (HAAT), as defined in Sec. 90.309, 
and maximum ERP as set forth below:

------------------------------------------------------------------------
                             HAAT                               Maximum
--------------------------------------------------------------    ERP
                 (m)                           (feet)           (watts)
------------------------------------------------------------------------
0-36.6..............................  0-120..................     20.0
36.6-73.2...........................  121-240................      5.0
73.3-152.4..........................  241-500................      1.2
152.5-304.8.........................  501-1000...............      0.29
304.9-609.6.........................  1001-2000..............      0.073
------------------------------------------------------------------------

    (2) A CTS antenna located beyond a boundary line 16 km (10 miles) 
outside the Grade B contour of a TV Channel 13 station may not exceed a 
maximum HAAT, as defined in Sec. 90.309, and maximum ERP as set forth 
below:

------------------------------------------------------------------------
                             HAAT                               Maximum
--------------------------------------------------------------    ERP
                 (m)                           (feet)           (watts)
------------------------------------------------------------------------
0-152.4.............................  0-500..................       20.0
152.5-304.8.........................  501-1000...............        5.0
304.9-609.6.........................  1001-2000..............        1.2
------------------------------------------------------------------------

    (b) No CTS antenna shall be located within 61 m (200 feet) of a 
residential dwelling unless the IVDS system licensee has reduced power 
such that the field strength of the CTS antenna at the residential 
dwelling does not increase relative to the field strength of the CTS 
antenna at 61 m or obtained the written concurrence of the resident(s) 
within 61 m of the CTS antenna. The written concurrence must be kept as 
part of the IVDS system authorization.
    (c) The RTU may be connected to an external antenna not more than 
6.1 m (20 feet) above ground or above an existing man-made structure 
(other than an antenna structure). Connectors that are used to connect 
RTUs to an external antenna shall not be of the types generally known as 
``F-type'' or ``BNC type.'' Use of an external antenna is subject to 
Sec. 95.861.

[57 FR 36373, Aug. 13, 1992]



Sec. 95.861  Interference.

    (a) When an IVDS system suffers harmful interference within its 
service area from or causes harmful interference to another IVDS system, 
the licensees of both systems must cooperate and resolve the problem by 
mutually satisfactory arrangements. If the

[[Page 575]]

licensees are unable to do so, the Commission may impose restrictions 
including, but not limited to, specifying the transmitter power, antenna 
height, or area or hours of operation of the stations concerned.
    (b) The use of any frequency segment at a given geographical 
location may be denied when, in the judgment of the Commission, its use 
in that location is not in the public interest; the use of a frequency 
segment specified for the IVDS system may be restricted as to specified 
geographical areas, maximum power, or other operating conditions.
    (c) Unless the IVDS system licensee obtains written consent from the 
TV Channel 13 station licensee to dispense with this notification, each 
IVDS system licensee must notify all households located both within a TV 
Channel 13 station Grade B predicted contour and the IVDS system service 
area of the potential for interference from an IVDS system. The IVDS 
system licensee must also inform those potentially affected households 
that it will eliminate any objectionable interference to television 
reception caused by its IVDS system. This notification shall be made no 
earlier than two weeks before and no later than two weeks after 
initiation of IVDS in the TV Channel 13 station Grade B predicted 
contour. The written consent must be kept as part of the IVDS system 
authorization.
    (d) Each IVDS system licensee must provide upon request, and install 
free of charge, an interference reduction device to any household within 
a TV Channel 13 station Grade B predicted contour that experiences 
interference due to a component CTS or RTU.
    (e) Each IVDS system licensee must investigate and eliminate 
interference to television broadcasting and reception, from its 
component CTSs and RTUs, within 30 days of the time it is notified in 
writing, by either an affected television station, an affected viewer, 
or the Commission, of an interference complaint. Should the licensee 
fail to eliminate the interference within the 30 day period, the CTS or 
RTU causing the interference must discontinue operation.
    (f) The boundaries for each IVDS service area, as defined in 
Sec. 95.803, are the limit of interference protection for an IVDS 
system.

[57 FR 8275, Mar. 9, 1992, as amended at 57 FR 36374, Aug. 13, 1992]



Sec. 95.863  Duty cycle.

    (a) Except as provided in paragraph (b) of this section, the maximum 
duty cycle of each RTU, either fixed or mobile, shall not exceed 5 
seconds-per-hour, or, alternatively, not exceed one percent within any 
100 millisecond interval.
    (b) The duty cycle limitation specified above for RTUs does not 
apply in the following situations:
    (1) To fixed and mobile RTUs when there is no TV channel 13 
predicted Grade B contour overlap in the licensed service area; or
    (2) To fixed RTUs in areas where there is Grade B contour overlap 
and the RTU is located outside the TV channel 13 predicted Grade B 
contour but within the licensed service area.

[61 FR 32711, June 25, 1996]



                Subpart G--Low Power Radio Service (LPRS)

    Source: 61 FR 46569, Sept. 4, 1996, unless otherwise noted.

                           General Provisions



Sec. 95.1001  Eligibility.

    An entity is authorized by rule to operate a LPRS transmitter and is 
not required to be individually licensed by the FCC if it is not a 
representative of a foreign government and if it uses the transmitter 
only in accordance with Sec. 95.1009. Each entity operating a LPRS 
transmitter for AMTS purposes must hold an AMTS license under part 80 of 
this chapter.



Sec. 95.1003  Authorized locations.

    LPRS operation is authorized:
    (a) Anywhere CB station operation is permitted under Sec. 95.405(a); 
and
    (b) Aboard any vessel or aircraft of the United States, with the 
permission of the captain, while the vessel or aircraft is either 
travelling domestically or in international waters or airspace.
    (c) Anyone intending to operate an LPRS transmitter on the islands 
of

[[Page 576]]

Puerto Rico, Desecheo, Mona, Vieques, and Culebra in a manner that could 
pose an interference threat to the Arecibo Observatory shall notify the 
Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo, 
Puerto Rico 00613, in writing or electronically, of the location of the 
unit. Operators may wish to consult interference guidelines, which will 
be provided by Cornell University. Operators who choose to transmit 
information electronically should e-mail to: [email protected].
    (1) The notification to the Interference Office, Arecibo Observatory 
shall be made 45 days prior to commencing operation of the transmitter. 
The notification shall state the geographical coordinates of the unit.
    (2) After receipt of such notifications, the Commission will allow 
the Arecibo Observatory a period of 20 days for comments or objections. 
The operator will be required to make reasonable efforts in order to 
resolve or mitigate any potential interference problem with the Arecibo 
Observatory. If the Commission determines that an operator has satisfied 
its responsibility to make reasonable efforts to protect the Observatory 
from interference, the unit may be allowed to operate.

[61 FR 46569, Sept. 4, 1996, as amended at 62 FR 55536, Oct. 27, 1997]



Sec. 95.1005  Station identification.

    An LPRS station is not required to transmit a station identification 
announcement.



Sec. 95.1007  Station inspection.

    All LPRS system apparatus must be made available for inspection upon 
request by an authorized FCC representative.



Sec. 95.1009  Permissible communications.

    LPRS stations may transmit voice, data, or tracking signals as 
permitted in this section. Two-way voice communications are prohibited.
    (a) Auditory assistance communications (including but not limited to 
applications such as assistive listening devices, audio description for 
the blind, and simultaneous language translation) for:
    (1) Persons with disabilities. In the context of the LPRS, the term 
``disability'' has the meaning given to it by section 3(2)(A) of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)), i.e, 
persons with a physical or mental impairment that substantially limits 
one or more of the major life activities of such individuals;
    (2) Persons who require language translation; or
    (3) Persons who may otherwise benefit from auditory assistance 
communications in educational settings.
    (b) Health care related communications for the ill.
    (c) Law enforcement tracking signals (for homing or interrogation) 
including the tracking of persons or stolen goods under authority or 
agreement with a law enforcement agency (federal, state, or local) 
having jurisdiction in the area where the transmitters are placed.
    (d) AMTS point-to-point network control communications.



Sec. 95.1011  Channel use policy.

    (a) The channels authorized to LPRS systems by this part are 
available on a shared basis only and will not be assigned for the 
exclusive use of any entity.
    (b) Those using LPRS transmitters must cooperate in the selection 
and use of channels in order to reduce interference and make the most 
effective use of the authorized facilities. Channels must be selected in 
an effort to avoid interference to other LPRS transmissions.
    (c) Operation is subject to the conditions that no harmful 
interference is caused to the United States Navy's SPASUR radar system 
(216.88-217.08 MHz) or to TV reception within the Grade B contour of any 
TV channel 13 station or within the 68 dBu predicted contour of any low 
power TV or TV translator station operating on channel 13.



Sec. 95.1013  Antennas.

    (a) The maximum allowable ERP for a station in the LPRS is 100 mW.
    (b) AMTS stations must employ directional antennas.
    (c) Antennas used with LPRS units must comply with the following:

[[Page 577]]

    (1) For LPRS units operating entirely within an enclosed structure, 
e.g., a building, there is no limit on antenna height;
    (2) For LPRS units not operating entirely within an enclosed 
structure, the tip of the antenna shall not exceed 30.5 meters (100 
feet) above ground. In cases where harmful interference occurs the FCC 
may require that the antenna height be reduced; and
    (3) The height limitation in paragraph (c)(2) of this section does 
not apply to LPRS units in which the antenna is an integral part of the 
unit.



Sec. 95.1015  Disclosure policies.

    (a) Manufacturers of LPRS transmitters used for auditory assistance, 
health care assistance, and law enforcement tracking purposes must 
include with each transmitting device the following statement: ``This 
transmitter is authorized by rule under the Low Power Radio Service (47 
C.F.R. Part 95) and must not cause harmful interference to TV reception 
or United States Navy SPASUR installations. You do not need an FCC 
license to operate this transmitter. This transmitter may only be used 
to provide: auditory assistance to persons with disabilities, persons 
who require language translation, or persons in educational settings; 
health care services to the ill; law enforcement tracking services under 
agreement with a law enforcement agency; or automated maritime 
telecommunications system (AMTS) network control communications. Two-way 
voice communications and all other types of uses not mentioned above are 
expressly prohibited.''
    (b) Prior to operating a LPRS transmitter for AMTS purposes, an AMTS 
licensee must notify, in writing, each television station that may be 
affected by such operations, as defined in Sec. 80.215(h) of this 
chapter. The notification provided with the station's license 
application is sufficient to satisfy this requirement if no new 
television stations would be affected.



Sec. 95.1017  Labeling requirements.

    (a) Each LPRS transmitting device shall bear the following statement 
in a conspicuous location on the device: ``This device may not interfere 
with TV reception or federal government radar, and must accept any 
interference received, including interference that may cause undesired 
operation.''
    (b) Where an LPRS device is constructed in two or more sections 
connected by wires and marketed together, the statement specified in 
this section is required to be affixed only to the main control unit.
    (c) When the LPRS device is so small or for such use that it is not 
practicable to place the statement specified in the section on it, the 
statement must be placed in a prominent location in the instruction 
manual or pamphlet supplied to the user or, alternatively, shall be 
placed on the container in which the device is marketed.



Sec. 95.1019  Marketing limitations.

    Transmitters intended for operation in the LPRS may be marketed and 
sold only for those uses described in Sec. 95.1109.



PART 97--AMATEUR RADIO SERVICE--Table of Contents




                      Subpart A--General Provisions

Sec.
97.1  Basis and purpose.
97.3  Definitions.
97.5  Station license required.
97.7  Control operator required.
97.9  Operator license.
97.11  Stations aboard ships or aircraft.
97.13  Restrictions on station location.
97.15  Station antenna structures.
97.17  Application for new license or reciprocal permit for alien 
          amateur licensee.
97.19  Application for a vanity call sign.
97.21  Application for a modified or renewed license.
97.23  Mailing address.
97.25  License term.
97.27  FCC modification of station license.
97.29  Replacement license document.

                 Subpart B--Station Operation Standards

97.101  General standards.
97.103  Station licensee responsibilities.
97.105  Control operator duties.
97.107  Alien control operator privileges.
97.109  Station control.
97.111  Authorized transmissions.
97.113  Prohibited transmissions.
97.115  Third party communications.
97.117  International communications.
97.119  Station identification.
97.121  Restricted operation.

[[Page 578]]

                      Subpart C--Special Operations

97.201  Auxiliary station.
97.203  Beacon station.
97.205  Repeater station.
97.207  Space station.
97.209  Earth station.
97.211  Space telecommand station.
97.213  Telecommand of an amateur station.
97.215  Telecommand of model craft.
97.217  Telemetry.
97.219  Message forwarding system.
97.221  Automatically controlled digital station.

                     Subpart D--Technical Standards

97.301  Authorized frequency bands.
97.303  Frequency sharing requirements.
97.305  Authorized emission types.
97.307  Emission standards
97.309  RTTY and data emission codes.
97.311  SS emission types.
97.313  Transmitter power standards.
97.315  Certification of external RF power amplifiers.
97.317  Standards for certification of external RF power amplifiers.

              Subpart E--Providing Emergency Communications

97.401  Operation during a disaster.
97.403  Safety of life and protection of property.
97.405  Station in distress.
97.407  Radio amateur civil emergency service.

                Subpart F--Qualifying Examination Systems

97.501  Qualifying for an amateur operator license.
97.503  Element standards.
97.505  Element credit.
97.507  Preparing an examination.
97.509  Administering VE requirements.
97.511  Examinee conduct.
97.513  VE session manager requirements.
97.515-97.517  [Reserved]
97.519  Coordinating examination sessions.
97.521  VEC qualifications.
97.523  Question pools.
97.525  Accrediting VEs.
97.527  Reimbursement for expenses.

Appendix 1 to Part 97--Places Where the Amateur Service is Regulated by 
          the FCC
Appendix 2 to Part 97--VEC Regions

    Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303. 
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 U.S.C. 
151-155, 301-609, unless otherwise noted.

    Source: 54 FR 25857, June 20, 1989, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 97.1  Basis and purpose.

    The rules and regulations in this part are designed to provide an 
amateur radio service having a fundamental purpose as expressed in the 
following principles:
    (a) Recognition and enhancement of the value of the amateur service 
to the public as a voluntary noncommercial communication service, 
particularly with respect to providing emergency communications.
    (b) Continuation and extension of the amateur's proven ability to 
contribute to the advancement of the radio art.
    (c) Encouragement and improvement of the amateur service through 
rules which provide for advancing skills in both the communication and 
technical phases of the art.
    (d) Expansion of the existing reservoir within the amateur radio 
service of trained operators, technicians, and electronics experts.
    (e) Continuation and extension of the amateur's unique ability to 
enhance international goodwill.



Sec. 97.3  Definitions.

    (a) The definitions of terms used in part 97 are:
    (1) Amateur operator. A person holding a written authorization to be 
the control operator of an amateur station.
    (2) Amateur radio services. The amateur service, the amateur-
satellite service and the radio amateur civil emergency service.
    (3) Amateur-satellite service. A radiocommunication service using 
stations on Earth satellites for the same purpose as those of the 
amateur service.
    (4) Amateur service. A radiocommunication service for the purpose of 
self-training, intercommunication and technical investigations carried 
out by amateurs, that is, duly authorized persons interested in radio 
technique solely with a personal aim and without pecuniary interest.
    (5) Amateur station. A station in an amateur radio service 
consisting of the apparatus necessary for carrying on 
radiocommunications.
    (6) Automatic control. The use of devices and procedures for control 
of a

[[Page 579]]

station when it is transmitting so that compliance with the FCC Rules is 
achieved without the control operator being present at a control point.
    (7) Auxiliary station. An amateur station, other than in a message 
forwarding system, that is transmitting communications point-to-point 
within a system of cooperating amateur stations.
    (8) Bandwidth. The width of a frequency band outside of which the 
mean power of the transmitted signal is attenuated at least 26 dB below 
the mean power of the transmitted signal within the band.
    (9) Beacon. An amateur station transmitting communications for the 
purposes of observation of propagation and reception or other related 
experimental activities.
    (10) Broadcasting. Transmissions intended for reception by the 
general public, either direct or relayed.
    (11) Call sign system. The method used to select a call sign for 
amateur station over-the-air identification purposes. The call sign 
systems are:
    (i) Sequential call sign system. The call sign is selected by the 
FCC from an alphabetized list corresponding to the geographic region of 
the licensee's mailing address and operator class. The call sign is 
shown on the license. The FCC will issue public announcements detailing 
the procedures of the sequential call sign system.
    (ii) Vanity call sign system. The call sign is selected by the FCC 
from a list of call signs requested by the licensee. The call sign is 
shown on the license. The FCC will issue public announcements detailing 
the procedures of the vanity call sign system.
    (iii) Special event call sign system. The call sign is selected by 
the station licensee from a list of call signs shown on a common data 
base coordinated, maintained and disseminated by the amateur station 
special event call sign data base coordinators. The call sign must have 
the single letter prefix K, N or W, followed by a single numeral 0 
through 9, followed by a single letter A through W or Y or Z (for 
example K1A). The special event call sign is substituted for the call 
sign shown on the station license grant while the station is 
transmitting. The FCC will issue public announcements detailing the 
procedures of the special event call sign system.
    (12) Control operator. An amateur operator designated by the 
licensee of a station to be responsible for the transmissions from that 
station to assure compliance with the FCC Rules.
    (13) Control point. The location at which the control operator 
function is performed.
    (14) CSCE. Certificate of successful completion of an examination.
    (15) Earth station. An amateur station located on, or within 50 km 
of, the Earth's surface intended for communications with space stations 
or with other Earth stations by means of one or more other objects in 
space.
    (16) EIC. Engineer in Charge of an FCC Field Facility.
    (17) External RF power amplifier. A device capable of increasing 
power output when used in conjunction with, but not an integral part of, 
a transmitter.
    (18) External RF power amplifier kit. A number of electronic parts, 
which, when assembled, is an external RF power amplifier, even if 
additional parts are required to complete assembly.
    (19) FAA. Federal Aviation Administration.
    (20) FCC. Federal Communications Commission.
    (21) Frequency coordinator. An entity, recognized in a local or 
regional area by amateur operators whose stations are eligible to be 
auxiliary or repeater stations, that recommends transmit/receive 
channels and associated operating and technical parameters for such 
stations in order to avoid or minimize potential interference.
    (22) 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 operating in accordance with the Radio 
Regulations.
    (23) Indicator. Words, letters or numerals appended to and separated 
from the call sign during the station identification.
    (24) Information bulletin. A message directed only to amateur 
operators

[[Page 580]]

consisting solely of subject matter of direct interest to the amateur 
service.
    (25) International Morse code. A dot-dash code as defined in 
International Telegraph and Telephone Consultative Committee (CCITT) 
Recommendation F.1 (1984), Division B, I. Morse code.
    (26) ITU. International Telecommunication Union.
    (27) Line A. Begins at Aberdeen, WA, running by great circle arc to 
the intersection of 48 deg. N, 120 deg. W, thence along parallel 48 deg. 
N, to the intersection of 95 deg. W, thence by great circle arc through 
the southernmost point of Duluth, MN, thence by great circle arc to 
45 deg. N, 85 deg. W, thence southward along meridian 85 deg. W, to its 
intersection with parallel 41 deg. N, thence along parallel 41 deg. N, 
to its intersection with meridian 82 deg. W, thence by great circle arc 
through the southernmost point of Bangor, ME, thence by great circle arc 
through the southernmost point of Searsport, ME, at which point it 
terminates.
    (28) Local control. The use of a control operator who directly 
manipulates the operating adjustments in the station to achieve 
compliance with the FCC Rules.
    (29) Message forwarding system. A group of amateur stations 
participating in a voluntary, cooperative, interactive arrangement where 
communications are sent from the control operator of an originating 
station to the control operator of one or more destination stations by 
one or more forwarding stations.
    (30) National Radio Quiet Zone. The area in Maryland, Virginia and 
West Virginia 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.
    (31) Physician. For the purpose of this part, a person who is 
licensed to practice in a place where the amateur service is regulated 
by the FCC, as either a Doctor of Medicine (M.D.) or a Doctor of 
Osteophathy (D.O.)
    (32) Question pool. All current examination questions for a 
designated written examination element.
    (33) Question set. A series of examination on a given examination 
selected from the question pool.
    (34) Radio Regulations. The latest ITU Radio Regulations to which 
the United States is a party.
    (35) RACES (radio amateur civil emergency service). A radio service 
using amateur stations for civil defense communications during periods 
of local, regional or national civil emergencies.
    (36) Remote control. The use of a control operator who indirectly 
manipulates the operating adjustments in the station through a control 
link to achieve compliance with the FCC Rules.
    (37) Repeater. An amateur station that simultaneously retransmits 
the transmission of another amateur station on a different channel or 
channels.
    (38) Space station. An amateur station located more than 50 km above 
the Earth's surface.
    (39) Space telemetry. A one-way transmission from a space station of 
measurements made from the measuring instruments in a spacecraft, 
including those relating to the functioning of the spacecraft.
    (40) Spurious emission. An emission, or frequencies outside the 
necessary bandwidth of a transmission, the level of which may be reduced 
without affecting the information being transmitted.
    (41) Telecommand. A one-way transmission to initiate, modify, or 
terminate functions of a device at a distance.
    (42) Telecommand station. An amateur station that transmits 
communications to initiate, modify or terminate functions of a space 
station.
    (43) Telemetry. A one-way transmission of measurements at a distance 
from the measuring instrument.
    (44) Third party communications. A message from the control operator 
(first party) of an amateur station to another amateur station control 
operator (second party) on behalf of another person (third party).
    (45) VE. Volunteer examiner.
    (46) VEC. Volunteer-examiner coordinator.
    (b) The definitions of technical smybols used in this part are:
    (1) EHF (extremely high frequency). The frequency range 30-300 GHz.
    (2) HF (high frequency). The frequency range 3-30 MHz.
    (3) Hz. Hertz.
    (4) m. Meters.

[[Page 581]]

    (5) MF (medium frequency). The frequency range 300-3000 kHz.
    (6) PEP (peak envelope power). The average power supplied to the 
antenna transmission line by a transmitter during one RF cycle at the 
crest of the modulation envelope taken under normal operating 
conditions.
    (7) RF. Radio frequency.
    (8) SHF (super-high frequency). The frequency range 3-30 GHz.
    (9) UHF (ultra-high frequency). The frequency range 300-3000 MHz.
    (10) VHF (very-high frequency). The frequency range 30-300 MHz.
    (11) W. Watts.
    (c) The following terms are used in this part to indicate emission 
types. Refer to Sec. 2.201 of the FCC Rules, Emission, modulation and 
transmission characteristics, for information on emission type 
designators.
    (1) CW. International Morse code telegraphy emissions having 
designators with A, C, H, J or R as the first symbol; 1 as the second 
symbol; A or B as the third symbol; and emissions J2A and J2B.
    (2) Data. Telemetry, telecommand and computer communications 
emissions having designators with A, C, D, F, G, H, J or R as the first 
symbol; 1 as the second symbol; D as the third symbol; and emission J2D. 
Only a digital code of a type specifically authorized in this part may 
be transmitted.
    (3) Image. Facsimile and television emissions having designators 
with A, C, D, F, G, H, J or R as the first symbol; 1, 2 or 3 as the 
second symbol; C or F as the third symbol; and emissions having B as the 
first symbol; 7, 8 or 9 as the second symbol; W as the third symbol.
    (4) MCW. Tone-modulated international Morse code telegraphy 
emissions having designators with A, C, D, F, G, H or R as the first 
symbol; 2 as the second symbol; A or B as the third symbol.
    (5) Phone. Speech and other sound emissions having designators with 
A, C, D, F, G, H, J or R as the first symbol; 1, 2 or 3 as the second 
symbol; E as the third symbol. Also speech emissions having B as the 
first symbol; 7, 8 or 9 as the second symbol; E as the third symbol. MCW 
for the purpose of performing the station identification procedure, or 
for providing telegraphy practice interspersed with speech. Incidental 
tones for the purpose of selective calling or alerting or to control the 
level of a demodulated signal may also be considered phone.
    (6) Pulse. Emissions having designators with K, L, M, P, Q, V or W 
as the first symbol; 0, 1, 2, 3, 7, 8, 9 or X as the second symbol; A, 
B, C, D, E, F, N, W or X as the third symbol.
    (7) RTTY. Narrow-band direct-printing telegraphy emissions having 
designators with A, C, D, F, G, H, J or R as the first symbol; 1 as the 
second symbol; B as the third symbol; and emission J2B. Only a digital 
code of a type specifically authorized in this part may be transmitted.
    (8) SS. Spread-spectrum emissions using bandwidth-expansion 
modulation emissions having designators with A, C, D, F, G, H, J or R as 
the first symbol; X as the second symbol; X as the third symbol. Only a 
SS emission of a type specifically authorized in this part may be 
transmitted.
    (9) Test. Emissions containing no information having the designators 
with N as the third symbol. Test does not include pulse emissions with 
no information or modulation unless pulse emissions are also authorized 
in the frequency band.

[54 FR 25857, June 20, 1989, as amended at 56 FR 29, Jan. 2, 1991; 56 FR 
56171, Nov. 1, 1991; 59 FR 18975, Apr. 21, 1994; 60 FR 7460, Feb. 8, 
1995; 62 FR 17567, Apr. 10, 1997]



Sec. 97.5  Station license required.

    (a) The person having physical control of the station apparatus must 
have been granted a station license of the type listed in paragraph (b) 
of this section, or hold an unexpired document of the type listed in 
paragraph (c) of this section, before the station may transmit on any 
amateur service frequency from any place that is:
    (1) Within 50 km of the Earth's surface and at a place where the 
amateur service is regulated by the FCC;
    (2) Within 50 km of the Earth's surface and aboard any vessel or 
craft that is documented or registered in the United States; or
    (3) More than 50 km above the Earth's surface aboard any craft that 
is

[[Page 582]]

documented or registered in the United States.
    (b) The types of station licenses are:
    (1) An operator/primary station license. One, but only one, 
operator/primary station license is granted to each person who is 
qualified to be an amateur operator. The primary station license is 
granted together with the amateur operator license. Except for a 
representative of a foreign government, any person who qualifies by 
examination is eligible to apply for an operator/primary station 
license. The operator/primary station license document is printed on FCC 
Form 660.
    (2) A club station license. A club station license is granted only 
to the person who is the license trustee designated by an officer of the 
club. The trustee must be a person who has been granted an Amateur 
Extra, Advanced, General, Technician Plus, or Technician operator 
license. The club must be composed of at least four persons and must 
have a name, a document of organization, management, and a primary 
purpose devoted to amateur service activities consistent with this part. 
The club station license document is printed on FCC Form 660.
    (3) A military recreation station license. A military recreation 
station license is granted only to the person who is the license 
custodian designated by the official in charge of the United States 
military recreational premises where the station is situated. The person 
must not be a representative of a foreign government. The person need 
not have been granted an amateur operator license. The military 
recreation station license document is printed on FCC Form 660.
    (4) A RACES station license. A RACES station license is granted only 
to the person who is the license custodian designated by the official 
responsible for the governmental agency served by that civil defense 
organization. The custodian must be the civil defense official 
responsible for coordination of all civil defense activities in the area 
concerned. The custodian must not be a representative of a foreign 
government. The custodian need not have been granted an amateur operator 
license. The RACES station license document is printed on FCC Form 660.
    (c) The types of documents are:
    (1) A reciprocal permit for alien amateur licensee (FCC Form 610-AL) 
issued to the person by the FCC.
    (2) An amateur service license issued to the person by the 
Government of Canada. The person must be a Canadian citizen.
    (d) A person who has been granted a station license of the type 
listed in paragraph (b) of this section, or who holds an unexpired 
document of the type listed in paragraph (c) of this section, is 
authorized to use in accordance with the FCC Rules all transmitting 
apparatus under the physical control of the station licensee at points 
where the amateur service is regulated by the FCC.

[59 FR 54831, Nov. 2, 1994, as amended at 62 FR 17567, Apr. 10, 1997]



Sec. 97.7  Control operator required.

    When transmitting, each amateur station must have a control 
operator. The control operator must be a person who has been granted an 
amateur operator/primary station license, or who holds an unexpired 
document of the following types:
    (a) A reciprocal permit for alien amateur licensee (FCC Form 610-AL) 
issued to the person by the FCC, or
    (b) An amateur service license issued to the person by the 
Government of Canada. The person must be a Canadian citizen.

[59 FR 54832, Nov. 2, 1994]



Sec. 97.9  Operator license.

    (a) The classes of amateur operator licenses are: Novice, 
Technician, Technician Plus (until such licenses expire, a Technician 
Class license granted before February 14, 1991, is considered a 
Technician Plus Class license), General, Advanced, and Amateur Extra. A 
person who has been granted an operator license is authorized to be the 
control operator of an amateur station with the privileges of the 
operator class specified on the license.
    (b) A person who has been granted an operator license of Novice, 
Technician, Technician Plus, General, or Advanced class and who has 
properly submitted to the administering VEs an application document, FCC 
Form 610, for an

[[Page 583]]

operator license of a higher class, and who holds a CSCE indicating that 
the person has completed the necessary examinations within the previous 
365 days, is authorized to exercise the rights and privileges of the 
higher operator class until final disposition of the application or 
until 365 days following the passing of the examination, whichever comes 
first.

[59 FR 54832, Nov. 2, 1994]



Sec. 97.11  Stations aboard ships or aircraft.

    (a) The installation and operation of an amateur station on a ship 
or aircraft must be approved by the master of the ship or pilot in 
command of the aircraft.
    (b) The station must be separate from and independent of all other 
radio apparatus installed on the ship or aircraft, except a common 
antenna may be shared with a voluntary ship radio installation. The 
station's transmissions must not cause interference to any other 
apparatus installed on the ship or aircraft.
    (c) The station must not constitute a hazard to the safety of life 
or property. For a station aboard an aircraft, the apparatus shall not 
be operated while the aircraft is operating under Instrument Flight 
Rules, as defined by the FAA, unless the station has been found to 
comply with all applicable FAA Rules.



Sec. 97.13  Restrictions on station location.

    (a) Before placing an amateur station on land of environmental 
importance or that is significant in American history, architecture or 
culture, the licensee may be required to take certain actions prescribed 
by Sec. 1.1301-1.1319 of the FCC Rules.
    (b) A station within 1600 m (1 mile) of an FCC monitoring facility 
must protect that facility from harmful interference. Failure to do so 
could result in imposition of operating restrictions upon the amateur 
station by an EIC pursuant to Sec. 97.121 of this part. Geographical 
coordinates of the facilities that require protection are listed in 
Sec. 0.121(c) of the FCC Rules.
    (c) Before causing or allowing an amateur station to transmit from 
any place where the operation of the station could cause human exposure 
to RF electromagnetic field levels in excess of those allowed under 
Sec. 1.1310 of this chapter, the licensee is required to take certain 
actions.
    (1) The licensee must perform the routine RF environmental 
evaluation prescribed by Sec. 1.1307(b) of this chapter, if the power of 
the licensee's station exceeds the limits given in the following table:

------------------------------------------------------------------------
                                            Evaluation required if power
              Wavelength band                    \1\ (watts) exceeds
------------------------------------------------------------------------
                                   MF
------------------------------------------------------------------------
160 m.....................................  500
------------------------------------------------------------------------
                                   HF
------------------------------------------------------------------------
80 m......................................  500
75 m......................................  500
40 m......................................  500
30 m......................................  425
20 m......................................  225
17 m......................................  125
15 m......................................  100
12 m......................................  75
10 m......................................  50
VHF (all bands)...........................  50
------------------------------------------------------------------------
                                   UHF
------------------------------------------------------------------------
70 cm.....................................  70
33 cm.....................................  150
23 cm.....................................  200
13 cm.....................................  250
SHF (all bands)...........................  250
EHF (all bands)...........................  250
Repeater stations (all bands).............  non-building-mounted
                                             antennas: height above
                                             ground level to lowest
                                             point of antenna 10 m and
                                             power >500 W ERP building-
                                             mounted antennas: power
                                             >500 W ERP
------------------------------------------------------------------------
\1\ Power = PEP input to antenna except, for repeater stations only,
  power exclusion is based on ERP (effective radiated power).

    (2) If the routine environmental evaluation indicates that the RF 
electromagnetic fields could exceed the limits contained in Sec. 1.1310 
of this chapter in accessible areas, the licensee must take action to 
prevent human exposure to such RF electromagnetic fields. Further 
information on evaluating compliance with these limits can be found in 
the FCC's OET Bulletin 65, ``Evaluating Compliance with FCC-Specified 
Guidelines for Human Exposure to

[[Page 584]]

Radio Frequency Electromagnetic Fields.''

[54 FR 25857, June 20, 1989, as amended at 55 FR 20398, May 16, 1990; 61 
FR 41019, Aug. 7, 1996; 62 FR 47963, Sept. 12, 1997; 62 FR 49557, Sept. 
22, 1997; 62 FR 61448, Nov. 18, 1997]



Sec. 97.15  Station antenna structures.

    (a) Unless the amateur station license has received prior approval 
from the FCC, no antenna structure, including the radiating elements, 
tower, supports and all appurtenances, may be higher than 61 m (200 
feet) above ground level at its site.
    (b) Unless the amateur station 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 nearest 
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) An amateur station antenna structure no higher than 6.1 m (20 
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 is required 
or if the structure must be registered, painted, or lighted 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 the limits specified in paragraphs (a), (b), and 
(c) of this section, the licensee must notify the FAA using FAA Form 
7460-1 and the structure owner must register the structure using FCC 
Form 854.
    (e) Except as otherwise provided herein, a station antenna structure 
may be erected at heights and dimensions sufficient to accommodate 
amateur service communications. [State and local regulation of a station 
antenna structure must not preclude amateur service communications. 
Rather, it must reasonably accommodate such communications and must 
constitute the minimum practicable regulation to accomplish the state or 
local authority's legitimate purpose. [See PRB-1, 101 FCC 2d 952 (1985) 
for details.]

[54 FR 25857, June 20, 1989; 54 FR 39535, Sept. 27, 1989, as amended at 
60 FR 50123, Sept. 28, 1995; 61 FR 4369, Feb. 6, 1996]



Sec. 97.17  Application for new license or reciprocal permit for alien amateur licensee.

    (a) Any qualified person is eligible to apply for an amateur service 
license.
    (b) Each application for a new amateur service license must be made 
on the proper document:
    (1) FCC Form 610 for a new operator/primary station license;
    (2) FCC Form 610-A for a reciprocal permit for alien amateur 
licensee; and
    (3) FCC Form 610-B for a new amateur service club or military 
recreation station license.
    (c) Each application for a new operator/primary station license must 
be submitted to the VEs administering the qualifying examination.
    (d) Any eligible person may apply for a reciprocal permit for alien 
amateur licensee. The application document, FCC Form 610-A, must be 
submitted to the FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245.
    (1) The person must be a citizen of a country with which the United 
States has arrangements to grant reciprocal operating permits to 
visiting alien amateur operators is eligible to apply for a reciprocal 
permit for alien amateur licensee.

[[Page 585]]

    (2) The person must be a citizen of the same country that issued the 
amateur service license.
    (3) No person who is a citizen of the United States, regardless of 
any other citizenship also held, is eligible for a reciprocal permit for 
alien amateur licensee.
    (4) No person who has been granted an amateur operator license is 
eligible for a reciprocal permit for alien amateur licensee.
    (e) No person shall obtain or attempt to obtain, or assist another 
person to obtain or attempt to obtain, an amateur service license or 
reciprocal permit for alien amateur licensee by fraudulent means.
    (f) One unique call sign will be shown on the license of each new 
primary, club, and military recreation station. The call sign will be 
selected by the sequential call sign system.
    (g) Each application for a new club or military recreation station 
license must be submitted to the FCC, 1270 Fairfield Road, Gettysburg, 
PA 17325-7245. No new license for a RACES station will be issued.

[59 FR 54832, Nov. 2, 1994, as amended at 60 FR 7460, Feb. 8, 1995; 60 
FR 53132, Oct. 12, 1995]



Sec. 97.19  Application for a vanity call sign.

    (a) A person who has been granted an operator/primary station 
license or a license trustee who has been granted a club station license 
is eligible to make application for modification of the license, or the 
renewal thereof, to show a call sign selected by the vanity call sign 
system. RACES and military recreation stations are not eligible for a 
vanity call sign.
    (b) Each application for a modification of an operator/primary or 
club station license, or the renewal thereof, to show a call sign 
selected by the vanity call sign system must be made on FCC Form 610-V. 
The form must be submitted with the appropriate fee to the address 
specified in the Wireless Telecommunications Bureau Fee Filing Guide.
    (c) Only unassigned call signs that are available to the sequential 
call sign system are available to the vanity call sign system with the 
following exceptions:
    (1) A call sign shown on an expired license is not available to the 
vanity call sign system for 2 years following the expiration of the 
license.
    (2) A call sign shown on a surrendered, revoked, set aside, 
cancelled, or voided license is not available to the vanity call sign 
system for 2 years following the date such action is taken.
    (3) Except for an applicant who is the spouse, child, grandchild, 
stepchild, parent, grandparent, stepparent, brother, sister, 
stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law, and 
except for an applicant who is a club station license trustee acting 
with the written consent of at least one relative, as listed above, of a 
person now deceased, the call sign shown on the license of a person now 
deceased is not available to the vanity call sign system for 2 years 
following the person's death, or for 2 years following the expiration of 
the license, whichever is sooner.
    (d) The vanity call sign requested by an applicant must be selected 
from the group of call signs corresponding to the same or lower class of 
operator license held by the applicant as designated in the sequential 
call sign system.
    (1) The applicant must request that the call sign shown on the 
current license be vacated and provide a list of up to 25 call signs in 
order of preference.
    (2) The first assignable call sign from the applicant's list will be 
shown on the license grant. When none of those call signs are 
assignable, the call sign vacated by the applicant will be shown on the 
license grant.
    (3) Vanity call signs will be selected from those call signs 
assignable at the time the application is processed by the FCC.
    (4) A call sign designated under the sequential call sign system for 
Alaska, Hawaii, Caribbean Insular Areas, and Pacific Insular areas will 
be assigned only to a primary or club station whose licensee's mailing 
address is in the corresponding state, commonwealth, or island. This 
limitation does not apply to an applicant for the call sign as the 
spouse, child, grandchild,

[[Page 586]]

stepchild, parent, grandparent, stepparent, brother, sister, 
stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law, of the 
former holder now deceased.

[60 FR 7460, Feb. 8, 1995, as amended at 60 FR 50123, Sept. 28, 1995; 60 
FR 53132, Oct. 12, 1995]



Sec. 97.21  Application for a modified or renewed license.

    (a) A person who has been granted an amateur station license that 
has not expired:
    (1) Must apply for a modification of the license as necessary to 
show the correct mailing address, licensee name, club name, license 
trustee name, or license custodian name. The application document must 
be submitted to: FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245. 
For an operator/primary station license, the application must be made on 
FCC Form 610. For a club, military recreation, or RACES station license, 
the application must be made on FCC Form 610-B.
    (2) May apply for a modification of the license to show a higher 
operator class. The application must be made on FCC Form 610 and must be 
submitted to the VEs administering the qualifying examination.
    (3) May apply for renewal of the license for another term. (The FCC 
may mail to the licensee an FCC Form 610-R that may be used for this 
purpose.)
    (i) When the license does not show a call sign selected by the 
vanity call sign system, the application may be made on FCC Form 610-R 
if it is received from the FCC. If the Form 610-R is not received from 
the FCC within 30 days of the expiration date of the license for an 
operator/primary station license, the application may be made on FCC 
Form 610. For a club, military recreation, or RACES station license, the 
application may be made on FCC Form 610-B. The application may be 
submitted no more than 90 days before its expiration to: FCC, 1270 
Fairfield Road, Gettysburg, PA 17325-7245. When the application for 
renewal of the license has been received by the FCC at 1270 Fairfield 
Road, Gettysburg, PA 17325-7245 on or before the license expiration 
date, the license operating authority is continued until the final 
disposition of the application.
    (ii) When the license shows a call sign selected by the vanity call 
sign system, the application must be filed as specified in Section 
97.19(b). When the application has been received at the proper address 
specified in the Wireless Telecommunications Bureau Fee Filing Guide on 
or before the license expiration date, the license operating authority 
is continued until final disposition of the application.
    (4) May apply for a modification of the license to show a different 
call sign selected by the sequential call sign system. The application 
document must be submitted to: FCC, 1270 Fairfield Road, Gettysburg, PA 
17325-7245. The application must be made on FCC Form 610. This 
modification is not available to club, military recreation, or RACES 
stations.
    (b) A person who had been granted an amateur station license, but 
the license has expired, may apply for renewal of the license for 
another term during a 2 year filing grace period. The application 
document must be received by the FCC at 1270 Fairfield Road, Gettysburg, 
PA 17325-7245 prior to the end of the grace period. For an operator/
primary station license, the application must be made on FCC Form 610. 
For a club, military recreation, or RACES station license, the 
application must be made on FCC Form 610-B. Unless and until the license 
is renewed, no privileges in this part are conferred.
    (c) Each application for a modified or renewed amateur service 
license must be accompanied by a photocopy (or the original) of the 
license document unless an application for renewal using FCC Form 610-R 
is being made, or unless the original document has been lost, mutilated 
or destroyed.
    (d) Unless the holder of a station license requests a change in call 
sign, the same call sign will be assigned to the station upon renewal or 
modification of a station license.
    (e) A reciprocal permit for alien amateur licensee cannot be 
renewed. A new reciprocal permit for alien amateur licensee may be 
issued upon proper application.

[59 FR 54832, Nov. 2, 1994, as amended at 60 FR 7461, Feb. 8, 1995; 60 
FR 53133, Oct. 12, 1995; 61 FR 21386, May 10, 1996]

[[Page 587]]



Sec. 97.23  Mailing address.

    (a) Each application for a license and each application for a 
reciprocal permit for alien amateur licensee must show a mailing address 
in an area where the amateur service is regulated by the FCC and where 
the licensee or permittee can receive mail delivery by the United States 
Postal Service. Each application for a reciprocal permit for alien 
amateur licensee must also show the permittee's mailing address in the 
country of citizenship.
    (b) When there is a change in the mailing address for a person who 
has been granted an amateur operator/primary station license, the person 
must file a timely application for a modification of the license. 
Revocation of the station license or suspension of the operator license 
may result when correspondence from the FCC is returned as undeliverable 
because the person failed to provide the correct mailing address.
    (c) When a person who has been granted a reciprocal permit for alien 
amateur licensee changes the mailing address where he or she can receive 
mail delivery by the United States Postal Service, the person must file 
an application for a new permit. Cancellation of the reciprocal permit 
for alien amateur licensee may result when correspondence from the FCC 
is returned as undeliverable because the permittee failed to provide the 
correct mailing address.

[59 FR 54833, Nov. 2, 1994]



Sec. 97.25  License term.

    (a) An amateur service license is normally granted for a 10-year 
term.
    (b) A reciprocal permit for alien amateur licensee is normally 
granted for a 1-year term.

[59 FR 54833, Nov. 2, 1994]



Sec. 97.27  FCC modification of station license.

    (a) The FCC may modify a station license, either for a limited time 
or for the duration of the term thereof, if it determines:
    (1) That such action will promote the public interest, convenience, 
and necessity; or
    (2) That such action will promote fuller compliance with the 
provisions of the Communications Act of 1934, as amended, or of any 
treaty ratified by the United States.
    (b) When the FCC makes such a determination, it will issue an order 
of modification. The order will not become final until the licensee is 
notified in writing of the proposed action and the grounds and reasons 
therefor. The licensee will be given reasonable opportunity of no less 
than 30 days to protest the modification; except that, where safety of 
life or property is involved, a shorter period of notice may be 
provided. Any protest by a licensee of an FCC order of modification will 
be handled in accordance with the provisions of 47 U.S.C. 316.

[59 FR 54833, Nov. 2, 1994]



Sec. 97.29  Replacement license document.

    Each person who has been granted an amateur station license or 
reciprocal permit for alien amateur licensee whose original license 
document or permit document is lost, mutilated or destroyed must request 
a replacement. The request must be made to: FCC, 1270 Fairfield Road, 
Gettysburg, PA 17325-7245. A statement of how the document was lost, 
mutilated, or destroyed must be attached to the request. A replacement 
document must bear the same expiration date as the document that it 
replaces.

[59 FR 54833, Nov. 2, 1994]



                 Subpart B--Station Operation Standards



Sec. 97.101  General standards.

    (a) In all respects not specifically covered by FCC Rules each 
amateur station must be operated in accordance with good engineering and 
good amateur practice.
    (b) Each station licensee and each control operator must cooperate 
in selecting transmitting channels and in making the most effective use 
of the amateur service frequencies. No frequency will be assigned for 
the exclusive use of any station.
    (c) At all times and on all frequencies, each control operator must 
give priority to stations providing

[[Page 588]]

emergency communications, except to stations transmitting communications 
for training drills and tests in RACES.
    (d) No amateur operator shall willfully or maliciously interfere 
with or cause interference to any radio communication or signal.



Sec. 97.103  Station licensee responsibilities.

    (a) The station licensee is responsible for the proper operation of 
the station in accordance with the FCC Rules. When the control operator 
is a different amateur operator than the station licensee, both persons 
are equally responsible for proper operation of the station.
    (b) The station licensee must designate the station control 
operator. The FCC will presume that the station licensee is also the 
control operator, unless documentation to the contrary is in the station 
records.
    (c) The station licensee must make the station and the station 
records available for inspection upon request by an FCC representative. 
When deemed necessary by an EIC to assure compliance with the FCC Rules, 
the station licensee must maintain a record of station operations 
containing such items of information as the EIC may require in accord 
with Sec. 0.314(x) of the FCC Rules.



Sec. 97.105  Control operator duties.

    (a) The control operator must ensure the immediate proper operation 
of the station, regardless of the type of control.
    (b) A station may only be operated in the manner and to the extent 
permitted by the privileges authorized for the class of operator license 
held by the control operator.



Sec. 97.107  Alien control operator privileges.

    (a) The privileges available to a control operator holding an 
amateur service license issued by the Government of Canada are:
    (1) The terms of the Convention Between the United States and Canada 
(TIAS No. 2508) Relating to the Operation by Citizens of Either Country 
of Certain Radio Equipment or Stations in the Other Country;
    (2) The operating terms and conditions of the amateur service 
license issued by the Government of Canada; and
    (3) The applicable provisions of the FCC Rules, but not to exceed 
the control operator privileges of an FCC-issued Amateur Extra Class 
operator license.
    (b) The privileges available to a control operator holding an FCC-
issued reciprocal permit for alien amateur licensee are:
    (1) The terms of the agreement between the alien's government and 
the United States;
    (2) The operating terms and conditions of the amateur service 
license issued by the alien's government;
    (3) The applicable provisions of the FCC Rules, but not to exceed 
the control operator privileges of an FCC-issued Amateur Extra Class 
operator license; and
    (4) None, if the holder of the reciprocal permit has obtained an 
FCC-issued operator/primary station license.
    (c) At any time the FCC may, in its discretion, modify, suspend, or 
cancel the amateur service privileges within or over any area where 
radio services are regulated by the FCC of any Canadian amateur service 
licensee or alien reciprocal permittee.



Sec. 97.109  Station control.

    (a) Each amateur station must have at least one control point.
    (b) When a station is being locally controlled, the control operator 
must be at the control point. Any station may be locally controlled.
    (c) When a station is being remotely controlled, the control 
operator must be at the control point. Any station may be remotely 
controlled.
    (d) When a station is being automatically controlled, the control 
operator need not be at the control point. Only stations specifically 
designated elsewhere in this part may be automatically controlled. 
Automatic control must cease upon notification by an EIC that the 
station is transmitting improperly or causing harmful interference to 
other stations. Automatic control must not be resumed without prior 
approval of the EIC.

[[Page 589]]

    (e) No station may be automatically controlled while transmitting 
third party communications, except a station transmitting a RTTY or data 
emission. All messages that are retransmitted must originate at a 
station that is being locally or remotely controlled.

[54 FR 39535, Sept. 27, 1989, as amended at 60 FR 26001, May 16, 1995]



Sec. 97.111  Authorized transmissions.

    (a) An amateur station may transmit the following types of two-way 
communications:
    (1) Transmissions necessary to exchange messages with other stations 
in the amateur service, except those in any country whose administration 
has given notice that it objects to such communications. The FCC will 
issue public notices of current arrangements for international 
communications;
    (2) Transmissions necessary to exchange messages with a station in 
another FCC-regulated service while providing emergency communications;
    (3) Transmissions necessary to exchange messages with a United 
States government station, necessary to providing communications in 
RACES; and
    (4) Transmissions necessary to exchange messages with a station in a 
service not regulated by the FCC, but authorized by the FCC to 
communicate with amateur stations. An amateur station may exchange 
messages with a participating United States military station during an 
Armed Forces Day Communications Test.
    (b) In addition to one-way transmissions specifically authorized 
elsewhere in this part, an amateur station may transmit the following 
types of one-way communications:
    (1) Brief transmissions necessary to make adjustments to the 
station;
    (2) Brief transmissions necessary to establishing two-way 
communications with other stations;
    (3) Telecommand;
    (4) Transmissions necessary to providing emergency communications;
    (5) Transmissions necessary to assisting persons learning, or 
improving proficiency in, the international Morse code; and
    (6) Transmissions necessary to disseminate information bulletins.
    (7) Transmissions of telemetry.

[54 FR 25857, June 20, 1989, as amended at 56 FR 56171, Nov. 1, 1991]



Sec. 97.113  Prohibited transmissions.

    (a) No amateur station shall transmit:
    (1) Communications specifically prohibited elsewhere in this part;
    (2) Communications for hire or for material compensation, direct or 
indirect, paid or promised, except as otherwise provided in these rules;
    (3) Communications in which the station licensee or control operator 
has a pecuniary interest, including communications on behalf of an 
employer. Amateur operators may, however, notify other amateur operators 
of the availability for sale or trade of apparatus normally used in an 
amateur station, provided that such activity is not conducted on a 
regular basis;
    (4) Music using a phone emission except as specifically provided 
elsewhere in this section; communications intended to facilitate a 
criminal act; messages in codes or ciphers intended to obscure the 
meaning thereof, except as otherwise provided herein; obscene or 
indecent words or language; or false or deceptive messages, signals or 
identification;
    (5) Communications, on a regular basis, which could reasonably be 
furnished alternatively through other radio services.
    (b) An amateur station shall not engage in any form of broadcasting, 
nor may an amateur station transmit one-way communications except as 
specifically provided in these rules; nor shall an amateur station 
engage in any activity related to program production or news gathering 
for broadcasting purposes, except that communications directly related 
to the immediate safety of human life or the protection of property may 
be provided by amateur stations to broadcasters for dissemination to the 
public where no other means of communication is reasonably available 
before or at the time of the event.
    (c) A control operator may accept compensation as an incident of a 
teaching position during periods of time when an amateur station is used 
by that teacher as a part of classroom instruction at an educational 
institution.

[[Page 590]]

    (d) The control operator of a club station may accept compensation 
for the periods of time when the station is transmitting telegraphy 
practice or information bulletins, provided that the station transmits 
such telegraphy practice and bulletins for at least 40 hours per week; 
schedules operations on at least six amateur service MF and HF bands 
using reasonable measures to maximize coverage; where the schedule of 
normal operating times and frequencies is published at least 30 days in 
advance of the actual transmissions; and where the control operator does 
not accept any direct or indirect compensation for any other service as 
a control operator.
    (e) No station shall retransmit programs or signals emanating from 
any type of radio station other than an amateur station, except 
propagation and weather forecast information intended for use by the 
general public and originated from United States Government stations and 
communications, including incidental music, originating on United States 
Government frequencies between a space shuttle and its associated Earth 
stations. Prior approval for shuttle retransmissions must be obtained 
from the National Aeronautics and Space Administration. Such 
retransmissions must be for the exclusive use of amateur operators. 
Propagation, weather forecasts, and shuttle retransmissions may not be 
conducted on a regular basis, but only occasionally, as an incident of 
normal amateur radio communications.
    (f) No amateur station, except an auxiliary, repeater, or space 
station, may automatically retransmit the radio signals of other amateur 
station.

[58 FR 43072, Aug. 13, 1993; 58 FR 47219, Sept. 8, 1993]



Sec. 97.115  Third party communications.

    (a) An amateur station may transmit messages for a third party to:
    (1) Any station within the jurisdiction of the United States.
    (2) Any station within the jurisdiction of any foreign government 
whose administration has made arrangements with the United States to 
allow amateur stations to be used for transmitting international 
communications on behalf of third parties. No station shall transmit 
messages for a third party to any station within the jurisdiction of any 
foreign government whose administration has not made such an 
arrangement. This prohibition does not apply to a message for any third 
party who is eligible to be a control operator of the station.
    (b) The third party may participate in stating the message where:
    (1) The control operator is present at the control point and is 
continuously monitoring and supervising the third party's participation; 
and
    (2) The third party is not a prior amateur service licensee whose 
license was revoked; suspended for less than the balance of the license 
term and the suspension is still in effect; suspended for the balance of 
the license term and relicensing has not taken place; or surrendered for 
cancellation following notice of revocation, suspension or monetary 
forfeiture proceedings. The third party may not be the subject of a 
cease and desist order which relates to amateur service operation and 
which is still in effect.
    (c) At the end of an exchange of international third party 
communications, the station must also transmit in the station 
identification procedure the call sign of the station with which a third 
party message was exchanged.

[54 FR 25857, June 20, 1989; 54 FR 39535, Sept. 27, 1989]



Sec. 97.117  International communications.

    Transmissions to a different country, where permitted, shall be made 
in plain language and shall be limited to messages of a technical nature 
relating to tests, and, to remarks of a personal character for which, by 
reason of their unimportance, recourse to the public telecommunications 
service is not justified.



Sec. 97.119  Station identification.

    (a) Each amateur station, except a space station or telecommand 
station, must transmit its assigned call sign on its transmitting 
channel at the end of each communication, and at least every 10 minutes 
during a communication, for the purpose of clearly making the source of 
the transmissions from the station known to those receiving

[[Page 591]]

the transmissions. No station may transmit unidentified communications 
or signals, or transmit as the station call sign, any call sign not 
authorized to the station.
    (b) The call sign must be transmitted with an emission authorized 
for the transmitting channel in one of the following ways:
    (1) By a CW emission. When keyed by an automatic device used only 
for identification, the speed must not exceed 20 words per minute;
    (2) By a phone emission in the English language. Use of a phonetic 
alphabet as an aid for correct station identification is encouraged;
    (3) By a RTTY emission using a specified digital code when all or 
part of the communications are transmitted by a RTTY or data emission;
    (4) By an image emission conforming to the applicable transmission 
standards, either color or monochrome, of Sec. 73.682(a) of the FCC 
Rules when all or part of the communications are transmitted in the same 
image emission; or
    (5) By a CW or phone emission during SS emission transmission on a 
narrow bandwidth frequency segment. Alternatively, by the changing of 
one or more parameters of the emission so that a conventional CW or 
phone emission receiver can be used to determine the station call sign.
    (c) One or more indicators may be included with the call sign. Each 
indicator must be separated from the call sign by the slant mark (/) or 
by any suitable word that denotes the slant mark. If an indicator is 
self-assigned, it must be included before, after, or both before and 
after, the call sign. No self-assigned indicator may conflict with any 
other indicator specified by the FCC Rules or with any prefix assigned 
to another country.
    (d) When transmitting in conjunction with an event of special 
significance, a station may substitute for its assigned call sign a 
special event call sign as shown for that station for that period of 
time on the common data base coordinated, maintained and disseminated by 
the special event call sign data base coordinators. Additionally, the 
station must transmit its assigned call sign at least once per hour 
during such transmissions.
    (e) When the operator license class held by the control operator 
exceeds that of the station licensee, an indicator consisting of the 
call sign assigned to the control operator's station must be included 
after the call sign.
    (f) When the control operator is a person who is exercising the 
rights and privileges authorized by Sec. 97.9(b) of this part, an 
indicator must be included after the call sign as follows:
    (1) For a control operator who has requested a license modification 
from Novice Class to Technical Class: KT;
    (2) For a control operator who has requested a license modification 
from Novice or Technical Class to General Class: AG;
    (3) For a control operator who has requested a license modification 
from Novice, Technician, or General Class operator to Advanced Class: 
AA; or
    (4) For a control operator who has requested a license modification 
from Novice, Technician, General, or Advanced Class operator to Amateur 
Extra Class: AE.
    (g) When the station is transmitting under the authority of a 
reciprocal permit for alien amateur licensee, an indicator consisting of 
the appropriate letter-numeral designating the station location must be 
included before the call sign issued to the station by the licensing 
country. When the station is transmitting under the authority of an 
amateur service license issued by the Government of Canada, a station 
location indicator must be included after the call sign. At least once 
during each intercommunication, the identification announcement must 
include the geographical location as nearly as possible by city and 
state, commonwealth or possession.

[54 FR 25857, June 20, 1989, as amended at 54 FR 39535, Sept. 27, 1989; 
55 FR 30457, July 26, 1990; 56 FR 28, Jan. 2, 1991; 62 FR 17567, Apr. 
10, 1997]



Sec. 97.121  Restricted operation.

    (a) If the operation of an amateur station causes general 
interference to the reception of transmissions from stations operating 
in the domestic broadcast service when receivers of good engineering 
design, including adequate selectivity characteristics, are used to 
receive such transmissions, and

[[Page 592]]

this fact is made known to the amateur station licensee, the amateur 
station shall not be operated during the hours from 8 p.m. to 10:30 
p.m., local time, and on Sunday for the additional period from 10:30 
a.m. until 1 p.m., local time, upon the frequency or frequencies used 
when the interference is created.
    (b) In general, such steps as may be necessary to minimize 
interference to stations operating in other services may be required 
after investigation by the FCC.



                      Subpart C--Special Operations



Sec. 97.201  Auxiliary station.

    (a) Any amateur station licensed to a holder of a Technician, 
General, Advanced or Amateur Extra Class operator license may be an 
auxiliary station. A holder of a Technician, General, Advanced or 
Amateur Extra Class operator license may be the control operator of an 
auxiliary station, subject to the privileges of the class of operator 
license held.
    (b) An auxiliary station may transmit only on the 1.25 m and shorter 
wavelength bands, except the 219-220 MHz, 222.000-222.150 MHz, 431-433 
MHz, and 435-438 MHz segments.
    (c) Where an auxiliary station causes harmful interference to 
another auxiliary station, the licensees are equally and fully 
responsible for resolving the interference unless one station's 
operation is recommended by a frequency coordinator and the other 
station's is not. In that case, the licensee of the non-coordinated 
auxiliary station has primary responsibilty to resolve the interference.
    (d) An auxiliary station may be automatically controlled.
    (e) An auxiliary station may transmit one-way communications.

[54 FR 25857, June 20, 1989, as amended at 56 FR 56171, Nov. 1, 1991; 60 
FR 15687, Mar. 27, 1995]



Sec. 97.203  Beacon station.

    (a) Any amateur station licensed to a holder of a Technician, 
General, Advanced or Amateur Extra Class operator license may be a 
beacon. A holder of a Technician, General, Advanced or Amateur Extra 
Class operator license may be the control operator of a beacon, subject 
to the privileges of the class of operator license held.
    (b) A beacon must not concurrently transmit on more than 1 channel 
in the same amateur service frequency band, from the same station 
location.
    (c) The transmitter power of a beacon must not exceed 100 W.
    (d) A beacon may be automatically controlled while it is 
transmitting on the 28.20-28.30 MHz, 50.06-50.08 MHz, 144.275-144.300 
MHz, 222.05-222.06 MHz or 432.300-432.400 MHz segments, or on the 33 cm 
and shorter wavelength bands.
    (e) Before establishing an automatically controlled beacon in the 
National Radio Quiet Zone or before changing the transmitting frequency, 
transmitter power, antenna height or directivity, the station licensee 
must give written notification thereof to the Interference Office, 
National Radio Astronomy Observatory, P.O. Box 2, Green Bank, WV 24944.
    (1) The notification must include the geographical coordinates of 
the antenna, antenna ground elevation above mean sea level (AMSL), 
antenna center of radiation above ground level (AGL), antenna 
directivity, proposed frequency, type of emission, and transmitter 
power.
    (2) If an objection to the proposed operation is received by the FCC 
from the National Radio Astronomy Observatory at Green Bank, Pocahontas 
County, WV, for itself or on behalf of the Naval Research Laboratory at 
Sugar Grove, Pendleton County, WV, within 20 days from the date of 
notification, the FCC will consider all aspects of the problem and take 
whatever action is deemed appropriate.
    (f) A beacon must cease transmissions upon notification by an EIC 
that the station is operating improperly or causing undue interference 
to other operations. The beacon may not resume transmitting without 
prior approval of the EIC.
    (g) A beacon may transmit one-way communications.
    (h) The provisions of this paragraph do not apply to repeaters that 
transmit on the 1.2 cm or shorter wavelength bands. Before establishing 
a repeater within 16 km (10 miles) of the Arecibo Observatory or before 
changing the

[[Page 593]]

transmitting frequency, transmitter power, antenna height or directivity 
of an existing repeater, the station licensee must give notification 
thereof at least 20 days in advance of planned operation to the 
Interference Office, Arecibo Observatory, Post Office Box 995, Arecibo, 
Puerto Rico 00613, in writing or electronically, of the technical 
parameters of the proposal. Licensees who choose to transmit information 
electronically should e-mail to: [email protected]
    (1) The notification shall state the geographical coordinates of the 
antenna (NAD-83 datum), antenna height above mean sea level (AMSL), 
antenna center of radiation above ground level (AGL), antenna 
directivity and gain, proposed frequency and FCC Rule Part, type of 
emission, effective radiated power, and whether the proposed use is 
itinerant. Licensees may wish to consult interference guidelines 
provided by Cornell University.
    (2) If an objection to the proposed operation is received by the FCC 
from the Arecibo Observatory, Arecibo, Puerto Rico, within 20 days from 
the date of notification, the FCC will consider all aspects of the 
problem and take whatever action is deemed appropriate. The licensee 
will be required to make reasonable efforts in order to resolve or 
mitigate any potential interference problem with the Arecibo 
Observatory.

[54 FR 25857, June 20, 1989, as amended at 55 FR 9323, Mar. 13, 1990; 56 
FR 19610, Apr. 29, 1991; 56 FR 32517, July 17, 1991; 62 FR 55536, Oct. 
27, 1997; 63 FR 41204, Aug. 3, 1998]



Sec. 97.205  Repeater station.

    (a) Any amateur station licensed to a holder of a Technician, 
General, Advanced or Amateur Extra Class operator license may be a 
repeater. A holder of a Technician, General, Advanced or Amateur Extra 
Class operator license may be the control operator of a repeater, 
subject to the privileges of the class of operator license held.
    (b) A repeater may receive and retransmit only on the 10 m and 
shorter wavelength frequency bands except the 28.0-29.5 MHz, 50.0-51.0 
MHz, 144.0-144.5 MHz, 145.5-146.0 MHz, 222.00-222.15 MHz, 431.0-433.0 
Mhz, and 435.0-438.0 Mhz segments.
    (c) Where the transmissions of a repeater cause harmful interference 
to another repeater, the two station licensees are equally and fully 
responsible for resolving the interference unless the operation of one 
station is recommended by a frequency coordinator and the operation of 
the other station is not. In that case, the licensee of the non-
coordinated repeater has primary responsibility to resolve the 
interference.
    (d) A repeater may be automatically controlled.
    (e) Ancillary functions of a repeater that are available to users on 
the input channel are not considered remotely controlled functions of 
the station. Limiting the use of a repeater to only certain user 
stations is permissible.
    (f) Before establishing a repeater in the National Radio Quiet Zone 
or before changing the transmitting frequency, tramsitter power, antenna 
height or directivity, or the location of an existing repeater, the 
station licensee must give written notification thereof to the 
Interference Office, National Radio Astronomy Observatory, P.O. Box 2, 
Green Bank, WV 24944.
    (1) The notification must include the geographical coordinates of 
the station antenna, antenna ground elevation above mean sea level 
(AMSL), antenna center of radiation above ground level (AGL), antenna 
directivity, proposed frequency, type of emission, and transmitter 
power.
    (2) If an objection to the proposed operation is received by the FCC 
from the National Radio Astronomy Observatory at Green Bank, Pocahontas 
County, WV, for itself or on behalf of the Naval Research Laboratory at 
Sugar Grove, Pendleton County, WV, within 20 days from the date of 
notification, the FCC will consider all aspects of the problem and take 
whatever action is deemed appropriate.
    (g) The control operator of a repeater that retransmits 
inadvertently communications that violate the rules in this part is not 
accountable for the violative communications.
    (h) The provisions of this paragraph do not apply to repeaters that 
transmit on the 1.2 cm or shorter wavelength bands. Before establishing 
a repeater within 16 km (10 miles) of the Arecibo

[[Page 594]]

Observatory or before changing the transmitting frequency, transmitter 
power, antenna height or directivity of an existing repeater, the 
station licensee must give notification thereof at least 20 days in 
advance of planned operation to the Interference Office, Arecibo 
Observatory, Post Office Box 995, Arecibo, Puerto Rico 00613, in writing 
or electronically, of the technical parameters of the proposal. 
Licensees who choose to transmit information electronically should e-
mail to: [email protected]
    (1) The notification shall state the geographical coordinates of the 
antenna (NAD-83 datum), antenna height above mean sea level (AMSL), 
antenna center of radiation above ground level (AGL), antenna 
directivity and gain, proposed frequency and FCC Rule Part, type of 
emission, effective radiated power, and whether the proposed use is 
itinerant. Licensees may wish to consult interference guidelines 
provided by Cornell University.
    (2) If an objection to the proposed operation is received by the FCC 
from the Arecibo Observatory, Arecibo, Puerto Rico, within 20 days from 
the date of notification, the FCC will consider all aspects of the 
problem and take whatever action is deemed appropriate. The licensee 
will be required to make reasonable efforts in order to resolve or 
mitigate any potential interference problem with the Arecibo 
Observatory.

[54 FR 25857, June 20, 1989, as amended at 55 FR 4613, Feb. 9, 1990; 56 
FR 32517, July 17, 1991; 58 FR 64385, Dec. 7, 1993; 59 FR 18975, Apr. 
21, 1994; 62 FR 55536, Oct. 27, 1997; 63 FR 41205, Aug. 3, 1998]



Sec. 97.207  Space station.

    (a) Any amateur station may be a space station. A holder of any 
class operator license may be the control operator of a space station, 
subject to the privileges of the class of operator license held by the 
control operator.
    (b) A space station must be capable of effecting a cessation of 
transmissions by telecommand whenever such cessation is ordered by the 
FCC.
    (c) The following frequency bands and segments are authorized to 
space stations:
    (1) The 17 m, 15 m, 12 m, and 10 m bands, 6 mm, 4 mm, 2 mm and 1 mm 
bands; and
    (2) The 7.0-7.1 MHz, 14.00-14.25 MHz, 144-146 MHz, 435-438 MHz, 
1260-1270 MHz, and 2400-2450 MHz, 3.40-3.41 GHz, 5.83-5.85 GHz, 10.45-
10.50 GHz, and 24.00-24.05 GHz segments.
    (d) A space station may automatically retransmit the radio signals 
of Earth stations and other space stations.
    (e) A space station may transmit one-way communications.
    (f) Space telemetry transmissions may consist of specially coded 
messages intended to facilitate communications or related to the 
function of the spacecraft.
    (g) The licensee of each space station must give two written, pre-
space station notifications to the Wireless Telecommunications Bureau, 
FCC, Washington, DC 20554. Each notification must be in accord with the 
provisions of Articles 11 and 13 of the Radio Regulations.
    (1) The first notification is required no less than 27 months prior 
to initiating space station transmissions and must specify the 
information required by Appendix 4 and Resolution No. 642 of the Radio 
Regulations.
    (2) The second notification is required no less than 5 months prior 
to initiating space station transmissions and must specify the 
information required by Appendix 3 and Resolution No. 642 of the Radio 
Regulations.
    (h) The licensee of each space station must give a written, in-space 
station notification to the Wireless Telecommunications Bureau, FCC, 
Washington, DC 20554, no later than 7 days following imitation of space 
station transmissions. The notification must update the information 
contained in the pre-space notification.
    (i) The licensee of each space station must give a written, post-
space notification to the Wireless Telecommuncations Bureau, FCC, 
Washington, DC 20554, no later than 3 months after termination of the 
space

[[Page 595]]

station transmissions. When the termination is ordered by the FCC, 
notification is required no later than 24 hours after termination.

[54 FR 25857, June 20, 1989, as amended at 54 FR 39535, Sept. 27, 1989; 
56 FR 56171, Nov. 1, 1991; 57 FR 32736, July 23, 1992; 60 FR 50124, 
Sept. 28, 1995]



Sec. 97.209  Earth station.

    (a) Any amateur station may be an Earth station. A holder of any 
class operator license may be the control operator of an Earth station, 
subject to the privileges of the class of operator license held by the 
control operator.
    (b) The following frequency bands and segments are authorized to 
Earth stations:
    (1) The 17 m, 15 m, 12 m, and 10 m bands, 6 mm, 4 mm, 2 mm and 1 mm 
bands; and
    (2) The 7.0-7.1 MHz, 14.00-14.25 MHz, 144-146 MHz, 435-438 MHz, 
1260-1270 MHz and 2400-2450 MHz, 3.40-3.41 GHz, 5.65-5.67 GHz, 10.45-
10.50 GHz and 24.00-24.05 GHz segments.

[54 FR 25857, June 20, 1989, as amended at 54 FR 39535, Sept. 27, 1989]



Sec. 97.211  Space telecommand station.

    (a) Any amateur station designated by the licensee of a space 
station is eligible to transmit as a telecommand station for that space 
station, subject to the privileges of the class of operator license held 
by the control operator.
    (b) A telecommand station may transmit special codes intended to 
obscure the meaning of telecommand messages to the station in space 
operation.
    (c) The following frequency bands and segments are authorized to 
telecommand stations:
    (1) The 17 m, 15 m, 12 m and 10 m bands, 6 mm, 4 mm, 2 mm and 1 mm 
bands; and
    (2) The 7.0-7.1 MHz, 14.00-14.25 MHz, 144-146 MHz, 435-438 MHz, 
1260-1270 MHz and 2400-2450 MHz, 3.40-3.41 GHz, 5.65-5.67 GHz, 10.45-
10.50 GHz and 24.00-24.05 GHz segments.
    (d) A telecommand station may transmit one-way communications.

[54 FR 25857, June 20, 1989, as amended at 54 FR 39535, Sept. 27, 1989; 
56 FR 56171, Nov. 1, 1991]



Sec. 97.213  Telecommand of an amateur station.

    An amateur station on or within 50 km of the Earth's surface may be 
under telecommand where:
    (a) There is a radio or wireline control link between the control 
point and the station sufficient for the control operator to perform 
his/her duties. If radio, the control link must use an auxiliary 
station. A control link using a fiber optic cable or another 
telecommunication service is considered wireline.
    (b) Provisions are incorporated to limit transmission by the station 
to a period of no more than 3 minutes in the event of malfunction in the 
control link.
    (c) The station is protected against making, willfully or 
negligently, unauthorized transmissions.
    (d) A photocopy of the station license and a label with the name, 
address, and telephone number of the station licensee and at least one 
designated control operator is posted in a conspicuous place at the 
station location.

[54 FR 25857, June 20, 1989, as amended at 56 FR 56171, Nov. 1, 1991]



Sec. 97.215  Telecommand of model craft.

    An amateur station transmitting signals to control a model craft may 
be operated as follows:
    (a) The station identification procedure is not required for 
transmissions directed only to the model craft, provided that a label 
indicating the station call sign and the station licensee's name and 
address is affixed to the station transmitter.
    (b) The control signals are not considered codes or ciphers intended 
to obscure the meaning of the communication.
    (c) The transmitter power must not exceed 1 W.

[54 FR 25857, June 20, 1989, as amended at 56 FR 56171, Nov. 1, 1991]

[[Page 596]]



Sec. 97.217  Telemetry.

    Telemetry transmitted by an amateur station on or within 50 km of 
the Earth's surface is not considered to be codes or ciphers intended to 
obscure the meaning of communications.

[56 FR 56172, Nov. 1, 1991. Redesignated at 59 FR 18975, Apr. 21, 1994]



Sec. 97.219  Message forwarding system.

    (a) Any amateur station may participate in a message forwarding 
system, subject to the privileges of the class of operator license held.
    (b) For stations participating in a message forwarding system, the 
control operator of the station originating a message is primarily 
accountable for any violation of the rules in this part contained in the 
message.
    (c) Except as noted in (d) of this section, for stations 
participating in a message forwarding system, the control operators of 
forwarding stations that retransmit inadvertently communications that 
violate the rules in this part are not accountable for the violative 
communications. They are, however, responsible for discontinuing such 
communications once they become aware of their presence.
    (d) For stations participating in a message forwarding system, the 
control operator of the first forwarding station must:
    (1) Authenticate the identity of the station from which it accepts 
communications on behalf of the system; or
    (2) Accept accountability for any violation of the rules in this 
part contained in messages it retransmits to the system.

[59 FR 18975, Apr. 21, 1994]



Sec. 97.221  Automatically controlled digital station.

    (a) This rule section does not apply to an auxiliary station, a 
beacon station, a repeater station, an earth station, a space station, 
or a space telecommand station.
    (b) A station may be automatically controlled while transmitting a 
RTTY or data emission on the 6 m or shorter wavelength bands, and on the 
28.120-28.189 MHz, 24.925-24.930 MHz, 21.090-21.100 MHz, 18.105-18.110 
MHz, 14.0950-14.0995 MHz, 14.1005-14.112 MHz, 10.140-10.150 MHz, 7.100-
7.105 MHz, or 3.620-3.635 MHz segments.
    (c) A station may be automatically controlled while transmitting a 
RTTY or data emission on any other frequency authorized for such 
emission types provided that:
    (1) The station is responding to interrogation by a station under 
local or remote control; and
    (2) No transmission from the automatically controlled station 
occupies a bandwidth of more than 500 Hz.

[60 FR 26001, May 16, 1995]



                     Subpart D--Technical Standards



Sec. 97.301  Authorized frequency bands.

    The following transmitting frequency bands are available to an 
amateur station located within 50 km of the Earth's surface, within the 
specified ITU Region, and outside any area where the amateur service is 
regulated by any authority other than the FCC.
    (a) For a station having a control operator who has been granted an 
operator license of Technician, Technician Plus, General, Advanced, or 
Amateur Extra Class:


----------------------------------------------------------------------------------------------------------------
                                                                                                    Sharing
                                                                                               requirements see
         Wavelength band             ITU--Region 1       ITU--Region 2       ITU--Region 3       Sec.  97.303
                                                                                                  (Paragraph)
----------------------------------------------------------------------------------------------------------------
               VHF                        MHz                 MHz                 MHz         ..................
 
----------------------------------------------------------------------------------------------------------------
6 m.............................  ..................  50-54.............  50-54.............  (a)
2 m.............................  144-146...........  144-148...........  144-148...........  (a)
1.25 m..........................  ..................  219-220...........  ..................  (a), (e)
Do..............................  ..................  222-225...........  ..................  (a)
 
----------------------------------------------------------------------------------------------------------------
               UHF                        MHz                 MHz                 MHz         ..................
 
----------------------------------------------------------------------------------------------------------------
70 cm...........................  430-440...........  420-450...........  420-450...........  (a), (b), (f).
33 cm...........................  ..................  902-928...........  ..................  (a), (b), (g).
23 cm...........................  1240-1300.........  1240-1300.........  124-1300..........  (j).

[[Page 597]]

 
13 cm...........................  2300-2310.........  2300-2310.........  2300-2310.........  (a), (b), (j).
      do........................  2390-2450.........  2390-2450.........  2390-2450.........  (a), (b), (j).
 
----------------------------------------------------------------------------------------------------------------
               SHF                        GHz                 GHz                 GHz         ..................
 
----------------------------------------------------------------------------------------------------------------
9 cm............................  ..................  3.3-3.5...........  3.3-.5............  (a), (b), (k),
                                                                                               (l).
5 cm............................  5.650-5.850.......  5.650-5.925.......  5.650-5.850.......  (a), (b), (m).
3 cm............................  10.00-10.50.......  10.00-10.50.......  10.00-10.50.......  (a), (c), (i),
                                                                                               (n).
1.2 cm..........................  24.00-24.25.......  24.00-24.25.......  24.00-24.25.......  (a), (b), (i),
                                                                                               (o).
 
----------------------------------------------------------------------------------------------------------------
               EHF                        GHz                 GHz                 GHz
 
----------------------------------------------------------------------------------------------------------------
6 mm............................  47.0-47.2.........  47.0-47.2.........  47.0-47.2.........
4 mm............................  75.5-81.0.........  75.5-81.0.........  75.5-81.0.........  (b), (c), (h),
                                                                                               (r).
2.5 mm..........................  119.98-120.02.....  119.98-120.02.....  119.98-120.02.....  (k), (p).
2 mm............................  142-149...........  142-149...........  142-149...........  (b), (c), (h),
                                                                                               (k).
1 mm............................  241-250...........  241-250...........  241-250...........  (b), (c), (h),
                                                                                               (q).
                                  above 300.........  above 300.........  above 300.........  (k).
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                                                    Sharing
                                                                                               requirements. See
         Wavelength band             ITU--Region 1       ITU--Region 2       ITU--Region 3       Sec.  97.303
                                                                                                  (Paragraph)
----------------------------------------------------------------------------------------------------------------
               MF                         kHz                 kHz                 kHz
 
----------------------------------------------------------------------------------------------------------------
160 m...........................  1810-1850.........  1800-2000.........  1800-2000.........  (a), (b), (c).
 
----------------------------------------------------------------------------------------------------------------
               HF                         MHz                 MHz                 MHz
 
----------------------------------------------------------------------------------------------------------------
80 m............................  3.50-3.75.........  3.50-3.75.........  3.50-3.75.........  (a).
75 m............................  3.75-3.80.........  3.75-4.00.........  3.75-3.90.........  (a).
40 m............................  7.0-7.1...........  7.0-7.3...........  7.0-7.1...........  (a).
30 m............................  10.10-10.15.......  10.10-10.15.......  10.10-10.15.......  (d).
20 m............................  14.00-14.35.......  14.00-14.35.......  14.00-14.35.......  ..................
17 m............................  18.068-18.168.....  18.068-18.168.....  18.068-18.168.....  ..................
15 m............................  21.00-21.45.......  21.00-21.45.......  21.00-21.45.......  ..................
12 m............................  24.89-24.99.......  24.89-24.99.......  24.89-24.99.......  ..................
10 m............................  28.0-29.7.........  28.0-29.7.........  28.0-29.7.........  ..................
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                                                    Sharing
                                                                                               requirements See
         Wavelength band             ITU--Region 1       ITU--Region 2       ITU--Region 3       Sec.  97.303,
                                                                                                  (Paragraph)
----------------------------------------------------------------------------------------------------------------
               MF                         kHz                 kHz                 kHz
 
----------------------------------------------------------------------------------------------------------------
160 m...........................  1810-1850.........  1800-2000.........  1800-2000.........  (a), (b), (c).
 
----------------------------------------------------------------------------------------------------------------
               HF                         MHz                 MHz                 MHz
 
----------------------------------------------------------------------------------------------------------------
80 m............................  3.525-3.750.......  3.525-3.750.......  3.525-3.750.......  (a).
75 m............................  3.775-3.800.......  3.775-4.000.......  3.775-3.900.......  (a).
40 m............................  7.025-7.100.......  7.025-7.300.......  7.025-7.100.......  (a).
30 m............................  10.10-10.15.......  10.10-10.15.......  10.10-10.15.......  (d).
20 m............................  14.025-14.150.....  14.025-14.150.....  14.025-14.150.....  ..................
    Do..........................  14.175-14.350.....  14.175-14.350.....  14.175-14.350.....  ..................
17 m............................  18.068-18.168.....  18.068-18.168.....  18.068-18.168.....  ..................
15 m............................  21.025-21.200.....  21.025-21.200.....  21.025-21.200.....  ..................
    Do..........................  21.225-21.450.....  21.225-21.450.....  21.225-21.450.....  ..................
12 m............................  24.89-24.99.......  24.89-24.99.......  24.89-24.99.......  ..................

[[Page 598]]

 
10 m............................  28.0-29.7.........  28.0-29.7.........  28.0-29.7.........  ..................
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                                                    Sharing
                                                                                               requirements. See
         Wavelength band             ITU-Region 1        ITU-Region 2        ITU-Region 3        Sec.  97.303
                                                                                                  (Paragraph)
----------------------------------------------------------------------------------------------------------------
               MF                         kHz                 kHz                 kHz
 
----------------------------------------------------------------------------------------------------------------
160 m...........................  1810-1850.........  1800-2000.........  1800-2000.........  (a), (b), (c).
 
----------------------------------------------------------------------------------------------------------------
               HF                         MHz                 MHz                 MHz
 
----------------------------------------------------------------------------------------------------------------
80 m............................  3.525-3.750.......  3.525-3.750.......  3.525-3.750.......  (a).
75 m............................    ................  3.85-4.00.........  3.85-3.90.........  (a).
40 m............................  7.025-7.100.......  7.025-7.150.......  7.025-7.100.......  (a).
    Do..........................    ................  7.225-7.300.......    ................  (a).
30 m............................  10.10-10.15.......  10.10-10.15.......  10.10-10.15.......  (d).
20 m............................  14.025-14.150.....  14.025-14.150.....  14.025-14.150.....  ..................
    Do..........................  14.225-14.350.....  14.225-14.350.....  14.225-14.350.....  ..................
17 m............................  18.068-18.168.....  18.068-18.168.....  18.068-18.168.....  ..................
15 m............................  21.025-21.200.....  21.025-21.200.....  21.025-21.200.....  ..................
    Do..........................  21.30-21.45.......  21.30-21.45.......  21.30-21.45.......  ..................
12 m............................  24.89-24.99.......  24.89-24.99.......  24.89-24.99.......  ..................
10 m............................  28.0-29.7.........  28.0-29.7.........  28.0-29.7.........  ..................
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                                                    Sharing
                                                                                               requirements. See
         Wavelength band             ITU--Region 1       ITU--Region 2       ITU--Region 3       Sec.  97.303
                                                                                                  (Paragraph)
----------------------------------------------------------------------------------------------------------------
               HF                         MHz                 MHz                 MHz
 
----------------------------------------------------------------------------------------------------------------
80 m............................  3.675-3.725.......  3.675-3.725.......  3.675-3.725.......  (a).
40 m............................  7.050-7.075.......  7.10-7.15.........  7.050-7.075.......  (a).
15 m............................  21.10-21.20.......  21.10-21.20.......  21.10-21.20.......  ..................
10 m............................  28.1-28.5.........  28.1-28.5.........  28.1-28.5.........  ..................
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                                                    Sharing
                                                                                               requirements. See
         Wavelength band             ITU-Region 1        ITU-Region 2        ITU-Region 3        Sec.  97.303
                                                                                                  (Paragraph)
----------------------------------------------------------------------------------------------------------------
               VHF                        MHz                 MHz                 MHz
 
----------------------------------------------------------------------------------------------------------------
1.25 m..........................    ................  222-225...........    ................  (a).
 
----------------------------------------------------------------------------------------------------------------
               UHF                        MHz                 MHz                 MHz
 
----------------------------------------------------------------------------------------------------------------
23 cm...........................  1270-1295.........  1270-1295.........  1270-1295.........  (i).
----------------------------------------------------------------------------------------------------------------

[54 FR 25857, June 20, 1989; 54 FR 39535, Sept. 27, 1989, as amended at 
55 FR 30457, July 26, 1990; 56 FR 28, Jan. 2, 1991; 56 FR 3043, Jan. 28, 
1991; 56 FR 19610, Apr. 29, 1991; 56 FR 32518, July 17, 1991; 57 FR 
32450, July 22, 1992; 58 FR 64385, Dec. 7, 1993; 59 FR 54833, Nov. 2, 
1994; 60 FR 15687, Mar. 27, 1995; 63 FR 42280, Aug. 7, 1998]

[[Page 599]]



Sec. 97.303  Frequency sharing requirements.

    The following is a summary of the frequency sharing requirements 
that apply to amateur station transmissions on the frequency bands 
specified in Sec. 97.301 of this part. (For each ITU Region, each 
frequency band allocated to the amateur service is designated as either 
a secondary service or a primary service. A station in a secondary 
service must not cause harmful interference to, and must accept 
interference from, stations in a primary service. See Secs. 2.105 and 
2.106 of the FCC Rules, United States Table of Frequency Allocations for 
complete requirements.)
    (a) Where, in adjacent ITU Regions or Subregions, a band of 
frequencies is allocated to different services of the same category, the 
basic principle is the equality of right to operate. The stations of 
each service in one region must operate so as not to cause harmful 
interference to services in the other Regions or Subregions. (See ITU 
Radio Regulations, No. 346 (Geneva, 1979).)
    (b) No amateur station transmitting in the 1900-2000 kHz segment, 
the 70 cm band, the 33 cm band, the 13 cm band, the 9 cm band, the 5 cm 
band, the 3 cm band, the 24.05-24.25 GHz segment, the 77.0-77.5 GHz 
segment, the 78-81 GHz segment, the 144-149 GHz segment, and the 241-248 
GHz segment shall cause harmful interference to, nor is protected from 
interference due to the operation of, the Government radiolocation 
service.
    (c) No amateur station transmitting in the 1900-2000 kHz segment, 
the 3 cm band, the 77.0-77.5 GHz segment, the 78-81 GHz segment, the 
144-149 GHz segment, and the 241-248 GHz segment shall cause harmful 
interference to, nor is protected from interference due to the operation 
of, stations in the non-Government radiolocation service.
    (d) No amateur station transmitting in the 30 meter band shall cause 
harmful interference to stations authorized by other nations in the 
fixed service. The licensee of the amateur station must make all 
necessary adjustments, including termination of transmissions, if 
harmful interference is caused.
    (e) In the 1.25 m band:
    (1) Use of the 219-220 MHz segment is limited to amateur stations 
participating, as forwarding stations, in point-to-point fixed digital 
message forwarding systems, including intercity packet backbone 
networks. It is not available for other purposes.
    (2) No amateur station transmitting in the 219-220 MHz segment shall 
cause harmful interference to, nor is protected from interference due to 
operation of Automated Maritime Telecommunications Systems (AMTS), 
television broadcasting on channels 11 and 13, Interactive Video and 
Data Service systems, Land Mobile Services systems, or any other service 
having a primary allocation in or adjacent to the band.
    (3) No amateur station may transmit in the 219-220 MHz segment 
unless the licensee has given written notification of the station's 
specific geographic location for such transmissions in order to be 
incorporated into a data base that has been made available to the 
public. The notification must be given at least 30 days prior to making 
such transmissions. The notification must be given to: The American 
Radio Relay, Inc., 225 Main Street, Newington, CT 06111-1494.
    (4) No amateur station may transmit in the 219-220 MHz segment from 
a location that is within 640 km of an AMTS Coast Station that uses 
frequencies in the 217-218/219-220 MHz AMTS bands unless the amateur 
station licensee has given written notification of the station's 
specific geographic location for such transmissions to the AMTS 
licensee. The notification must be given at least 30 days prior to 
making such transmissions. The location of AMTS Coast Stations using the 
217-218/219-220 MHz channels may be obtained from either:

The American Radio Relay League, Inc., 225 Main Street, Newington, CT 
06111-1494;


or

Interactive Systems, Inc., Suite 1103, 1601 North Kent Street, 
Arlington, VA 22209; Fax: (703) 812-8275; Phone: (703) 812-8270.

    (5) No amateur station may transmit in the 219-220 MHz segment from 
a location that is within 80 km of an AMTS Coast Station that uses 
frequencies in the 217-218/219-220 MHz

[[Page 600]]

AMTS bands unless that amateur station licensee holds written approval 
from that AMTS licensee. The location of AMTS Coast Stations using the 
217-218/219-220 MHz channels may be obtained as noted in paragraph 
(e)(4) of this section.
    (f) In the 70 cm band:
    (1) No amateur station shall transmit from north of Line A in the 
420-430 MHz segment.
    (2) The 420-430 MHz segment is allocated to the amateur service in 
the United States on a secondary basis, and is allocated in the fixed 
and mobile (except aeronautical mobile) services in the International 
Table of allocations on a primary basis. No amateur station transmitting 
in this band shall cause harmful interference to, nor is protected from 
interference due to the operation of, stations authorized by other 
nations in the fixed and mobile (except aeronautical mobile) services.
    (3) The 430-440 MHz segment is allocated to the amateur service on a 
secondary basis in ITU Regions 2 and 3. No amateur station transmitting 
in this band in ITU Regions 2 and 3 shall cause harmful interference to, 
nor is protected from interference due to the operation of, stations 
authorized by other nations in the radiolocation service. In ITU Region 
1, the 430-440 MHz segment is allocated to the amateur service on a co-
primary basis with the radiolocation service. As between these two 
services in this band in ITU Region 1, the basic principle that applies 
is the equality of right to operate. Amateur stations authorized by the 
United States and radiolocation stations authorized by other nations in 
ITU Region 1 shall operate so as not to cause harmful interference to 
each other.
    (4) No amateur station transmitting in the 449.75-450.25 MHz segment 
shall cause interference to, nor is protected from itnerference due to 
the operation of stations in, the space operation service and the space 
research service or Government or non-Government stations for space 
telecommand.
    (g) In the 33 cm band:
    (1) No amateur station shall transmit from within the States of 
Colorado and Wyoming, bounded on the south by latitude 39 deg. N., on 
the north by latitude 42 deg. N., on the east by longitude 105 deg. W., 
and on the west by longitude 108 deg. W. This band is allocated on a 
secondary basis to the amateur service subject to not causing harmful 
interference to, and not receiving protection from any interference due 
to the operation of, industrial, scientific and medical devices, 
automatic vehicle monitoring systems or Government stations authorized 
in this band.
    (2) No amateur station shall transmit from those portions of the 
States of Texas and New Mexico bounded on the south by latitude 
31 deg.41' N., on the north by latitude 34 deg.30' N., on the east by 
longitude 104 deg.11' W., and on the west by longitude 107 deg.30' W.
    (h) No amateur station transmitting in the 23 cm band, the 3 cm 
band, the 24.05-24.25 GHz segment, the 77-77.5 GHz segment, the 78-81 
GHz segment, the 144-149 GHz segment, and the 241-248 GHz segment shall 
cause harmful interference to, nor is protected from interference due to 
the operation of, stations authorized by other nations in the 
radiolocation service.
    (i) In the 1240-1260 MHz segment, no amateur station shall cause 
harmful interference to, nor is protected from interference due to the 
operation of, stations in the radionavigation-satellite service, the 
aeronautical radionavigation service, or the radiolocation service.
    (j) In the 13 cm band:
    (1) The amateur service is allocated on a secondary basis in all ITU 
Regions. In ITU Region 1, no amateur station shall cause harmful 
interference to, and shall be not protected from interference due to the 
operation of, stations authorized by other nations in the fixed and 
mobile services. In ITU Regions 2 and 3, no amateur station shall cause 
harmful interference to, and shall not be protected from interference 
due to the operation of, stations authorized by other nations in the 
fixed, mobile and radiolocation services.
    (2) In the United States:
    (i) The 2300-2305 MHz segment is allocated to the amateur service on 
a secondary basis. (Currently the 2300-2305 MHz segment is not allocated 
to any service on a primary basis.);
    (ii) The 2305-2310 MHz segment is allocated to the amateur service 
on a

[[Page 601]]

secondary basis to the fixed, mobile, and radiolocation services;
    (iii) The 2390-2400 MHz segment is allocated to the amateur service 
on a primary basis; and
    (iv) The 2400-2402 MHz segment is allocated to the amateur service 
on a secondary basis. (Currently the 2400-2402 MHz segment is not 
allocated to any service on a primary basis.) The 2402-2417 MHz segment 
is allocated to the amateur service on a primary basis. The 2417-2450 
MHz segment is allocated to the amateur service on a co-secondary basis 
with the Government radiolocation service. Amateur stations operating 
within the 2400-2450 MHz segment must accept harmful interference that 
may be caused by the proper operation of industrial, scientific, and 
medical devices operating within the band.
    (k) No amateur station transmitting in the 3.332-3.339 GHz and 
3.3458-3525 GHz segments, the 2.5 mm band, the 144.68-144.98 GHz, 
145.45-145.75 GHz and 146.82-147.12 GHz segments and the 343-348 GHz 
segment shall cause harmful interference to stations in the radio 
astronomy service. No amateur station transmitting in the 300-302 GHz, 
324-326 GHz, 345-347 GHz, 363-365 GHz and 379-381 GHz segments shall 
cause harmful interference to stations in the space research service 
(passive) or Earth exploration-satellite service (passive).
    (l) In the 9 cm band:
    (1) In ITU Regions 2 and 3, the band is allocated to the amateur 
service on a secondary basis.
    (2) In the United States, the band is allocated to the amateur 
service on a co-secondary basis with the non-Government radiolocation 
service.
    (3) In the 3.3-3.4 GHz segment, no amateur station shall cause 
harmful interference to, nor is protected from interference due to the 
operation of, stations authorized by other nations in the radiolocation 
service.
    (4) In the 3.4-3.5 GHz segment, no amateur station shall cause 
harmful interference to, nor is protected from interference due to the 
operation of, stations authorized by other nations in the fixed and 
fixed-satellite service.
    (m) In the 5 cm band:
    (1) In the 5.650-5.725 GHz segment, the amateur service is allocated 
in all ITU Regions on a co-secondary basis with the space research (deep 
space) service.
    (2) In the 5.725-5.850 GHz segment, the amateur service is allocated 
in all ITU Regions on a secondary basis. No amateur station shall cause 
harmful interference to, nor is protected from interference due to the 
operation of, stations authorized by other nations in the fixed-
satellite service in ITU Region 1.
    (3) No amateur station transmitting in the 5.725-5.875 GHz segment 
is protected from interference due to the operation of industrial, 
scientific and medical devices operating on 5.8 GHz.
    (4) In the 5.650-5.850 GHz segment, no amateur station shall cause 
harmful interference to, nor is protected from interference due to the 
operation of, stations authorized by other nations in the radiolocation 
service.
    (5) In the 5.850-5.925 GHz segment, the amateur service is allocated 
in ITU Region 2 on a co-secondary basis with the radiolocation service. 
In the United States, the segment is allocated to the amateur service on 
a secondary basis to the non-Government fixed-satellite service. No 
amateur station shall cause harmful interference to, nor is protected 
from interference due to the operation of, stations authorized by other 
nations in the fixed, fixed-satellite and mobile services. No amateur 
station shall cause harmful interference to, nor is protected from 
interference due to the operation of, stations in the non-Government 
fixed-satellite service.
    (n) In the 3 cm band:
    (1) In the United States, the 3 cm band is allocated to the amateur 
service on a co-secondary basis with the non-government radiolocation 
service.
    (2) In the 10.00-10.45 GHz segment in ITU Regions 1 and 3, no 
amateur station shall cause interference to, nor is protected from 
interference due to the operation of, stations authorized by other 
nations in the fixed and mobile services.
    (o) No amateur station transmitting in the 1.2 cm band is protected 
from interference due to the operation of industrial, scientific and 
medical devices on 24.125 GHz. In the United States, the 24.05-24.25 GHz 
segment is allocated to the amateur service on a co-secondary

[[Page 602]]

basis with the non-government radiolocation and Government and non-
government Earth exploration-satellite (active) services.
    (p) The 2.5 mm band is allocated to the amateur service on a 
secondary basis. No amateur station transmitting in this band shall 
cause harmful interference to, nor is protected from interference due to 
the operation of, stations in the fixed, inter-satellite and mobile 
services.
    (q) No amateur station transmitting in the 244-246 GHz segment of 
the 1 mm band is protected from interference due to the operation of 
industrial, scientific and medical devices on 245 GHz.
    (r) In the 4 mm band:
    (1) Authorization of the 76-77 GHz segment of the 4 mm band for 
amateur station transmissions is suspended until such time that the 
Commission may determine that amateur station transmissions in this 
segment will not pose a safety threat to vehicle radar systems operating 
in this segment.
    (2) In places where the amateur service is regulated by the FCC, the 
77.5-78 GHz segment is allocated to the amateur service and amateur-
satellite service on a co-primary basis with the Government and non-
Government radiolocation services.

[54 FR 25857, June 20, 1989; 54 FR 39536, Sept. 27, 1989, as amended at 
56 FR 19611, Apr. 29, 1991; 56 FR 23025, May 20, 1991; 56 FR 32518, July 
17, 1991; 56 FR 40801, Aug. 16, 1991; 57 FR 40344, Sept. 3, 1992; 60 FR 
15687, Mar. 27, 1995; 61 FR 15386, Apr. 8, 1996; 62 FR 9673, Mar. 3, 
1997; 63 FR 42280, Aug. 7, 1998]



Sec. 97.305  Authorized emission types.

    (a) An amateur station may transmit a CW emission on any frequency 
authorized to the control operator.
    (b) A station may transmit a test emission on any frequency 
authorized to the control operator for brief periods for experimental 
purposes, except that no pulse modulation emission may be transmitted on 
any frequency where pulse is not specifically authorized.
    (c) A station may transmit the following emission types on the 
frequencies indicated, as authorized to the control operator, subject to 
the standards specified in Sec. 97.307(f) of this part.

----------------------------------------------------------------------------------------------------------------
                                                                                Standards see Sec.  97.307(f),
 Wavelength band       Frequencies            Emission types authorized                   paragraph:
----------------------------------------------------------------------------------------------------------------
MF:
    160 m         Entire band..........  RTTY, data........................  (3).
    160 m         Entire band..........  Phone, image......................  (1), (2).
HF:
    80 m          Entire band..........  RTTY, data........................  (3), (9).
    75 m          Entire band..........  Phone, image......................  (1), (2).
    40 m          7.000-7.100 MHz......  RTTY, data........................  (3), (9).
    40 m          7.075-7.100 MHz......  Phone, image......................  (1), (2), (9), (11).
    40 m          7.100-7.150 MHz......  RTTY, data........................  (3), (9).
    40 m          7.150-7.300 MHz......  Phone, image......................  (1), (2).
    30 m          Entire band..........  RTTY, data........................  (3).
    20 m          14.00-14.15 MHz......  RTTY, data........................  (3).
    20 m          14.15-14.35 MHz......  Phone, image......................  (1), (2).
    17 m          18.068-18.110 MHz....  RTTY, data........................  (3).
    17 m          18.110-18.168 MHz....  Phone, image......................  (1), (2).
    15 m          21.0-21.2 MHz........  RTTY, data........................  (3), (9).
    15 m          21.20-21.45 MHz......  Phone, image......................  (1), (2).
    12 m          24.89-24.93 MHz......  RTTY, data........................  (3).
    12 m          24.93-24.99 MHz......  Phone, image......................  (1), (2).
    10 m          28.0-28.3 MHz........  RTTY, data........................  (4).
    10 m          28.3-28.5 MHz........  Phone, image......................  (1), (2), (10).
    10 m          28.5-29.0 MHz........  Phone, image......................  (1), (2).
    10 m          29.0-29.7 MHz........  Phone, image......................  (2).
VHF:
    6 m           50.1-51.0 MHz........  MCW, phone, image, RTTY, data.....  (2), (5).
      Do          51.0-54.0 MHz........  MCW, phone, image, RTTY, data,      (2), (5), (8).
                                          test.
    2 m           144.1-148.0 MHz......  MCW, phone, image, RTTY, data,      (2), (5), (8).
                                          test.
    1.25 m        219-220 MHz..........  Data..............................  (13).
      Do          222-225 MHz..........  MCW, phone, image, RTTY, data,      (2), (6), (8).
                                          test.
UHF:
    70 cm         Entire band..........  MCW, phone, image, RTTY, data, SS,  (6), (8).
                                          test.
    33 cm         Entire band..........  MCW, phone, image, RTTY, data, SS,  (7), (8), and (12).
                                          test, pulse.
    23 cm         Entire band..........  MCW, phone, image, RTTY, data, SS,   (7), (8), and (12).
                                          test.

[[Page 603]]

 
    13 cm         Entire band..........  MCW, phone, image, RTTY, data, SS,  (7), (8), and (12).
                                          test, pulse.
SHF:
    9 cm          Entire band..........  MCW, phone, image, RTTY, data, SS,  (7), (8), and (12).
                                          test, pulse.
    5 cm          Entire band..........  MCW, phone, image, RTTY, data, SS,  (7), (8), and (12).
                                          test, pulse.
    3 cm          Entire band..........  MCW, phone, image, RTTY, data, SS,  (7), (8), and (12).
                                          test.
    1.2 cm        Entire band..........  MCW, phone, image, RTTY, data, SS,  (7), (8), and (12).
                                          test, pulse.
EHF:
    6 mm          Entire band..........  MCW, phone, image, RTTY, data, SS,  (7), (8), and (12).
                                          test, pulse.
    4 mm          Entire band..........  MCW, phone, image, RTTY, data, SS,  (7), (8), and (12).
                                          test, pulse.
    2.5 mm        Entire band..........  MCW, phone, image, RTTY, data, SS,  (7), (8), and (12).
                                          test, pulse.
    2 mm          Entire band..........  MCW, phone, image, RTTY, data, SS,  (7), (8), and (12).
                                          test, pulse.
    1mm           Entire band..........  MCW, phone, image, RTTY, data, SS,  (7), (8), and (12).
                                          test, pulse.
    --            Above 300 GHz........  MCW, phone, image, RTTY, data, SS,  (7), (8), and (12).
                                          test, pulse.
----------------------------------------------------------------------------------------------------------------


[54 FR 25857, June 20, 1989; 54 FR 39536, Sept. 27, 1989; 55 FR 22013, 
May 30, 1990, as amended at 55 FR 30457, July 26, 1990; 60 FR 15688, 
Mar. 27, 1995]



Sec. 97.307  Emission standards.

    (a) No amateur station transmission shall occupy more bandwidth than 
necessary for the information rate and emission type being transmitted, 
in accordance with good amateur practice.
    (b) Emissions resulting from modulation must be confined to the band 
or segment available to the control operator. Emissions outside the 
necessary bandwidth must not cause splatter or keyclick interference to 
operations on adjacent frequencies.
    (c) All spurious emissions from a station transmitter must be 
reduced to the greatest extent practicable. If any spurious emission, 
including chassis or power line radiation, causes harmful interference 
to the reception of another radio station, the licensee of the 
interfering amateur station is required to take steps to eliminate the 
interference, in accordance with good engineering practice.
    (d) The mean power of any spurious emission from a station 
transmitter or external RF power amplifier transmitting on a frequency 
below 30 MHz must not exceed 50 mW and must be at least 40 dB below the 
mean power of the fundamental emission. For a transmitter of mean power 
less than 5 W, the attenuation must be at least 30 dB. A transmitter 
built before April 15, 1977, or first marketed before January 1, 1978, 
is exempt from this requirement.
    (e) The mean power of any spurious emission from a station 
transmitter or external RF power amplifier transmitting on a frequency 
between 30-225 MHz must be at least 60 dB below the mean power of the 
fundamental. For a transmitter having a mean power of 25 W or less, the 
mean power of any spurious emission supplied to the antenna transmission 
line must not exceed 25 W and must be at least 40 dB below the 
mean power of the fundamental emission, but need not be reduced below 
the power of 10 W. A transmitter built before April 15, 1977, 
or first marketed before January 1, 1978, is exempt from this 
requirement.
    (f) The following standards and limitations apply to transmissions 
on the frequencies specified in Sec. 97.305(c) of this part.
    (1) No angle-modulated emission may have a modulation index greater 
than 1 at the highest modulation frequency.
    (2) No non-phone emission shall exceed the bandwidth of a 
communications quality phone emission of the same modulation type. The 
total bandwidth of an independent sideband emission (having B as the 
first symbol), or a multiplexed image and phone emission, shall not 
exceed that of a communications quality A3E emission.
    (3) Only a RTTY or data emission using a specified digital code 
listed in Sec. 97.309(a) of this part may be transmitted. The symbol 
rate must not exceed 300 bauds, or for frequency-shift keying, the 
frequency shift between mark and space must not exceed 1 kHz.
    (4) Only a RTTY or data emission using a specified digital code 
listed in Sec. 97.309(a) of this part may be transmitted. The symbol 
rate must not exceed

[[Page 604]]

1200 bauds, or for frequency-shift keying, the frequency shift between 
mark and space must not exceed 1 kHz.
    (5) A RTTY, data or multiplexed emission using a specified digital 
code listed in Sec. 97.309(a) of this part may be transmitted. The 
symbol rate must not exceed 19.6 kilobauds. A RTTY, data or multiplexed 
emission using an unspecified digital code under the limitations listed 
in Sec. 97.309(b) of this part also may be transmitted. The authorized 
bandwidth is 20 kHz.
    (6) A RTTY, data or multiplexed emission using a specified digital 
code listed in Sec. 97.309(a) of this part may be transmitted. The 
symbol rate must not exceed 56 kilobauds. A RTTY, data or multiplexed 
emission using an unspecified digital code under the limitations listed 
in Sec. 97.309(b) of this part also may be transmitted. The authorized 
bandwidth is 100 kHz.
    (7) A RTTY, data or multiplexed emission using a specified digital 
code listed in Sec. 97.309(a) of this part or an unspecified digital 
code under the limitations listed in Sec. 97.309(b) of this part may be 
transmitted.
    (8) A RTTY or data emission having designators with A, B, C, D, E, 
F, G, H, J or R as the first symbol; 1, 2, 7 or 9 as the second symbol; 
and D or W as the third symbol is also authorized.
    (9) A station having a control operator holding a Novice or 
Technician Class operator license may only transmit a CW emission using 
the international Morse code.
    (10) A station having a control operator holding a Novice or 
Technician Class operator license may only transmit a CW emission using 
the international Morse code or phone emissions J3E and R3E.
    (11) Phone and image emissions may be transmitted only by stations 
located in ITU Regions 1 and 3, and by stations located within ITU 
Region 2 that are west of 130 deg. West longitude or south of 20 deg. 
North latitude.
    (12) Emission F8E may be transmitted.
    (13) A data emission using an unspecified digital code under the 
limitations listed in Sec. 97.309(b) also may be transmitted. The 
authorized bandwidth is 100 kHz.

[54 FR 25857, June 20, 1989; 54 FR 30823, July 24, 1989, as amended at 
54 FR 39537, Sept. 27, 1989; 60 FR 15688, Mar. 27, 1995]



Sec. 97.309  RTTY and data emission codes.

    (a) Where authorized by Secs. 97.305(c) and 97.307(f) of the part, 
an amateur station may transmit a RTTY or data emission using the 
following specified digital codes:
    (1) The 5-unit, start-stop, International Telegraph Alphabet No. 2, 
code defined in International Telegraph and Telephone Consultative 
Committee Recommendation F.1, Division C (commonly known as Baudot).
    (2) The 7-unit code specified in International Radio Consultative 
Committee Recommendation CCIR 476-2 (1978), 476-3 (1982), 476-4 (1986) 
or 625 (1986) (commonly known as AMTOR).
    (3) The 7-unit code defined in American National Standards Institute 
X3.4-1977 or International Alphabet No. 5 defined in International 
Telegraph and Telephone Consultative Committee Recommendation T.50 or in 
International Organization for Standardization, International Standard 
ISO 646 (1983), and extensions as provided for in CCITT Recommendation 
T.61 (Malaga-Torremolinos, 1984) (commonly known as ASCII).
    (4) An amateur station transmitting a RTTY or data emission using a 
digital code specified in this paragraph may use any technique whose 
technical characteristics have been documented publicly, such as CLOVER, 
G-TOR, or PacTOR, for the purpose of facilitating communications.
    (b) Where authorized by Secs. 97.305(c) and 97.307(f) of this part, 
a station may transmit a RTTY or data emission using an unspecified 
digital code, except to a station in a country with which the United 
States does not have an agreement permitting the code to be used. RTTY 
and data emissions using unspecified digital codes must not be 
transmitted for the purpose of obscuring the meaning of any 
communication. When deemed necessary by an EIC to assure compliance with 
the FCC Rules, a station must:

[[Page 605]]

    (1) Cease the transmission using the unspecified digital code;
    (2) Restrict transmissions of any digital code to the extent 
instructed;
    (3) Maintain a record, convertible to the original information, of 
all digital communications transmitted.

[54 FR 25857, June 20, 1989, as amended at 54 FR 39537, Sept. 27, 1989; 
56 FR 56172, Nov. 1, 1991; 60 FR 55486, Nov. 1, 1995]



Sec. 97.311  SS emission types.

    (a) SS emission transmissions by an amateur station are authorized 
only for communications between points within areas where the amateur 
service is regulated by the FCC. SS emission transmissions must not be 
used for the purpose of obscuring the meaning of any communication.
    (b) Stations transmitting SS emission must not cause harmful 
interference to stations employing other authorized emissions, and must 
accept all interference caused by stations employing other authorized 
emissions. For the purposes of this paragraph, unintended triggering of 
carrier operated repeaters is not considered to be harmful interference.
    (c) Only the following types of SS emission transmissions are 
authorized (hybrid SS emissions transmissions involving both spreading 
techniques are prohibited):
    (1) Frequency hopping where the carrier of the transmitted signal is 
modulated with unciphered information and changes frequency at fixed 
intervals under the direction of a high speed code sequence.
    (2) Direct sequence where the information is modulo-2 added to a 
high speed code sequence. The combined information and code are then 
used to modulate the RF carrier. The high speed code sequence dominates 
the modulation function, and is the direct cause of the wide spreading 
of the transmitted signal.
    (d) The only spreading sequences that are authorized are from the 
output of one binary linear feedback shift register (which may be 
implemented in hardware or software).
    (1) Only the following sets of connections may be used:

------------------------------------------------------------------------
   Number of stages in shift register         Taps used in feedback
------------------------------------------------------------------------
7......................................  7,1.
13.....................................  13,4, 3, and 1.
19.....................................  19, 5, 2, and 1.
------------------------------------------------------------------------

    (2) The shift register must not be reset other than by its feedback 
during an individual transmission. The shift register output sequence 
must be used without alteration.
    (3) The output of the last stage of the binary linear feedback shift 
register must be used as follows:
    (i) For frequency hopping transmissions using x frequencies, n 
consecutive bits from the shift register must be used to select the next 
frequency from a list of frequencies sorted in ascending order. Each 
consecutive frequency must be selected by a consecutive block of n bits. 
(Where n is the smallest integer greater than log2 x.)
    (ii) For direct sequence transmissions using m-ary modulation, 
consecutive blocks of log2 m bits from the shift register 
must be used to select the transmitted signal during each interval.
    (e) The station records must document all SS emission transmissions 
and must be retained for a period of 1 year following the last entry. 
The station records must include sufficient information to enable the 
FCC, using the information contained therein, to demodulate all 
transmissions. The station records must contain at least the following:
    (1) A technical description of the transmitted signal;
    (2) Pertinent parameters describing the transmitted signal including 
the frequency or frequencies of operation and, where applicable, the 
chip rate, the code rate, the spreading function, the transmission 
protocol(s) including the method of achieving sychronization, and the 
modulation type;
    (3) A general description of the type of information being conveyed, 
(voice, text, memory dump, facsimile, television, etc.);
    (4) The method and, if applicable, the frequency or frequencies used 
for station identification; and
    (5) The date of beginning and the date of ending use of each type of 
transmitted signal.

[[Page 606]]

    (f) When deemed necessary by an EIC to assure compliance with this 
part, a station licensee must:
    (1) Cease SS emission transmissions;
    (2) Restrict SS emission transmissions to the extent instructed; and
    (3) Maintain a record, convertible to the original information 
(voice, text, image, etc.) of all spread spectrum communications 
transmitted.
    (g) The transmitter power must not exceed 100 W.



Sec. 97.313  Transmitter power standards.

    (a) An amateur station must use the minimum transmitter power 
necessary to carry out the desired communications.
    (b) No station may transmit with a transmitter power exceeding 1.5 
kW PEP.
    (c) No station may transmit with a transmitter power exceeding 200 W 
PEP on:
    (1) The 3.675-3.725 MHz, 7.10-7.15 MHz, 10.10-10.15 MHz, and 21.1-
21.2 MHz segments;
    (2) The 28.1-28.5 MHz segment when the control operator is a Novice 
or Technician operator; or
    (3) The 7.050-7.075 MHz segment when the station is within ITU 
Regions 1 or 3.
    (d) No station may transmit with a transmitter power exceeding 25 W 
PEP on the VHF 1.25 m band when the control operator is a Novice 
operator.
    (e) No station may transmit with a transmitter power exceeding 5 W 
PEP on the UHF 23 cm band when the control operator is a Novice 
operator.
    (f) No station may transmit with a transmitter power exceeding 50 W 
PEP on the UHF 70 cm band from an area specified in footnote US7 to 
Sec. 2.106 of the FCC Rules, unless expressly authorized by the FCC 
after mutual agreement, on a case-by-case basis, between the EIC of the 
applicable field facility and the military area frequency coordinator at 
the applicable military base. An Earth station or telecommand station, 
however, may transmit on the 435-438 MHz segment with a maximum of 611 W 
effective radiated power (1 kW equivalent isotropically radiated power) 
without the authorization otherwise required. The transmitting antenna 
elevation angle between the lower half-power (-3 dB relative to the peak 
or antenna bore sight) point and the horizon must always be greater than 
10 deg..
    (g) No station may transmit with a transmitter power exceeding 50 W 
PEP on the 33 cm band from within 241 km of the boundaries of the White 
Sands Missile Range. Its boundaries are those portions of Texas and New 
Mexico bounded on the south by latitude 31 deg. 41' North, on the east 
by longitude 104 deg. 11' West, on the north by latitude 34 deg. 30' 
North, and on the west by longitude 107 deg. 30' West.
    (h) No station may transmit with a transmitter power exceeding 50 W 
PEP on the 219-220 MHz segment of the 1.25 m band.

[54 FR 25857, June 20, 1989, as amended at 56 FR 37161, Aug. 5, 1991; 56 
FR 3043, Jan. 28, 1991; 60 FR 15688, Mar. 27, 1995]



Sec. 97.315  Certification of external RF power amplifiers.

    (a) No more than 1 unit of 1 model of an external RF power amplifier 
capable of operation below 144 MHz may be constructed or modified during 
any calendar year by an amateur operator for use at a station without a 
grant of certification. No amplifier capable of operation below 144 MHz 
may be constructed or modified by a non-amateur operator without a grant 
of certification from the FCC.
    (b) Any external RF power amplifier or external RF power amplifier 
kit (see Sec. 2.815 of the FCC Rules), manufactured, imported or 
modified for use in a station or attached at any station must be 
certificated for use in the amateur service in accordance with subpart J 
of part 2 of the FCC Rules. This requirement does not apply if one or 
more of the following conditions are met:
    (1) The amplifier is not capable of operation on frequencies below 
144 MHz. For the purpose of this part, an amplifier will be deemed to be 
incapable of operation below 144 MHz if it is not capable of being 
easily modified to increase its amplification characteristics below 120 
MHz and either:
    (i) The mean output power of the amplifier decreases, as frequency 
decreases from 144 MHz, to a point where 0 dB or less gain is exhibited 
at 120 MHz; or

[[Page 607]]

    (ii) The amplifier is not capable of amplifying signals below 120 
MHz even for brief periods without sustaining permanent damage to its 
amplification circuitry.
    (2) The amplifier was manufactured before April 28, 1978, and has 
been issued a marketing waiver by the FCC, or the amplifier was 
purchased before April 28, 1978, by an amateur operator for use at that 
amateur operator's station.
    (3) The amplifier was:
    (i) Constructed by the licensee, not from an external RF power 
amplifier kit, for use at the licensee's station; or
    (ii) Modified by the licensee for use at the licensee's station.
    (4) The amplifier is sold by an amateur operator to another amateur 
operator or to a dealer.
    (5) The amplifier is purchased in used condition by an equipment 
dealer from an amateur operator and the amplifier is further sold to 
another amateur operator for use at that operator's station.
    (c) Any external RF power amplifier appearing in the Commission's 
database as certificated for use in the amateur service may be marketed 
for use in the amateur service.

[54 FR 25857, June 20, 1989, as amended at 63 FR 36611, July 7, 1998]

    Effective Date Note:  At 63 FR 36611, July 7, 1998, Sec. 97.315, 
paragraphs (a), (b) and (c) were amended by removing the term ``type 
acceptance'' each place it appears and adding in its place 
``certification'', and by removing the term ``type accepted'' each place 
it appears and adding in its place ``certificated''; paragraph (c) was 
amended by removing the first sentence, and by removing the term ``on 
this list'' and adding in its place ``in the Commission's database'', 
effective Oct. 5, 1998.



Sec. 97.317  Standards for certification of external RF power amplifiers.

    (a) To receive a grant of certification, the amplifier must satisfy 
the spurious emission standards of Sec. 97.307(d) or (e) of this part, 
as applicable, when the amplifier is:
    (1) Operated at its full output power;
    (2) Placed in the ``standby'' or ``off'' positions, but still 
connected to the transmitter; and
    (3) Driven with at least 50 W mean RF input power (unless higher 
drive level is specified.)
    (b) To receive a grant of certification, the amplifier must not be 
capable of operation on any frequency or frequencies between 24 MHz and 
35 MHz. The amplifier will be deemed incapable of such operation if it:
    (1) Exhibits no more than 6 dB gain between 24 MHz and 26 MHz and 
between 28 MHz and 35 MHz. (This gain will be determined by the ratio of 
the input RF driving signal (mean power measurement) to the mean RF 
output power of the amplifier); and
    (2) Exhibits no amplification (0 dB gain) between 26 MHz and 28 MHz.
    (c) Certification may be denied when denial would prevent the use of 
these amplifiers in services other than the amateur service. The 
following features will result in dismissal or denial of an application 
for certification:
    (1) Any accessible wiring which, when altered, would permit 
operation of the amplifier in a manner contrary to the FCC Rules;
    (2) Circuit boards or similar circuitry to facilitate the addition 
of components to change the amplifier's operating characteristics in a 
manner contrary to the FCC Rules;
    (3) Instructions for operation or modification of the amplifier in a 
manner contrary to FCC Rules;
    (4) Any internal or external controls or adjustments to facilitate 
operation of the amplifier in a manner contrary to the FCC Rules;
    (5) Any internal RF sensing circuitry or any external switch, the 
purpose of which is to place the amplifier in the transmit mode;
    (6) The incorporation of more gain in the amplifier than is 
necessary to operate in the amateur service; for purposes of this 
paragraph, the amplifer must:
    (i) Not be capable of achieving designed output power when driven 
with less than 50 W mean RF input power;
    (ii) Not be capable of amplifying the input RF driving signal by 
more than 15 dB, unless the amplifier has a designed transmitter power 
of less than 1.5 kW (in such a case, gain must be reduced by the same 
number of dB as the transmitter power relationship to 1.5

[[Page 608]]

kW; This gain limitation is determined by the ratio of the input RF 
driving signal to the RF output power of the amplifier where both 
signals are expressed in peak envelope power or mean power);
    (iii) Not exhibit more gain than permitted by paragraph (c)(6)(ii) 
of this section when driven by an RF input signal of less than 50 W mean 
power; and
    (iv) Be capable of sustained operation at its designed power level;
    (7) Any attenuation in the input of the amplifier which, when 
removed or modified, would permit the amplifier to function at its 
designed transmitter power when driven by an RF frequency input signal 
of less than 50 W mean power; or
    (8) Any other features designed to facilitate operation in a 
telecommunication service other than the Amateur Radio Services, such as 
the Citizens Band (CB) Radio Service.

[54 FR 25857, June 20, 1989, as amended at 63 FR 36611, July 7, 1998]

    Effective Date Note:  At 63 FR 36611, July 7, 1998, Sec. 97.317, the 
section heading was revised; paragraphs (a), (b) and (c) were amended by 
removing the term ``type acceptance'' each place it appears and adding 
in its place ``certification'', effective Oct. 5, 1998.



              Subpart E--Providing Emergency Communications



Sec. 97.401  Operation during a disaster.

    (a) When normal communication systems are overloaded, damaged or 
disrupted because a disaster has occurred, or is likely to occur, in an 
area where the amateur service is regulated by the FCC, an amateur 
station may make transmissions necessary to meet essential communication 
needs and facilitate relief actions.
    (b) When normal communication systems are overloaded, damaged or 
disrupted because a natural disaster has occurred, or is likely to 
occur, in an area where the amateur service is not regulated by the FCC, 
a station assisting in meeting essential communication needs and 
facilitating relief actions may do so only in accord with ITU Resolution 
No. 640 (Geneva, 1979). The 80 m, 75 m, 40 m, 30 m, 20 m, 17 m, 15 m, 12 
m, and 2 m bands may be used for these purposes.
    (c) When a disaster disrupts normal communication systems in a 
particular area, the FCC may declare a temporary state of communication 
emergency. The declaration will set forth any special conditions and 
special rules to be observed by stations during the communication 
emergency. A request for a declaration of a temporary state of emergency 
should be directed to the EIC in the area concerned.
    (d) A station in, or within 92.6 km of, Alaska may transmit 
emissions J3E and R3E on the channel at 5.1675 Mhz for emergency 
communications. The channel must be shared with stations licensed in the 
Alaska-private fixed service. The transmitter power must not exceed 150 
W.



Sec. 97.403  Safety of life and protection of property.

    No provision of these rules prevents the use by an amateur station 
of any means of radiocommunication at its disposal to provide essential 
communication needs in connection with the immediate safety of human 
life and immediate protection of property when normal communication 
systems are not available.



Sec. 97.405  Station in distress.

    (a) No provision of these rules prevents the use by an amateur 
station in distress of any means at its disposal to attract attention, 
make known its condition and location, and obtain assistance.
    (b) No provision of these rules prevents the use by a station, in 
the exceptional circumstances described in paragraph (a) of this 
section, of any means of radiocommunications at its disposal to assist a 
station in distress.



Sec. 97.407  Radio amateur civil emergency service.

    (a) No station may transmit in RACES unless it is an FCC-licensed 
primary, club, or military recreation station and it is certified by a 
civil defense organization as registered with that organization, or it 
is an FCC-licensed RACES station. No person may be the control operator 
of a RACES station, or may be the control operator

[[Page 609]]

of an amateur station transmitting in RACES unless that person holds a 
FCC-issued amateur operator license and is certified by a civil defense 
organization as enrolled in that organization.
    (b) The frequency bands and segments and emissions authorized to the 
control operator are available to stations transmitting communications 
in RACES on a shared basis with the amateur service. In the event of an 
emergency which necessitates the invoking of the President's War 
Emergency Powers under the provisions of Section 706 of the 
Communications Act of 1934, as amended, 47 U.S.C. 606, RACES stations 
and amateur stations participating in RACES may only transmit on the 
following frequencies:
    (1) The 1800-1825 kHz, 1975-2000 kHz, 3.50-3.55 MHz, 3.93-3.98 MHz, 
3.984-4.000 MHz, 7.079-7.125 MHz, 7.245-7.255 MHz, 10.10-10.15 MHz, 
14.047-14.053 MHz, 14.22-14.23 MHz, 14.331-14.350 MHz, 21.047-21.053 
MHz, 21.228-21.267 MHz, 28.55-28.75 MHz, 29.237-29.273 MHz, 29.45-29.65 
MHz, 50.35-50.75 MHz, 52-54 MHz, 144.50-145.71 MHz, 146-148 MHz, 2390-
2450 MHz segments;
    (2) The 1.25 m, 70 cm and 23 cm bands; and
    (3) The channels at 3.997 MHz and 53.30 MHz may be used in emergency 
areas when required to make initial contact with a military unit and for 
communications with military stations on matters requiring coordination.
    (c) A RACES station may only communicate with:
    (1) Another RACES station;
    (2) An amateur station registered with a civil defense organization;
    (3) A United States Government station authorized by the responsible 
agency to communicate with RACES stations;
    (4) A station in a service regulated by the FCC whenever such 
communication is authorized by the FCC.
    (d) An amateur station registered with a civil defense organization 
may only communicate with:
    (1) A RACES station licensed to the civil defense organization with 
which the amateur station is registered;
    (2) The following stations upon authorization of the responsible 
civil defense official for the organization with which the amateur 
station is registered:
    (i) A RACES station licensed to another civil defense organization;
    (ii) An amateur station registered with the same or another civil 
defense organization;
    (iii) A United States Government station authorized by the 
responsible agency to communicate with RACES stations; and
    (iv) A station in a service regulated by the FCC whenever such 
communication is authorized by the FCC.
    (e) All communications transmitted in RACES must be specifically 
authorized by the civil defense organization for the area served. Only 
civil defense communications of the following types may be transmitted:
    (1) Messages concerning impending or actual conditions jeopardizing 
the public safety, or affecting the national defense or security during 
periods of local, regional, or national civil emergencies;
    (2) Messages directly concerning the immediate safety of life of 
individuals, the immediate protection of property, maintenance of law 
and order, alleviation of human suffering and need, and the combating of 
armed attack or sabotage;
    (3) Messages directly concerning the accumulation and dissemination 
of public information or instructions to the civilian population 
essential to the activities of the civil defense organization or other 
authorized governmental or relief agencies; and
    (4) Communications for RACES training drills and tests necessary to 
ensure the establishment and maintenance of orderly and efficient 
operation of the RACES as ordered by the responsible civil defense 
organization served. Such drills and tests may not exceed a total time 
of 1 hour per week. With the approval of the chief officer for emergency 
planning in the applicable State, Commonwealth, District or territory, 
however, such tests and drills may be conducted for a period not to 
exceed 72 hours no more than twice in any calendar year.

[[Page 610]]



                Subpart F--Qualifying Examination Systems



Sec. 97.501  Qualifying for an amateur operator license.

    Each applicant for the grant of a new amateur operator license or 
for the grant of a modified license to show a higher operator class, 
must pass or otherwise receive credit for the examination elements 
specified for the class of operator license sought:
    (a) Amateur Extra Class operator: Elements 1(C), 2, 3(A), 3(B), 
4(A), and 4(B);
    (b) Advanced Class operator: Elements 1(B) or 1(C), 2, 3(A), 3(B), 
and 4(A);
    (c) General Class operator: Elements 1(B) or 1(C), 2, 3(A), and 
3(B);
    (d) Technician Plus Class operator: Elements 1(A) or 1(B) or 1(C), 
2, and 3(A).
    (e) Technician Class operator: Elements 2 and 3(A).
    (f) Novice Class operator: Elements 1(A) or 1(B) or 1(C), and 2.

[54 FR 25857, June 20, 1989, as amended at 59 FR 54834, Nov. 2, 1994]



Sec. 97.503  Element standards.

    (a) A telegraphy examination must be sufficient to prove that the 
examinee has the ability to send correctly by hand and to receive 
correctly by ear texts in the international Morse code at not less than 
the prescribed speed, using all the letters of the alphabet, numerals 0-
9, period, comma, question mark, slant mark and prosigns ar, bt, and sk.
    (1) Element 1(A): 5 words per minute;
    (2) Element 1(B): 13 words per minute;
    (3) Element 1(C): 20 words per minute.
    (b) A written examination must be such as to prove that the examinee 
possesses the operational and technical qualifications required to 
perform properly the duties of an amateur service licensee. Each written 
examination must be comprised of a question set as follows:
    (1) Element 2: 35 questions concerning the privileges of a Novice 
Class operator license. The minimum passing score is 26 questions 
answered correctly.
    (2) Element 3(A): 30 questions concerning the privileges of a 
Technician Class operator license. The minimum passing score is 22 
questions answered correctly.
    (3) Element 3(B): 30 questions concerning the privileges of a 
General Class operator license. The minimum passing score is 22 
questions answered correctly.
    (4) Element 4(A): 50 questions concerning the additional privileges 
of an Advanced Class operator license. The minimum passing score is 37 
questions answered correctly.
    (5) Element 4(B): 40 questions concerning the additional privileges 
of an Amateur Extra Class operator license. The minimum passing score is 
30 questions answered correctly.
    (c) The topics and number of questions required in each question set 
are listed below for the appropriate examination element:

----------------------------------------------------------------------------------------------------------------
                                                            Element:
                          Topics                               2         3(A)       3(B)       4(A)       4(B)
----------------------------------------------------------------------------------------------------------------
(1) FCC rules for the amateur radio services.............         10          5          4          6          8
(2) Amateur station operating procedures.................          2          3          3          1          4
(3) Radio wave propagation characteristics of amateur
 service frequency bands.................................          1          3          3          2          2
(4) Amateur radio practices..............................          4          4          5          4          4
(5) Electrical principles as applied to amateur station
 equipment...............................................          4          2          2         10          6
(6) Amateur station equipment circuit components.........          2          2          1          6          4
(7) Practical circuits employed in amateur station
 equipment...............................................          2          1          1         10          4
(8) Signals and emissions transmitted by amateur stations          2          2          2          6          4
(9) Amateur station antennas and feed lines..............          3          3          4          5          4
(10) Radiofrequency environmental safety practices at an
 amateur station.........................................          5          5          5          0          0
----------------------------------------------------------------------------------------------------------------


[[Page 611]]


[54 FR 25857, June 20, 1989, as amended at 61 FR 41019, Aug. 7, 1996]



Sec. 97.505  Element credit.

    (a) The administering VEs must give credit as specified below to an 
examinee holding any of the following documents:
    (1) An unexpired (or expired but within the grace period for 
renewal) FCC-granted Advanced Class operator license document: Elements 
1(B), 2, 3(A), 3(B), and 4(A).
    (2) An unexpired (or expired but within the grace period for 
renewal) FCC-granted General Class operator license document: Elements 
1(b), 2, 3(A), and 3(B).
    (3) An unexpired (or expired but within the grace period for 
renewal) FCC-granted Technician Plus Class operator (including a 
Technician Class operator license granted before February 14, 1991) 
license document: Elements 1(A), 2, and 3(A).
    (4) An unexpired (or expired but within the grace period for 
renewal) FCC-granted Technician Class operator license document: 
Elements 2 and 3(A).
    (5) An unexpired (or expired but within the grace period for 
renewal) FCC-granted Novice Class operator license document: Elements 
1(A) and 2.
    (6) A CSCE: Each element the CSCE indicates the examinee passed 
within the previous 365 days.
    (7) An unexpired (or expired for less than 5 years) FCC-issued 
commercial radiotelegraph operator license document or permit: Element 
1(C).
    (8) An expired or unexpired FCC-issued Technician Class operator 
license document granted before March 21, 1987: Element 3(B).
    (9) An expired or unexpired FCC-issued Technician Class license 
document granted before February 14, 1991: Element 1(A).
    (10) An unexpired (or expired but within the grace period for 
renewal), FCC-granted Novice, Technician Plus (including a Technician 
Class operator license granted before February 14, 1991), General, or 
Advanced Class operator license document, and an FCC Form 610 
containing:
    (i) A physician's certification stating that because the person is 
an individual with a severe handicap, the duration of which will extend 
for more than 365 days beyond the date of the certification, the person 
is unable to pass a 13 or 20 words per minute telegraphy examination; 
and
    (ii) A release signed by the person permitting the disclosure to the 
FCC of medical information pertaining to the person's handicap: Element 
1(C).
    (b) No examination credit, except as herein provided, shall be 
allowed on the basis of holding or having held any other license grant 
or document.

[59 FR 54834, Nov. 2, 1994]



Sec. 97.507  Preparing an examination.

    (a) Each telegraphy message and each written question set 
administered to an examinee must be prepared by a VE who has been 
granted an Amateur Extra Class operator license. A telegraphy message or 
written question set, however, may also be prepared for the following 
elements by a VE who has been granted an FCC operator license of the 
class indicated:
    (1) Element 3(B): Advanced Class operator.
    (2) Elements 1(A) and 3(A): Advanced or General Class operator.
    (3) Element 2: Advanced, General, Technician, or Technician Plus 
Class operator.
    (b) Each question set administered to an examinee must utilize 
questions taken from the applicable question pool.
    (c) Each telegraphy message and each written question set 
administered to an examinee for an amateur operator license must be 
prepared, or obtained from a supplier, by the administering VEs 
according to instructions from the coordinating VEC.
    (d) A telegraphy examination must consist of a message sent in the 
international Morse code at no less than the prescribed speed for a 
minimum of 5 minutes. The message must contain each required telegraphy 
character at least once. No message known to the examinee may be 
administered in a telegraphy examination. Each 5 letters of the alphabet 
must be counted as 1 word. Each numeral, punctuation mark

[[Page 612]]

and prosign must be counted as 2 letters of the alphabet.

[54 FR 25857, June 20, 1989, as amended at 58 FR 29126, May 19, 1993; 59 
FR 54834, Nov. 2, 1994]



Sec. 97.509  Administering VE requirements.

    (a) Each examination element for an amateur operator license must be 
administered by a team of at least 3 VEs at an examination session 
coordinated by a VEC. Before the session, the administering VEs or the 
VE session manager must ensure that public announcement is made stating 
the location and time of the session. The number of examinees at the 
session may be limited.
    (b) Each administering VE must:
    (1) Be accredited by the coordinating VEC;
    (2) Be at least 18 years of age;
    (3) Be a person who has been granted an FCC amateur operator license 
document of the class specified below:
    (i) Amateur Extra, Advanced, or General Class in order to administer 
a Novice, Technician, or Technician Plus Class operator license 
examination;
    (ii) Amateur Extra Class in order to administer a General, Advanced, 
or Amateur Extra Class operator license examination.
    (4) Not be a person whose grant of an amateur station license or 
amateur operator license has ever been revoked or suspended.
    (c) Each administering VE must be present and observing the examinee 
throughout the entire examination. The administering VEs are responsible 
for the proper conduct and necessary supervision of each examination. 
The administering VEs must immediately terminate the examination upon 
failure of the examinee to comply with their instructions.
    (d) No VE may administer an examination to his or her spouse, 
children, grandchildren, stepchildren, parents, grandparents, 
stepparents, brothers, sisters, stepbrothers, stepsisters, aunts, 
uncles, nieces, nephews, and in-laws.
    (e) No VE may administer or certify any examination by fraudulent 
means or for monetary or other consideration including reimbursement in 
any amount in excess of that permitted. Violation of this provision may 
result in the revocation of the grant of the VE's amateur station 
license and the suspension of the grant of the VE's amateur operator 
license.
    (f) No examination that has been compromised shall be administered 
to any examinee. Neither the same telegraphy message nor the same 
question set may be re-administered to the same examinee.
    (g) Passing a telegraphy receiving examination is adequate proof of 
an examinee's ability to both send and receive telegraphy. The 
administering VEs, however, may also include a sending segment in a 
telegraphy examination.
    (h) Upon completion of each examination element, the administering 
VEs must immediately grade the examinee's answers. The administering VEs 
are responsible for determining the correctness of the examinee's 
answers.
    (i) When the examinee is credited for all examination elements 
required for the operator license sought, 3 VEs must certify on the 
examinee's application document that the applicant is qualified for the 
license and that they have complied with these administering VE 
requirements. The certifying VEs are jointly and individually 
accountable for the proper administration of each examination element 
reported on the examinee's application FCC Form 610. The certifying VEs 
may delegate to other qualified VEs their authority, but not their 
accountability, to administer individual elements of an examination.
    (j) When the examinee does not score a passing grade on an 
examination element, the administering VEs must return the application 
document to the examinee and inform the examinee of the grade.
    (k) The administering VEs must accommodate an examinee whose 
physical disabilities require a special examination procedure. The 
administering VEs may require a physician's certification indicating the 
nature of the disability before determining which, if any, special 
procedures must be used.
    (l) The administering VEs must issue a CSCE to an examinee who 
scores a

[[Page 613]]

passsing grade on an examination element.
    (m) Within 10 days of the administration of a successful examination 
for an amateur operator license, the administering VEs must submit the 
application document to the coordinating VEC.

[59 FR 54834, Nov. 2, 1994, as amended at 61 FR 9953, Mar. 12, 1996; 62 
FR 17567, Apr. 10, 1997]



Sec. 97.511  Examinee conduct.

    Each examinee must comply with the instructions given by the 
administering VEs.

[59 FR 54835, Nov. 2, 1994]



Sec. 97.513  VE session manager requirements.

    (a) A VE session manager may be selected by the VE team for each 
examination session. The VE session manager must be accredited as a VE 
by the same VEC that coordinates the examination session. The VE session 
manager may serve concurrently as an administering VE.
    (b) The VE session manager may carry on liaison between the VE team 
and the coordinating VEC.
    (c) The VE session manager may organize activities at an examination 
session.

[62 FR 17567, Apr. 10, 1997]



Sec. 97.515-97.517  [Reserved]



Sec. 97.519  Coordinating examination sessions.

    (a) A VEC must coordinate the efforts of VEs in preparing and 
administering examinations.
    (b) At the completion of each examination session, the coordinating 
VEC must collect the FCC Form 610 documents and test results from the 
administering VEs. Within 10 days of collecting the FCC Form 610 
documents, the coordinating VEC must:
    (1) Screen each FCC Form 610 document;
    (2) Resolve all discrepancies appearing on the FCC Form 610 
documents and verify that the VEs' certifications are properly 
completed; and
    (3) For qualified examinees, forward electronically the data 
contained on the FCC Form 610 documents, or forward the FCC Form 610 
documents to: FCC, 1270 Fairfield Road, Gettysburg, PA 17325-7245. When 
the data is forwarded electronically, the coordinating VEC must retain 
the FCC Form 610 documents for at least 15 months and make them 
available to the FCC upon request.
    (c) Each VEC must make any examination records available to the FCC, 
upon request
    (d) The FCC may:
    (1) Administer any examination element itself;
    (2) Readminister any examination element previously administered by 
VEs, either itself or under the supervision of a VEC or VEs designated 
by the FCC; or
    (3) Cancel the operator/primary station license of any licensee who 
fails to appear for readministration of an examination when directed by 
the FCC, or who does not successfully complete any required element that 
is readministered. In an instancce of such cancellation, the person will 
be granted an operator/primary station license consistent with completed 
examination elements that have not been invalidated by not appearing 
for, or by failing, the examination upon readministration.

[54 FR 25857, June 20, 1989, as amended at 59 FR 54835, Nov. 2, 1994; 62 
FR 17567, Apr. 10, 1997]



Sec. 97.521  VEC qualifications.

    No organization may serve as a VEC unless it has entered into a 
written agreement with the FCC. The VEC must abide by the terms of the 
agreement. In order to be eligible to be a VEC, the entity must:
    (a) Be an organization that exists for the purpose of furthering the 
amateur service;
    (b) Be capable of serving as a VEC in at least the VEC region (see 
appendix 2) proposed;
    (c) Agree to coordinate examinations for any class of amateur 
operator license;
    (d) Agree to assure that, for any examination, every examinee 
qualified under these rules is registered without regard to race, sex, 
religion, national

[[Page 614]]

origin or membership (or lack thereof) in any amateur service 
organization;

[54 FR 25857, June 20, 1989, as amended at 58 FR 29127, May 19, 1993; 61 
FR 9953, Mar. 12, 1996]



Sec. 97.523  Question pools.

    All VECs must cooperate in maintaining one question pool for each 
written examination element. Each question pool must contain at least 10 
times the number of questions required for a single examination. Each 
question pool must be published and made available to the public prior 
to its use for making a question set. Each question on each VEC question 
pool must be prepared by a VE holding the required FCC-issued operator 
license. See Sec. 97.507(a) of this part.



Sec. 97.525  Accrediting VEs.

    (a) No VEC may accredit a person as a VE if:
    (1) The person does not meet minimum VE statutory qualifications or 
minimum qualifications as prescribed by this part;
    (2) The FCC does not accept the voluntary and uncompensated services 
of the person;
    (3) The VEC determines that the person is not competent to perform 
the VE functions; or
    (4) The VEC determines that questions of the person's integrity or 
honesty could compromise the examinations.
    (b) Each VEC must seek a broad representation of amateur operators 
to be VEs. No VEC may discriminate in accrediting VEs on the basis of 
race, sex, religion or national origin; nor on the basis of membership 
(or lack thereof) in an amateur service organization; nor on the basis 
of the person accepting or declining to accept reimbursement.



Sec. 97.527  Reimbursement for expenses.

    (a) VEs and VECs may be reimbursed by examinees for out-of-pocket 
expenses incurred in preparing, processing, administering, or 
coordinating an examination for an amateur operator license.
    (b) The maximum amount of reimbursement from any one examinee for 
any one examination at a particular session regardless of the number of 
examination elements taken must not exceed that announced by the FCC in 
a Public Notice. (The basis for the maximum fee is $4.00 for 1984, 
adjusted annually each January 1 thereafter for changes in the 
Department of Labor Consumer Price Index.)

[54 FR 25857, June 20, 1989, as amended at 58 FR 29127, May 19, 1993; 61 
FR 9953, Mar. 12, 1996]

Appendix 1 to Part 97--Places Where the Amateur Service is Regulated by 
                                 the FCC

    In ITU Region 2, the amateur service is regulated by the FCC within 
the territorial limits of the 50 United States, District of Columbia, 
Caribbean Insular areas [Commonwealth of Puerto Rico, United States 
Virgin Islands (50 islets and cays) and Navassa Island], and Johnston 
Island (Islets East, Johnston, North and Sand) and Midway Island (Islets 
Eastern and Sand) in the Pacific Insular areas.
    In ITU Region 3, the amateur service is regulated by the FCC within 
the Pacific Insular territorial limits of American Samoa (seven 
islands), Baker Island, Commonwealth of Northern Mariana Islands, Guam 
Island, Howland Island, Jarvis Island, Kingman Reef, Palmyra Island 
(more than 50 islets) and Wake Island (Islets Peale, Wake and Wilkes).

                   Appendix 2 to Part 97--VEC Regions

1. Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and 
Vermont.
2. New Jersey and New York.
3. Delaware, District of Columbia, Maryland and Pennsylvania.
4. Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, 
Tennessee and Virginia.
5. Arkansas, Louisiana, Mississippi, New Mexico, Oklahoma and Texas.
6. California.
7. Arizona, Idaho, Montana, Nevada, Oregon, Utah, Washington and 
Wyoming.
8. Michigan, Ohio and West Virginia.
9. Illinois, Indiana and Wisconsin.
10. Colorado, Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota 
and South Dakota.
11. Alaska.
12. Caribbean Insular areas.
13. Hawaii and Pacific Insular areas.

[[Page 615]]



PART 100--DIRECT BROADCAST SATELLITE SERVICE--Table of Contents




                     Subpart A--General Information

Sec.
100.1  Basis and purpose.
100.3  Definitions.

                  Subpart B--Administrative Procedures

100.11  Eligibility.
100.13  Application requirements.
100.15  Licensing procedures.
100.17  License term.
100.19  Due diligence requirements.

                    Subpart C--Technical Requirements

100.21  Technical requirements.

                    Subpart D--Operating Requirements

100.51  Equal employment opportunities.
100.53  Geographic service requirements.

            Subpart E--Competitive Bidding Procedures for DBS

100.71  DBS subject to competitive bidding.
100.72  Competitive bidding design for DBS construction permits.
100.73  Competitive bidding mechanisms.
100.74  Withdrawal, default and disqualification payments.
100.75  Bidding application (FCC Form 175 and 175-S Short-form).
100.76  Submission of upfront payments and down payments.
100.77  Long-form applications.
100.78  Permit grant, denial, default, and disqualification.
100.79  Prohibition of collusion.
100.80  Transfer disclosure.

    Authority: 47 U.S.C. 154, 303, 309, and 554.

    Source: 47 FR 31574, July 21, 1982, unless otherwise noted.



                     Subpart A--General Information



Sec. 100.1  Basis and purpose.

    (a) The rules following in this part are promulgated pursuant to the 
provisions of Title III of the Communications Act of 1934, as amended, 
which vests authority in the Federal Communications Commission to 
regulate radio transmissions and to issue licenses for radio stations.
    (b) The purpose of this part is to prescribe the manner in which 
parts of the radio frequency spectrum may be made available for the 
development of interim direct broadcast satellite service. Interim 
direct broadcast satellite systems shall be granted licenses pursuant to 
these interim rules during the period prior to the adoption of permanent 
rules. The Direct Broadcast Satellite Service shall operate in the 
frequency band 12.2-12.7 GHz.



Sec. 100.3  Definitions.

    Direct Broadcast Satellite Service. A radiocommunication service in 
which signals transmitted or retransmitted by space stations are 
intended for direct reception by the general public. In the Direct 
Broadcast Satellite Service the term direct reception shall encompass 
both individual reception and community reception.



                  Subpart B--Administrative Procedures



Sec. 100.11  Eligibility.

    An authorization for operation of a station in the Direct Broadcast 
Satellite Service shall 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 or 
by a foreign government or representative thereof, or by any corporation 
organized under the laws of a foreign country; or
    (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, their representatives, or by a foreign 
government or representatives 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.

[47 FR 31574, July 21, 1982, as amended at 61 FR 55581, Oct. 28, 1996]



Sec. 100.13  Application requirements.

    (a) Each application for an interim direct broadcast satellite 
system shall

[[Page 616]]

include a showing describing the type of service that will be provided, 
the technology that will be employed, and all other pertinent 
information. The application may be presented in narrative format.
    (b) Applicants may request specific frequencies and orbital 
positions. However, frequencies and orbital positions shall not be 
assigned until completion of the 1983 Region 2 Administrative Radio 
Conference for the Broadcasting-Satellite Service. The Commission shall 
generally consider all frequencies and orbital positions to be of equal 
value, and conflicting requests for frequencies and orbital positions 
will not necessarily give rise to comparative hearing rights as long as 
unassigned frequencies and orbital slots remain.



Sec. 100.15  Licensing procedures.

    (a) Each application for an interim direct broadcast satellite 
system shall be placed on public notice for 45 days, during which time 
interested parties may file comments and petitions related to the 
application.
    (b) A 45 day cut-off period shall also be established for the filing 
of applications to be considered in conjunction with the original 
application. Additional applications filed before the cut-off date shall 
be considered to have equal priority with the original application and 
shall be considered together in the assignment of frequencies and 
orbital positions. If applications have included requests for particular 
frequencies or orbital positions, the cut-off date shall be considered 
in establishing the priority of such requests.
    (c) Each application for an interim direct broadcast satellite 
system, after the public comment period and staff review, shall be acted 
upon by the Commission to determine if authorization of the proposed 
system is in the public interest.



Sec. 100.17  License term.

    (a) Licenses for non-broadcast facilities governed by this part will 
be issued for a period of ten (10) years. Licenses for broadcast 
facilities governed by this part will be issued for a period of five (5) 
years.
    (b) [Reserved]

[60 FR 65595, Dec. 20, 1995]



Sec. 100.19  Due diligence requirements.

    (a) All persons granted DBS authorizations shall proceed with 
diligence in constructing DBS systems. Permittees shall be required to 
complete contracting for construction of the satellite station(s) within 
one year of the grant of the construction permit. The satellite stations 
shall also be required to be in operation within six years of the 
construction permit grant.
    (b) In addition to the requirements stated in paragraph (a) of this 
section, all persons who receive new or additional DBS construction 
permits after January 19, 1996 shall complete construction of the first 
satellite in their respective DBS systems within four years of the grant 
of the construction permit. All satellite stations in such a DBS system 
shall be in operation within six years of the grant of the construction 
permit.
    (c) DBS permittees and licensees shall be required to proceed 
consistent with all applicable due diligence obligations, unless 
otherwise determined by the Commission upon proper showing in any 
particular case. Transfer of control of the construction permit shall 
not be considered to justify extension of these deadlines.

[60 FR 65595, Dec. 20, 1995]



                    Subpart C--Technical Requirements



Sec. 100.21  Technical requirements.

    Prior to the 1983 Regional Administrative Radio Conference for the 
Broadcasting-Satellite Service, interim direct broadcast satellite 
systems shall be operated in accordance with the sharing criteria and 
technical characteristics contained in Annexes 8 and 9 of the Final Acts 
of the World Administrative Radio Conference for the Planning of the 
Broadcasting-Satellite Service in Frequency Bands 11.7-12.2 GHz (in 
Regions 2 and 3) and 11.7-12.5 GHz (in Region 1), Geneva, 1977; 
Provided, however, That upon adequate showing systems may be implemented 
that use values for the technical characteristics different from those 
specified in the Final Acts if such action does not result in 
interference to other

[[Page 617]]

operational or planned systems in excess of that determined in 
accordance with Annex 9 of the Final Acts.



                    Subpart D--Operating Requirements



Sec. 100.51  Equal employment opportunities.

    (a) General policy. Equal opportunity in employment shall be 
afforded all licensees or permittees of direct broadcast satellite 
stations licensed as broadcasters to all qualified persons, and no 
person shall be discriminated against in employment because of race, 
color, religion, national origin, or sex.
    (b) Equal employment opportunity program. Each station shall 
establish, maintain, and carry out a positive continuing program of 
specific practices designed to assure equal opportunity in every aspect 
of station employment policy and practice. Under the terms of its 
program, a station shall:
    (1) Define the responsibility of each level of management to ensure 
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 the station's equal employment opportunity policy 
and program and its employment needs to sources of qualified applicants 
without regard to race, color, religion, national origin, or sex, and 
solicit their recruitment assistance on a continuing basis.
    (4) Conduct a continuing campaign to exclude every form of prejudice 
or discrimination based upon race, color, religion, national origin, or 
sex from the station's personnel policies and practices and working 
conditions.
    (5) Conduct 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 in the station.
    (c) Applicants for a construction permit for a new facility, for 
authority to obtain assignment of the construction permit or license of 
such a station, for authority to acquire control of an entity holding 
such construction permit or license, (other than pro forma or 
involuntary assignments of transfers) and for renewal of license, shall 
file with the FCC programs designed to provide equal employment 
opportunities for American Indians and Alaskan Natives; Asians and 
Pacific Islanders; Blacks, not of Hispanic origin; Hispanics; and women, 
or amendments to such programs. Guidelines for the preparation of such 
programs are set forth in Forms 396 and 396A. A program need not be 
filed by an applicant who employs or proposes to employ less than five 
full-time employees. Additionally, a program for minority group members 
need not be filed if minorities constitute less than five percent, in 
the aggregate, of the labor force in the applicant's labor recruitment 
area. Applicants exempt from the filing requirement should submit a 
statement of explanation with their applications.
    (d) Each licensee or permittee with five or more full-time employees 
shall file an annual employment report with the FCC on or before May 31 
of each year on FCC Form 395.
    (e) Notwithstanding other EEO provisions within these rules, an 
entity that uses an owned or leased DBS 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.

[47 FR 31574, July 21, 1982, as amended at 58 FR 42251, Aug. 9, 1993]



Sec. 100.53  Geographic service requirements.

    (a) Those holding DBS permits or licenses as of January 19, 1996 
must either:
    (1) Provide DBS service to Alaska and Hawaii from one or more 
orbital locations before the expiration of their current authorizations; 
or

[[Page 618]]

    (2) Relinquish their western DBS orbital/channel assignments at the 
following orbital locations: 148 deg. W.L., 157 deg.W.L., 166 deg. W.L., 
and 175 deg. W.L.
    (b) Those acquiring DBS authorizations after January 19, 1996 must 
provide DBS service to Alaska and Hawaii where such service is 
technically feasible from the acquired orbital location.

[60 FR 65595, Dec. 20, 1995]



            Subpart E--Competitive Bidding Procedures for DBS

    Source: 60 FR 65595, Dec. 20, 1995, unless otherwise noted.



Sec. 100.71  DBS subject to competitive bidding.

    Mutually exclusive initial applications to provide DBS service 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.



Sec. 100.72  Competitive bidding design for DBS construction permits.

    (a) The Commission will employ the following competitive bidding 
designs when choosing from among mutually exclusive initial applications 
to provide DBS service:
    (1) Single round sealed bid auctions (either sequential or 
simultaneous);
    (2) Sequential oral auctions;
    (3) Combined sealed bid-oral auctions;
    (4) Sequential multiple round electronic auctions; or
    (5) Simultaneous multiple round auctions.
    (b) The Wireless Telecommunications Bureau may design and test 
alternative procedures. The Wireless Telecommunications Bureau will 
announce by Public Notice before each auction the competitive bidding 
design to be employed in a particular auction.
    (c) The Wireless Telecommunications Bureau may use combinatorial 
bidding, which would allow bidders to submit all or nothing bids on 
combinations of construction permits, in addition to bids on individual 
construction permits. 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 Wireless Telecommunications Bureau may use single combined 
auctions, which combine bidding for two or more substitutable 
construction permits and award construction permits to the highest 
bidders until the available construction permits are exhausted. This 
technique may be used in conjunction with any type of auction.



Sec. 100.73  Competitive bidding mechanisms.

    (a) Sequencing. In sequential auctions, the Wireless 
Telecommunications Bureau will generally auction DBS construction 
permits in order of their estimated value, with the highest value 
construction permit being auctioned first. The Wireless 
Telecommunications Bureau may vary the sequence in which DBS 
construction permits will be auctioned.
    (b) Grouping. All DBS channels available for a particular orbital 
location will be auctioned as a block, unless the Wireless 
Telecommunications Bureau announces, by Public Notice prior to the 
auction, an alternative auction scheme. In the event the Wireless 
Telecommunications Bureau uses either a simultaneous multiple round 
competitive bidding design or combinatorial bidding, the Wireless 
Telecommunications Bureau will determine which construction permits will 
be auctioned simultaneously or in combination.
    (c) Bid increments and tie bids. The Wireless Telecommunications 
Bureau may, by announcement before or during an auction, establish, 
raise or lower minimum bid increments in dollar or percentage terms. The 
Wireless Telecommunications Bureau may establish and change maximum bid 
increments during an auction. The Wireless Telecommunications Bureau may 
also establish by Public Notice a suggested opening bid or a minimum 
opening bid on each construction permit. Where a tie bid occurs, the 
high bidder will be determined by the order in which the bids were 
received by the Commission.
    (d) Stopping rules. The Wireless Telecommunications Bureau may 
establish

[[Page 619]]

stopping rules before or during multiple round auctions in order to 
terminate an auction within a reasonable time.
    (e) Activity rules. The Wireless Telecommunications Bureau may 
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 or sequential multiple round electronic auction, each 
bidder will be automatically granted a certain number of waivers of such 
rule during the auction.



Sec. 100.74  Withdrawal, default and disqualification payments.

    (a) When the Commission conducts a sequential multiple round 
electronic auction or simultaneous multiple round auction pursuant to 
Sec. 100.72, the Wireless Telecommunications Bureau will impose payments 
on a bidder who withdraws a high bid during the course of the auction, 
who defaults on payments due, or who is disqualified.
    (b) A bidder who withdraws a high bid during the course of such an 
auction will be assessed a payment equal to the difference between the 
amount bid and the amount of the winning bid the next time the 
construction permit is offered for auction by the Commission. No 
withdrawal payment will 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) 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 (b) of this section plus an additional payment 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.
    (d) When the Commission conducts a sequential multiple round 
electronic auction, the Wireless Telecommunications Bureau will bar a 
bidder who withdraws a bid from continued participation in the auction 
of the withdrawn construction permit. When the Commission conducts any 
other type of auction, the Wireless Telecommunications Bureau may bar a 
bidder who withdraws a bid from continued participation in the bidding 
for the same construction permit or other construction permits offered 
in the same auction.
    (e) When the Commission conducts any type of auction other than 
those provided for in paragraphs (a), (b), (c), and (d) of this section, 
the Wireless Telecommunications Bureau may modify the payments to be 
paid in the event of bid withdrawal, default or disqualification; 
provided, however, that such payments shall not exceed the payments 
specified above.



Sec. 100.75  Bidding application (FCC Form 175 and 175-S Short-form).

    All applicants to participate in competitive bidding for DBS 
construction permits must submit applications on FCC Form 175 pursuant 
to the provisions of Sec. 1.2105 of this chapter. The Wireless 
Telecommunications Bureau will issue a Public Notice announcing the 
availability of DBS construction permits and the date of the auction for 
those construction permits. This Public Notice also will specify the 
date on or before which applicants intending to participate in a DBS 
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 any upfront 
payment that must be submitted, and the location where the application 
must be filed.



Sec. 100.76  Submission of upfront payments and down payments.

    (a) Bidders in DBS auctions will be required to submit an upfront 
payment in accordance with Sec. 1.2106 of this chapter, the amount of 
which will be announced by Public Notice prior to each auction.

[[Page 620]]

    (b) Winning bidders in a DBS auction must submit a down payment to 
the Commission in an amount sufficient to bring their total deposits up 
to 20 percent of their winning bids within ten (10) business days of the 
announcement of winning bidders.



Sec. 100.77  Long-form applications.

    Each winning bidder will be required to submit the information 
described in Secs. 100.13, 100.21, and 100.51 within thirty (30) days 
after being notified by Public Notice that it is the winning bidder. 
Each winner also will be required to file, by the same deadline, a 
signed statement describing its efforts to date and future plans to come 
into compliance with any applicable spectrum limitations, if it is not 
already in compliance. Such information shall be submitted pursuant to 
the procedures set forth in Sec. 100.13 and any associated Public 
Notices. Only auction winners will be eligible to file applications for 
DBS construction permits in the event of mutual exclusivity between 
applicants filing a short-form application.



Sec. 100.78  Permit 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 construction permit is ready for grant.
    (b) A bidder who withdraws its bid during the course of an auction, 
defaults on a payment due, or is disqualified, will be subject to the 
payments specified in Sec. 100.74.



Sec. 100.79  Prohibition of collusion.

    (a) Bidders are required to identify on their short-form 
applications any parties with whom they have entered into any consortium 
arrangements, joint ventures, partnerships or other agreements or 
understandings which relate in any way to the competitive bidding 
process. Bidders are also required to certify on their short-form 
applications that they have not entered into any explicit or implicit 
agreements, arrangements or understandings of any kind with any parties, 
other than those identified, regarding the amount of their bid, bidding 
strategies or the particular properties on which they will or will not 
bid.
    (b)(1) Except as provided in paragraphs (b)(2), (b)(3) and (b)(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 submits its downpayment, 
unless such applicants are members of a bidding consortium or other 
joint bidding arrangement identified on the bidder's short-form 
application.
    (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 that 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 
construction permits that may be used to serve the same or overlapping 
geographic 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 construction permits, provided that the 
parties to the agreement have not applied for construction permits that 
may be used to serve the same or overlapping geographic 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 construction permits that may be used to serve the same or 
overlapping geographic areas, 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

[[Page 621]]

which it has a consortium or joint bidding arrangement, and which have 
applied for construction permits that may be used to serve the same or 
overlapping geographic areas; 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.
    (c) Winning bidders are required to submit a detailed explanation of 
the terms and conditions and parties involved in any bidding consortia, 
joint venture, partnership or other agreement or arrangement they have 
entered into relating to the competitive bidding process prior to the 
close of bidding. Such arrangements must have been entered into prior to 
the filing of short-form applications pursuant to paragraphs (a) and (b) 
of this section.



Sec. 100.80  Transfer disclosure.

    Any entity that acquires a DBS license through competitive bidding, 
and seeks to transfer that license within six years of the initial 
license grant, must file, together with its application for FCC consent 
to the transfer, the associated contracts for sale, option agreements, 
management agreements, or other documents disclosing the total 
consideration received in return for the transfer of its license. The 
information submitted must include not only a monetary purchase price, 
but also any future, contingent, in-kind, or other consideration.



PART 101--FIXED MICROWAVE SERVICES--Table of Contents




                           Subpart A--General

Sec.
101.1  Scope and authority.
101.3  Definitions.

                  Subpart B--Applications and Licenses

                       General Filing Requirements

101.4  Transition plan.
101.5  Station authorization required.
101.7  Eligibility for station license.
101.9  Formal and informal applications.
101.11  Filing of applications, fees, and number of copies.
101.13  Application forms and requirements for private operational fixed 
          stations.
101.15  Application forms for common carrier fixed stations.
101.17   Performance requirements for the 38.6-40.0 GHz frequency band.
101.19  General application requirements.
101.21  Technical content of applications.
101.23  Waiver of rules.
101.25  Inconsistent or conflicting applications.
101.27  Repetitious applications.
101.29  Amendment of pending applications.
101.31  Special temporary, temporary, and conditional authorizations.
101.33  Who may sign applications.

                       Processing of Applications

101.35  Preliminary processing of applications.
101.37  Public notice period.
101.39  Dismissal and return of applications.
101.41  Ownership changes and agreements to amend or dismiss 
          applications or pleadings.
101.43  Opposition to applications.
101.45  Mutually exclusive applications.
101.47  Consideration of applications.
101.51  Comparative evaluation of mutually exclusive applications.

      License Transfers, Modifications, Conditions and Forfeitures

101.53  Assignment or transfer of station authorization.
101.55  Considerations involving transfer or assignment applications.
101.56  Partitioned service areas (PSAs) and disaggregated spectrum.
101.57  Modification of station license.
101.59  Processing of applications for facility minor modifications.
101.61  Certain modifications not requiring prior authorization.
101.63  Period of construction; certification of completion of 
          construction.
101.64  Service areas.
101.65  Forfeiture and termination of station authorizations.
101.67  License period.

Policies Governing Microwave Relocation From the 1850-1990 and 2110-2200 
                                MHZ Bands

101.69  Transition of the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 
          MHz bands from the fixed microwave services to personal 
          communications services and emerging technologies.
101.71  Voluntary negotiations.
101.73  Mandatory negotiations.
101.75  Involuntary relocation procedures.
101.77  Public safety licensees in the 1850-1990 MHz, 2110-2150 MHz, and 
          2160-2200 MHz bands.

[[Page 622]]

101.79  Sunset provisions for licensees in the 1850-1990 MHz, 2110-2150 
          MHz, and 2150-2160 MHz bands.
101.81  Future licensing in the 1850-1990 MHz, 2110-2150 MHz, and 2160-
          2200 MHz bands.

                     Subpart C--Technical Standards

101.101  Frequency availability.
101.103  Frequency coordination procedures.
101.105  Interference protection criteria.
101.107  Frequency tolerance.
101.109  Bandwidth.
101.111  Emission limitations.
101.113  Transmitter power limitations.
101.115  Directional antennas.
101.117  Antenna polarization.
101.119  Simultaneous use of common antenna structures.
101.121  Marking of antenna structures.
101.123  Quiet zones and Arecibo Coordination Zone.
101.125  Temporary fixed antenna height restrictions.
101.127  Topographical data.
101.129  Transmitter location.
101.131  Transmitter construction and installation.
101.133  Limitations on use of transmitters.
101.135  Shared use of radio stations and the offering of private 
          carrier service.
101.137  Interconnection of private operational fixed point-to-point 
          microwave stations.
101.139  Authorization of transmitters.
101.141  Microwave modulation.
101.143  Minimum path length requirements.
101.145  Interference to geostationary-satellites.
101.147  Frequency assignments.
101.149  Special requirements for operation in the band 38,600-40,000 
          MHz.
101.151  Use of signal boosters.

                   Subpart D--Operational Requirements

101.201  Station inspection.
101.203  Communications concerning safety of life and property.
101.205  Operation during emergency.
101.207  Suspension of transmission.
101.209  Operation of stations at temporary fixed locations for 
          communication between the United States and Canada or Mexico.
101.211  Operator requirements.
101.213  Station identification.
101.215  Posting of station authorization and transmitter identification 
          cards, plates, or signs.
101.217  Station records.

           Subpart E--Miscellaneous Common Carrier Provisions

101.301  National defense; free service.
101.303  Answers to notices of violation.
101.305  Discontinuance, reduction or impairment of service.
101.307  Tariffs, reports, and other material required to be submitted 
          to the Commission.
101.309  Requirement that licensees respond to official communications.
101.311  Equal employment opportunities.

                 Subpart F--Developmental Authorizations

101.401  Eligibility.
101.403  Scope of service.
101.405  Adherence to program of research and development.
101.407  Special procedure for the development of a new service or for 
          the use of frequencies not in accordance with the provisions 
          of the rules in this part.
101.409  Terms of grant; general limitations.
101.411  Supplementary showing required.
101.413  Developmental report required.

              Subpart G--Digital Electronic Message Service

101.501  Eligibility.
101.503  Digital Electronic Message Service Nodal Stations.
101.505  Frequencies.
101.507  Frequency stability.
101.509  Interference protection criteria.
101.511  Purpose and permissible service.
101.513  Transmitter power.
101.515  Emissions and bandwidth.
101.517  Antennas.
101.519  Interconnection.
101.521  Spectrum utilization.

  Subpart H--Private Operational Fixed Point-to-Point Microwave Service

101.601  Eligibility.
101.603  Permissible communications.

    Subpart I--Common Carrier Fixed Point-to-Point Microwave Service

101.701  Eligibility.
101.703  Permissible communications.
101.705  Renewal of station licenses.

            Subpart J--Local Television Transmission Service

101.801  Eligibility.
101.803  Frequencies.
101.805  Assignment of frequencies to mobile stations.
101.807  Transmitter power.
101.809  Bandwidth and emission limitations.
101.811  Modulation requirements.
101.813  Remote control operation of mobile television pickup stations.
101.815  Stations at temporary fixed locations.
101.817  Notification of station operation at temporary locations.

[[Page 623]]

101.819  Stations affected by coordination contour procedures.

                          Subpart K  [Reserved]

            Subpart L--Local Multipoint Distribution Service

101.1001  Eligibility.
101.1003  LMDS eligibility restrictions for incumbent LECs and cable 
          companies.
101.1005  Frequencies available.
101.1007  Geographic service areas and number of licenses.
101.1009  System operations.
101.1011  Construction requirements and criteria for renewal expectancy.
101.1013  Permissible communications services.
101.1015  Application form and contents.
101.1017  Requesting regulatory status.

           Subpart M--Competitive Bidding Procedures for LMDS

101.1101  LMDS service subject to competitive bidding.
101.1102  Competitive bidding design for LMDS.
101.1103  Competitive bidding mechanisms.
101.1104  Bidding application (FCC Forms 175 and 175-S).
101.1105  Submission of payments.
101.1106  Long-form application (FCC Form 600).
101.1107  Bidding credits for very small businesses, small businesses 
          and entrepreneurs; unjust enrichment.
101.1109  Certifications, disclosures, records maintenance and audits.
101.1110  Petitions to deny.
101.1111  Partitioning and disaggregation.
101.1112  Definitions.

  Subpart N--Competitive Bidding Procedures for the 38.6-40.0 GHz Band

101.1201  38.6-40.0 GHz subject to competitive bidding.
101.1202  Competitive bidding design for 38.6-40.0 GHz licensing.
101.1203  Competitive bidding mechanisms.
101.1204  Bidding application procedures.
101.1205  Submission of upfront payments and down payments.
101.1206  Long-form applications.
101.1207  Procedures for filing petitions to deny against long-form 
          applications.
101.1208  Bidding credits for small businesses.
101.1209  Definitions.

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

    Source: 61 FR 26677, May 28, 1996, unless otherwise noted.



                           Subpart A--General



Sec. 101.1  Scope and authority.

    (a) The purpose of the rules in this part is to prescribe the manner 
in which portions of the radio spectrum may be made available for 
private operational, common carrier, and Local Multipoint Distribution 
Service fixed, microwave operations that require transmitting facilities 
on land or in specified offshore coastal areas within the continental 
shelf.
    (b) The rules in this part are issued pursuant to the authority 
contained in 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.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23163, Apr. 29, 1997]



Sec. 101.3  Definitions.

    As used in this part:
    Antenna power gain. The ratio of the maximum radiation intensity to 
that of an isotropic (omnidirectional) radiator in the far field of its 
main (forward direction) lobe.
    Antenna power input. The radio frequency peak or RMS power, as the 
case may be, supplied to the antenna from the antenna transmission line 
and its associated impedance matching network.
    Antenna structure. The antenna, its supporting structure and 
anything attached to it.
    Assigned frequency. The center of the frequency band assigned to a 
station.
    Assigned frequency bandwidth. The frequency band within which the 
emission of a station is authorized; the width of the band equals the 
necessary bandwidth plus twice the absolute value of the frequency 
tolerance.
    Authorized bandwidth. The maximum bandwidth authorized to be used by 
a station as specified in the station license. (See Sec. 2.202 of this 
chapter)

[[Page 624]]

    Authorized frequency. The frequency, or frequency range, assigned to 
a station by the Commission and specified in the instrument of 
authorization.
    Authorized power. The maximum power a station is permitted to use. 
This power is specified by the Commission in the station's 
authorization.
    Automatic Transmitter Power Control (ATPC). ATPC is a feature of a 
digital microwave radio system that adjusts the transmitter output 
power. ATPC allows the transmitter to operate at less than maximum power 
for most of the time. In a radio employing ATPC, the transmit power is 
reduced during normal operation conditions. When the receiver detects a 
reduction in signal level, a control signal is sent to the far end 
transmitter, instructing it to increase the power output to compensate 
for the signal reduction. The power output is limited to the licensed 
(maximum) transmit power. Guidelines for use of ATPC are set forth in 
the TIA Telecommunications Systems Bulletin TSB 10, ``Interference 
Criteria for Microwave Systems (TSB 10).''
    Bandwidth occupied by an emission. The band of frequencies 
comprising 99 percent of the total radiated power extended to include 
any discrete frequency on which the power is at least 0.25 percent of 
the total radiated power.
    Bit rate. The rate of transmission of information in binary (two 
state) form in bits per unit time.
    Carrier. In a frequency stabilized system, the sinusoidal component 
of a modulated wave whose frequency is independent of the modulating 
wave; or the output of a transmitter when the modulating wave is made 
zero; or a wave generated at a point in the transmitting system and 
subsequently modulated by the signal; or a wave generated locally at the 
receiving terminal which when combined with the side bands in a suitable 
detector, produces the modulating wave.
    Carrier frequency. The output of a transmitter when the modulating 
wave is made zero.
    Central office. A landline termination center used for switching and 
interconnection of public message communication circuits.
    Common carrier fixed point-to-point microwave service. A common 
carrier public radio service rendered on microwave frequencies by fixed 
and temporary fixed stations between points that lie within the United 
States or between points to its possessions or to points in Canada or 
Mexico.
    Communication common carrier. Any person engaged in rendering 
communication service for hire to the public.
    Control point. An operating position at which an operator 
responsible for the operation of the transmitter is stationed and which 
is under the control and supervision of the licensee.
    Control station. A fixed station, the transmissions of which are 
used to control automatically the emissions or operations of a radio 
station, or a remote base station transmitter.
    Coordination area. The area associated with a station outside of 
which another station sharing the same or adjacent frequency band 
neither causes nor is subject to interfering emissions greater than a 
permissible level.
    Coordination contour. The line enclosing the coordination area.
    Coordination distance. The distance on a given azimuth from a 
station beyond which another station neither causes nor is subject to 
interfering emissions greater than a permissible level.
    Digital Electronic Message Nodal Station. A fixed point-to-
multipoint radio station in a Digital Electronic Message Service 
providing two-way communication with Digital Electronic Message User 
Stations.
    Digital Electronic Message Service. A two-way end-to-end fixed radio 
service utilizing digital termination systems for the exchange of 
digital information. This service may also make use of point-to-point 
microwave facilities, satellite facilities or other communications media 
to interconnect digital termination systems to comprise a network.
    Digital Electronic Message User Station. Any one of the fixed 
microwave radio stations located at users' premises, lying within the 
coverage area of a Digital Electronic Message Nodal Station, and 
providing two-way digital communications with the Digital Electronic 
Message Nodal Station.

[[Page 625]]

    Digital modulation. The process by which some characteristic 
(frequency, phase, amplitude or combinations thereof) of a carrier 
frequency is varied in accordance with a digital signal, e.g., one 
consisting of coded pulses or states.
    Drop point. A term used in the point-to-point microwave radio 
service to designate a terminal point where service is rendered to a 
subscriber.
    Earth station. A station located either on the Earth's surface or 
within the major portion of Earth's atmosphere and intended for 
communication:
    (1) With one or more space stations; or
    (2) With one or more stations of the same kind by means of one or 
more reflecting satellites or other objects in space.
    Effective Radiated Power (ERP). The product of the power supplied to 
the antenna and its gain relative to a 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.
    Exchange. A unit of a communication company or companies for the 
administration of communication service in a specified area, which 
usually embraces a city, town, or village and its environs, and 
consisting of one or more central offices, together with the associated 
plant, used in furnishing communication service in that area.
    Exchange area. The geographic area included within the boundaries of 
an exchange.
    Fixed satellite earth station. An earth station intended to be used 
at a specified fixed point.
    Fixed relay station. A fixed station associated with one or more 
stations, established to receive radio signals directed to it and to 
retransmit them automatically on a fixed service frequency.
    Fixed service. A radio communications service between specified 
fixed points.
    Fixed station. A station in the fixed service.
    Frequency tolerance. The maximum permissible departure by the center 
frequency of the frequency band occupied by an emission from the 
assigned frequency or, by the characteristic frequency of an emission 
from the reference frequency.
    Note: The frequency tolerance is expressed as a percentage or in 
Hertzs.
    General communication. Two-way voice communication, through a base 
station, between:
    (1) A common carrier land mobile or airborne station and a landline 
telephone station connected to a public message landline telephone 
system;
    (2) Two common carrier land mobile stations;
    (3) Two common carrier airborne stations;
    (4) A common carrier land mobile station and a common carrier 
airborne station.
    Harmful interference. Interference that endangers the functioning of 
a radionavigation service or of other safety services or seriously 
degrades, obstructs or repeatedly interrupts a radiocommunication 
service operating in accordance with these regulations.
    Internodal link. A point-to-point communications link used to 
provide communications between nodal stations or to interconnect nodal 
stations to other communications media.
    Landing area. A landing area means any locality, either of land or 
water, including airports and intermediate landing fields, which is 
used, or approved for use for the landing and take-off of aircraft, 
whether or not facilities are provided for the shelter, servicing, or 
repair of aircraft, or for receiving or discharging passengers or cargo.
    Local Multipoint Distribution Service Backbone Link. A point-to-
point radio service link in a Local Multipoint Distribution Service 
System that is used to interconnect Local Multipoint Distribution 
Service Hub Stations with each other or with the public switched 
telephone network.
    Local Multipoint Distribution Service Hub Station. A fixed point-to-
point or point-to-multipoint radio station in a Local Multipoint 
Distribution Service System that provides one-way or two-way 
communication with Local Multipoint Distribution Service Subscriber 
Stations.
    Local Multipoint Distribution Service Subscriber Station. Any one of 
the fixed

[[Page 626]]

microwave radio stations located at users' premises, lying within the 
coverage area of a Local Multipoint Distribution Service Hub Station, 
capable of receiving one-way communications from or providing two-way 
communications with the Local Multipoint Distribution Service Hub 
Station.
    Local Multipoint Distribution Service System. A fixed point-to-point 
or point-to-multipoint radio system consisting of Local Multipoint 
Distribution Service Hub Stations and their associated Local Multipoint 
Distribution Service Subscriber Stations.
    Local television transmission service. A public radio communication 
service for the transmission of television material and related 
communications.
    Long haul system. A microwave system licensed under this part in 
which the longest radio circuit of tandem radio paths exceeds 402 
kilometers.
    Master station. A station in a multiple address radio system that 
controls, activates or interrogates four or more remote stations. Master 
stations performing such functions may also receive transmissions from 
remote stations.
    Message center. The point at which messages from members of the 
public are accepted by the carrier for transmission to the addressee.
    Microwave frequencies. As used in this part, this term refers to 
frequencies of 890 MHz and above.
    Microwave link. A link is defined as a simplex communications 
circuit between two points utilizing a single frequency/polarization 
assignment. A duplex communications circuit would require two links, one 
link in each direction.
    Miscellaneous common carriers. Communications common carriers that 
are not engaged in the business of providing either a public landline 
message telephone service or public message telegraph service.
    Mobile earth station. An earth station intended to be used while in 
motion or during halts at unspecified points.
    Mobile service. A radio communication service between mobile and 
land stations or between mobile stations.
    Mobile station. A station in the mobile service intended to be used 
while in motion or during halts at unspecified points.
    Multiple address system (MAS). A point-to-multipoint radio 
communications system, either one-way or two-way, utilizing frequencies 
in accordance with Sec. 101.147 and serving a minimum of four unique 
remote stations. Each master station must serve at least its own four 
remotes. The remote stations must be scattered over the service area in 
such a way that two or more point-to-point systems would be needed to 
serve those remotes.
    National Spatial Reference System. The National Spatial Reference 
System (NSRS) is the name given to all Geodetic Control information 
contained in the National Geodetic Survey (NGS) Data Base. This 
includes: A, B, First, Second, and Third Order horizontal and vertical 
control observed by NGS as well as data submitted by other agencies 
(i.e., USGS, BLM, States, Counties, Cities, and private surveying 
organizations).
    Necessary bandwidth. For a given class of emission, the width of the 
frequency band that is just sufficient to ensure the transmission of 
information at the rate and with the quality required under specified 
conditions. The necessary bandwidth may be calculated using the formulas 
in Sec. 2.202 of this chapter.
    Nodal station. The central or controlling station in a radio system 
operating on point-to-multipoint frequencies in the 2.5, 10.6, or 18 GHz 
bands.
    Occupied bandwidth. The width of a frequency bandwidth such that, 
below the lower and above the upper frequency limits, the mean powers 
emitted are each equal to a specified percentage, B/2 of the total mean 
power of a given emission. Unless otherwise specified by the CCIR for 
the appropriate class of emission, the value of B/2 should be taken as 
0.5%.
    Note: The percentage of the total power outside the occupied 
bandwidth is represented by B.
    Operational fixed station. A private fixed station not open to 
public correspondence.
    Passive repeater. A re-radiation device associated with a 
transmitting/receiving antenna system that re-directs intercepted 
radiofrequency energy. For

[[Page 627]]

example, it may consist of reflector(s) or back-to-back parabolic or 
horn antennas.
    Path length. The total distance of a path from the transmit to the 
receive antenna, inclusive of all passive repeaters, if any.
    Periscope antenna system. An antenna system which involves the use 
of a passive reflector to deflect radiation from or to a directional 
transmitting or receiving antenna which is oriented vertically or near 
vertically.
    Prior coordination. A bilateral process conducted prior to filing 
applications which includes the distribution of the technical parameters 
of a proposed radio system to potentially affected parties for their 
evaluation and timely response.
    Private carrier. An entity licensed in the private service and 
authorized to provide communications service to other private service 
eligibles on a commercial basis.
    Private line service. A service whereby facilities for communication 
between two or more designated points are set aside for the exclusive 
use or availability for use of a particular customer and authorized 
users during stated periods of time.
    Private operational fixed point-to-point microwave service. A 
private line radio service rendered on microwave frequencies by fixed 
and temporary fixed stations between points that lie within the United 
States or between points to its possessions or to points in Canada or 
Mexico.
    Public correspondence. Any telecommunication which the offices and 
stations must, by reason of their being at the disposal of the public, 
accept for transmission.
    Public message service. A service whereby facilities are offered to 
the public for communication between all points served by a carrier or 
by interconnected carriers on a non-exclusive message by message basis, 
contemplating a separate connection for each occasion of use.
    Radio station. A separate transmitter or a group of transmitters 
under simultaneous common control, including the accessory equipment 
required for carrying on a radiocommunication service.
    Radiocommunication. Telecommunication by means of radio waves.
    Rated power output. The maximum radio frequency power output 
capability (peak or average power) of a transmitter, under optimum 
conditions of adjustment and operation, specified by its manufacturer.
    Record communication. Any transmission of intelligence which is 
reduced to visual record form at the point of reception.
    Reference frequency. A frequency having a fixed and specified 
position with respect to the assigned frequency. The displacement of 
this frequency with respect to the assigned frequency has the same 
absolute value and sign that the displacement of the characteristic 
frequency has with respect to the centre of the frequency band occupied 
by the emission.
    Relay station. A fixed station used for the reception and 
retransmission of the signals of another station or stations.
    Remote station. A fixed station in a multiple address radio system 
that transmits one-way to one or more central receive sites, controls a 
master station, or is controlled, activated or interrogated by, and may 
respond to, a master station.
    Repeater station. A fixed station established for the automatic 
retransmission of radiocommunications received from one or more mobile 
stations and directed to a specified location; for public mobile radio 
operations, a fixed station that automatically retransmits the mobile 
communications and/or transmitter information about the base station, 
along a fixed point-to-point link between the base station and the 
central station.
    Secondary operations. Radio communications which may not cause 
interference to operations authorized on a primary basis and which are 
not protected from interference from these primary operations.
    Short haul system. A microwave system licensed under this part in 
which the longest radio circuit of tandem radio paths does not exceed 
402 kilometers.
    Signal booster. A device at a fixed location which automatically 
receives, amplifies, and retransmits on a one-

[[Page 628]]

way or two-way basis, the signals received from base, fixed, mobile, and 
portable stations, with no change in frequency or authorized bandwidth. 
A signal booster may be either narrowband (Class A), in which case the 
booster amplifies only those discrete frequencies intended to be 
retransmitted, or broadband (Class B), in which case all signals within 
the passband of the signal booster filter are amplified.
    Signaling communication. One-way communications from a base station 
to a mobile or fixed receiver, or to multi-point mobile or fixed 
receivers by audible or subaudible means, for the purpose of actuating a 
signaling device in the receiver(s) or communicating information to the 
receiver(s), whether or not the information is to be retained in record 
form.
    Standby transmitter. A transmitter installed and maintained for use 
in lieu of the main transmitter only during periods when the main 
transmitter is out of service for maintenance or repair.
    Symbol rate. Modulation rate in bauds. This rate may be higher than 
the transmitted bit rate as in the case of coded pulses or lower as in 
the case of multilevel transmission.
    Telegraphy. A form of telecommunication which is concerned in any 
process providing transmission and reproduction at a distance of 
documentary matter, such as written or printed matter or fixed images, 
or the reproduction at a distance of any kind of information in such a 
form. Unless otherwise specified, telegraphy means a form of 
telecommunication for the transmission of written matter by the use of 
signal code.
    Telemetering. The use of telecommunication for automatic indicating 
or recording measurements at a distance from the measuring instrument.
    Telephony. A form of telecommunication set up for the transmission 
of speech, or in some cases, other sounds.
    Television. A form of telecommunication for transmission of 
transient images of fixed or moving objects.
    Temporary fixed station. A station established in a non-permanent 
mode (temporary) at a specified location for a short period of time, 
ranging up to one year. Temporary-fixed operations are itinerant in 
nature, and are not to be confused with mobile-type operations.
    Video entertainment material. The transmission of a video signal 
(e.g. United States Standard Monochrome or National Television Systems 
Committee 525-line television) and an associated audio signal which is 
designed primarily to amuse or entertain, such as movies and games.

[61 FR 26677, May 28, 1996, as amended at 61 FR 29693, June 12, 1996; 61 
FR 31052, June 19, 1996; 61 FR 44181, Aug. 28, 1996; 62 FR 23163, Apr. 
29, 1997]



                  Subpart B--Applications and Licenses

                       General Filing Requirements



Sec. 101.4  Transition plan.

    (a) All systems subject to parts 21 and 94 of this chapter in effect 
as of July 31, 1996, which are licensed or which are proposed in an 
application on file, as of July 31, 1996, are subject to the 
requirements under part 21 or part 94 of this chapter as contained in 
the CFR edition revised as of October 1, 1995 and amended in the Federal 
Register through July 31, 1996, as applicable.
    (b) For purposes of this section, a ``system'' shall include:
    (1) The originally licensed system;
    (2) Any modification to the original system involving a change in 
antenna azimuth, antenna beam width, channel loading, emission, station 
location, antenna height, authorized power, or authorized frequencies;
    (3) Additional links constructed to complete an integrated 
communications network; or
    (4) Operationally connecting new facilities and/or frequencies.
    (c) All radio frequency devices authorized pursuant to part 2 of 
this chapter as being in compliance with applicable part 21 or part 94 
of this chapter in effect as of July 31, 1996, requirements can be used 
indefinitely with systems licensed under this part 101.

[[Page 629]]



Sec. 101.5  Station authorization required.

    (a) No radio transmitter shall be operated in this service except 
under and in accordance with a proper station authorization granted by 
the Federal Communications Commission. Except as provided in paragraph 
(d) of this section, no construction, modification or operation of a 
station may be commenced without an authorization from the Commission.
    (b) A separate application form must be filed for each Digital 
Electronic Message Service Nodal Station. No license is required for a 
Digital Electronic Message User Station. Authority for a Digital 
Electronic Message Nodal Station licensee to serve a specific number of 
user stations to be licensed in the name of the carrier must be 
requested on FCC Form 494 filed for the Digital Electronic Message Nodal 
Station.
    (c) If construction and or operation may have a significant 
environmental impact as defined by Sec. 1.1307 of this chapter, 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.
    (d) For stations authorized under subpart H (Private Operational 
Fixed Point-to-Point Microwave Service), subpart I (Common Carrier Fixed 
Point-to-Point Microwave Service), and subpart L of this part (Local 
Multipoint Distribution Service), construction of new or modified 
stations may be initiated prior to grant of an authorization. As a 
condition to commencing construction under this paragraph (d), the 
Commission may, at any time and without hearing or notice, prohibit such 
construction for any reason. Any construction conducted under this 
paragraph is at the applicant's sole risk.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23164, Apr. 29, 1997]



Sec. 101.7  Eligibility for station license.

    (a) A station license may not be granted to or held by a foreign 
government or by a representative of a foreign government.
    (b) In the Common Carrier service, a station license may not be 
granted or held by:
    (1) Any alien or the representative of any alien;
    (2) Any corporation organized under the laws of any foreign 
government;
    (3) Any corporation of which 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; or
    (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 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.

[61 FR 26677, May 28, 1996, as amended at 61 FR 55581, Oct. 28, 1996]



Sec. 101.9  Formal and informal applications.

    (a) Except for an authorization under any of the proviso clauses of 
section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a)), the 
Commission will grant the following authorizations only upon written 
application: Station licenses; modifications of station licenses; 
renewals of station licenses; extensions of time to construct; transfers 
and assignments of station licenses or of any rights thereunder.
    (b) Except as may be otherwise permitted by this part, a separate 
written application must be filed for each instrument of authorization 
requested. Applications may be:
    (1) ``Formal applications'' where the Commission has prescribed in 
this part a standard form; or
    (2) ``Informal applications'' (normally in letter form) where the 
Commission has not prescribed a standard form.
    (c) An informal application will be accepted for filing only if:
    (1) A standard form is not prescribed or clearly applicable to the 
authorization requested;

[[Page 630]]

    (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. 101.11  Filing of applications, fees, and number of copies.

    (a) Part 1 of this chapter contains information on application 
filing procedures and requirements for all services authorized under 
this part. All filings, unless they are filed electronically, must 
include the original application plus one copy. Instructions for 
electronic filing will be provided by public notice.
    (b) Applications or filings 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. Applications or filings not requiring fees must be 
submitted to: Federal Communications Commission, Common Carrier Radio 
Services, 1270 Fairfield Road, Gettysburg, PA 17325.
    (c) All correspondence or amendments concerning a submitted 
application must clearly identify the radio service, the name of the 
applicant, station location, and the Commission file number (if known) 
or station call sign of the application involved.
    (d) Except as otherwise specified, all applications, amendments, and 
correspondence must be signed as prescribed by part 1 of this chapter.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23164, Apr. 29, 1997]



Sec. 101.13  Application forms and requirements for private operational fixed stations.

    (a) A separate application must be submitted on FCC Form 402 for the 
following:
    (1) New station authorization for private operational fixed 
microwave station;
    (2) New authorization to operate one or more fixed stations at 
temporary locations in this service;
    (3) Modification of station license;
    (4) New station authorization or modification of license for each 
master station of a system consisting of a master station and its 
associated remote stations;
    (5) The Commission's consent to the complete or partial assignment 
of an authorization to another person or entity, or the transfer of 
control of an entity holding an authorization. In addition, the 
application must be accompanied by a signed letter from proposed 
assignor/transferor stating the desire to assign all or part of its 
right, title, and interest in and to such authorization, or to transfer 
control over the entity holding the authorization, stating the call sign 
and location of the station, and that, if applicable, the assignor will 
submit its current station authorization for cancellation upon 
completion of the assignment. Form 1046 may be used in lieu of this 
letter. Licensees who fail to consummate must modify their licenses to 
conform them to their initial state within 30 days of a failure to 
consummate; or
    (6) Amendment of any application.
    (b) An application for authority to operate a fixed station at 
temporary locations must specify the precise geographic area within 
which the operation will be confined. The area specified must be defined 
as a radius of operation about a given state or states, latitude/
longitude, or as a rectangular area bounded by upper and lower lines of 
latitude and longitude. Exception to this specific requirement may be 
made for exceptionally large areas, such as the continental United 
States. Sufficient data must be submitted to show the need for the 
proposed area of operation. If an operational-fixed station is 
authorized to be operated at temporary locations and actually remains, 
or is to remain, at the same location for a period of over a year, 
application for a permanent authorization specifying the fixed location 
must be made as soon as possible but not later than 30 days after the 
expiration of the one-year period.
    (c) A separate Form 402 for point-to-multipoint frequencies in the 
10.6, 18 GHz and 24 GHz bands must be filed for each Nodal Station 
except for operations consistent with Sec. 101.147. Each Nodal Station 
application must specify

[[Page 631]]

the service area that will be served by the station in terms of a 
distance radius or other geographical specification, and, if applicable, 
the Standard Metropolitan Statistical Area (SMSA) being served.
    (d) Application for renewal of station licenses must be submitted on 
such form as the Commission may designate by public notice. Applications 
for renewal must be made during the license term and, except for renewal 
applications in the 38.6-40.0 GHz band, should be filed within 90 days, 
but not later than 30 days, prior to the end of the license term. 
Renewal applications in the 38.6-40.0 GHz band must be filed eighteen 
months prior to the end of the license term. See Sec. 101.17 for renewal 
requirements for the 38.6-40.0 GHz frequency band. When a licensee 
submits a timely application for renewal of a station license, the 
existing license for that station will continue as a valid authorization 
until the Commission has made a final decision on the application. 
Whenever a group of station licenses in the same radio service are to be 
renewed simultaneously, a single ``blanket'' application may be filed to 
cover the entire group if the application identifies each station by 
call sign and station location. Applicants should note also any special 
renewal requirements under the rules for such radio station(s).
    (e) A separate application must be filed for each fixed master 
station in a Multiple Address System (MAS). Applications may include any 
number of remote stations in a single application, but must specify the 
geographic service area in which these remote stations will be located. 
Applications for mobile operations or for systems employing only remote 
stations must designate a reference point (set of coordinates) at or 
near the center of the area being served.
    (f) Cancellation of a license can be made by letter.

[61 FR 26677, May 28, 1996, as amended at 62 FR 24581, May 6, 1997; 63 
FR 6103, Feb. 6, 1998]



Sec. 101.15  Application forms for common carrier fixed stations.

    (a) New or modified facilities. Except for Local Multipoint 
Distribution Service in subpart L of this part, FCC Form 415 must be 
submitted and a license granted for each station. FCC Form 415 also must 
be submitted to amend any license application, to modify any license 
pursuant to Secs. 101.57(a) and 101.59, and to notify the Commission of 
modifications made pursuant to Sec. 101.61. Cancellation of a license 
may be made by letter.
    (b) Additional time to construct. FCC Form 701 (``Application for 
Additional Time to Construct Radio Station'') must be filed prior to the 
expiration of the time for construction noted in a conditional license 
to modify the license by extending the period of construction.
    (c) Renewal of station license. Except for renewal of special 
temporary authorizations and authorizations in the 38.6-40.0 GHz band, 
FCC Form 415 (``Application for Authorization in the Microwave 
Services'') must be filed by the licensee between thirty (30) and sixty 
(60) days prior to the expiration date of the license sought to be 
renewed. For authorizations in the 38.6-40.0 GHz band, the licensee must 
file FCC Form 415 eighteen months prior to the expiration date of the 
license sought to be renewed. See Sec. 101.17 for renewal requirements 
for the 38.6-40.0 GHz frequency band. Whenever a group of station 
licenses in the same radio service are to be renewed simultaneously, a 
single ``blanket'' application may be filed to cover the entire group if 
the application identifies each station by call sign and station 
location. Applicants should note also any special renewal requirements 
under the rules for each radio service. When a licensee submits a timely 
application for renewal of a station license, the existing license 
continues in effect until the Commission has rendered a decision on the 
renewal application.
    (d) Assignment of license. FCC Form 702 (``Application for Consent 
to Assignment of Radio Station Construction Authorization or License for 
Stations in Services Other than Broadcast'') must be submitted to assign 
voluntarily (as by, for example, contract or other agreement) or 
involuntarily (as by, for example, death, bankruptcy, or legal 
disability) the station authorization. In the case of involuntary 
assignment (or transfer of control) the

[[Page 632]]

application must be filed within 10 days of the event causing the 
assignment (or transfer of control). FCC Form 702 must also be used for 
non-substantial (pro forma) assignments. Whenever a group of station 
licenses in the same radio services are to be assigned to a single 
assignee, a single ``blanket'' application may be filed to cover the 
entire group, if the application identifies each station by call sign 
and station location. Licensees who fail to consummate must modify their 
licenses to conform them to their initial state within 30 days of a 
failure to consummate.
    (e) Partial assignment of license. Authorization for assignment from 
one company to another of only a part or portions of the facilities 
(transmitters) authorized under an existing license (as distinguished 
from an assignment of the facilities in their entirety) may be granted 
upon application:
    (1) By the assignor on FCC Form 494 for deletion of the assigned 
facilities (no fee required); and
    (2) By the assignee on FCC Form 494 with a request for 
recertification in the name of the assignee for frequencies eliminated 
from assignor's license (fee required). In the event that consummation 
does not occur, FCC Form 494 must be submitted to return the assignor's 
license to its original condition.
    (f) Transfer of control of corporation holding a conditional license 
or license. FCC Form 704 (``Application for Consent to Transfer of 
Control'') must be submitted in order to voluntarily or involuntarily 
transfer control (de jure or de facto) of a corporation holding any 
conditional licenses or licenses. FCC Form 704 must also be used for 
non-substantial (pro forma) transfers of control. Licensees who fail to 
consummate must modify their licenses to conform them to their initial 
state within 30 days of a failure to consummate.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23164, Apr. 29, 1997; 63 
FR 6103, Feb. 6, 1998]



Sec. 101.17   Performance requirements for the 38.6-40.0 GHz frequency band.

    (a) All 38.6-40.0 GHz band licensees must demonstrate substantial 
service at the time of license renewal. A licensee's substantial service 
showing should include, but not be limited to, the following information 
for each channel for which they hold a license, in each BTA or portion 
of a BTA covered by their license, in order to qualify for renewal of 
that license. The information provided will be judged by the Commission 
to determine whether the licensee is providing service which rises to 
the level of ``substantial.''
    (1) A description of the 38.6-40.0 GHz band licensee's current 
service in terms of geographic coverage;
    (2) A description of the 38.6-40.0 GHz band licensee's current 
service in terms of population served, as well as any additional service 
provided during the license term;
    (3) A description of the 38.6-40.0 GHz band licensee's investments 
in its system(s) (type of facilities constructed and their operational 
status is required);
    (b) Any 38.6-40.0 GHz band licensees adjudged not to be providing 
substantial service will not have their licenses renewed.

[63 FR 6103, Feb. 6, 1998]



Sec. 101.19  General application requirements.

    (a) Each application for a license or for consent to assignment or 
transfer of control must:
    (1) Disclose fully the real party (or parties) in interest, 
including (as required) a complete disclosure of the identity and 
relationship of those persons or entities directly or indirectly owning 
or controlling (or both) the applicant;
    (2) Demonstrate the applicant's legal, technical, and other 
qualifications to be a licensee;
    (3) Submit the information required by the Commission's rules, 
requests, and application forms;
    (4) Be maintained by the applicant substantially accurate and 
complete in all significant respects in accordance with the provisions 
of Sec. 1.65 of this chapter; and
    (5) Show compliance with the special requirements applicable to each 
radio service and make all special showings

[[Page 633]]

that may be applicable (e.g., those required by Secs. 101.103(d), 
101.701, and 101.1001 through 101.1015).
    (b) In addition to the general application requirements of 
Secs. 101.19 and 101.21, applicants must submit any additional 
documents, exhibits, or signed written statements of fact:
    (1) As may be required by the other parts of the Commission's rules, 
and the other subparts of this part (particularly subpart C and those 
subparts applicable to the specific radio service involved); and
    (2) As the Commission, at any time after the filing of an 
application and during the term of any authorization, may require from 
any applicant, permittee, or licensee to enable it to determine whether 
a radio authorization should be granted, denied, or revoked.
    (c) All applicants are required to indicate at the time their 
application is filed whether an authorization of the facilities is 
categorically excluded as defined by Sec. 1.1306 of this chapter. If 
answered affirmatively, an Environmental Assessment as described by 
Sec. 1.1311 of this chapter, need not be filed with the application.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23164, Apr. 29, 1997]



Sec. 101.21  Technical content of applications.

    Applications, except FCC Form 175, must contain all technical 
information required by the application form and any additional 
information necessary to fully describe the proposed facilities and to 
demonstrate compliance with all technical requirements of the rules 
governing the radio service involved (see subparts C, F, G, I, J, and L 
of this part, as appropriate). The following paragraphs describe a 
number of technical requirements.
    (a) Each application proposing a new or modified antenna structure 
for a station (including a receive-only or passive repeater) must 
indicate whether the owner has registered the structure with the 
Commission. Complete information as to rules concerning the 
registration, construction, marking and lighting of antenna structures 
is contained in part 17 of this chapter. See also Sec. 101.121 if the 
structure is used by more than one station.
    (b) Each application for construction permit for a developmental 
authorization must be accompanied by pertinent supplemental information 
as required by Sec. 101.411 in addition to such information as may be 
specifically required by this section.
    (c) An applicant proposing construction of one or more new stations 
or modification of existing stations must submit the location and 
telephone number (if known) of the maintenance center for a fixed 
microwave system. In lieu of providing the location and telephone number 
of the maintenance center(s) on a case by case basis, a licensee may 
file a complete list for all operational stations with the Commission 
and the Engineer-In-Charge of the appropriate radio district on an 
annual basis or at more frequent intervals as necessary to keep the 
information current.
    (d) Each application in the Private Operational Fixed Point-to-Point 
Microwave, Common Carrier Fixed Point-to-Point Microwave, Local 
Television Transmission, and Digital Electronic Message Services 
(excluding user stations) proposing a new or replacement antenna 
(excluding omnidirectional antennas) must include an antenna radiation 
pattern showing the antenna power gain distribution in the horizontal 
plane expressed in decibels, unless such pattern is known to be on file 
with the Commission in which case the applicant may reference in its 
application the FCC-ID number that indicates that the pattern is on file 
with the Commission.
    (e) Each application in the Private Operational Fixed Point-to-Point 
Microwave Service and the Common Carrier Fixed Point-to-Point Microwave 
Service must include the following information:

Applicant's name and address.
Transmitting station name.
Transmitting station coordinates.
Frequencies and polarizations to be added, changed or deleted.
Transmitting equipment type, its stability, actual output power, 
emission designator, and type of modulation (loading).
Transmitting antenna type(s), model, gain, and, if required, a radiation 
pattern provided or certified by the manufacturer.

[[Page 634]]

Transmitting antenna center line height(s) above ground level and ground 
elevation above mean sea level.
Receiving station name.
Receiving station coordinates.
Receiving antenna type(s), model, gain, and, if required, a radiation 
pattern provided or certified by the manufacturer.
Receiving antenna center line height(s) above ground level and ground 
elevation above mean sea level.
Path azimuth and distance.
Estimated transmitter transmission line loss expressed in dB.
Estimated receiver transmission line loss expressed in dB.
    Note: The position location of antenna sites shall be determined to 
an accuracy of no less than 1 second in the horizontal 
dimensions (latitude and longitude) and 1 meter in the 
vertical dimension (ground elevation) with respect to the National 
Spacial Reference System.
    (f) All applicants for regular authorization must, before filing an 
application, amendments to a pending application, or modifications to a 
license, prior coordinate the proposed frequency usage with existing 
users in the area and other applicants with previously filed 
applications in accordance with the procedures in Sec. 101.103. In those 
frequency bands shared with the communication-satellite service, an 
applicant for a new station, for new points of communication, for the 
initial frequency assignment in a shared band for which coordination has 
not been previously effected, or for authority to modify the emission or 
radiation characteristics of an existing station in a manner that may 
increase the likelihood of harmful interference, must ascertain in 
advance whether the station(s) involved lie within the great circle 
coordination distance contours of an existing Earth station or one for 
which an application has been accepted for filing, and must coordinate 
his proposal with each such Earth station operator or applicant. For 
each potential interference path, the applicant must perform the 
computations required to determine that the expected level of 
interference to or from the terrestrial station does not exceed the 
maximum permissible interference power level in accordance with the 
technical standards and requirements of Secs. 25.251-25.256 of this 
chapter. The Commission may, in the course of examining any application, 
require the submission of additional showings, complete with pertinent 
data and calculations in accordance with part 25 of this chapter, 
showing that harmful interference will not likely result from the 
proposed operation. (Technical characteristics of the Earth stations on 
file and coordination contour maps for those Earth stations will be kept 
on file for public inspection in the offices of the Commission's 
International Bureau in Washington, DC)
    (g) Each application in the Local Multipoint Distribution Service 
must contain all technical information required by FCC Form 600 and any 
other applicable form or associated Public Notices and by any applicable 
rules in this part.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23164, Apr. 29, 1997]



Sec. 101.23  Waiver of rules.

    Waivers of these rules may be granted upon application or on the 
Commission's own motion. A request for waiver shall contain a statement 
of reasons sufficient to justify a waiver. A waiver will not be granted 
except upon an affirmative showing that:
    (a) The underlying purpose of the rule will not be served, or would 
be frustrated, by its application in the particular case, and that grant 
of the waiver is otherwise in the public interest; or
    (b) The unique facts and circumstances of a particular case render 
application of the rule inequitable, unduly burdensome or otherwise 
contrary to the public interest. Applicants must also show the lack of a 
reasonable alternative.



Sec. 101.25  Inconsistent or conflicting applications.

    While an application is pending and undecided, no subsequent 
inconsistent or conflicting application may be filed by the same 
applicant, the applicant's successor or assignee, or on behalf or for 
the benefit of the same applicant, the applicant's successor or 
assignee.



Sec. 101.27  Repetitious applications.

    (a) Where an applicant has been afforded an opportunity for a 
hearing with respect to a particular application for a new station, or 
for an extension

[[Page 635]]

or enlargement of a service or facilities, and the Commission has, after 
hearing or default, denied the application or dismissed it with 
prejudice, the Commission will not consider a like application involving 
service of the same kind to the same area by the same applicant, or by 
the applicant's successor or assignee, or on behalf of or for the 
benefit of the original parties in interest, until after the lapse of 12 
months from the effective date of the Commission's order. The Commission 
may, for good cause shown, waive the requirements of this section.
    (b) Where an appeal has been taken from the action of the Commission 
denying a particular application, another application for the same class 
of station and for the same area, in whole or in part, filed by the same 
applicant or by the applicant's successor or assignee, or on behalf or 
for the benefit of the original parties in interest, will not be 
considered until the final disposition of such appeal.



Sec. 101.29  Amendment of pending applications.

    (a) 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. 101.51, or for the random selection process, 
or is not subject to the competitive bidding process, provided, however, 
that the amendments must comply with the provisions of Sec. 101.41 as 
appropriate.
    (b) Requests to amend an application designated for hearing or for 
comparative evaluation, or tentatively selected by the random selection 
process may be granted only if a written petition demonstrating good 
cause is submitted and properly served upon the parties of record.
    (c) The Commission will classify amendments on a case-by-case basis. 
Whenever previous amendments have been filed, the most recent amendment 
will be classified by reference to how the information in question stood 
as of the latest Public Notice issued which concerned the application. 
An amendment will be deemed to be a major amendment subject to 
Sec. 101.37 and Sec. 101.45 under any of the following circumstances:
    (1) If the amendment results in a substantial modification of the 
engineering proposal such as (but not necessarily limited to):
    (i) A change in, or an addition of a radio frequency channel;
    (ii) A change in polarization of the transmitted signal;
    (iii) An increase in the equivalent isotropically radiated power of 
three (3) dB or more;
    (iv) A change in type of transmitter emission or an increase in 
emission bandwidth of more than ten (10) percent;
    (v) A change in the geographic coordinates of a station's 
transmitting antenna of more than five (5) seconds of latitude or 
longitude, or both;
    (vi) A change of more than one (1) degree in the azimuth of the 
center of the main lobe of radiation of a point-to-point station's 
transmitting antenna (including any deflections by repeating devices);
    (vii) Any change which increases the antenna center line height by 
3.0 meters (ten (10) feet) or more;
    (viii) Any changes or combination of changes which would cause 
harmful electrical interference to an authorized facility or result in a 
mutually exclusive conflict with another pending application; or
    (ix) Any technical change that would increase the effective radiated 
power in any direction by more than one and one-half (1.5) dB in the 
Digital Electronic Message Service.
    (2) If the amendment would convert a proposal, such that it may have 
a significant impact upon the environment under Sec. 1.1307 of this 
chapter, 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.
    (3) If the amendment results in a substantial and material 
alteration of the proposed service.
    (4) If the amendment specifies a substantial change in beneficial 
ownership or control (de jure or de facto) of an applicant such that the 
change would require, in the case of an authorized station, the filing 
of a prior assignment or transfer of control application under section 
310(d) of the Communications

[[Page 636]]

Act of 1934 (47 U.S.C. 310(d)). Such a change would not be considered 
major where the assignment or transfer of control is for legitimate 
business purposes other than the acquisition of applications.
    (5) If the amendment, or the cumulative effect of the amendment, is 
determined by the Commission otherwise to be substantial pursuant to 
section 309 of the Communications Act of 1934.
    (d) A pending application may be amended by a major amendment to 
reflect the relocation of a proposed station site and a new application 
will not be required if:
    (1) The geographic coordinates of the new station site are within 
32.2 kilometers of the coordinates of the original site; and
    (2) The relocated station would serve essentially the same purpose 
in the system as originally proposed.
    (e) The applicant must serve copies of any amendments or other 
written communications upon the following parties:
    (1) Any applicant whose application appears on its face to be 
mutually exclusive with the application being amended, including those 
applicants originally served under Sec. 101.509;
    (2) Any applicant whose application has been found by the 
Commission, as published in a public notice, to be mutually exclusive 
with the application being amended; and
    (3) Any party who has filed a petition to deny the application or 
other formal objection, when that petition or formal objection has not 
been resolved by the Commission.
    (f) The Commission may waive the service requirements of paragraph 
(e) of this section and prescribe such alternative procedures as may be 
appropriate under the circumstances to protect petitioners' interests 
and to avoid undue delay in a proceeding, if an applicant submits a 
request for waiver which demonstrates that the service requirement is 
unreasonably burdensome. Requests for waiver must be served on 
petitioners. Oppositions to the petition may be filed within five (5) 
days after the petition is filed and must be served on the applicant. 
Replies to oppositions will not be entertained.
    (g) Any amendment to an application must be signed and must be 
submitted in the same manner, and with the same number of copies, as was 
the original application. Amendments may be made in letter form if they 
comply in all other respects with the requirements of this chapter.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23164, Apr. 29, 1997]



Sec. 101.31  Special temporary, temporary, and conditional authorizations.

    (a) Special temporary authorization. (1) In circumstances requiring 
immediate or temporary use of facilities, licensees subject to this part 
may request special temporary authority to install and/or operate new or 
modified equipment. Any such request may be submitted as an informal 
application in the manner set forth in Sec. 101.9 and must contain full 
particulars as to the proposed operation including all facts sufficient 
to justify the temporary authority sought and the public interest 
therein. No such request will be considered unless the request is 
received by the Commission at least 10 days prior to the date of 
proposed construction or operation or, where an extension is sought, 
expiration date of the existing temporary authorization.
    (2) Special temporary authorization may be granted upon written 
request in the following circumstances:
    (i) In emergency situations;
    (ii) To permit restoration or relocation of existing facilities to 
continue communication service;
    (iii) To conduct tests to determine necessary data for the 
preparation of an application for regular authorization;
    (iv) For a temporary, non-recurring service where a regular 
authorization is not appropriate;
    (v) In other situations involving circumstances which are of such 
extraordinary nature that delay in the institution of temporary 
operation would seriously prejudice the public interest.
    (3) The Commission may grant requests for special temporary 
authority without issuing the public notice provided for in Sec. 101.37 
for periods not exceeding 180 days, if there are extraordinary 
circumstances supporting the

[[Page 637]]

request and where delay in commencing temporary operation would 
seriously prejudice the public interest. Requests for special temporary 
authorization not involving extraordinary circumstances may be granted 
without public notice for a period of 30 days where an application for 
regular operation is not contemplated or for 60 days pending or after 
the filing of an application for regular operation. Requests for special 
temporary authority are issued on a strictly secondary, non-interfering 
basis, and do not in any way affect the final disposition of any 
application or action pending before the Commission.
    (4) Extension of a special temporary authorization for a period of 
180 days may be granted, but the renewing applicant bears a heavy burden 
to show that extraordinary circumstances warrant such an extension.
    (5) Request for special temporary authorization must contain the 
following information:
    (i) Name, address, and citizenship status of the applicant;
    (ii) Need for special action, including a description of any 
emergency or damage to equipment;
    (iii) Type of operation to be conducted;
    (iv) Purpose of operation;
    (v) Time and date of operation desired;
    (vi) Class of station and nature of service;
    (vii) Location of station and points with which station will 
communicate;
    (viii) Equipment to be used, specifying manufacturer, model number, 
and number of units;
    (ix) Frequency(s) desired;
    (x) Azimuth and beamwidth of major lobe of transmitting antenna and 
ERP;
    (xi) Type of emission;
    (xii) Description of antenna to be used, including height; and
    (xiii) Certification that prior coordination is complete.
    (6) In cases of emergency found by the Commission, involving danger 
to life or property or due to damage of equipment, or during a national 
emergency proclaimed by the President or declared by the Congress or 
during the continuance of any war in which the United States is engaged 
and when such action is necessary for the national defense or safety or 
otherwise in furtherance of the war effort, or in cases of emergency 
where the Commission finds that it would not be feasible to secure 
renewal applications from existing licensees or otherwise to follow 
normal licensing procedure, the Commission will grant construction 
permits and station licenses, or modifications or renewals thereof, 
during the emergency found by the Commission or during the continuance 
of any such national emergency or war, as special temporary licenses, 
only for the period of emergency or war, requiring such action, without 
the filing of formal applications.
    (b) Temporary authorizations. (1) Authorizations may be issued upon 
proper application for rendition of temporary service to subscribers 
under the following conditions:
    (i) When a fixed station, authorized to operate at temporary 
locations, is to remain at a single location for more than 6 months, an 
application (FCC Form 402 or 494, as appropriate) for a station 
authorization designating that single location as the permanent location 
shall be filed at least 90 days prior to the expiration of the 6-month 
period;
    (ii) The station shall be used only for rendition of communication 
service at a remote point where the provision of wire facilities is not 
practicable within the required time frame; and
    (iii) The antenna structure height employed at any location shall 
not exceed the criteria set forth in Sec. 17.7 of this chapter unless, 
in each instance, authorization for use of a specific maximum antenna 
structure height for each location has been obtained from the Commission 
prior to erection of the antenna. See Sec. 101.125.
    (2) Applications for authorizations to operate stations at temporary 
locations under the provisions of this section shall be made upon FCC 
Form 402 or 494, as appropriate. Blanket applications may be submitted 
for the required number of transmitters.
    (3) Except for operations in the 17.8-19.7 GHz band, the licensee of 
stations which are authorized pursuant to the provisions of paragraph 
(b) of this section shall notify the Commission at

[[Page 638]]

least five (5) days prior to installation of the facilities stating:
    (i) The call sign, manufacturer's name, type or model number, output 
power and specific location of the transmitter(s);
    (ii) The maintenance location for the transmitter;
    (iii) The location of the transmitting or receiving station with 
which it will communicate and the identity of the correspondent 
operating such facilities;
    (iv) The exact frequency or frequencies to be used;
    (v) The public interest, convenience and necessity to be served by 
operation of the proposed installation;
    (vi) The commencement and anticipated termination dates of operation 
from each location. In the event the actual termination date differs 
from the previous notification, written notice thereof promptly shall be 
given to the Commission;
    (vii) A notification shall include compliance with the provisions of 
Sec. 101.21(e) when operations are to be conducted in the area of other 
terrestrial microwave stations and with the provisions of Sec. 101.21(e) 
when operations are to be conducted within the coordination distance 
contours of a fixed earth station; and
    (viii) Where the notification contemplates initially a service which 
is to be rendered for a period longer than 90 days, the notification 
shall contain a showing as to why application should not be made for 
regular authorization.
    (4) Less than 5 days advance notice may be given when circumstances 
require shorter notice provided such notice is promptly given and the 
reasons in support of such shorter notice are stated.
    (5) A copy of the notification shall be kept with the station 
license.
    (6) Operations in the 17.8-19.7 GHz band are prohibited in the areas 
defined in Sec. 101.123(d)(2). Operations proposed in the areas defined 
in Sec. 101.123(d)(1) may not commence without prior specific 
notification to, and authorization from, the Commission. Such 
notification will contain the information specified in paragraph (b)(3) 
of this section.
    (c) Prior coordination. Stations authorized under this section may 
complete the prior coordination process orally and the period allowed 
for response to a coordination notification may be less than 30 days if 
the parties agree. The requirements under Sec. 101.103(d)(2)(i) for 
written documentation shall apply to such oral notice.
    (d) Certification. Any applicant under this section must submit a 
certification that neither the applicant nor any party to the applicant 
is subject to a denial of Federal benefits pursuant to section 5301 of 
the Anti-Drug Abuse Act of 1988, as required by Sec. 1.2002 of this 
chapter.
    (e) Conditional authorization. (1) An applicant for a new point-to-
point microwave radio station(s) or a modification of an existing 
station(s) in the 3,700-4,200; 5,925-6,425; 6,525-6,875; 10,550-10,680; 
10,700-11,700; 11,700-12,200; 12,200-12,700; 12,700-13,200; 13,200-
13,250; 17,700-19,700; and 21,200-23,600 MHz bands (see Sec. 101.147 for 
specific service usage) may operate the proposed station(s) during the 
pendency of its applications(s) upon the filing of a properly completed 
formal application(s) that complies with subpart B of part 101 if the 
applicant certifies that the following conditions are satisfied:
    (i) The frequency coordination procedures of Sec. 101.103 have been 
successfully completed;
    (ii) The antenna structure(s) has been previously studied by the 
Federal Aviation Administration and determined to pose no hazard to 
aviation safety as required by subpart B of part 17 of this chapter; or 
the antenna or tower structure does not exceed 6.1 meters above ground 
level or above an existing man-made structure (other than an antenna 
structure), if the antenna or tower has not been previously studied by 
the Federal Aviation Administration and cleared by the FCC;
    (iii) The grant of the application(s) does not require a waiver of 
the Commission's rules:
    (iv) The applicant has determined that the facility(ies) will not 
significantly affect the environment as defined in Sec. 1.1307 of this 
chapter;
    (v) The station site does not lie within 56.3 kilometers of any 
international border, within a radio ``Quiet Zone''

[[Page 639]]

identified in Sec. 101.123 or, if operated on frequencies in the 17.8-
19.7 GHz band, within any of the areas identified in Sec. 101.123(d);
    (vi) If operated on frequencies in the 10.6-10.68 GHz band, the 
station site does not lie within any of the following regions:

----------------------------------------------------------------------------------------------------------------
                                        Dimensions=radius in
           Name of region                    kilometers                           Center-point
----------------------------------------------------------------------------------------------------------------
Kitt Peak, Arizona..................                       60   N31-57-22; W111-36-42
Big Pine, California................                       60   N37-13-54; W118-16-34
Vandenburg AFB, California..........                       75   N34-43-00; W120-34-00
Denver, Colorado....................                      150   N39-43-00; W104-46-00
Washington, DC......................                      150   N38-48-00; W76-52-00
Eglin AFB, Florida..................                       50   N30-29-00; W86-32-00
Mauna Kea, Hawaii...................                       60   N19-48-16; W155-27-29
North Liberty, Iowa.................                       60   N41-46-17; W91-34-26
Maryland Point, Maryland............                       60   N38-22-26; W77-14-00
Hancock, New Hampshire..............                       60   N42-56-01; W71-59-12
Los Alamos, New Mexico..............                       60   N35-46-30; W106-14-42
Pie Town, New Mexico................                       60   N34-18-04; W108-07-07
Socorro, New Mexico.................                      160   N34-04-43; W107-37-04
WSMR, New Mexico....................                       75   N32-23-00; W106-29-00
Minot AFB, North Dakota.............                       80   N48-15-00; W101-17-00
Arecibo, Puerto Rico................                      160   N18-20-37; W66-45-11
Fort Davis, Texas...................                       60   N30-38-06; W103-56-39
St. Croix, Virgin Islands...........                       60   N17-45-31; W64-35-03
Brewster, Washington................                       60   N48-07-53; W119-40-55
Green Bank, West Virginia...........                      160   N38-25-59; W79-50-24
----------------------------------------------------------------------------------------------------------------

    (vii) The filed application(s) does not propose to operate in the 
21.2-23.6 GHz band with an E.R.P. greater than 55 dBm pursuant to 
Sec. 101.147(s); and
    (viii) The filed application(s) is consistent with the proposal that 
was coordinated pursuant to Sec. 101.103.
    (2) Conditional authority ceases immediately if the application(s) 
is returned by the Commission because it is not acceptable for filing.
    (3) A conditional authorization pursuant to paragraphs (e)(1) and 
(e)(2) of this section is evidenced by retaining the original executed 
conditional licensing Certification Form with the station records. 
Conditional authorization does not prejudice any action the Commission 
may take on the subject application(s). Conditional authority is 
accepted with the express understanding that such authority may be 
modified or cancelled by the Commission at any time without hearing if, 
in the Commission's discretion, the need for such action arises. An 
applicant operating pursuant to this conditional authority assumes all 
risks associated with such operation, the termination or modification of 
the conditional authority, or the subsequent dismissal or denial of its 
application(s).
    (4) The Certification Form, or a copy thereof, must be posted at 
each station operating pursuant to this section consistent with 
Sec. 101.215.

[61 FR 26677, May 28, 1996, as amended at 62 FR 55538, Oct. 27, 1997; 63 
FR 10779, Mar. 5, 1998]



Sec. 101.33  Who may sign applications.

    See part 1 of this chapter (Secs. 1.743 and 1.913), for practices 
and procedures governing signatures on applications, amendments and 
related statements of fact.

                       Processing of Applications



Sec. 101.35  Preliminary processing of applications.

    (a) Applications received for filing are given a file number. The 
assignment of a file number to an application is for administrative 
convenience and does not indicate the acceptance of the application for 
filing and processing and does not preclude the subsequent return of the 
application.
    (b) Applications that are incomplete with respect to answers, 
supplementary statements, execution, or other matters of a formal 
character will be considered defective and may be returned to the 
applicant with a brief statement as to such defects. If an applicant is 
requested by the Commission

[[Page 640]]

to file any additional documents or information not included in the 
prescribed application form, failure to comply with such request will be 
deemed to render the application defective, and such application may be 
dismissed. Applications will also be deemed to be defective and may be 
returned to the applicant in the following cases:
    (1) Statutory disqualification of applicant;
    (2) Proposed use or purpose of station would be unlawful;
    (3) Requested frequency is not allocated for assignment for the 
service proposed;
    (4) The submitted filing fee (if required) is insufficient;
    (5) The application does not demonstrate compliance with the special 
requirements applicable to the radio service involved;
    (6) The applications does not include all necessary exhibits; or
    (7) The application fails to meet any other Commission requirements.
    (c) Any application that has been returned to the applicant for 
correction will be processed in original order of receipt when 
resubmitted if it is received within 60 days from the date on which it 
was returned to the applicant and the change does not involve a major 
amendment. If the application is not resubmitted within the prescribed 
time, it will be treated as a new application and considered at the time 
other applications received on the same date are considered.
    (d) Applications considered defective under paragraph (b) of this 
section may be accepted for filing if:
    (1) The application is accompanied by a request which sets forth the 
reasons in support of a waiver of (or an exception to), in whole or in 
part, any specific rule, regulation, or requirement with which the 
application is in conflict; or
    (2) The Commission, upon its own motion, waives (or allows an 
exception to), in whole or in part, any rule, regulation or requirement.
    (e) Competitive bidding applications will be processed pursuant to 
part 1, subpart Q, of this chapter and subpart M of this part.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23164, Apr. 29, 1997]



Sec. 101.37  Public notice period.

    (a) At regular intervals, the Commission will issue a public notice 
listing:
    (1) The acceptance for filing of common carrier applications, Local 
Multipoint Distribution Service applications, and major amendments 
thereto;
    (2) Significant Commission actions concerning these applications;
    (3) The receipt of common carrier applications and Local Multipoint 
Distribution Service applications for minor modifications made pursuant 
to Sec. 101.59;
    (4) Information which the Commission in its discretion believes of 
public significance; and
    (5) Special environmental considerations as required by part 1 of 
this chapter.
    (b) A public notice will not normally be issued for any of the 
following applications:
    (1) For authorization of a minor technical change in the facilities 
of a proposed or authorized station where such a change would not be 
classified as a major amendment to a pending application, as defined by 
Sec. 101.29, or as a minor modification to a license pursuant to 
Sec. 101.59;
    (2) For temporary authorization pursuant to Sec. 101.31;
    (3) For an authorization under any of the proviso clauses of section 
308(a) of the Communications Act of 1934 (47 U.S.C. 308(a));
    (4) For consent to an involuntary assignment or transfer of control 
of a radio authorization; or
    (5) For consent to a voluntary assignment or transfer of control of 
a radio authorization, where the assignment or transfer does not involve 
a substantial change in ownership or control.
    (c) Except as otherwise provided in this part (e.g., Sec. 101.59), 
no application that has appeared on public notice will be granted until 
the expiration of a period of thirty days following the issuance of the 
public notice listing the application, or any major amendment

[[Page 641]]

thereto, or until the expiration of a period of thirty days following 
the issuance of a public notice identifying the tentative selectee of a 
random selection process, whichever is later.
    (d) The listing of an application on public notice as accepted for 
filing does not indicate that the application has been found by the 
Commission to be acceptable for filing and does not preclude the 
subsequent return of the application.
    (e) Paragraphs (a) through (c) of this section shall not apply to 
FCC Form 175.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23164, Apr. 29, 1997]



Sec. 101.39  Dismissal and return of applications.

    (a) Except as provided under paragraph (c) of this section and under 
Sec. 101.41, any application may, upon written request, be dismissed 
without prejudice as a matter of right prior to the adoption date of any 
final Commission action or the application's designation for hearing or 
comparative evaluation.
    (b) A request to dismiss an application without prejudice will be 
considered after designation for hearing, after selection through the 
comparative evaluation procedure of Sec. 101.51, or after selection as a 
tentative selectee in a random selection proceeding, only if:
    (1) A written petition is submitted to the Commission and, in the 
case of applications designated for hearing or comparative evaluation, 
is properly served upon all parties of record;
    (2) The petition is submitted before the issuance date of a public 
notice of Commission action denying the application; and
    (3) The petition complies with the provision of Sec. 101.41 
(whenever applicable) and demonstrates good cause.
    (c) Except as provided under Sec. 101.41, an application designated 
for inclusion in the random selection process may be dismissed without 
prejudice as a matter of right if the applicant requests its dismissal 
at least 2 days prior to a random selection proceeding.
    (d) Dismissal for failure to prosecute or for failure to respond to 
official correspondence or requests for additional information within a 
specified time period will be without prejudice prior to its designation 
for hearing, or tentative selection by the random selection process. 
Dismissal may be with prejudice after selection of the comparative 
evaluation process, or after selection as a tentative selectee in a 
random selection proceeding.



Sec. 101.41  Ownership changes and agreements to amend or dismiss applications or pleadings.

    (a) Except as provided in paragraph (b) of this section, applicants 
or any other parties in interest to pending applications must comply 
with the provisions of this section whenever:
    (1) They participate in any agreement (or understanding) which 
involves any consideration promised or received, directly or indirectly, 
including any agreement (or understanding) for merger of interests or 
the reciprocal withdrawal of applications; and
    (2) The agreement (or understanding) may result in either:
    (i) A proposed substantial change in beneficial ownership or control 
(dejure or de facto) of an applicant such that the change would require, 
in the case of an authorized station, the filing of a prior assignment 
or transfer of control application under section 310(d) of the 
Communications Act of 1934 (47 U.S.C. 310(d)), or
    (ii) Proposed withdrawal, amendment or dismissal of any 
application(s), amendment(s), petition(s), pleading(s), or any 
combination thereof, which would thereby permit the grant without 
hearing, comparative evaluation under Sec. 101.51, or random selection 
of an application previously in contested status.
    (b) The provisions of this section will not be applicable to any 
engineering agreement (or understanding) that:
    (1) Resolves frequency conflicts with authorized stations or other 
pending applications without the creation of new or increased frequency 
conflicts; and
    (2) Does not involve any consideration promised or received, 
directly or

[[Page 642]]

indirectly (including any merger of interests or reciprocal withdrawal 
of applications), other than the mutual benefit of resolving the 
engineering conflict.
    (c) For any agreement subject to this section, the applicant of an 
application which would remain pending pursuant to such an agreement 
will be considered responsible for the compliance by all parties with 
the procedures of this section. Failure of the parties to comply with 
the procedures of this section will constitute a defect in those 
applications which are involved in the agreement and remain in a pending 
status.
    (d) The principals to any agreement or understanding subject to this 
section must comply with the standards of paragraph (e) of this section 
in accordance with the following procedure:
    (1) Within ten (10) days after entering into the agreement, the 
parties thereto must jointly notify the Commission in writing of the 
existence and general terms of such agreement, the identity of all of 
the participants and the applications involved;
    (2) Within thirty (30) days after entering into the agreement, the 
parties thereto must file any proposed application amendments, motions, 
or requests together with a copy of the agreement which clearly sets 
forth all terms and provisions, and such other facts and information as 
necessary to satisfy the standards of paragraph (e) of this section. 
Such submission must be accompanied by the certification by affidavit of 
each principal to the agreement declaring that the statements made are 
true, complete, and correct to the best of their knowledge and belief, 
and are made in good faith; and
    (3) The Commission may request any further information which in its 
judgment it believes is necessary for a determination under paragraph 
(e) of this section.
    (e) The Commission will grant an application (or applications) 
involved in the agreement (or understanding) only if it finds upon 
examination of the information submitted, and upon consideration of such 
other matters as may be officially noticed, that the agreement is 
consistent with the public interest, and the amount of any monetary 
consideration and the cash value of any other consideration promised or 
received is not in excess of those legitimate and prudent costs directly 
assignable to the engineering, preparation, filing and advocacy of the 
withdrawn, dismissed, or amended application(s), amendment(s), 
petition(s), pleading(s), or any combination thereof. Where such costs 
represent the applicant's in-house efforts, these costs may include only 
directly assignable costs and must exclude general overhead expenses. 
(The treatment to be accorded such consideration for interstate rate 
making purposes will be determined at such time as the question may 
arise in an appropriate rate proceeding.) An itemized accounting must be 
submitted to support the amount of consideration involved except where 
such consideration (including the fair market value of any non-cash 
consideration) promised or received does not exceed one thousand dollars 
($1,000.00). Where consideration involves a sale of facilities or merger 
of interests, the accounting must clearly identify that portion of the 
consideration allocated for such facilities or interests and a detailed 
description thereof, including estimated fair market value. The 
Commission will not presume an agreement (or understanding) to be prima 
facie contrary to the public interest solely because it incorporates a 
mutual agreement to withdraw pending application(s), amendment(s), 
petition(s), pleading(s), or any combination thereof.



Sec. 101.43  Opposition to applications.

    (a) Any party in interest may file with the Commission a petition to 
deny any application for which public notice is required. All such 
petitions must:
    (1) Identify the application or applications including applicant's 
name, station location, Commission file numbers and radio service 
involved with which it is concerned;
    (2) Be filed in accordance with the pleading limitations, filing 
periods, and other applicable provisions of this part and part 1 of this 
chapter;
    (3) Contain specific allegations of fact (except for those of which 
official

[[Page 643]]

notice may be taken), supported by affidavit of a person or persons with 
personal knowledge thereof and be sufficient to make a prima facie 
showing that the petitioner is a party in interest and that a grant of 
the application would be inconsistent with the public interest, 
convenience and necessity;
    (4) Be filed within thirty (30) days after the date of public notice 
announcing the acceptance for filing of such applications or major 
amendments thereto, or, identifying the tentative selectee of a random 
selection proceeding (unless the Commission otherwise extends the 
deadline); and
    (5) Contain a certificate of service showing that the applicant has 
been mailed a copy of the petition no later than the date on which the 
petition is filed with the Commission.
    (b) The applicant may file an opposition to any petition to deny and 
the petitioner may file a reply thereto in which allegations of fact or 
denials thereof must be supported by an affidavit of a person or persons 
with personal knowledge thereof and be clearly identified. The applicant 
must serve a copy of the opposition on the petitioner, and the 
petitioner must serve a copy of its reply on the applicant. The time for 
filing such oppositions and replies are provided in Sec. 1.45 of this 
chapter.
    (c) Notwithstanding the provisions of paragraph (a) of this section, 
before Commission action on any application for an instrument of 
authorization, any person may file informal objections to the grant. The 
Commission will consider informal objections, but not necessarily 
discuss them in a written opinion, if the objection is filed at least 
one day prior to action on the application and the objection is signed 
by the submitting person with a disclosure of that person's interest. 
Such objections may be submitted in letter form. The limitation on 
pleadings and time for filing pleadings provided for in Sec. 1.45 of 
this chapter will not be applicable to any objections duly filed 
pursuant to this paragraph.
    (d) Petitions to deny not filed in accordance with paragraph (a) of 
this section will be treated as informal objections.



Sec. 101.45  Mutually exclusive applications.

    (a) The Commission will consider applications to be mutually 
exclusive if their conflicts are such that the grant of one application 
would effectively preclude by reason of harmful electrical interference, 
or other practical reason, the grant of one or more of the other 
applications. The Commission will presume ``harmful electrical 
interference'' exists when the levels of Sec. 101.105 are exceeded, or 
when there is a material impairment to service rendered to the public 
despite full cooperation in good faith by all applicants or parties to 
achieve reasonable technical adjustments which would avoid electrical 
conflict.
    (b) A common carrier application, except in the Local Multipoint 
Distribution Service, will be entitled to be included in a random 
selection process or to comparative consideration with one or more 
conflicting applications only if:
    (1) The application is mutually exclusive with the other 
application; and
    (2) The application is received by the Commission in a condition 
acceptable for filing by whichever ``cut-off'' date is earlier:
    (i) Sixty (60) days after the date of the public notice listing the 
first of the conflicting applications as accepted for filing; or
    (ii) One (1) business day preceding the day on which the Commission 
takes final action on the previously filed application (should the 
Commission act upon such application in the interval between thirty (30) 
and sixty (60) days after the date of its public notice).
    (c) Whenever three or more applications are mutually exclusive, but 
not uniformly so, the earliest filed application established the date 
prescribed in paragraph (b)(2) of this section, regardless of whether or 
not subsequently filed applications are directly mutually exclusive with 
the first filed application. (For example, applications A, B, and C are 
filed in that order. A and B are directly mutually exclusive, B and C 
are directly mutually exclusive. In order to be considered comparatively 
with B, C must be filed within the ``cut-off'' period established by A 
even

[[Page 644]]

though C is not directly mutually exclusive with A.)
    (d) Except for applications in the 38.6-40.0 GHz band, private 
operational fixed point-to-point microwave applications for 
authorization under this Part will be entitled to be included in a 
random selection process or to comparative consideration with one or 
more conflicting applications in accordance with the provisions of 
Sec. 1.227.(b)(4) of this chapter. Applications in the 38.6-40.0 GHz 
band are subject to competitive bidding procedures in Secs. 101.1201-
1209.
    (e) An application otherwise mutually exclusive with one or more 
previously filed applications, but filed after the appropriate date 
prescribed in paragraphs (b) or (d) of this section, will be returned 
without prejudice and will be eligible for refiling only after final 
action is taken by the Commission with respect to the previously filed 
application (or applications).
    (f) For the purposes of this section, any application (whether 
mutually exclusive or not) will be considered to be a newly filed 
application if it is amended by a major amendment (as defined by 
Sec. 101.29), except under any of the following circumstances:
    (1) The application has been designated for comparative hearing, or 
for comparative evaluation (pursuant to Sec. 101.51), and the Commission 
or the presiding officer accepts the amendment pursuant to 
Sec. 101.29(b);
    (2) The amendment resolves frequency conflicts with authorized 
stations or other pending applications which would otherwise require 
resolution by hearing, by comparative evaluation pursuant to 
Sec. 101.51, or by random selection pursuant to Sec. 101.49 provided 
that the amendment does not create new or additional frequency 
conflicts;
    (3) The amendment reflects only a change in ownership or control 
found by the Commission to be in the public interest, and for which a 
requested exemption from the ``cut-off'' requirements of this section is 
granted;
    (4) The amendment reflects only a change in ownership or control 
which results from an agreement under Sec. 101.41 whereby two or more 
applicants entitled to comparative consideration of their applications 
join in one (or more) of the existing applications and request dismissal 
of their other application (or applications) to avoid the delay and cost 
of comparative consideration;
    (5) The amendment corrects typographical, transcription, or similar 
clerical errors which are clearly demonstrated to be mistakes by 
reference to other parts of the application, and whose discovery does 
not create new or increased frequency conflicts; or
    (6) The amendment does not create new or increased frequency 
conflicts, and is demonstrably necessitated by events which the 
applicant could not have reasonably foreseen at the time of filing, such 
as, for example:
    (i) The loss of a transmitter or receiver site by condemnation, 
natural causes, or loss of lease or option;
    (ii) Obstruction of a proposed transmission path caused by the 
erection of a new building or other structure; or
    (iii) The discontinuance or substantial technological obsolescence 
of specified equipment, whenever the application has been pending before 
the Commission for two or more years from the date of its filing.
    (g) Applicants for the 932.5-935/941.5-944 MHz bands shall select a 
frequency pair. Applicants for these bands may select an unpaired 
frequency only upon a showing that spectrum efficiency will not be 
impaired and that unpaired spectrum is not available in other bands. 
During the initial filing window, frequency coordination is not 
required, except that an application for a frequency in the 942-944 MHz 
band must be coordinated to ensure that it does not affect an existing 
broadcast auxiliary service licensee. After the initial filing window, 
an applicant must submit evidence that frequency coordination has been 
performed with all licensees affected by the application. All frequency 
coordination must be performed in accordance with Sec. 101.103. In the 
event of mutually exclusive applications occurring during the initial 
filing window for the 932.5-935/941.5-944 MHz bands, applicants shall be 
given the opportunity to resolve these situations by applying for an 
alternative frequency pair, if one is available. To the extent that 
there are no other

[[Page 645]]

available frequencies or to the extent that mutually exclusive 
applications remain after this process is concluded, lotteries shall be 
conducted for each frequency pair among all remaining mutually exclusive 
applications, assuming appropriate coordination with existing broadcast 
auxiliary stations can be concluded, where necessary. In the event of 
mutually exclusive applications being received for these bands on the 
same day after the initial filing window has closed and a subsequent 
filing window opened, lotteries shall be conducted for each frequency 
pair among all mutually exclusive applications.
    (h) Renewal applications will not be included in a random selection 
process.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23164, Apr. 29, 1997; 62 
FR 24582, May 6, 1997; 63 FR 6103, Feb. 6, 1998]



Sec. 101.47  Consideration of applications.

    (a) Applications for an instrument of authorization will be granted 
if, upon examination of the application and upon consideration of such 
other matters as it may officially notice, the Commission finds that the 
grant will serve the public interest, convenience, and necessity.
    (b) The grant will be without a formal hearing if, upon 
consideration of the application, any pleadings of objections filed, or 
other matters which may be officially noticed, the Commission finds 
that:
    (1) The application is acceptable for filing, and is in accordance 
with the Commission's rules, regulations, and other requirements;
    (2) The application is not subject to comparative consideration 
(pursuant to Sec. 101.45) with another application (or applications), 
except where the competing applicants have chosen the comparative 
evaluation procedure of Sec. 101.51 and a grant is appropriate under 
that procedure;
    (3) A grant of the application would not cause harmful electrical 
interference to an authorized station;
    (4) There are no substantial and material questions of fact 
presented; and
    (5) The applicant is legally, technically, financially and otherwise 
qualified, and a grant of the application would serve the public 
interest.
    (c) Whenever the Commission, without a formal hearing, grants any 
application in part, or subject to any terms or conditions other than 
those normally applied to applications of the same type, it will inform 
the applicant of the reasons therefor, and the grant will be considered 
final unless the Commission revises its action (either by granting the 
application as originally requested, or by designating the application 
for a formal evidentiary hearing) in response to a petition for 
reconsideration that:
    (1) Is filed by the applicant within thirty (30) days from the date 
of the letter or order giving the reasons for the partial or conditioned 
grant;
    (2) Rejects the grant as made and explains the reasons why the 
application should be granted as originally requested; and
    (3) Returns the instrument of authorization.
    (d) The Commission will designate an application for a formal 
hearing, specifying with particularity the matters and things in issue, 
if, upon consideration of the application, any pleadings or objections 
filed, or other matters which may be officially noticed, the Commission 
determines that:
    (1) A substantial and material question of fact is presented;
    (2) The Commission is unable for any reason to make the findings 
specified in paragraph (a) of this section and the application is 
acceptable for filing, complete, and in accordance with the Commission's 
rules, regulations, and other requirements;
    (3) The application is entitled to comparative consideration (under 
Sec. 101.45) with another application (or applications); or
    (4) The application is entitled to comparative consideration 
(pursuant to Sec. 101.45) and the applicants have chosen the comparative 
evaluation procedure of Sec. 101.51 but the Commission deems such 
procedure to be inappropriate.
    (e) The Commission may grant, deny, or take other action with 
respect to an application designated for a formal hearing pursuant to 
paragraph (d) of this section or part 1 of this chapter.
    (f) Except with respect to applications subject to subpart L of this 
part,

[[Page 646]]

whenever the public interest would be served thereby, the Commission may 
grant one or more mutually exclusive applications expressly conditioned 
upon final action on the applications, and then either conduct a random 
selection process (in specified services under this part), designate all 
of the mutually exclusive applications for a formal evidentiary hearing 
or (whenever so requested) follow the comparative evaluation procedures 
of Sec. 101.51, as appropriate, if it appears:
    (1) That some or all of the applications were not filed in good 
faith, but were filed for the purpose of delaying or hindering the grant 
of another application;
    (2) That the public interest requires the prompt establishment of 
radio service in a particular community or area;
    (3) That a delay in making a grant to any applicant until after the 
conclusion of a hearing or a random selection proceeding on all 
applications might jeopardize the rights of the United States under the 
provision of an international agreement to the use of the frequency in 
question; or
    (4) That a grant of one application would be in the public interest 
in that it appears from an examination of the remaining applications 
that they cannot be granted because they are in violation of provisions 
of the Communications Act, other statutes, or of the provisions of this 
chapter.
    (g) Reconsideration or review of any final action taken by the 
Commission will be in accordance with subpart A of part 1 of this 
chapter.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23164, Apr. 29, 1997]



Sec. 101.51  Comparative evaluation of mutually exclusive applications.

    (a) In order to expedite action on mutually exclusive applications 
in services under this rules part where neither competitive bidding nor 
the random selection processes 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. 101.45;
    (2) The applications have not been designated for formal evidentiary 
hearing; and
    (3) The Commission determines, initially or at any time during the 
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. 101.47.
    (b) Provided that the conditions of paragraph (a) of this section 
are satisfied, applicants may request the Commission to act upon their 
mutually exclusive applications without a formal hearing pursuant to the 
summary procedure outlined below:
    (1) To initiate the procedure, each applicant will submit to the 
Commission a written statement containing:
    (i) A waiver of the applicant's right to a formal hearing;
    (ii) A request and agreement that, in order to avoid the delay and 
expense of a comparative formal hearing, the Commission should exercise 
its judgment to select from among the mutually exclusive applications 
that proposal (or proposals) which would best serve the public interest; 
and
    (iii) The signature of a principal (and the principal's attorney if 
represented).
    (2) After receipt of the written requests of all of the applicants 
the Commission (if it deems this procedure appropriate) will issue a 
notice designating the comparative criteria upon which the applications 
are to be evaluated and will request each applicant to submit, within a 
specified period of time, additional information concerning the 
applicant's proposal relative to the comparative criteria.
    (3) Within thirty (30) days following the due date for filing this 
information, the Commission will accept concise and factual argument on 
the competing proposals from the rival applicants, potential customers, 
and other knowledgeable parties in interest.

[[Page 647]]

    (4) Within fifteen (15) days following the due date for the filing 
of comments, the Commission will accept concise and factual replies from 
the rival applicants.
    (5) From time to time during the course of this procedure the 
Commission may request additional information from the applicants and 
hold informal conferences at which all competing applicants will have 
the right to be represented.
    (6) Upon evaluation of the applications, the information submitted, 
and such other matters as may be officially noticed the Commission will 
issue a decision granting one (or more) of the proposals which it 
concludes would best serve the public interest, convenience and 
necessity. The decision will report briefly and concisely the reasons 
for the Commission's selection and will deny the other application(s). 
This decision will be considered final.

[61 FR 26677, May 28, 1996, as amended at 63 FR 6104, Feb. 6, 1998]

      License Transfers, Modifications, Conditions and Forfeitures



Sec. 101.53  Assignment or transfer of station authorization.

    (a) No station license, or any rights thereunder, may be 
transferred, assigned, or disposed of in any manner, voluntarily or 
involuntarily, directly or indirectly, or by transfer of control of any 
corporation or any other entity holding any such license, to any person 
except upon application to the Commission and upon finding by the 
Commission that the public interest, convenience and necessity will be 
served thereby.
    (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 in the letter. Licensees must concurrently 
update ownership information on their FCC Form 430, if necessary.
    (b) For purposes of this section, transfers of control requiring 
Commission approval must include any and all transactions that:
    (1) Change the party controlling the affairs of the licensee; or
    (2) Affect any change in a controlling interest in the ownership of 
the licensee, including changes in legal or equitable ownership.
    (c) Requests for transfer of control or assignment authority must be 
submitted on the application form prescribed by Sec. 101.13 or 
Sec. 101.15, and must be accompanied by the applicable showings required 
by Secs. 101.19, 101.21, and 101.55.
    (d) The Commission must be promptly notified in writing when a 
licensee is voluntarily or involuntarily placed in bankruptcy or 
receivership and when an individual licensee, a member of a partnership 
which is a licensee, or a person directly or indirectly in control of a 
corporation which is a licensee, dies or becomes legally disabled. 
Within thirty days after the occurrence of such bankruptcy, 
receivership, death or legal disability, an application of involuntary 
assignment of such license, or involuntary transfer of control of such 
corporation, must be filed with the Commission, requesting assignment or 
transfer to a successor legally qualified under the laws of the place 
having jurisdiction over the assets involved.
    (e) The assignor of a station licensed under this part may retain no 
right of reversion or reassignment of the license and may not reserve 
the right to use the facilities of the station for any period 
whatsoever. No assignment of license will be granted or authorized if 
there is a contract or understanding, express or implied, pursuant to 
which a right of reversion or reassignment of the license or right to 
use the facilities

[[Page 648]]

are retained as partial or full consideration for the assignment or 
transfer.
    (f) No special temporary authority, or any rights thereunder, may be 
assigned or otherwise disposed of, directly or indirectly, voluntarily 
or involuntarily, without prior Commission approval.
    (g) Assignees receiving Commission authority to acquire a 38.6-40.0 
GHz license pursuant to this paragraph must meet the assignors' 
construction requirement dates. See Secs. 101.63 and 101.64 of this 
part.

[61 FR 26677, May 28, 1996, as amended at 63 FR 6104, Feb. 6, 1998; 63 
FR 10345, Mar. 3, 1998]



Sec. 101.55  Considerations involving transfer or assignment applications.

    (a) Licenses not authorized pursuant to competitive bidding 
procedures may not be assigned or transferred prior to completion of 
construction of the facility. However, consent to the assignment or 
transfer of control of such a license may be given prior to the 
completion of construction where:
    (1) The assignment or transfer does not involve a substantial change 
in or ownership or control of the authorized facilities; or
    (2) The assignment or transfer of control is involuntary due to the 
licensee's bankruptcy, death, or legal disability.
    (b) The Commission will review a proposed transaction to determine 
if the circumstances indicate ``trafficking'' in licenses whenever 
applications (except those involving pro forma assignment or transfer of 
control) for consent to assignment of a license, or for transfer of 
control of a licensee, involve facilities:
    (1) Authorized following a comparative hearing and have been 
operated less than one year;
    (2) That have not been constructed, unless the authorizations were 
granted pursuant to a competitive bidding procedure; or
    (3) Involve facilities that were authorized following a random 
selection proceeding in which the successful applicant received 
preference and that have been operated for less than one year.
    (c) At its discretion, the Commission may require the submission of 
an affirmative, factual showing (supported by affidavits of a person or 
persons with personal knowledge thereof) to demonstrate that the 
proposed assignor or transferor has not acquired an authorization or 
operated a station for the principal purpose of profitable sale rather 
than public service. This showing may include, for example, a 
demonstration that the proposed assignment or transfer is due to changed 
circumstances (described in detail) affecting the licensee subsequent to 
the acquisition of the license, or that the proposed transfer of radio 
facilities is incidental to a sale of other facilities or merger of 
interests.
    (d) If a proposed transfer of radio facilities is incidental to a 
sale or other facilities or merger of interests, any showing requested 
under paragraph (a) of this section must include an additional exhibit 
that:
    (1) Discloses complete details as to the sale of facilities or 
merger of interests;
    (2) Segregates clearly by an itemized accounting, the amount of 
consideration involved in the sale of facilities or merger of interests; 
and
    (3) Demonstrates that the amount of consideration assignable to the 
facilities or business interests involved represents their fair market 
value at the time of the transaction.
    (e) For the purposes of this section, the one year period is 
calculated using the following dates (as appropriate):
    (1) The initial date of grant of the license, excluding subsequent 
modifications;
    (2) The date of consummation of an assignment or transfer, if the 
station is acquired as the result of an assignment of license, or 
transfer of control of corporate licensee; or
    (3) The median date of the applicable commencement dates (determined 
pursuant to paragraphs (d)(1) and (2) of this section) if the 
transaction involves a system (such as a Private Operational Fixed 
Point-to-Point Microwave system) of two or more stations. (The median 
date is that date so selected such that fifty percent of the 
commencement dates of the total number of stations, when arranged in 
chronological order, lie below it and fifty percent lie above it. When 
the number of stations is an even number,

[[Page 649]]

the median date will be a value half way between the two dates closest 
to the theoretical median).

[61 FR 26677, May 28, 1996, as amended at 63 FR 6104, Feb. 6, 1998]



Sec. 101.56  Partitioned service areas (PSAs) and disaggregated spectrum.

    (a)(1) The holder of a Basic Trading Area (BTA) authorization to 
provide service in the 38.6-40 GHz band pursuant to the competitive 
bidding process may enter into agreements with eligible parties to 
partition any portion of its service area according to county 
boundaries, or according to other geopolitical subdivision boundaries. 
Alternatively, licensees may enter into agreements or contracts to 
disaggregate portions of spectrum, provided acquired spectrum is 
disaggregated according to frequency pairs.
    (2)(i) 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 or spectrum disaggregated. 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., Metropolitan Service Area or Rural Service Area) or 
county lines are followed. If geographic coordinate points are used, 
they 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.
    (3) Parties to partitioning and spectrum disaggregation contracts 
must file concurrently with such contracts the following:
    (i) An application FCC Form 415 for authority to operate a 38.6-40 
GHz service facility.
    (ii) Application for assignment to operate in the market area being 
partitioned or to operate in the market area covered by the 
disaggregated spectrum.
    (iii) A completed FCC Form 430, where applicable, if not already on 
file at the Commission.
    (b) The eligibility requirements applicable to BTA authorization 
holders also apply to those individuals and entities seeking partitioned 
or disaggregated spectrum authorizations.
    (c) Subsequent to issuance of the authorization for a partitioned 
service area, the partitioned area will be treated as a separate 
protected service area.
    (d) When any area within a BTA becomes a partitioned service area, 
the remaining counties and geopolitical subdivision within that BTA will 
be subsequently treated and classified as a partitioned service area.
    (e) At the time a BTA is partitioned, the Commission shall cancel 
the BTA authorization initially issued and issue a partitioned service 
area authorization to the former BTA authorization holder.
    (f) The duties and responsibilities imposed upon BTA authorization 
holders in this part, apply to those licensees obtaining authorizations 
by partitioning or spectrum disaggregation.
    (g) The build-out requirements for the partitioned service area or 
disaggregated spectrum shall be the same as applied to the BTA 
authorization holder.
    (h) The license term for the partitioned service area or 
disaggregated spectrum shall be the remainder of the period that would 
apply to the BTA authorization holder.
    (i) Licensees, except those using bidding credits in a competitive 
bidding procedure, shall have the authority to partition service areas 
or disaggregate spectrum.

[63 FR 6104, Feb. 6, 1998]



Sec. 101.57  Modification of station license.

    (a)(1)(i) Except as provided in paragraph (a)(1)(ii) of this section 
and in Sec. 101.59, no modification of a license issued pursuant to this 
part (or the facilities described thereunder) may be made except upon 
application to the Commission.

[[Page 650]]

    (ii) The provisions of paragraph (a)(1)(i) of this section shall not 
apply in the case of:
    (A) Licenses authorized for operation in the 31,000-31,300 MHz band 
prior to March 11, 1997;
    (B) Non-Local Multipoint Distribution Service licenses authorized 
for such operation in the band pursuant to applications refiled no later 
than June 26, 1998; and
    (C) The Local Multipoint Distribution Service as provided in 
Sec. 101.61(c)(10).
    (2) Notwithstanding the provisions of subparagraph (1) of this 
paragraph, licensees (other than licensees in the Local Television 
Transmission Service) authorized to operate in the 31,000-31,300 MHz 
band prior to March 11, 1997, may submit applications to the Commission 
for modification of such licenses not later than the end of the 15-day 
period following June 30, 1997.
    (b) No application for modification to extend a license construction 
period will be granted for delays caused by lack of financing or for 
lack of site availability. Applications for time extensions for other 
reasons must include a verified statement from the applicant showing 
that the licensee has made diligent efforts to construct the facilities 
and:
    (1) That additional time is required due to circumstances beyond the 
applicant's control, in which case the applicant must describe such 
circumstances and must set forth with specificity and justify the 
precise extension period requested; or
    (2) That there are unique and overriding public interest concerns 
that justify such an extension, in which case the applicant must 
identify such interests and must set forth and justify a precise 
extension period.
    (c) Notwithstanding the provisions of paragraph (b) of this section, 
when a station license has been assigned or transferred pursuant to 
Sec. 101.53, any extension of time will be limited so that the time left 
to construct after Commission grant of the transfer or assignment will 
be no more than the time remaining for construction at the date of the 
filing of the application for transfer or assignment.
    (d) Modification of license is required for the following changes in 
authorized stations:
    (1) Any change in frequencies used;
    (2) Any change in antenna azimuth;
    (3) Any change in antenna beamwidth;
    (4) Any change in antenna or passive repeater location greater than 
1 second or which involves a requirement for special aeronautical study;
    (5) Any change in antenna polarization;
    (6) Any change in antenna height;
    (7) Any change in the size of passive reflectors or repeaters 
associated with the facilities of an authorized station;
    (8) Any increase in emission bandwidth beyond that authorized;
    (9) Any change in the type of emission;
    (10) Any change in authorized equivalent isotropically radiated 
power in excess of 3 dB (a 2-to-1 ratio); or
    (11) Substitution of equipment having a greater frequency tolerance.
    (e) When the name of the licensee is changed (without changes in the 
ownership, control, or corporate structure), or when the mailing address 
is changed (without changing the authorized location of the fixed 
station) a formal application for modification of license is not 
required. However, the licensee must notify the Commission within thirty 
days of the effective date of these changes. The notice, which may be in 
letter form, must contain the name and address of the licensee as they 
appear in the Commission's records, the new name or address, the call 
signs and classes of all radio stations authorized to the licensee under 
this part and the radio service in which each station is authorized. The 
notice must be sent to the Federal Communications Commission, 
Gettysburg, PA 17325 and a copy must be maintained with the license of 
each station until a new license is issued.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23164, Apr. 29, 1997; 63 
FR 9448, Feb. 25, 1998; 63 FR 14039, Mar. 24, 1998]



Sec. 101.59  Processing of applications for facility minor modifications.

    (a) Except in the Local Multipoint Distribution Service as provided 
in

[[Page 651]]

Sec. 101.61(c)(10), unless an applicant is notified to the contrary by 
the Commission, as of the twenty-first day following the date of public 
notice, any application that meets the requirements of paragraph (b) of 
this section and proposes only the change specified in paragraph (c) of 
this section will be deemed to have been authorized by the Commission.
    (b) An application may be considered under the procedures of this 
section only if:
    (1) It is in the Private Operational Fixed Point-to-Point Microwave, 
Common Carrier Fixed Point-to-Point Microwave, Local Television 
Transmission, Digital Electronic Message Services, and Local Multipoint 
Distribution Services;
    (2) The cumulative effect of all such applications made within any 
60 day period does not exceed the appropriate values prescribed by 
paragraph (c) of this section;
    (3) The facilities to be modified are not located within 56.3 
kilometers (35 miles) of the Canadian or Mexican border;
    (4) It is acceptable for filing, is consistent with all of the 
Commission's rules, and does not involve a waiver request;
    (5) It specifically requests consideration pursuant to this section; 
and
    (6) Written notice of such filing has been provided to all parties 
otherwise required to be provided a prior coordination notice in 
accordance with Sec. 101.103(d) or, in the Digital Electronic Message 
Services, a copy of the application has been served on those who also 
were served under Sec. 101.509.
    (c) The modifications that may be authorized under the procedures of 
this section are:
    (1) Changes in a transmitter and existing transmitter operating 
characteristics, or protective configuration of transmitter, provided 
that:
    (i) Any increase in equivalent isotropically radiated power is less 
than 3 dB over the previously authorized output power;
    (ii) The necessary bandwidth is not increased beyond the previously 
authorized bandwidth;
    (2) Changes in the center line height of an antenna, provided that:
    (i) Any increase in antenna height is less than 3.0 meters (10 feet) 
above the previously authorized height;
    (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.
    (3) Change in the geographical coordinates of a transmit station, 
receive station or passive facility by five (5) seconds or less of 
latitude, longitude or both, provided that when notice to the FAA of 
proposed construction is required by part 17 of this chapter for antenna 
structure at the previously authorized coordinates (or will be required 
at the new location) the applicant must comply with the provisions of 
Sec. 101.21(a).
    (d) Upon grant of an application under the procedure of this section 
and at such time that construction begins, the applicant must keep a 
complete copy of the application (including the filing date) with the 
station license if construction begins prior to receipt of the 
authorization.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23165, Apr. 29, 1997; 62 
FR 24582, May 6, 1997]



Sec. 101.61  Certain modifications not requiring prior authorization.

    (a) Equipment in an authorized radio station may be replaced without 
prior authorization or notification if the replacement equipment is 
equivalent to the replaced equipment.
    (b) Licensees of fixed stations in the Private Operational Fixed 
Point-to-Point Microwave, Common Carrier Fixed Point-to-Point Microwave, 
Local Television Transmission, Digital Electronic Message Services, and 
Local Multipoint Distribution Services may make the facility changes 
listed in paragraph (c) of this section without obtaining prior 
Commission authorization, if:
    (1) Frequency coordination procedures, as necessary, are complied 
with in accordance with Sec. 101.103(d) or, in the Digital Electronic 
Message Services, a copy of the notification described in

[[Page 652]]

paragraph (b)(3) of this section is served on those who were served 
under Sec. 101.509; and
    (2) The cumulative effect of all facility changes made within any 60 
day period does not exceed the appropriate values prescribed by 
paragraph (c) of this section; and
    (3) The Commission is notified of changes made to facilities by the 
submission of a completed FCC Form 415 within 30 days after the changes 
are made, except that licensees in the Local Multipoint Distribution 
Service must notify the Commission by the submission of a completed FCC 
Form 600 within 30 days or, if the change is subject to Sec. 101.305(b) 
or 101.305(c), within the time periods required in those sections.
    (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 or 
verified for use under this part and is installed without modification 
from the certificated or verified configuration;
    (ii) The type of modulation is not changed;
    (iii) The frequency stability is equal to or better than the 
previously authorized frequency stability; and
    (iv) The necessary bandwidth and the output power do not exceed the 
previously authorized values.
    (2) Addition or deletion of a transmitter for protection without 
changing the authorized power output (e.g. hot standby transmitters);
    (3) Change to an antenna (other than any change involving a 
periscope antenna system), when:
    (i) For the Private Operational Fixed Point-to-Point Microwave, 
Common Carrier Fixed Point-to-Point Microwave, and Local Television 
Transmission Services, the new antenna conforms to the requirements of 
Sec. 101.115 and has essentially the same or better radiation 
characteristics than the previously authorized antenna;
    (ii) For the Digital Electronic Message Service, the new antenna 
conforms with Sec. 101.517 and the gain of the new antenna does not 
exceed that of the previously authorized antenna by more than one dB in 
any direction.
    (4) Any technical changes that would decrease the effective radiated 
power.
    (5) Change to the height of an antenna system, when:
    (i) The new center line height (measured at the center-of-radiation) 
is within 1.5 meters of the previously authorized height; 
and
    (ii) The overall height of the antenna structure is not increased as 
a result of the antenna extending above the height of the previously 
authorized structure, except when the new height of the antenna 
structure is 6.1 meters or less (above ground or man-made structure, as 
appropriate) after the change is made.
    (6) Decreases in the overall height of an antenna structure, 
provided that, when notice to the FAA of proposed construction was 
required by part 17 of this chapter for the antenna structure at the 
previously authorized height, the applicant must comply with the 
provisions of Sec. 101.21(a).
    (7) Changes in the azimuth of the center of the main lobe of 
radiation of a point-to-point station's antenna by a maximum of one 
degree.
    (8) Changes to the transmission line and other devices between the 
transmitter and the antenna when the effective radiated power of the 
station is not increased by more than one dB.
    (9) In the Local Multipoint Distribution Service, changes in 
regulatory status from common carrier to non-common carrier status or 
non-common carrier to common carrier status, or from the addition of 
common carrier or non-common carrier status to an existing license in 
order to be authorized to provide both common carrier and non-common 
carrier services; except that changes that result in the discontinuance, 
reduction, or impairment of the existing service are subject to the 
requirements of Sec. 101.305 (b) and (c).
    (10) In the Local Multipoint Distribution Service, the addition, 
removal, or relocation of facilities within the area authorized by the 
license, except as provided in Sec. 101.1009.
    (d) Licensees may notify the Commission of permissible changes or 
correct erroneous information on a license not involving a major change 
(i.e., a

[[Page 653]]

change that would be classified as a major amendment as defined by 
Sec. 101.29) without obtaining prior commission approval by filing FCC 
Form 415, except in Local Multipoint Distribution Service by filing FCC 
Form 600.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23165, Apr. 29, 1997; 63 
FR 36611, July 7, 1998]

    Effective Date Note:  At 63 FR 36611, July 7, 1998, Sec. 101.61, 
paragraph (c)(1)(i) was amended by removing the term ``type-accepted (or 
type-notified)'' each place it appears and adding in its place 
``certificated or verified.'', effective Oct. 5, 1998.



Sec. 101.63  Period of construction; certification of completion of construction.

    (a) Except for stations licensed in the 38.6-40.0 GHz band, each 
station licensed under this part must be in operation within 18 months 
from the initial date of grant. Modification of an operational station 
other than one licensed in the 38.6-40.0 GHz band must be completed 
within 18 months of the date of grant of the applicable modification 
request.
    (b) Failure to timely begin operation means the authorization 
cancels automatically and must be returned to the Commission.
    (c) The frequencies associated with all point-to-multipoint 
authorizations which have cancelled automatically or otherwise been 
recovered by the Commission will again be made available for 
reassignment on a date and under terms set forth by Public Notice.
    (d) Except for stations licensed in the 38.6-40.0 GHz band, requests 
for extension of time to be in operation may be granted upon a showing 
of good cause, setting forth in detail the applicant's reasons for 
failure to have the facility operating in the prescribed period. Such 
requests must be submitted no later than 30 days prior to the end of the 
prescribed period to the Federal Communications Commission, Gettysburg, 
PA 17325-7245.
    (e) Construction of any station must be completed by the date 
specified in the license as the termination date of the construction 
period. Licensees who fail to complete construction must return their 
authorization for cancellation within 5 days after the expiration of the 
construction period specified on the license.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23165, Apr. 29, 1997; 63 
FR 6104, Feb. 6, 1998]



Sec. 101.64  Service areas.

    Service areas for 38.6-40.0 GHz service are BTAs as defined below. 
BTAs are based on the Rand McNally 1992 Commercial Atlas & Marketing 
Guide, 123rd Edition, at pages 40-44. Rand McNally organizes the 50 
States and the District of Columbia into 487 BTAs. The BTA Map is 
available for public inspection at the Wireless Telecommunications 
Bureau, Room 5322, 2025 M Street, NW., Washington, DC. The BTA service 
areas are based on the Rand McNally 1995 Commercial Atlas & marketing 
Guide, 123rd Edition, at pages 40-44, 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.

[63 FR 6104, Feb. 6, 1998]



Sec. 101.65  Forfeiture and termination of station authorizations.

    (a) A license will be automatically forfeited in whole or in part 
without further notice to the licensee upon:
    (1) The expiration of the construction period specified therein, or 
after such additional time as may be authorized by the Commission;
    (2) The expiration of the license period specified therein, unless 
prior thereto an application for renewal of such license has been filed 
with the Commission; or

[[Page 654]]

    (3) The voluntary removal or alteration of the facilities, so as to 
render the station not operational for a period of 30 days or more.
    (b) A license forfeited in whole or in part under the provisions of 
paragraph (a)(1) or (a)(2) of this section may be reinstated if the 
Commission, in its discretion, determines that reinstatement would best 
serve the public interest, convenience and necessity. Petitions for 
reinstatement filed pursuant to this subsection will be considered only 
if:
    (1) The petition is filed within 30 days of the expiration date set 
forth in paragraph (a)(1) or (a)(2) of this section, whichever is 
applicable;
    (2) The petition explains the failure to timely file such 
notification or application as would have prevented automatic 
forfeiture; and
    (3) The petition sets forth with specificity the procedures which 
have been established to insure timely filings in the future.
    (c) A special temporary authorization will automatically terminate 
upon the expiration date specified therein, or upon failure to comply 
with any special terms or conditions set forth therein. Operation may be 
extended beyond such termination date only after application and upon 
specific authorization by the Commission.
    (d) If a station licensed under this part discontinues operation on 
a permanent basis, the licensee must forward the station license to the 
Federal Communications Commission, Gettysburg, Pennsylvania 17325, for 
cancellation. For purposes of this section, any station which has not 
operated for one year or more is considered to have been permanently 
discontinued. See Sec. 101.305 for additional rules regarding temporary 
and permanent discontinuation of service.



Sec. 101.67  License period.

    Licenses for stations authorized under this part will be issued for 
a period not to exceed 10 years. Unless otherwise specified by the 
Commission, the expiration of regular licenses shall be on the date 
(month and day) selected by licensees in the year of expiration.

Policies Governing Microwave Relocation From the 1850-1990 and 2110-2200 
                                MHZ Bands



Sec. 101.69  Transition of the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands from the fixed microwave services to personal communications services and 
          emerging technologies.

    Fixed Microwave Services (FMS) frequencies in the 1850-1990 MHz, 
2110-2150 MHz, and 2160-2200 MHz bands listed in Secs. 101.147(c), (d) 
and (e) have been allocated for use by emerging technology (ET) 
services, including Personal Communications Services (PCS). The rules in 
this section provide for a transition period during which ET licensees 
may relocate existing FMS licensees using these frequencies to other 
media or other fixed channels, including those in other microwave bands.
    (a) ET licensees may negotiate with FMS licensees authorized to use 
frequencies in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz 
bands, for the purpose of agreeing to terms under which the FMS 
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 FMS 
operations.
    (b) Except as provided in paragraph (c) of this section, FMS 
operations in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands, 
with the exception of public safety facilities defined in Sec. 101.77, 
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 (voluntary negotiation period), and until one year after an ET 
licensee initiates negotiations for relocation of the fixed microwave 
licensee's operations (mandatory negotiation period). In the 1910-1930 
MHz band allocated for unlicensed PCS, FMS operations will continue to 
be co-primary until one year after UTAM, Inc. initiates negotiations for 
relocation of the fixed microwave licensee's operations. Except as 
provided in paragraph (c) of this section, public safety facilities 
defined in Sec. 101.77 will continue to be co-primary in these bands 
until three

[[Page 655]]

years after the Commission commences acceptance of applications for an 
emerging technology service (voluntary negotiation period), and until 
two years after an emerging technology service licensee or an emerging 
technology unlicensed equipment supplier or representative initiates 
negotiations for relocation of the fixed microwave licensee's operations 
(mandatory negotiation period). If no agreement is reached during either 
the voluntary or mandatory negotiation periods, an ET licensee may 
initiate involuntary relocation procedures. Under involuntary 
relocation, the incumbent is required to relocate, provided that the ET 
licensee meets the conditions of Sec. 101.75.
    (c) Voluntary and mandatory negotiation periods for PCS C, D, E, and 
F blocks are defined as follows:
    (1) Non-public safety incumbents will have a one-year voluntary 
negotiation period and a one-year mandatory negotiation period; and
    (2) Public safety incumbents will have a three-year voluntary 
negotiation period and a two-year mandatory negotiation period.

[62 FR 12758, Mar. 18, 1997]



Sec. 101.71  Voluntary negotiations.

    During the 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 for non-public safety entities, or within three 
years after the commencement of the voluntary period for public safety 
entities, the FMS 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 FMS licensee's 2 GHz system and 
prepare an estimate of the cost and the time needed to relocate the FMS 
licensee to comparable facilities. The ET licensee must pay for any such 
estimate.

[62 FR 12758, Mar. 18, 1997]



Sec. 101.73  Mandatory negotiations.

    (a) If a relocation agreement is not reached during the 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.
    (b) Once mandatory negotiations have begun, an FMS 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 FMS licensee to comparable facilities in accordance with Section 
101.75(b);
    (2) If the FMS 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.
    (c) 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.

[61 FR 29694, June 12, 1996, as amended at 62 FR 12758, Mar. 18, 1997]

[[Page 656]]



Sec. 101.75  Involuntary relocation procedures.

    (a) If no agreement is reached during either the voluntary or 
mandatory negotiation period, an ET licensee 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, the FMS licensee is required to relocate, provided that the 
ET licensee:
    (1) 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 FMS 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 
FMS licensees for internal resources devoted to the relocation process. 
ET licensees are not required to pay for transaction costs incurred by 
FMS 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) 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) Builds the replacement system and tests it for comparability 
with the existing 2 GHz system.
    (b) Comparable facilities. The replacement system provided to an 
incumbent during an involuntary relocation must be at least equivalent 
to the existing FMS 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 FMS licensee with an equivalent number of 4 kHz 
voice channels. If digital facilities are being replaced with digital, 
the ET licensee must provide the FMS licensee with equivalent data 
loading bits per second (bps). ET licensees must provide FMS licensees 
with enough throughput to satisfy the FMS licensee's system use at the 
time of relocation, not match the total capacity of the FMS system.
    (2) Reliability. System reliability is the degree to which 
information is transferred accurately within a system. ET licensees must 
provide FMS 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 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 FMS system. ET licensees must compensate FMS 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 FMS licensee must be 
equivalent to the 2 GHz system in order for the replacement system to be 
considered comparable.
    (c) The FMS 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.
    (d) Twelve-month trial period. If, within one year after the 
relocation to new facilities, the FMS licensee demonstrates that the new 
facilities are not comparable to the former facilities, the ET licensee 
must remedy the

[[Page 657]]

defects or pay to relocate the microwave 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 (b) of this section. This trial 
period commences on the date that the FMS licensee begins full operation 
of the replacement link. If the FMS 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.

[61 FR 29694, June 12, 1996]



Sec. 101.77  Public safety licensees in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands.

    (a) Public safety facilities are subject to the three-year voluntary 
and two-year mandatory negotiation period, except as otherwise defined 
in paragraph 101.69(c). In order for public safety licensees to qualify 
for extended negotiation periods, the department head responsible for 
system oversight must certify to the ET licensee requesting relocation 
that:
    (1) The agency is a Police licensee, a Fire Licensee, or an 
Emergency Medical Licensee as defined in Sec. 90.7 of this chapter, or 
meets the eligibility requirements of Sec. 90.20(a)(2) of this chapter, 
except for Sec. 90.20(a)(2)(ii) of this chapter, or that it is a 
licensee of other part 101 facilities licensed on a primary basis under 
the eligibility requirements of part 90, subpart B of this chapter; and
    (2) The majority of communications carried on the facilities at 
issue involve safety of life and property.
    (b) A public safety licensee must provide certification within 
thirty (30) days of a request from a ET licensee, or the ET licensee may 
presume that special treatment is inapplicable. If a public safety 
licensee falsely certifies to an ET licensee that it qualifies for the 
extended time periods, this licensee will be in violation of the 
Commission's rules and will subject to appropriate penalties, as well as 
immediately subject to the non-public safety time periods.

[61 FR 29695, June 12, 1996, as amended at 62 FR 12758, Mar. 18, 1997; 
62 FR 18936, Apr. 17, 1997]



Sec. 101.79  Sunset provisions for licensees in the 1850-1990 MHz, 2110-2150 MHz, and 2150-2160 MHz bands.

    (a) FMS licensees will maintain primary status in the 1850-1990 MHz, 
2110-2150 MHz, and 2160-2200 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 of any standard successor. ET licensee 
notification to the affected FMS 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 FMS 
licensee must turn its license back into the Commission, unless the 
parties have entered into an agreement which allows the FMS licensee to 
continue to operate on a mutually agreed upon basis.
    (b) 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:
    (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 29695, June 12, 1996, as amended at 62 FR 12758, Mar. 18, 1997]

[[Page 658]]



Sec. 101.81  Future licensing in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands.

    After April 25, 1996, all major modifications and extensions to 
existing FMS systems in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 
MHz bands will be authorized on a secondary basis to ET systems. All 
other modifications will render the modified FMS license secondary to ET 
operations, unless the incumbent affirmatively justifies primary status 
and the incumbent FMS licensee establishes that the modification would 
add to the relocation costs of ET licensees. Incumbent FMS licensees 
will maintain primary status for the following technical changes:
    (a) Decreases in power;
    (b) Minor changes (increases or decreases) in antenna height;
    (c) Minor location changes (up to two seconds);
    (d) Any data correction which does not involve a change in the 
location of an existing facility;
    (e) Reductions in authorized bandwidth;
    (f) Minor changes (increases or decreases) in structure height;
    (g) Changes (increases or decreases) in ground elevation that do not 
affect centerline height;
    (h) Minor equipment changes.

[61 FR 29695, June 12, 1996, as amended at 62 FR 12759, Mar. 18, 1997]



                     Subpart C--Technical Standards



Sec. 101.101  Frequency availability.

----------------------------------------------------------------------------------------------------------------
                                                                  Radio service
                               ---------------------------------------------------------------------------------
     Frequency band (MHz)                                               Broadcast     Other (Parts 15,
                                 Common carrier     Private radio    auxiliary (Part   21, 24, 25, 74,    Notes
                                   (Part 101)        (Part 101)            74)            78 & 100)
----------------------------------------------------------------------------------------------------------------
928-929.......................  ................  MAS               ................  ................  ........
932.0-932.5...................  MAS               MAS               ................  ................     (1)
932.5-935.0...................  CC                OFS               ................  ................     (1)
941.0-941.5...................  MAS               MAS               ................  ................     (1)
941.5-944.0...................  CC                OFS               Aural BAS         ................     (1)
952-960.......................  ................  OFS/MAS           ................  ................  ........
1850-1990.....................  ................  OFS               ................  PCS               ........
2110-2130.....................  CC                ................  ................  PET               ........
2130-2150.....................  ................  OFS               ................  PET               ........
2150-2160.....................  ................  OFS               ................  MDS               ........
2160-2180.....................  CC                ................  ................  ET                ........
2180-2200.....................  ................  OFS               ................  PET               ........
2450-2500.....................  LTTS              OFS               TV BAS            ISM               F/M/TF
2650-2690.....................  ................  OFS               ................  MDS/ITFS          ........
3700-4200.....................  CC LTTS           OFS               ................  SAT               ........
5925-6425.....................  CC LTTS           OFS               ................  SAT               ........
6425-6525.....................  LTTS              OFS               TV BAS            CARS              M
6525-6875.....................  CC                OFS               ................  ................  F/TF
10,550-10,680.................  CC DEMS           OFS, DEMS         ................  ................  ........
10,700-11,700.................  CC LTTS           OFS               ................  SAT               ........
11,700-12,200.................  LTTS              ................  ................  SAT               ........
12,200-12,700.................  ................  OFS               ................  DBS               ........
12,700-13,250.................  CC LTTS           OFS               TV BAS            CARS              F/M/TF
14,200-14,400.................  LTTS              ................  ................  SAT               ........
17,700-18,580.................  CC                OFS               TV BAS            SAT CARS          ........
18,580-18,820.................  CC                OFS               Aural BAS         SAT               ........
18,820-18,920.................  DEMS              OFS DEMS          ................  SAT               ........
18,920-19,160.................  CC                OFS               Aural BAS         SAT               ........
19,160-19,260.................  DEMS              OFS DEMS          ................  SAT               ........
19,260-19,700.................  CC                OFS               TV BAS            CARS SAT          ........
21,200-23,600.................  CC LTTS           OFS               ................  ................  TF
24,250-25,250.................  DEMS              DEMS              ................  ................  ........
27,500-28,350.................  LMDS              ................  ................  ................
29,100-29,250.................  LMDS              ................  ................  SAT               ........
31,000-31,300.................  CC-LMDS           OFS               ................  ................  F/M/TF
                                LTTS              ................  ................  ................  ........
38,600-40,000.................  CC                OFS               TV BAS            ................  F/M/TF
 
----------------------------------------------------------------------------------------------------------------
BAS: Broadcast Auxiliary Service--(Part 74).
CARS: Cable Television Relay Service --(Part 78).
CC: Common Carrier Fixed Point-to-Point Microwave Service--(Part 101, Subparts C & I).
DBS: Direct Broadcast Satellite--(Part 100).
DEMS: Digital Electronic Message Service--(Part 101, Subpart G).
ET: Emerging Technologies (per ET Dkt. No. 92-9, not yet assigned).

[[Page 659]]

 
ISM: Industrial, Scientific & Medical--(Part 18).
ITFS: Instructional Television Fixed Service--(Part 74).
LMDS: Local Multipoint Distribution Service (including non-common carrier and common carrier services)--(Part
  101, Subpart L).
LTTS: Local Television Transmission Service--(Part 101, Subpart J).
MAS: Multipoint Address System--(Part 101).7MDS: Multipoint Distribution Service--(Part 21).7OFS: Private
  Operational Fixed Point-to-Point Microwave Service--(Part 101, Subparts C & H).
PCS: Personal Communications Service--(Part 24).
SAT: Fixed Satellite Service--(Part 25).
Notes:
F--Fixed.    M--Mobile.    TF--Temporary Fixed.
(1)--Applications for frequencies in the 932.5-935/941.5-944 MHz bands may be filed initially during a one-week
  period to be announced by public notice. After these applications have been processed, the Commission will
  announce by public notice a filing date for remaining frequencies. From this filing date forward, applications
  will be processed on a daily first-come, first-served basis.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23165, Apr. 29, 1997; 62 
FR 24582, May 6, 1997]



Sec. 101.103  Frequency coordination procedures.

    (a) Assignment of frequencies will be made only in such a manner as 
to facilitate the rendition of communication service on an interference-
free basis in each service area. Unless otherwise indicated, each 
frequency available for use by stations in these services will be 
assigned exclusively to a single applicant in any service area. All 
applicants for, and licensees of, stations in these services must 
cooperate in the selection and use of the frequencies assigned in order 
to minimize interference and thereby obtain the most effective use of 
the authorized facilities. In the event harmful interference occurs or 
appears likely to occur between two or more radio systems and such 
interference cannot be resolved between the licensees thereof, the 
Commission may specify a time sharing arrangement for the stations 
involved or may, after notice and opportunity for hearing, require the 
licensees to make such changes in operating techniques or equipment as 
it may deem necessary to avoid such interference.
    (b)(1) Operations in the bands 31,000-31,075 MHz and 31,225-31,300 
MHz licensed prior to March 11, 1997, were licensed on an unprotected 
basis and are subject to harmful interference from similarly licensed 
operations in that band.
    (i) Operations licensed in the Local Mulitpoint Distribution Service 
and those operations licensed prior to March 11, 1997, except in the 
Local Television Transmission Service, operating in these bands are 
equally protected against harmful interference from each other.
    (ii) In the case of operations licensed prior to March 11, 1997, 
except in the Local Television Transmission Service, that are licensed 
on a point-to-radius basis, LMDS licensees shall be subject to the 
protection requirement established in this section in the case of 
existing links operated by such licensees, and in the case of links 
added by such licensees in the future in accordance with the terms of 
their point-to-radius licenses.
    (iii) An LMDS licensee may not initiate operations within the point-
to-radius area licensed to an operator (other than an operator in the 
Local Television Transmission Service) prior to March 11, 1997, even if 
such operator has not initiated operations to the fullest extent of the 
license. An LMDS licensee, however, may initiate operations at the 
border of such operator's license area without prior coordination if the 
LMDS licensee's operations would not cause harmful interference to the 
other operator's existing operations.
    (iv) An operator (other than an operator in the Local Television 
Transmission Service) licensed on a point-to-radius basis prior to March 
11, 1997, may add additional stations within its license area. Such 
operator shall coordinate with any affected LMDS licensee if its new 
operations might cause harmful interference to the existing operations 
of such LMDS licensee.
    (v) Operations licensed prior to March 11, 1997, on a point-to-point 
basis may not be extended or otherwise modified through the addition of 
point-to-point links. Such operations shall be limited to the use of 
frequency pairs licensed as of March 11, 1997. Operations

[[Page 660]]

licensed in the Local Television Transmission Service as of March 11, 
1997, may continue to operate, but such operators may not expand 
existing operations nor initiate new operations.
    (2) Operations in the 31,075-31,225 MHz band licensed prior to March 
11, 1997, shall receive no protection against harmful interference from 
authorized operations in the Local Multipoint Distribution Service in 
that band.
    (3) Non-LMDS operations in the entire 31,000-31,300 MHz band 
licensed after March 11, 1997, based on applications refiled no later 
than June 26, 1998 are unprotected with respect to each other and 
subject to harmful interference from each other.
    (i) Such operations and any operations licensed prior to March 11, 
1997, in the band are unprotected with respect to each other and subject 
to harmful interference from each other.
    (ii) Such operations are licensed on a secondary basis to LMDS 
operations licensed in the band, may not cause interference to LMDS 
operations, and are not protected from interference from LMDS 
operations.
    (iii) Such operations licensed on a point-to-point basis may not be 
extended or otherwise modified through the addition of point-to-point 
links. Such operations licensed on a point-to-radius basis may add 
additional stations within the licensed area.
    (c) Frequency diversity transmission will not be authorized in these 
services in the absence of a factual showing that the required 
communications cannot practically be achieved by other means. Where 
frequency diversity is deemed to be justified on a protection channel 
basis, it will be limited to one protection channel for the bands 3,700-
4,200, 5925-6425, and 6525-6875 MHz, and a ratio of one protection 
channel for three working channels for the bands 10,550-10,680 and 
10,700-11,700 MHz. In the bands 3,700-4,200, 5,925-6,425, and 6525-6875 
MHz, no frequency diversity protection channel will be authorized unless 
there is a minimum of three working channels, except that where a 
substantial showing is made that a total of three working channels will 
be required within three years, a protection channel may be authorized 
simultaneously with the first working channel. A protection channel 
authorized under such exception will be subject to termination if 
applications for the third working channel are not filed within three 
years of the grant date of the applications for the first working 
channel. Where equipment employing digital modulation techniques with 
cross-polarized operation on the same frequency is used, the protection 
channel authorized under the above conditions may be considered to 
consist of both polarizations of the protection frequency where such is 
shown to be necessary.
    (d) Frequency coordination. For each frequency authorized under this 
part, the following frequency usage coordination procedures will apply:
    (1) General requirements. Proposed frequency usage must be prior 
coordinated with existing licensees, permittees and applicants in the 
area, and other applicants with previously filed applications, whose 
facilities could affect or be affected by the new proposal in terms of 
frequency interference on active channels, applied-for channels, or 
channels coordinated for future growth. Coordination must be completed 
prior to filing an application for regular authorization, or an 
amendment to a pending application, or any major modification to a 
license. In coordinating frequency usage with stations in the fixed 
satellite service, applicants must also comply with the requirements of 
Sec. 101.21(f). In engineering a system or modification thereto, the 
applicant must, by appropriate studies and analyses, select sites, 
transmitters, antennas and frequencies that will avoid interference in 
excess of permissible levels to other users. All applicants and 
licensees must cooperate fully and make reasonable efforts to resolve 
technical problems and conflicts that may inhibit the most effective and 
efficient use of the radio spectrum; however, the party being 
coordinated with is not obligated to suggest changes or re-engineer a 
proposal in cases involving conflicts. Applicants should make every 
reasonable effort to avoid blocking the growth of systems as prior 
coordinated. The applicant must identify in the application all entities 
with which the technical proposal was coordinated. In the event

[[Page 661]]

that technical problems are not resolved, an explanation must be 
submitted with the application. Where technical problems are resolved by 
an agreement or operating arrangement between the parties that would 
require special procedures be taken to reduce the likelihood of 
interference in excess of permissible levels (such as the use of 
artificial site shielding) or would result in a reduction of quality or 
capacity of either system, the details thereof may be contained in the 
application.
    (2) Coordination procedure guidelines are as follows:
    (i) Coordination involves two separate elements: notification and 
response. Both or either may be oral or in written form. To be 
acceptable for filing, all applications and major technical amendments 
must certify that coordination, including response, has been completed. 
The names of the licensees, permittees and applicants with coordinated 
proposals, applicants, permittees, and licensees with which coordination 
was accomplished must be specified. If such notice and/or response is 
oral, the party providing such notice or response must supply written 
documentation of the communication upon request;
    (ii) Notification must include relevant technical details of the 
proposal. At minimum, this should include, as applicable, the following:

Applicant's name and address.
Transmitting station name.
Transmitting station coordinates.
Frequencies and polarizations to be added, changed or deleted.
Transmitting equipment type, its stability, actual output power, 
emission designator, and type of modulation (loading).
Transmitting antenna type(s), model, gain and, if required, a radiation 
pattern provided or certified by the manufacturer.
Transmitting antenna center line height(s) above ground level and ground 
elevation above mean sea level.
Receiving station name.
Receiving station coordinates.
Receiving antenna type(s), model, gain, and, if required, a radiation 
pattern provided or certified by the manufacturer.
Receiving antenna center line height(s) above ground level and ground 
elevation above mean sea level.
Path azimuth and distance.
Estimated transmitter transmission line loss expressed in dB.
Estimated receiver transmission line loss expressed in dB.
    Note: The position location of antenna sites shall be determined to 
an accuracy of no less than 1 second in the horizontal 
dimensions (latitude and longitude) and 1 meter in the 
vertical dimension (ground elevation) with respect to the National 
Spacial Reference System.
    (iii) For transmitters employing digital modulation techniques, the 
notification should clearly identify the type of modulation. Upon 
request, additional details of the operating characteristics of the 
equipment must also be furnished;
    (iv) Response to notification should be made as quickly as possible, 
even if no technical problems are anticipated. Any response to 
notification indicating potential interference must specify the 
technical details and must be provided to the applicant, in writing, 
within the 30-day notification period. Every reasonable effort should be 
made by all applicants, permittees and licensees to eliminate all 
problems and conflicts. If no response to notification is received 
within 30 days, the applicant will be deemed to have made reasonable 
efforts to coordinate and may file its application without a response;
    (v) The 30-day notification period is calculated from the date of 
receipt by the applicant, permittee, or licensee being notified. If 
notification is by mail, this date may be ascertained by:
    (A) The return receipt on certified mail;
    (B) The enclosure of a card to be dated and returned by the 
recipient; or
    (C) A conservative estimate of the time required for the mail to 
reach its destination. In the last case, the estimated date when the 30-
day period would expire should be stated in the notification.
    (vi) An expedited prior coordination period (less than 30 days) may 
be requested when deemed necessary by a notifying party. The 
coordination notice should be identified as ``expedited'' and the 
requested response date should be clearly indicated. However, 
circumstances preventing a timely response from the receiving party 
should be accommodated accordingly. It is the responsibility of the 
notifying party to receive written concurrence (or verbal, with written 
to follow) from affected

[[Page 662]]

parties or their coordination representatives.
    (vii) All technical problems that come to light during coordination 
must be resolved unless a statement is included with the application to 
the effect that the applicant is unable or unwilling to resolve the 
conflict and briefly the reason therefor;
    (viii) Where a number of technical changes become necessary for a 
system during the course of coordination, an attempt should be made to 
minimize the number of separate notifications for these changes. Where 
the changes are incorporated into a completely revised notice, the items 
that were changed from the previous notice should be identified. When 
changes are not numerous or complex, the party receiving the changed 
notification should make an effort to respond in less than 30 days. When 
the notifying party believes a shorter response time is reasonable and 
appropriate, it may be helpful for that party to so indicate in the 
notice and perhaps suggest a response date;
    (ix) If, after coordination is successfully completed, it is 
determined that a subsequent change could have no impact on some parties 
receiving the original notification, these parties must be notified of 
the change and of the coordinator's opinion that no response is 
required;
    (x) Applicants, permittees and licensees should supply to all other 
applicants, permittees and licensees within their areas of operations, 
the name, address and telephone number of their coordination 
representatives. Upon request from coordinating applicants, permittees 
and licensees, data and information concerning existing or proposed 
facilities and future growth plans in the area of interest should be 
furnished unless such request is unreasonable or would impose a 
significant burden in compilation;
    (xi) Parties should keep other parties with whom they are 
coordinating advised of changes in plans for facilities previously 
coordinated. If applications have not been filed 6 months after 
coordination was initiated, parties may assume that such frequency use 
is no longer desired unless a second notification has been received 
within 10 days of the end of the 6 month period. Renewal notifications 
are to be sent to all originally notified parties, even if coordination 
has not been successfully completed with those parties; and
    (xii) Any frequency reserved by a licensee for future use in the 
bands subject to this part must be released for use by another licensee, 
permittee or applicant upon a showing by the latter that it requires an 
additional frequency and cannot coordinate one that is not reserved for 
future use.
    (e) Where frequency conflicts arise between co-pending applications 
in the Private Operational Fixed Point-to-Point Microwave, Common 
Carrier Fixed Point-to-Point Microwave and Local Television Transmission 
Services, it is the obligation of the later filing applicant to amend 
his application to remove the conflict, unless it can make a showing 
that the conflict cannot be reasonably eliminated. Where a frequency 
conflict is not resolved and no showing is submitted as to why the 
conflict cannot be resolved, the Commission may grant the first filed 
application and dismiss the later filed application(s) after giving the 
later filing applicant(s) 30 days to respond to the proposed action.
    (f) When the proposed facilities are to be operated in the band 
12,500-12,700 MHz, applications must also follow the procedures in 
Sec. 101.21 and the technical standards and requirements of part 25 of 
this chapter as regards licensees in the Communication-Satellite 
Service.
    (g) Licensees operating in Basic Trading Areas authorized in the 
Local Multipoint Distribution Service. (1) When the transmitting 
facilities in a Basic Trading Area (BTA) are to be operated in the bands 
27,500-28,350 MHz; 29,100-29,250 MHz; and 31,000-31,300 MHz and the 
facilities are located within 20 kilometers of the boundaries of a BTA, 
each licensee must complete the frequency coordination process of 
paragraph (d)(2) of this section with respect to neighboring BTA 
licensees that may be affected by its operations prior to initiating 
service. In addition, all licensed transmitting facilities operating in 
the bands 31,000-31,075 MHz and 31,225-31,300 MHz and located within 20 
kilometers of neighboring facilities

[[Page 663]]

must complete the frequency coordination process of paragraph (d)(2) of 
this section with respect to such authorized operations before 
initiating service.
    (2) Response to notification should be made as quickly as possible, 
even if no technical problems are anticipated. Any response to 
notification indicating potential interference must specify the 
technical details and must be provided to the applicant, either 
electronically or in writing, within the 30-day notification period. 
Every reasonable effort should be made by all licensees to eliminate all 
problems and conflicts. If no response to notification is received 
within 30 days, the licensee will be deemed to have made reasonable 
efforts to coordinate and commence operation without a response. The 
beginning of the 30-day period is determined pursuant to paragraph 
(d)(2)(v) of this section.
    (h) Special requirements for operations in the band 29,100-29,250 
MHz. (1)(i) Local Multipoint Distribution Service (LMDS) receive 
stations operating on frequencies in the 29,100-29,250 MHz band within a 
radius of 75 nautical miles of the geographic coordinates provided by a 
non-GSO-MSS licensee pursuant to Sec. 101.113(c)(2) or (c)(3)(i) (the 
``feeder link earth station complex protection zone'') shall accept any 
interference caused to them by such earth station complexes and shall 
not claim protection from such earth station complexes.
    (ii) LMDS licensees operating on frequencies in the 29,100-29,250 
MHz band outside a feeder link earth station complex protection zone 
shall cooperate fully and make reasonable efforts to resolve technical 
problems with the non-GSO MSS licensee to the extent that transmissions 
from the non-GSO MSS operator's feeder link earth station complex 
interfere with an LMDS receive station.
    (2) No more than 15 days after the release of a public notice 
announcing the commencement of LMDS auctions, feeder link earth station 
complexes to be licensed pursuant to Sec. 25.257 of this chapter shall 
be specified by a set of geographic coordinates in accordance with the 
following requirements: no feeder link earth station complex may be 
located in the top eight (8) metropolitan statistical areas (MSAs), 
ranked by population, as defined by the Office of Management and Budget 
as of June 1993, using estimated populations as of December 1992; two 
(2) complexes may be located in MSAs 9 through 25, one of which must be 
Phoenix, AZ (for a complex at Chandler, AZ); two (2) complexes may be 
located in MSAs 26 to 50; three (3) complexes may be located in MSAs 51 
to 100, one of which must be Honolulu, Hawaii (for a complex at Waimea); 
and the three (3) remaining complexes must be located at least 75 
nautical miles from the borders of the 100 largest MSAs or in any MSA 
not included in the 100 largest MSAs. Any location allotted for one 
range of MSAs may be taken from an MSA below that range.
    (3)(i) Any non-GSO MSS licensee may at any time specify sets of 
geographic coordinates for feeder link earth station complexes with each 
earth station contained therein to be located at least 75 nautical miles 
from the border of the 100 largest MSAs.
    (ii) For purposes of paragraph (h)(3)(i) of this section, non-GSO 
MSS feeder link earth station complexes shall be entitled to 
accommodation only if the affected non-GSO MSS licensee preapplies to 
the Commission for a feeder link earth station complex or certifies to 
the Commission within sixty days of receiving a copy of an LMDS 
application that it intends to file an application for a feeder link 
earth station complex within six months of the date of receipt of the 
LMDS application.
    (iii) If said non-GSO MSS licensee application is filed later than 
six months after certification of the Commission, the LMDS and non-GSO 
MSS entities shall still cooperate fully and make reasonable efforts to 
resolve technical problems, but the LMDS licensee shall not be obligated 
to re-engineer its proposal or make changes to its system.
    (4) LMDS licensees or applicants proposing to operate hub stations 
on frequencies in the 29,100-29,250 MHz band at locations outside of the 
100 largest MSAs or within a distance of 150 nautical miles from a set 
of geographic coordinates specified under paragraphs (h)(2) or (h)(3)(i) 
of this section shall serve copies of their applications on all

[[Page 664]]

non-GSO MSS applicants, permittees or licensees meeting the criteria 
specified in Sec. 25.257(a). Non-GSO MSS licensees or applicants shall 
serve copies of their feeder link earth station applications, after the 
LMDS auction, on any LMDS applicant or licensee within a distance of 150 
nautical miles from the geographic coordinates that it specified under 
Sec. 101.113(c)(2) or (c)(3)(i). Any necessary coordination shall 
commence upon notification by the party receiving an application to the 
party who filed the application. The results of any such coordination 
shall be reported to the Commission within sixty days. The non-GSO MSS 
earth station licensee shall also provide all such LMDS licensees with a 
copy of its channel plan.
    (i)(1) When the licensed facilities are to be operated in the band 
38,600 MHz to 40,000 MHz and the facilities are located within 16 
kilometers of the boundaries of a Basic Trading Area, each licensee must 
complete the frequency coordination process of Sec. 101.103(d) with 
respect to neighboring BTA licensees and existing licensees within its 
BTA service area that may be affected by its operation prior to 
initiating service. In addition to the technical parameters listed in 
Sec. 101.103(d), the coordinating licensee must also provide potentially 
affected parties technical information related to its subchannelization 
plan and system geometry.
    (2) Response to notification should be made as quickly as possible, 
even if no technical problems are anticipated. Any response to 
notification indicating potential interference must specify the 
technical details and must be provided to the licensee, either 
electronically or in writing, within 10 days of notification. Every 
reasonable effort should be made by all licensees to eliminate all 
problems and conflicts. If no response to notification is received 
within 10 days, the licensee will be deemed to have made reasonable 
efforts to coordinate and may commence operation without a response. The 
beginning of the 10-day period is determined pursuant to 
Sec. 101.103(d)(v).

[61 FR 26677, May 28, 1996, as amended at 62 FR 23165, Apr. 29, 1997; 63 
FR 6105, Feb. 6, 1998; 63 FR 9448, Feb. 25, 1998; 63 FR 14039, Mar. 24, 
1998]



Sec. 101.105  Interference protection criteria.

    (a) The interference protection criteria for fixed stations subject 
to this part are as follows:
    (1) To long-haul analog systems, employing frequency modulated radio 
and frequency division multiplexing to provide multiple voice channels, 
the allowable interference level per exposure:
    (i) Due to co-channel sideband-to-sideband interference must not 
exceed 5 pwpO (Picowatts of absolute noise power psophometrically 
weighted (pwpO), appearing in an equivalent voice band channel of 300-
3400 Hz); or
    (ii) Due to co-channel carrier-beat interference must not exceed 50 
pwpO.
    (2) To short-haul analog systems employing frequency modulated radio 
and frequency division multiplexing to provide multiple voice channels, 
the allowable interference level per exposure:
    (i) Due to co-channel sideband-to-sideband interference must not 
exceed 25 pwpO except in the 952-960 MHz band interference into single 
link fixed relay and control stations must not exceed 250 pwpO per 
exposure; or
    (ii) Due to co-channel carrier-beat interference must not exceed 50 
pwpO except in the 952-960 MHz band interference into single link fixed 
relay and control stations must not exceed 1000 pwpO per exposure.
    (3) FM-TV. In analog systems employing frequency modulated radio 
that is modulated by a standard, television (visual) signal, the 
allowable interference level per exposure may not exceed the levels 
which would apply to long-haul or short-haul FM-FDM systems, as outlined 
in paragraphs (b) (1) and (2) of this section, having a 600-1200 voice 
channel capacity.
    (b) In addition to the requirements of paragraph (a) of this section 
the adjacent channel interference protection criteria to be afforded, 
regardless of system length, or type of modulation,

[[Page 665]]

multiplexing, or frequency band, must be such that the interfering 
signal does not produce more than 1.0 dB degradation of the practical 
threshold of the protected receiver. The ``practical threshold'' of the 
protected receiver can be based upon the definition in TSB 10, 
referenced in paragraph (c) of this section, or upon alternative 
generally acceptable good engineering standards.
    (c) Applying the criteria. (1) Guidelines for applying the 
interference protection criteria for fixed stations subject to this part 
are specified in the Telecommunications Industry Association's 
Telecommunications Systems Bulletin TSB 10, ``Interference Criteria for 
Microwave Systems'' (TSB 10). Other procedures that follow generally 
acceptable good engineering practices are also acceptable to the 
Commission.
    (2) If TSB 10 guidelines cannot be used, the following interference 
protection criteria may be used by calculating the ratio in dB between 
the desired (carrier signal) and the undesired (interfering) signal (C/I 
ratio) appearing at the input to the receiver under investigation 
(victim receiver): Except as provided in Sec. 101.147 where the 
applicants proposed facilities are of a type not included in paragraphs 
(a) and (b) of this section or where the development of the carrier-to-
interference (C/I) ratio is not covered by generally acceptable 
procedures, or where the applicant does not wish to develop the carrier-
to-interference ratio, the applicant must, in the absence of criteria or 
a developed C/I ratio, employ the following C/I protection ratios:
    (i) Co-channel interference. Both sideband and carrier-beat, 
applicable to all bands; the existing or previously authorized system 
must be afforded a carrier to interfering signal protection ratio of at 
least 90 dB except in the 952-960 MHz band where it must be 75 dB; or
    (ii) Adjacent channel interference. Applicable to all bands; the 
existing or previously authorized system must be afforded a carrier to 
interfering signal protection ratio of at least 56 dB.
    (3) Applicants for frequencies listed in Sec. 101.147(b)(1) must 
make the following showings that protection criteria have been met over 
the entire service area of existing systems. Such showings may be made 
by the applicant or may be satisfied by a statement from a frequency 
coordinator.
    (i) For multiple address stations in the 928-929/952-960 MHz bands, 
a statement that the proposed system complies with the following co-
channel separations from all existing stations and pending applications:

Fixed-to-fixed--145 km;
Fixed-to-mobile--113 km:
Mobile-to-mobile 81 km

    Note to (3)(i): Multiple address systems employing only remote 
stations will be treated as mobile for the purposes of determining the 
appropriate separation. For mobile operation, the mileage is measured 
from the reference point specified on the license application. For fixed 
operation on subfrequencies in accordance with Sec. 101.147 the mileage 
also is measured from the reference point specified on the license 
application;

    (ii) For multiple address stations in the 932-932.5/941-941.5 MHz 
bands, a statement that the proposed system complies with the following 
co-channel separation from all existing stations and pending 
applications:

Fixed-to-fixed--113 Km

    (iii) In cases where the geographic separation standard in 
paragraphs (c)(3)(i) and (c)(3)(ii) of this section are not followed, an 
engineering analysis must be submitted to show the coordination of the 
proposed assignment with existing systems located closer than those 
standards. The engineering analyses will include:
    (A) Specification of the interference criteria and system parameters 
used in the interference study;
    (B) Nominal service areas of each system included in the 
interference analysis.;
    (C) Modified service areas resulting from the proposed system. The 
propagation models used to establish the service boundary limits must be 
specified and any special terrain features considered in computing the 
interference impact should be described; and
    (D) A statement that all parties affected have agreed to the 
engineering analysis and will accept the calculated levels of 
interference.
    (4) Multiple address systems operating on subfrequencies in 
accordance with Sec. 101.147 that propose to operate

[[Page 666]]

master stations at unspecified locations must define the operating area 
by a radius about a geographical coordinate and describe how 
interference to co-channel users will be controlled.
    (5) Multiple address frequencies in the 956 MHz band may be assigned 
for use by mobile master stations on a primary basis. Multiple address 
frequencies in the 952 MHz band may be assigned for use by mobile master 
stations on a case-by-case basis. Mobile operation in the 952 MHz band 
will be on a secondary basis to fixed operations.
    (6) Each application for new or modified nodal station on channels 
numbered 4A, 4B, 7, 9, and 19/20 in the 10.6 GHz band and all point-to-
multipoint channels in the 18 GHz band must demonstrate that all 
existing co-channel stations are at least 56 kilometers from the 
proposed nodal station site. Applicants for these channels must certify 
that all licensees and applicants for stations on the adjacent channels 
within 56 kilometers of the proposed nodal station have been notified of 
the proposed station and do not object. Alternatively, or if one of the 
affected adjacent channel interests does object, the applicant may show 
that all affected adjacent channel parties are provided a C/I protection 
ratio of 0 dB. An applicant proposing to operate at an AAT greater than 
91 meters must reduce its EIRP in accordance with the following table; 
however, in no case may EIRP exceed 70 dBm on the 10.6 GHz channels.

------------------------------------------------------------------------
                         AAT (meters)                           EIRP dBm
------------------------------------------------------------------------
Above 300....................................................        +38
251 to 300...................................................         41
201 to 250...................................................         43
151 to 200...................................................         49
101 to 150...................................................         55
100 and below................................................         85
------------------------------------------------------------------------

    (7) Each application for new or modified nodal station on channels 
numbered 21, 22, 23, and 24 in the 10.6 GHz band must include an 
analysis of the potential for harmful interference to all other licensed 
and previously applied for co-channel and adjacent channel station 
located within 80 kilometers of the location of the proposed station. 
The criteria contained in Sec. 101.103(d)(2) must be used in this 
analysis. Applicants must certify that copies of this analysis have been 
served on all parties which might reasonably be expected to receive 
interference above the levels set out in Sec. 101.103(d)(2) within 5 
days of the date the subject application is filed with the Commission.
    (8) If the potential interference will exceed the prescribed limits, 
a statement shall be submitted with the application for new or modified 
stations to the effect that all parties have agreed to accept the higher 
level of interference.
    (d) Effective August 1, 1985, when a fixed station that conforms to 
the technical standards of this subpart (or, in the case of the 12,200-
12,700 MHz band, a direct broadcast satellite station) receives or will 
receive interference in excess of the levels specified in this section 
as a result of an existing licensee's use of non-conforming equipment 
authorized between July 20, 1961 and July 1, 1976, and the interference 
would not result if the interfering station's equipment complied with 
the current technical standards, the licensee of the non-conforming 
station must take whatever steps are necessary to correct the situation 
up to the point of installing equipment which fully conforms to the 
technical standards of this subpart. In such cases, if the engineering 
analysis demonstrates that:
    (1) The conforming station would receive interference from a non-
conforming station in excess of the levels specified in this section; 
and
    (2) The interference would be eliminated if the non-conforming 
equipment were replaced with equipment which complies with the standards 
of this subpart, the licensee (or prospective licensee) of the station 
which would receive interference must provide written notice of the 
potential interference to both the non-conforming licensee and the 
Commission's office in Gettysburg, PA. The non-conforming licensee must 
make all required equipment changes within 180 days from the date of 
official Commission notice informing the licensee that it must upgrade 
its equipment, unless an alternative solution has been agreed to by all 
parties involved in the interference situation. If a non-conforming 
licensee fails to

[[Page 667]]

make all required changes within the specified period of time, the 
Commission may require the licensee to suspend operation until the 
changes are completed.
    (e) Interference dispute resolution procedures. Should a licensee 
licensed under this part receive harmful interference from another 
licensee licensed under this chapter, the parties involved shall comply 
with the dispute resolution procedures set forth herein:
    (1) The licensee experiencing the harmful interference shall notify 
the licensee believed to be causing the harmful interference and shall 
supply information describing its problem and supporting its claim;
    (2) Upon receipt of the harmful interference notice, the licensee 
alleged to be causing the harmful interference shall respond immediately 
and make every reasonable effort to identify and resolve the conflict; 
and
    (3) Licensees are encouraged to resolve the harmful interference 
prior to contacting the Commission.



Sec. 101.107  Frequency tolerance.

    (a) The carrier frequency of each transmitter authorized in these 
services must be maintained within the following percentage of the 
reference frequency except as otherwise provided in paragraph (b) of 
this section or in the applicable subpart of this part (unless otherwise 
specified in the instrument of station authorization the reference 
frequency will be deemed to be the assigned frequency):

------------------------------------------------------------------------
                                         Frequency Tolerance (percent)
                                     -----------------------------------
                                                    Mobile      Mobile
           Frequency (MHz)             All fixed   stations   stations 3
                                       and base     over 3     watts or
                                       stations      watts       less
------------------------------------------------------------------------
928 to 929 2, 5.....................     0.0005   ..........  ..........
932 to 932.5 \2\....................     0.00015  ..........  ..........
932.5 to 935 \2\....................     0.00025  ..........  ..........
941 to 941.5........................     0.00015  ..........  ..........
941.5 to 944........................     0.00025  ..........  ..........
952 to 960 \7\......................  ..........  ..........  ..........
944.0 to 1,000......................     0.0005       0.0005      0.0005
1,850 to 1,990......................     0.002    ..........  ..........
2,110 to 2,200......................     0.001    ..........  ..........
2,200 to 12,200 1, 3................     0.005        0.005       0.005
2,450 to 2,500......................     0.001    ..........  ..........
3,700 to 4,200......................     0.005    ..........  ..........
5,925 to 6,875......................     0.005    ..........  ..........
10,550 to 11,700....................     0.005    ..........  ..........
12,200 to 13,250 \6\................     0.005    ..........  ..........
12,200 to 17,700....................     0.03         0.03        0.03
17,700 to 18,820 4, 5...............     0.003    ..........  ..........
18,820 to 18,920 4, 5...............     0.001    ..........  ..........
18,920 to 19,700 4, 5...............     0.003    ..........  ..........
19,700 to 27,500 \6\................     0.03     ..........  ..........
27,500 to 28,350....................     0.001    ..........  ..........
29,100 to 29,250....................     0.001    ..........  ..........
31,000 to 31,075 \8\................     0.001    ..........  ..........
31,075 to 31,225 \8\................     0.001    ..........  ..........
31,225 to 31,300 \8\................     0.001    ..........  ..........
31,300 to 40,000 \6\................     0.03 \9\     0.03        0.03
------------------------------------------------------------------------
\1\ Applicable only to common carrier LTTS stations. Beginning Aug. 9,
  1975, this tolerance will govern the marketing of LTTS equipment and
  the issuance of all such authorizations for new radio equipment. Until
  that date new equipment may be authorized with a frequency tolerance
  of .03 percent in the frequency range 2,200 to 10,500 MHz and .05
  percent in the range 10,500 MHz to 12,200 MHz, and equipment so
  authorized may continue to be used for its life provided that it does
  not cause interference to the operation of any other licensee.
\2\ Equipment authorized to be operated on frequencies between 890 and
  940 MHz as of Oct. 15, 1956, must maintain a frequency tolerance
  within 0.03 percent subject to the condition that no harmful
  interference is caused to any other radio station.
\3\ See subpart G of this part for the stability requirements for
  transmitters used in the Digital Electronic Message Service.
\4\ Existing authorized equipment with a frequency tolerance of 0.03% may be marketed until December 1, 1988. Equipment
  installed and operated prior to December 1, 1988 may continue to
  operate after that date with a minimum frequency tolerance of 0.03%. However, the replacement of equipment requires that the
  0.003% tolerance be met.
\5\ For remote stations with 12.5 KHz bandwidth, the tolerance is 0.00015%.
\6\ Applicable to private operational fixed point-to-point microwave
  only. For exceptions see Sec.  101.147.
\7\ For private operational fixed point-to-point microwave systems, with
  a channel greater than or equal to 50 KHz bandwidth, 0.0005%; for multiple address master stations, regardless of
  bandwidth, 0.00015%; for multiple address remote stations
  with 12.5 KHz bandwidths, 0.00015%; for multiple address
  remote stations with channels greater than 12.5 KHz bandwidth, 0.0005%.
\8\ For stations authorized prior to March 11, 1997, and for non-Local
  Multipoint Distribution Service stations authorized pursuant to
  applications refiled no later than June 26, 1998, the transmitter
  frequency tolerance shall not exceed 0.030 percent.
\9\ Equipment authorized to be operated in the 38,600-40,000 MHz band is
  exempt from the frequency tolerance requirement noted in the above
  table.

    (b) Heterodyne microwave radio systems may be authorized at a 
somewhat less restrictive frequency tolerance (up to .01 percent) to 
compensate for frequency shift caused by numerous repeaters between base 
band signal insertion. Where such relaxation is sought, applicant must 
provide all calculations and indicate the desired tolerance over each 
path. In such instances the radio transmitters and receivers used must 
individually be capable of complying with the tolerance specified in 
paragraph (a) of this section. Heterodyne operation is restricted to 
channel bandwidth of 10 MHz or greater.
    (c) As an additional requirement in any band where the Commission 
makes assignments according to a specified

[[Page 668]]

channel plan, provisions must be made to prevent the emission included 
within the occupied bandwidth from radiating outside the assigned 
channel at a level greater than that specified in Sec. 101.111.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23167, Apr. 29, 1997; 63 
FR 6105, Feb. 6, 1998; 63 FR 9448, Feb. 25, 1998; 63 FR 14039, Mar. 24, 
1998; 63 FR 36611, July 7, 1998]

    Effective Date Note:  At 63 FR 36611, July 7, 1998, Sec. 101.107, 
footnote 4 following the table was amended by removing the term ``type 
accepted'' and adding in its place ``authorized'', effective Oct. 5, 
1998.



Sec. 101.109  Bandwidth.

    (a) Each authorization issued pursuant to these rules will show, as 
the emission designator, a symbol representing the class of emission 
which must be prefixed by a number specifying the necessary bandwidth. 
This figure does not necessarily indicate the bandwidth actually 
occupied by the emission at any instant. In those cases where part 2 of 
this chapter does not provide a formula for the computation of the 
necessary bandwidth, the occupied bandwidth may be used in the emission 
designator.
    (b) Stations in this service will be authorized any type of 
emission, method of modulation, and transmission characteristic, 
consistent with efficient use of the spectrum and good engineering 
practice, except that Type B, damped-wave emission will not be 
authorized.
    (c) The maximum bandwidth which will be authorized per frequency 
assigned is set out in the table that follows. Regardless of the maximum 
authorized bandwidth specified for each frequency band, the Commission 
reserves the right to issue a license for less than the maximum 
bandwidth if it appears that a lesser bandwidth would be sufficient to 
support an applicant's intended communications.

------------------------------------------------------------------------
           Frequency band (MHz)             Maximum authorized bandwidth
------------------------------------------------------------------------
928 to 929................................  25 KHz 1, 6
932 to 932.5, 941 to 941.5................  12.5 KHz \1\
932.5 to 935, 941.5 to 944................  200 KHz \1\
952 to 960................................  200 KHz 1, 5
1,850 to 1,990............................  10 MHz \1\
2,110 to 2,130............................  3.5 MHz
2,130 to 2,150............................  800 or 1600 KHz \1\
2,150 to 2,160............................  10 MHz
2,160 to 2,180............................  3.5 MHz
2,180 to 2,200............................  800 or 1600 KHz \1\
2,450 to 2,483.5..........................  625 KHz \2\
2,483.5 to 2,500..........................  800 KHz
3,700 to 4,200............................  20 MHz
5,925 to 6,425............................  30 MHz \1\
6,425 to 6,525............................  25 MHz
6,525 to 6,875............................  10 MHz \1\
10,550 to 10,680..........................  5 MHz \1\
10,700 to 11,700..........................  40 MHz \1\
12,200 to 12,700..........................  20 MHz \1\
13,200 to 13,250..........................  25 MHz
17,700 to 18,140..........................  220 MHz \1\
18,140 to 18,142..........................  2 MHz
18,142 to 18,580..........................  6 MHz
18,580 to 18,820..........................  20 MHz \1\
18,820 to 18,920..........................  10 MHz
18,920 to 19,160..........................  20 MHz \1\
19,160 to 19,260..........................  10 MHz
19,260 to 19,700..........................  220 MHz \1\
21,200 to 23,600..........................  100 MHz \4\
24,250 to 25,250..........................  40 MHz
27,500 to 28,350..........................  850 MHz
29,100 to 29,250..........................  150 MHz
31,000 to 31,075..........................  75 MHz
31,075 to 31,225..........................  150 MHz
31,225 to 31,300..........................  75 MHz
38,600 to 40,000..........................  50 MHz \7\
Above 40,000..............................   (\3\)
------------------------------------------------------------------------
\1\ The maximum bandwidth that will be authorized for each particular
  frequency in this band is detailed in the appropriate frequency table
  in Sec.  101.147.
\2\ 1250 KHz, 1875 KHz, or 2500 KHz on a case-by-case basis.
\3\ To be specified in authorization.
\4\ For exceptions, see Sec.  101.147(t).
\5\ A 12.5 KHz bandwidth applies only to frequencies listed in Sec.
  101.147(b)(1).
\6\ For frequencies listed in Sec.  101.147(b)(1), consideration will be
  given on a case-by-case basis to authorizing bandwidths up to 50 KHz.
\7\ For channel block assignments in the 38,600-40,000 MHz band, the
  authorized bandwidth is equivalent to an unpaired channel block
  assignment or to either half of a symmetrical paired channel block
  assignment. When adjacent channels are aggregated, equipment is
  permitted to operate over the full channel block aggregation without
  restriction.
Note to Footnote 7: Unwanted emissions shall be suppressed at the
  aggregate channel block edges based on the same roll-off rate as is
  specified for a single channel block in paragraphs 101.111(a)(ii) and
  (iii) of this chapter.


[61 FR 26677, May 28, 1996, as amended at 61 FR 44181, Aug. 28, 1996; 62 
FR 23167, Apr. 29, 1997; 62 FR 24582, May 6, 1997; 63 FR 6105, Feb. 6, 
1998]



Sec. 101.111  Emission limitations.

    (a) The mean power of emissions must be attenuated below the mean 
output power of the transmitter in accordance with the following 
schedule:
    (1) When using transmissions other than those employing digital 
modulation techniques:
    (i) On any frequency removed from the assigned frequency by more 
than 50 percent up to and including 100 percent of the authorized 
bandwidth: At least 25 decibels;
    (ii) On any frequency removed from the assigned frequency by more 
than

[[Page 669]]

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. 101.141(b)) in situations not covered in this section:
    (i) For operating frequencies below 15 GHz, in any 4 KHz band, the 
center frequency of which is removed from the assigned frequency by more 
than 50 percent up to and including 250 percent of the authorized 
bandwidth: As specified by the following equation but in no event less 
than 50 decibels:

A = 35 + 0.8(P - 50) + 10 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) For operating frequencies above 15 GHz, in any 1 MHz band, the 
center frequency of which is removed from the assigned frequency by more 
than 50 percent up to and including 250 percent of the authorized 
bandwidth: As specified by the following equation but in no event less 
than 11 decibels:

A = 11 + 0.4(P - 50) + 10 Log10 B. (Attenuation greater than 
    56 decibels is not required.)

    (iii) In any 4 KHz band, the center frequency of which is removed 
from the assigned frequency by more than 250 percent of the authorized 
bandwidth: At least 43+10 Log10 (mean output power in watts) 
decibels, or 80 decibels, whichever is the lesser attenuation.
    (3) For Digital Termination System channels used in the Digital 
Electronic Message Service (DEMS) operating in the 10,550-10,680 MHz 
band:
    (i) In any 4 KHz band, the center frequency of which is removed from 
the edge of the DEMS channel by up to and including 1.125 times the DEMS 
subchannel bandwidth: As specified by the following equation may in no 
event be less than 50+10 log10 N decibels:

A = 50 + 0.0333(F - 0.5B) + 10 log10 N decibels

Where:

A = Attenuation (in decibels) below means output power level contained 
within the DEMS channel for a given polarization.
B = Bandwidth of DEMS channel (in KHz).
F = Absolute value of the difference between the center frequency of the 
4 KHz band measured and the center frequency of the DEMS channel (in 
KHz).
N = Number of active subchannels of the given polarization within the 
DEMS channel.

    (ii) In any 4 KHz band within the authorized DEMS band the center 
frequency of which is removed from the center frequency of the DEMS 
channel by more than the sum of 50% of the DEMS channel bandwidth plus 
1.125 times the subchannel bandwidth: As specified by the following 
equation but in no event less than 80 decibels:

A = 80 + 10 log10 N decibels

    (iii) In any 4 KHz band the center frequency of which is outside the 
authorized DEMS band: At least 43+10 log10 (mean output power 
in watts) decibels.
    (4) For Digital Termination System channels used in the Digital 
Electronic Message Service (DEMS) operating in the 17,700-19,700 and 
24,250-25,250 MHz bands:
    (i) In any 4 KHz band, the center frequency of which is removed from 
the frequency of the center of the DEMS channel by more than 50 percent 
of the DEMS channel bandwidth up to and including 50 percent plus 500 
KHz: As specified by the following equation but in no event be less than 
50+10 log10 N decibels:

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

Where:
A = Attenuation (in decibels) below means output power level contained 
within the DEMS channel for a given polarization.
B = Bandwidth of DEMS channel (in KHz).
F = Absolute value of the difference between the center frequency of the 
4 KHz band measured and the center frequency of the DEMS channel (in 
KHz).
N = Number of active subchannels of the given polarization within the 
DEMS channel.


[[Page 670]]


    (ii) In any 4 KHz band within the authorized DEMS band, the center 
frequency of which is removed from the center frequency of the DEMS 
channel by more than the sum of 50 percent of the channel bandwidth plus 
500 KHz: As specified by the following equation but in no event less 
than 80 decibels:

A=80+10 log10 N decibels

    (iii) In any 4 KHz band the center frequency of which is outside the 
authorized Digital Message Service band: At least 43+10 log10 
(mean output power in watts) decibels.
    (5) When using transmissions employing digital modulation techniques 
on the 900 MHz multiple address frequencies with a 12.5 KHz bandwidth, 
the power of any emission must be attenuated below the unmodulated 
carrier power of the transmitter (P) in accordance with the following 
schedule:
    (i) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in KHz) of more than 2.5 KHz 
up to and including 6.25 KHz: At least 53 log10 (fd/2.5) 
decibels;
    (ii) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in KHz) of more than 6.25 KHz 
up to and including 9.5 KHz: At least 103 log10 (fd/3.9) 
decibels;
    (iii) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in KHz) of more than 9.5 KHz 
up to and including 15 KHz: At least 157 log10 (fd/5.3) 
decibels; and
    (iv) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency greater than 15 KHz: At least 50 
plus 10 log10(P) or 70 decibels, whichever is the lesser 
attenuation.
    (6) When using transmissions employing digital modulation techniques 
on the 900 MHz multiple address frequencies with a bandwidth greater 
than 12.5 KHz, the power of any emission must be attenuated below the 
unmodulated carrier power of the transmitter (P) in accordance with the 
following schedule:
    (i) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in KHz) of more than 5 KHz up 
to and including 10 KHz: At least 83 log10 (fd/5) decibels;
    (ii) On any frequency removed from the center of the authorized 
bandwidth by a displacement frequency (fd in KHz) of more than 10 KHz up 
to and including 250 percent of the authorized bandwidth: At least 116 
log10 (fd/6.1) decibels or 50 plus 10 log10 (P) or 
70 decibels, whichever is the lesser attenuation; and
    (iii) On any frequency removed from the center of the authorized 
bandwidth by more that 250 percent of the authorized bandwidth: At least 
43 plus 10 log10 (output power in watts) decibels or 80 
decibels, whichever is the lesser attenuation.
    (b) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than specified in paragraph (a) of this section.
    (c) The emission of an unmodulated carrier is prohibited except for 
test purposes as required for proper station and system maintenance.

[61 FR 26677, May 28, 1996, as amended at 62 FR 24582, May 6, 1997]



Sec. 101.113  Transmitter power limitations.

    (a) On any authorized frequency, the average power delivered to an 
antenna in this service must be the minimum amount of power necessary to 
carry out the communications desired. Application of this principle 
includes, but is not to be limited to, requiring a licensee who replaces 
one or more of its antennas with larger antennas to reduce its antenna 
input power by an amount appropriate to compensate for the increased 
primary lobe gain of the replacement antenna(s). In no event shall the 
average equivalent isotropically radiated power (EIRP), as referenced to 
an isotropic radiator, exceed the values specified below. In cases of 
harmful interference, the Commission may, after notice and opportunity 
for hearing, order a change in the effective radiated power of this 
station. Further, the output power of a transmitter on any authorized 
frequency in this service may not exceed the following:

[[Page 671]]



------------------------------------------------------------------------
                                                      Maximum allowable
                                                        EIRP \1\ \2\
               Frequency Band (MHz)                ---------------------
                                                      Fixed      Mobile
                                                      (dBW)      (dBW)
------------------------------------------------------------------------
928.0 to 929.0....................................        +17  .........
932.0 to 932.5....................................        +17  .........
932.5 to 935.0....................................        +40  .........
941.0 to 941.5....................................        +30  .........
941.5 to 944.0....................................        +40  .........
952.0 to 960.0 \2\................................        +40  .........
1,850 to 1,990....................................        +45  .........
2,110 to 2,130....................................        +45  .........
2,130 to 2,150....................................        +45  .........
2,150 to 2,160 \3\................................        +45  .........
2,160 to 2,180 \3\................................        +45  .........
2,180 to 2,200....................................        +45  .........
2,450 to 2,500....................................        +45  .........
2,500 to 2,686 \4\................................  .........  .........
2,686 to 2,690 \4\................................        +45  .........
3,700 to 4,200....................................        +55  .........
5,925 to 6,425 \4\................................        +55  .........
6,425 to 6,525 \4\................................  .........        +35
6,525 to 6,875 \4\................................        +55  .........
10,550 to 10,680 \5\..............................        +55  .........
10,700 to 11,700..................................        +55  .........
12,200 to 12,700..................................        +50  .........
12,700 to 13,250 \4\..............................        +50  .........
17,700 to 18,600..................................        +55  .........
18,600 to 18,800 \6\..............................        +35  .........
18,800 to 19,700..................................        +55  .........
21,200 to 23,600 \7\..............................    \5\ +55  .........
24,250 to 25,250..................................        +55  .........
27,500 to 28,350 \9\..............................         55  .........
29,100 to 29,250..................................      (\7\)  .........
31,000 to 31,075 \8\, \9\.........................         30         30
31,075 to 31,225 \8\, \9\.........................         30         30
31,225 to 31,300 \8\, \9\.........................         30         30
38,600 to 40,000..................................        +55  .........
------------------------------------------------------------------------
\1\ Per polarization.
\2\ For multiple address operations, see Sec.  101.147. Remote alarm
  units that are part of a multiple address central station protection
  system are authorized a maximum of 2 watts.
\3\ When an omnidirectional antenna is authorized in the 2150-2160 MHz
  band, the maximum power shall be 60 dBm.
\4\ Also, see Sec.  101.145.
\5\ The output power of a DEMS System nodal transmitter shall not exceed
  0.5 watts per 250 KHz. The output power of a DEMS System user
  transmitter shall not exceed 0.04 watts per 250 KHz. The transmitter
  power in terms of the watts specified is the peak envelope power of
  the emission measured at the associated antenna input port. The
  operating power shall not exceed the authorized power by more than 10
  percent of the authorized power in watts at any time.
\6\ Maximum power delivered to the antenna shall not exceed -3 dBW.
\7\ See Sec.  101.113(c).
\8\ For stations authorized prior to March 11, 1997, and for non-Local
  Multipoint Distribution Service stations authorized pursuant to
  applications refiled no later than June 26, 1998, the transmitter
  output power shall not exceed 0.050 watt.
\9\ For subscriber transceivers authorized in these bands, the EIRP
  shall not exceed 55dBW or 42 dBW/MHz.

    (b) The power of transmitters that use Automatic Transmitter Power 
Control shall not exceed the power input or output specified in the 
instrument of station authorization. The power of non-ATPC transmitters 
shall be maintained as near as practicable to the power input or output 
specified in the instrument of station authorization.
    (c)(1) Transmitter power limitations. Point-to-point stations in the 
29.1-29.25 GHz band for the LMDS backbone between LMDS hubs shall be 
limited to a maximum allowable e.i.r.p. density per carrier of 23 dBW/
MHz in any one megahertz in clear air, and may exceed this limit by 
employment of adaptive power control in cases where link propagation 
attenuation exceeds the clear air value due to precipitation and only to 
the extent that the link is impaired.
    (2) Hub transmitter EIRP spectral area, density limit. LMDS 
applicants shall demonstrate that, under clear air operating conditions, 
the maximum aggregate of LMDS transmitting hub stations in a Basic 
Trading Area in the 29.1-29.25 GHz band will not transmit a co-frequency 
hub-to-subscriber e.i.r.p. spectral area density in any azimuthal 
direction in excess of X dBW/(MHz-km \2\) when averaged over any 4.375 
MHz band, where X is defined in Table 1. Individual hub stations may 
exceed their clear air e.i.r.p.s by employment of adaptive power control 
in cases where link propagation attenuation exceeds the clear air value 
and only to the extent that the link is impaired.
    (i) The e.i.r.p. aggregate spectral area density is calculated as 
follows:
[GRAPHIC] [TIFF OMITTED] TR28AU96.732

where:
N = number of co-frequency hubs in BTA.
A = Area of BTA in km \2\.
pi = spectral power density into antenna of i-th hub (in W/MHz).
gi = gain of i-th hub antenna at zero degree elevation angle.
Each pi and gi are in the same 1 MHz within the designated frequency 
band.

    (ii) The climate zones in Table 1 are defined for different 
geographic locations within the US as shown in Appendix 28 of the ITU 
Radio Regulations.

                               Table 1 \1\
------------------------------------------------------------------------
                                      e.i.r.p. Spectral Density (Clear
           Climate zone                   Air) (dBW/MHz-km \2\) \2\
------------------------------------------------------------------------
1.................................                      -23
2.................................                      -25
3,4,5.............................                      -26
------------------------------------------------------------------------
\1\ LMDS system licensees in two or more BTAs may individually or
  collectively deviate from the spectral area density computed above by
  averaging the power over any 200 km by 400 km area, provided that the
  aggregate interference to the satellite receiver is no greater than if
  the spectral area density were as specified in Table 1. A showing to
  the Commission comparing both methods of computation is required and
  copies shall be served on any affected non-GSO 20/30 GHz MSS
  providers.

[[Page 672]]

 
\2\ See Sec.  21.1007(c)(i) for the population density of the BTA.

    (3) Hub transmitter e.i.r.p. spectral area density limit at 
elevation angles above the horizon. LMDS applicants shall demonstrate 
that, under clear air operating conditions, the maximum aggregate of 
LMDS transmitting hub stations in a Basic Trading Area in the 29.1-29.25 
GHz band will not transmit a co-frequency hub-to-subscriber e.i.r.p. 
spectral area density in any azimuthal direction in excess of X dBW/
(MHz-km\2\) when averaged over any 4.375 MHz band where X is defined in 
Table 2. Individual hub stations may exceed their clear air e.i.r.p.s by 
employment of adaptive power control in cases where link propagation 
attenuation exceeds the clear air value and only to the extent that the 
link is impaired.
    (i) The e.i.r.p. aggregate spectral area density is calculated as 
follows:
[GRAPHIC] [TIFF OMITTED] TR28AU96.733

where:
N = number of co-frequency hubs in BTA.
A = Area of BTA in km\2\.
e.i.r.p. (ai) = equivalent isotropic radiated spectral power density of 
the i-th hub (in W/MHz) at elevation angle a where a is the angle in 
degrees of elevation above horizon. e.i.r.p.(0 deg.) is the hub e.i.r.p. 
area density at the horizon used in Section 101.113c(2). The nominal 
antenna pattern will be used for elevation angles between 0 deg. and 
8 deg., and average levels will be used for angles beyond 8 deg., where 
average levels will be calculated by sampling the antenna patterns in 
each 1 deg. interval between 8 deg. and 9015, dividing by 83.

                                 Table 2
------------------------------------------------------------------------
                                              Relative e.i.r.p. density
            Elevation angle (a)                   (dBW/MHz-km \2\)
------------------------------------------------------------------------
0 deg.  a  4.0 deg..  e.i.r.p.(a) = e.i.r.p.(0
                                             deg.) + 20 log (sin x)(1/ x) where
                                             x = (a + 1)/7.5 deg..
4.0 deg.  a  7.7 deg...........  e.i.r.p.(a) = e.i.r.p.(0
                                             deg.) - 3.85a + 7.7.
a > 7.7 deg...............................  e.i.r.p.(a) = e.i.r.p.(0
                                             deg.) - 22.
------------------------------------------------------------------------

    (ii) LMDS system licensees in two or more BTAs may individually or 
collectively deviate from the spectral area density computed above by 
averaging the power over any 200 km by 400 km area, provided that the 
aggregate interference to the satellite receiver is no greater than if 
the spectral area density were as specified in Table 1. A showing to the 
Commission comparing both methods of computation is required and copies 
shall be served on any affected non-GSO MSS providers.
    (4) Power reduction techniques. LMDS hub transmitters shall employ 
methods to reduce average power levels received by non-geostationary 
mobile satellite receivers, to the extent necessary to comply with 
paragraphs (c)(1) and (c)(2) of this section, by employing the methods 
set forth below:
    (i) Alternate polarizations. LMDS hub transmitters in the LMDS 
service area may employ both vertical and horizontal linear 
polarizations such that 50 percent (plus or minus 10 percent) of the hub 
transmitters shall employ vertical polarization and 50 percent (plus or 
minus 10 percent) shall employ horizontal polarization.
    (ii) Frequency interleaving. LMDS hub transmitters in the LMDS 
service area may employ frequency interleaving such that 50 percent 
(plus or minus 10 percent) of the hub transmitters shall employ channel 
center frequencies which are different by one-half the channel bandwidth 
of the other 50 percent (plus or minus 10 percent) of the hub 
transmitters.
    (iii) Alternative methods. As alternatives to paragraphs (c)(4)(i) 
and (c)(4)(ii) of this section, LMDS operators may employ such other 
methods as may be shown to achieve equivalent reductions in average 
power density received by non-GSO MSS satellite receivers.

[61 FR 26677, May 28, 1996, as amended at 61 FR 44182, Aug. 28, 1996; 62 
FR 23167, Apr. 29, 1997; 62 FR 24582, May 6, 1997; 63 FR 9448, Feb. 25, 
1998; 63 FR 14039, Mar. 24, 1998]



Sec. 101.115  Directional antennas.

    (a) Unless otherwise authorized upon specific request by the 
applicant, each station authorized under the rules of this part must 
employ a directional antenna adjusted with the center of the major lobe 
of radiation in the horizontal plane directed toward the receiving 
station with which it communicates: provided, however, where a station 
communicates with more than one point, a multi- or omni-directional 
antenna may be authorized if necessary. New Periscope antenna systems 
will

[[Page 673]]

not, under ordinary circumstances, be authorized.
    (b) Stations operating below 932.5 MHz that are required to use 
directional antennas must employ antennas meeting the standards 
indicated below. (Maximum beamwidth is for the major lobe of radiation 
at the half power points. Suppression is the minimum attenuation 
required for any secondary lobe signal and is referenced to the maximum 
signal in the main lobe.)

------------------------------------------------------------------------
                                                   Maximum
                 Frequency range                  beamwidth  Suppression
                                                  (degrees)      (dB)
------------------------------------------------------------------------
512 to 932.5 MHz................................         20          13
------------------------------------------------------------------------

    (c) Fixed stations (other than temporary fixed stations and DEMS 
nodal stations) operating at 932.5 MHz or higher must employ 
transmitting and receiving antennas (excluding second receiving antennas 
for operations such as space diversity) meeting the appropriate 
performance Standard A indicated below, except that in areas not subject 
to frequency congestion, antennas meeting performance Standard B may be 
used, subject to the requirements set forth in paragraph (d) of this 
section. Licensees shall comply with the antenna standards table shown 
in this paragraph in the following manner:
    (1) With either the maximum beamwidth to 3 dB points requirement or 
with the minimum antenna gain requirement; and
    (2) With the minimum radiation suppression to angle requirement.

                                                                    Antenna Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Maximum             Minimum radiation suppression to angle in degrees from centerline
                                                                  beamwidth                                of main beam in decibels
                                                                   to 3 dB   Minimum -------------------------------------------------------------------
             Frequency (MHz)                     Category        points \1\  antenna
                                                                  (included    gain     5 deg.   10 deg.  15 deg.  20 deg.   30 deg.  100 deg.  140 deg.
                                                                  angle in    (dbi)   to10 deg.   to 15    to 20    to 30    to 100    to 140    to 180
                                                                  degrees)                         deg.     deg.     deg.     deg.      deg.      deg.
--------------------------------------------------------------------------------------------------------------------------------------------------------
932.5 to 935.............................  A                          14.0       n/a       n/a         6       11       14        17        20        24
                                           B                          20.0       n/a       n/a       n/a        6       10        13        15        20
941.5 to 944.............................  A                          14.0       n/a       n/a         6       11       14        17        20        24
                                           B                          20.0       n/a       n/a       n/a        6       10        13        15        20
952 to 960 2, 3..........................  A                          14.0       n/a       n/a         6       11       14        17        20        24
                                           B                          20.0       n/a       n/a       n/a        6       10        13        15        20
1,850 to 2,500 \4\.......................  A                           5.0       n/a        12        18       22       25        29        33        39
                                           B                           8.0       n/a         5        18       20       20        25        28        36
3,700 to 4,200...........................  A                           2.7        36        23        29       33       36        42        55        55
                                           B                           2.7        36        20        24       28       32        32        32        32
5,925 to 6,425 \5\.......................  A                           2.2        38        25        29       33       36        42        55        55
                                           B                           2.2        38        21        25       29       32        35        39        45
5,925 to 6,425 \6\.......................  A                           2.2        38        25        29       33       36        42        55        55
                                           B                           2.2        38        20        24       28       32        35        36        36
6,525 to 6,875 \5\.......................  A                           2.2        38        25        29       33       36        42        55        55
                                           B                           2.2        38        21        25       29       32        35        39        45
6,525 to 6,875 \6\.......................  A                           1.5       n/a        26        29       32       34        38        41        49
                                           B                           2.0       n/a        21        25       29       32        35        39        45
10,550 to 10,680 5, 7....................  A                           2.2        38        25        29       33       36        42        55        55
                                           B                           2.2        38        20        24       28       32        35        35        39
10,550 to 10,680 \6\.....................  A                           3.4        34        20        24       28       32        35        55        55
                                           B                           3.4        34        20        24       28       32        35        35        39
10,565 to 10,615.........................  n/a                         360       n/a       n/a       n/a      n/a      n/a       n/a       n/a       n/a
10,630 to 10,680\8\......................  n/a                         3.5        34        20        24       28       32        35        36        36
10,700 to 11,700 \5\.....................  A                           2.2        38        25        29       33       36        42        55        55
                                           B                           2.2        38        20        24       28       32        35        36        36
12,200 to 13,250 \9\.....................  A                           1.0       n/a        23        28       35       39        41        42        50
                                           B                           2.0       n/a        20        25       28       30        32        37        47
17,700 to 18,820.........................  A                           2.2        38        25        29       33       36        42        55        55
                                           B                           2.2        38        20        24       28       32        35        36        36
18,920 to 19,700 \10\....................  A                           2.2        38        25        29       33       36        42        55        55
                                           B                           2.2        38        20        24       28       32        35        36        36
21,200 to 23,600 \11\....................  A                           2.2        38        25        29       33       36        42        55        55
                                           B                           2.2        38        20        24       28       32        35        36        36
24,250 to 25,250 \10\....................  A                           2.2        38        25        29       33       36        42        55        55
                                           B                           2.2        38        20        24       28       32        35        36        36

[[Page 674]]

 
31,000 to 31,300 12, 13..................  n/a                         4.0        38       n/a       n/a      n/a      n/a       n/a       n/a       n/a
38,600 to 40,000 \14\....................  A                           n/a        38        25        29       33       26        42        55        55
                                           B                           n/a        38        20        24       28       32        35        36        36
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and the
  elevation planes.
\2\ Except for Multiple Address System frequencies listed in Secs.  101.147(b)(1) through (b)(4), where omnidirectional antennas may be used.
\3\ Antennas used at outlying stations as part of a central protection alarm system need conform to only the following 2 standards:
(i) The minimum on-beam forward gain must be at least 10 dBi, and
(ii) The minimum front-to-back ratio must be at least 20 dB.
\4\ Omnidirectional antennas may be authorized in the band 2150-2160 MHz.
\5\ These antenna standards apply to all point-to-point stations authorized after June 1, 1997. Existing licensees and pending applicants on that date
  are grandfathered and need not comply with these standards.
\6\ These antenna standards apply to all point-to-point stations authorized on or before June 1, 1997.
\7\ Except for antennas between 140 deg. and 180 deg. authorized or pending on January 1, 1989, in the band 10,550 to 10,565 MHz for which minimum
  radiation suppression to angle (in degrees) from centerline of main beam is 36 decibels.
\8\ These antenna standards apply only to DEMS User Stations licensed, in operation, or applied for prior to July 15, 1993.
\9\ Except for temporary-fixed operations in the band 13200-13250 MHz with output powers less than 250 mW and as provided in Sec.  101.147(q).
\10\ DEMS User Station antennas in this band must meet performance Standard B and have a minimum antenna gain of 34 dBi. The maximum beamwidth
  requirement does not apply to DEMS User Stations. DEMS Nodal Stations need not comply with these standards.
\11\ Except as provided in Sec.  101.147(t).
Note to footnote 11: Stations must employ an antenna that meets the performance standards for Category A, except that in areas not subject to frequency
  congestion, antennas meeting standards for Category B may be employed. Note, however, that the Commission may require the use of high performance
  antennas where interference problems can be resolved by the use of such antennas.
\12\ The minimum front-to-back ratio shall be 38 dBi.
\13\ Mobile, except aeronautical mobile, stations need not comply with these standards.
\14\ Stations authorized to operate in the 38,600-40,000 MHz band may use antennas other than those meeting the Category A standard. However, the
  Commission may require the use of higher performance antennas where interference problems can be resolved by the use of such antennas.

    (d) The Commission shall require the replacement of any antenna or 
periscope antenna system of a permanent fixed station operating at 932.5 
MHz or higher that does not meet performance Standard A specified in 
paragraph (c) of this section, at the expense of the licensee operating 
such antenna, upon a showing that said antenna causes or is likely to 
cause interference to (or receive interference from) any other 
authorized or applied for station whereas a higher performance antenna 
is not likely to involve such interference. Antenna performance is 
expected to meet the standards of paragraph (c) of this section for 
parallel polarization. For cases of potential interference, an antenna 
will not be considered to meet Standard A unless the parallel 
polarization performance for the discrimination angle involved meets the 
requirements, even if the cross-polarization performance controls the 
interference.
    (e) In cases where passive reflectors are employed in conjunction 
with transmitting antenna systems, the foregoing paragraphs of this 
section also will be applicable. However, in such instances, the center 
of the major lobe of radiation from the antenna normally must be 
directed at the passive reflector, and the center of the major lobe of 
radiation from the passive reflector directed toward the receiving 
station with which it communicates.
    (f) Periscope antennas used at an electric power facility plant area 
will be excluded from the requirements of paragraph (c) of this section 
on a case-by-case basis where technical considerations or safety 
preclude the use of other types of antenna systems.
    (g) In the event harmful interference is caused to the operation of 
other stations, the Commission may, after notice and opportunity for 
hearing, order

[[Page 675]]

changes to be made in the height, orientation, gain and radiation 
pattern of the antenna system.

[61 FR 26677, May 28, 1996, as amended at 62 FR 4924, Feb. 3, 1997; 62 
FR 24582, May 6, 1997; 63 FR 6105, Feb. 6, 1998]



Sec. 101.117  Antenna polarization.

    Except as set forth herein, stations operating in the radio services 
included in this part are not limited as to the type of polarization of 
the radiated signal, provided, however, that in the event interference 
in excess of permissible levels is caused to the operation of other 
stations the Commission may, after notice and opportunity for hearing, 
order the licensee to change the polarization of the radiated signal. No 
change in polarization may be made without prior authorization from the 
Commission. Unless otherwise allowed, only linear polarization 
(horizontal or vertical) shall be used.



Sec. 101.119  Simultaneous use of common antenna structures.

    The simultaneous use of common antenna structures by more than one 
radio station, or by one of more domestic public radio stations and one 
or more stations of any other class or service, may be authorized: 
provided, however, that each licensee or user of any such structure is 
responsible for maintaining the structure, and for painting and 
illuminating the structure when obstruction marking is required by the 
Commission. (See Sec. 101.21(a).)



Sec. 101.121  Marking of antenna structures.

    The owner of each antenna structure required to be painted and/or 
illuminated under the provision of section 303(q) of the Communications 
Act of 1934, as amended, shall operate and maintain the antenna 
structure painting and lighting in accordance with part 17 of this 
chapter. In the event of default by the owner, each licensee or 
permittee shall be individually responsible for conforming to the 
requirements pertaining to antenna structure painting and lighting. For 
complete regulations relative to antenna marking requirements, see part 
17 of this chapter.



Sec. 101.123  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.
    (a) In order to minimize possible harmful interference at the 
National Radio Astronomy Observatory site located at Green Bank, 
Pocohontas County, W. Va., and at the Naval Radio Research Observatory 
site at Sugar Grove, Pendleton County, W. Va., any applicant for a 
station authorization other than temporary-fixed seeking a station 
license for a new station or to modify an existing station in a manner 
which would change either the frequency, power, antenna height or 
directivity, or location of such a station within the area boarded by 
39 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 must at the time of filing such 
application with the Commission, simultaneously notify the Director, 
National Radio Astronomy Observatory, Post Office Box No. 2, Green Bank, 
W. Va. 24944, in writing, of the technical particulars of the proposed 
station. Such notification must include the geographical coordinates of 
the antenna, antenna height, antenna directivity if any, proposed 
frequency, type of emission and power. In addition, the applicant must 
indicate in his application to the Commission the date notification was 
made to the Observatory. After receipt of such applications, the 
Commission will allow a period of twenty (20) days for comments or 
objections in response to the notifications indicated. If an objection 
to the proposed operation is received during the 20-day period from the 
National Radio Astronomy Observatory for itself or on behalf of the 
Naval Radio Research Observatory, the Commission will consider all 
aspects of the problem and take whatever action is deemed appropriate.
    (b) Protection for Table Mountain Radio Receiving Zone, Boulder 
County, Colorado. Applicants for a station authorization to operate in 
the vicinity of Boulder County, Colorado under this

[[Page 676]]

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 or from 
the modification or relocation of existing  facilities  do  not  exceed  
1 mV/m in the authorized bandwidth of service. (A field strength of 1 
mV/m is equivalent to a power flux density of 85.8 dBW/M\2\ assuming a 
free-space characteristic impedance of 376.7 ohms.)
    (1) Advance consultation is recommended particularly for those 
applicants who have no reliable data which indicates whether the field 
strength or power flux density figures would be exceeded by their 
proposed radio facilities. In such instances, the following is a 
suggested guide for determining whether coordination is recommended:
    (i) All stations within 2.4 km;
    (ii) Stations within 4.8 km with 50 watts or more effective radiated 
power (ERP) in the primary plane of polarization in the azimuthal 
direction of the Table Mountain Receiving Zone;
    (iii) Stations within 16 km with 1 kW or more ERP in the primary 
plane of polarization in the azimuthal direction of the Table Mountain 
Receiving Zone; or
    (iv) Stations within 80 km with 25 kW or more ERP in the primary 
plane of polarization in the azimuthal direction of the Table Mountain 
Receiving Zone.
    (2) Applicants concerned are urged to communicate with the Radio 
Frequency Management Coordinator, Department of Commerce, Research 
Support Services, NOAA/R/E5X2, Boulder Laboratories, Boulder CO 80303; 
telephone (303) 497-6548, in advance of filing their applications with 
the Commission.
    (3) The Commission will not screen applications to determine whether 
advance consultation has taken place. However, applicants are advised 
that such consultation can avoid objections from the Department of 
Commerce or proceedings to modify any authorization which may be granted 
which, in fact, 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 this chapter. Applications for stations 
(except mobile stations) which will produce on any frequency a direct 
wave fundamental field strength of greater than 10 mV/m in the 
authorized bandwidth of service (-65.8 dBW/m2 power flux 
density assuming a free space characteristic impedance of 120 ohms) at 
the referenced coordinates, may be examined to determine extent of 
possible interference. Depending on the theoretical field strength value 
and existing root-sum-square or other ambient radio field signal levels 
at the indicated coordinates, a clause protecting the monitoring station 
may be added to the station authorization.
    (2) In the event that calculated value of expected field exceeds 10 
mV/m (-65.8 dBW/m2) at the reference coordinates, or if there 
is any question whether field strength levels might exceed the threshold 
value, advance consultation with the FCC to discuss any protection 
necessary should be considered. Prospective applicants may communicate 
with: Chief, Compliance and Information Bureau, Federal Communications 
Commission, Washington, DC 20554, Telephone (202) 418-1100.
    (3) Advance consultation is suggested particularly for those 
applicants who have no reliable data which indicates whether the field 
strength or power

[[Page 677]]

flux density figure indicated would be exceeded by their proposed radio 
facilities (except mobile stations). In such instances, the following is 
a suggested guide for determining whether an applicant should 
coordinate:
    (i) All stations within 2.4 kilometers;
    (ii) Stations within 4.8 kilometers with 50 watts or more average 
effective radiated power (ERP) in the primary plane of polarization in 
the azimuthal direction of the Monitoring Stations;
    (iii) Stations within 16 kilometers with 1 kW or more average ERP in 
the primary plane of polarization in the azimuthal direction of the 
Monitoring Station; or
    (iv) Stations within 80 kilometers with 25 kW or more average ERP in 
the primary plane of polarization in the azimuthal direction of the 
Monitoring Station.
    (4) Advance coordination for stations operating above 1000 MHz is 
recommended only where the proposed station is in the vicinity of a 
monitoring station designated as a satellite monitoring facility in 
Sec. 0.121(c) of this chapter and also meets the criteria outlined in 
paragraphs (c)(2) and (c)(3) of this section.
    (5) The Commission will not screen applications to determine whether 
advance consultation has taken place. However, applicants are advised 
that such consultation can avoid objections from the Federal 
Communications Commission or modification of any authorization which 
will cause harmful interference.
    (d)(1) To minimize or avoid harmful interference to Government 
Satellite Earth Stations located in the Denver, Colorado and Washington, 
D.C. areas, any application for a new station license to operate in the 
17.8-19.7 GHz band (except for low power operations governed by 
Sec. 101.147(r)(10)), or for modification of an existing station license 
in this band which would change the frequency, power, emission, 
modulation, polarization, antenna height or directivity, or location of 
such a station, must be coordianted with the Federal Government by the 
Commission before an authorization will be issued, if the station or 
proposed station is located in whole or in part within any of the areas 
defined by the following rectangles or circles:

                             Denver, CO Area

Rectangle 1:
    41 deg.30'00" N. Lat. on the north
    103 deg.10'00" W. Long. on the east
    38 deg.30'00" N. Lat. on the south
    106 deg.30'00" W. Long. on the west
Rectangle 2:
    38 deg.30'00" N. Lat. on the north
    105 deg.00'00" W. Long. on the east
    37 deg.30'00" N. Lat. on the south
    105 deg.50'00" W. Long. on the west
Rectangle 3:
    40 deg.08'00" N. Lat. on the north
    107 deg.00'00" W. Long. on the east
    39 deg.56'00" N. Lat. on the south
    107 deg.15'00" W. Long. on the west

                          Washington, D.C. Area

Rectangle
    38 deg.40'00" N. Lat. on the north
    78 deg.50'00" W. Long. on the east
    38 deg.10'00" N. Lat. on the south
    79 deg.20'00" W. Long. on the west

        or
    (2) Within a radius of 178 km of 38 deg.48'00" N. Lat./78 deg.52'00" 
W. Long.
    (3) In addition, no application seeking authority to operate in the 
17.8-19.7 GHz band will be accepted for filing if the proposed station 
is located within 20 km (or within 55 km if the application is for an 
outdoor low power operation pursuant to Sec. 101.147(r)(10)) of the 
following coordinated:

Denver, CO area: 39 deg.43'00" N. Lat./104 deg.46'00" W. Long.
Washington, DC area: 38 deg.48'00" N. Lat./76 deg.52'00" W. Long.

    Note to Sec. 101.123: The coordinates cited in this section are 
specified in terms of the ``North American Datum of 1983 (NAD 83)'' with 
an accuracy of 30 meters with respect to the ``National 
Spacial Reference System''.
    (e) Any applicant for a new permanent fixed 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 
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

[[Page 678]]

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.

[61 FR 26677, May 28, 1996, as amended at 62 FR 55536, Oct. 27, 1997; 62 
FR 55538, Oct. 27, 1997; 62 FR 60664, Nov. 12, 1997]



Sec. 101.125  Temporary fixed antenna height restrictions.

    The overall antenna structure heights employed by mobile stations in 
the Local Television Transmission Service and by stations authorized to 
operate at temporary fixed locations may not exceed the height criteria 
set forth in Sec. 17.7 of this chapter, unless in each instance, 
authorization for use of a specific maximum antenna height (above ground 
and above mean sea level) for each location has been obtained from the 
Commission prior to erection of the antenna. Requests for such 
authorization must show the inclusive dates of the proposed operation. 
(Complete information as to rules concerning the construction, marking 
and lighting of antenna structures is contained in part 17 of this 
chapter.)



Sec. 101.127  Topographical data.

    Determining the location and height above sea level of the antenna 
site, the elevation or contour intervals must be taken from United 
States Geological Survey Topographic Quadrangle Maps, United States Army 
Corps of Engineers maps or Tennessee Valley Authority maps, whichever is 
the latest, for all areas for which such maps are available. If such 
maps are not published for the area in question, the next best 
topographic information should be used. Topographic data may sometimes 
be obtained from State and municipal agencies. Data from Sectional 
Aeronautical Charts (including bench marks) or railroad depot elevations 
and highway elevations from road maps may be used where no better 
information is available. In cases where limited topographic data is 
available, use may be made of an altimeter in a car driven along roads 
extending generally radially from the transmitter site. If it appears 
necessary, additional data may be requested. United States Geological 
Survey Topographic Quadrangle Maps may be obtained from the Department 
of the Interior, Geological Survey, Washington, DC 20242. Sectional 
Aeronautical Charts are available from the Department of Commerce, Coast 
and Geodetic Survey, Washington, DC 20230.



Sec. 101.129  Transmitter location.

    (a) The applicant must determine, prior to filing an application for 
a radio station authorization, that the antenna site specified therein 
is adequate to render the service proposed. In

[[Page 679]]

cases of questionable antenna locations, it is desirable to conduct 
propagation tests to indicate the field intensity which may be expected 
in the principal areas or at the fixed points of communication to be 
served, particularly where severe shadow problems may be expected. In 
considering applications proposing the use of such locations, the 
Commission may require site survey tests to be made pursuant to a 
developmental authorization in the particular service concerned. In such 
cases, propagation tests should be conducted in accordance with 
recognized engineering methods and should be made with a transmitting 
antenna simulating, as near as possible, the proposed antenna 
installation. Full data obtained from such surveys and its analysis, 
including a description of the methods used and the name, address and 
qualifications of the engineer making the survey, must be supplied to 
the Commission.
    (b) Antenna structures should be so located and constructed as to 
avoid making them hazardous to air navigation. (See part 17 of this 
chapter for provisions relating to antenna structures.) Such 
installation must be maintained in good structural condition together 
with any required painting or lighting.



Sec. 101.131  Transmitter construction and installation.

    (a) The equipment at the operating and transmitting positions must 
be so installed and protected that it is not accessible to, or capable 
of being operated by, persons other than those duly authorized by the 
licensee.
    (b) In any case where the maximum modulating frequency of a 
transmitter is prescribed by the Commission, the transmitter must be 
equipped with a low-pass or band-pass modulation filter of suitable 
performance characteristics. In those cases where a modulation limiter 
is employed, the modulation filter must be installed between the 
transmitter stage in which limiting is effected and the modulated stage 
of the transmitter.
    (c) Each transmitter employed in these services must be equipped 
with an appropriately labeled pilot lamp or meter which will provide 
continuous visual indication at the transmitter when its control 
circuits have been placed in a condition to activate the transmitter. In 
addition, facilities must be provided at each transmitter to permit the 
transmitter to be turned on and off independently of any remote control 
circuits associated therewith.
    (d) At each transmitter control point the following facilities must 
be installed:
    (1) A carrier operated device which will provide continuous visual 
indication when the transmitter is radiating, or, in lieu thereof, a 
pilot lamp or meter which will provide continuous visual indication when 
the transmitter control circuits have been placed in a condition to 
activate the transmitter; and
    (2) Facilities which will permit the operator to turn transmitter 
carrier on and off at will.
    (e) Transmitter control circuits from any control point must be so 
installed that grounding or shorting any line in the control circuit 
will not cause the transmitter to radiate: provided, however, That this 
provision will not be applicable to control circuits of stations which 
normally operate with continuous radiation or to control circuits which 
are under the effective operational control of responsible operating 
personnel 24 hours per day.



Sec. 101.133  Limitations on use of transmitters.

    (a) Transmitters licensed for operation in Common Carrier services 
may be concurrently licensed or used for non-common carrier 
communication purposes. Mobile units may be concurrently licensed or 
used for non-common carrier communication purposes provided that the 
transmitter is certificated for use in each service.
    (b) Private operational fixed point-to-point microwave stations 
authorized in this service may communicate with associated operational-
fixed stations and fixed receivers and with units of associated stations 
in the mobile service licensed under Private Radio Service rule parts. 
In addition, intercommunication is permitted with other licensed 
stations and with U.S. Government stations in those cases which require 
cooperation or coordination of

[[Page 680]]

activities or when cooperative use arrangements in accordance with 
Sec. 101.135 are contemplated; provided, however, that where 
communication is desired with stations authorized to operate under the 
authority of a foreign jurisdiction, prior approval of this Commission 
must be obtained; And provided further, That the authority under which 
such other stations operate does not prohibit the intercommunication.
    (c) Two or more persons or governmental entities eligible for 
private operational fixed point-to-point microwave licenses may use the 
same transmitting equipment under the following terms and conditions:
    (1) Each licensee complies with the general operating requirements 
set out in this part;
    (2) Each licensee is eligible for the frequency(ies) on which the 
facility operates; and
    (3) Each licensee must have the ability to access the transmitter(s) 
that it is authorized to operate under the multiple licensing 
arrangement.
    (d) LMDS subscriber transmissions. LMDS licensees shall not operate 
transmitters from subscriber locations in the 29.1-29.25 GHz band.

[61 FR 26677, May 28, 1996, as amended at 61 FR 44183, Aug. 28, 1996; 63 
FR 36611, July 7, 1998]

    Effective Date Note:  At 63 FR 36611, July 7, 1998. Sec. 101.133, 
paragraph (a) was amended by removing the term ``type-accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



Sec. 101.135  Shared use of radio stations and the offering of private carrier service.

    Licensees of Private Operational Fixed Point-to-Point Microwave 
radio stations may share the use of their facilities on a non-profit 
basis or may offer service on a for-profit private carrier basis, 
subject to the following conditions and limitations:
    (a) Persons or governmental entities licensed to operate radio 
systems on any of the private radio frequencies set out in Sec. 101.101 
may share such systems with, or provide private carrier service to, any 
eligible for licensing under this part, regardless of individual 
eligibility restrictions, provided that the communications being carried 
are permissible under Sec. 101.603. In addition, persons or governmental 
entities licensed to operate low power systems under the provisions of 
Sec. 101.147(r)(10) may share such systems with, or provide private 
carrier services to, Federal Government entities, provided the 
communications carried are permissible under Sec. 101.603;
    (b) The licensee must maintain access to and control over all 
facilities authorized under its license;
    (c) All sharing and private carrier arrangements must be conducted 
pursuant to a written agreement to be kept as part of the station 
records; and
    (d) The licensee must keep an up-to-date list of system sharers and 
private carrier subscribers and the basis of their eligibility under 
this part. Such records must be kept current and must be made available 
upon request for inspection by the Commission.



Sec. 101.137  Interconnection of private operational fixed point-to-point microwave stations.

    Private operational fixed point-to-point microwave stations may be 
interconnected with facilities of common carriers subject to applicable 
tariffs.



Sec. 101.139  Authorization of transmitters.

    (a) Except for transmitters used at developmental stations or for 
fixed point-to-point operation pursuant to subparts H and I of this 
part, each transmitter must be a type which has been certificated by the 
Commission for use under the applicable rules of this part. Transmitters 
used in the private operational fixed and common carrier fixed point-to-
point microwave services under subparts H and I of this part must be of 
a type that has been verified for compliance. Transmitters designed for 
use in the 31.0 to 31.3 GHz band will be authorized under the 
verification procedure.
    (b) Any manufacturer of a transmitter to be produced for use under 
the rules of this part may request certification or obtain verification 
by following the applicable procedures set forth in part 2 of this 
chapter.
    (c) Certification for an individual transmitter may also be 
requested by

[[Page 681]]

an applicant for a station authorization, pursuant to the procedures set 
forth in part 2 of this chapter.
    (d) A transmitter presently shown on an instrument of authorization, 
which operates on an assigned frequency in the 890-940 MHz band and has 
not been certificated, may continue to be used by the licensee without 
certification provided such transmitter continues otherwise to comply 
with the applicable rules and regulations of the Commission.
    (e) Certification or verification is not required for portable 
transmitters operating with peak output power not greater than 250 mW. 
If operation of such equipment causes harmful interference the FCC may, 
at its discretion, require the licensee to take such corrective action 
as is necessary to eliminate the interference.
    (f) After July 15, 1996, the manufacturer (except for export) or 
importation of equipment employing digital modulation techniques in the 
3700-4200, 5925-6425, 6525-6875, 10,550-10,680 and 10,700-11,700 MHz 
bands must meet the minimum payload capacity requirements of 
Sec. 101.141.

[63 FR 36611, July 7, 1998]

    Effective Date Note:  At 63 FR 36611, July 7, 1998, Sec. 101.139 was 
revised, effective Oct. 5, 1998. For the convenience of the user, the 
superseded text is set forth as follows:

Sec. 101.139  Authorization of transmitters.

    (a) Except for transmitters used at developmental stations or for 
fixed point-to-point operation pursuant to subparts H and I of this 
part, each transmitter must be a type which has been type accepted by 
the Commission for use under the applicable rules of this part. 
Transmitters used in the private operational fixed and common carrier 
fixed point-to-point microwave services under subparts H and I of this 
part must be of a type that has been either notified or type accepted by 
the Commission (see Sec. 2.904(d) of this chapter). Effective March 5, 
1984, only grants of notification will be issued for transmitters used 
exclusively for fixed point-to-point operation. Transmitters designed 
for use in the 31.0 to 31.3 GHz band will be authorized under the 
notification procedure.
    (b) Any manufacturer of a transmitter to be produced for use under 
the rules of this part may request type acceptance or notification by 
following the applicable procedures set forth in part 2 of this chapter. 
Type accepted and notified transmitters are included in the Commission's 
Radio Equipment List. Copies of this list are available for inspection 
at the Commission's office in Washington, DC and at each of its field 
offices.
    (c) Type acceptance or notification for an individual transmitter 
may also be requested by an applicant for a station authorization, 
pursuant to the procedures set forth in part 2 of this chapter. An 
individual transmitter will not normally be included in the Radio 
Equipment List but will be enumerated on the station authorization.
    (d) A transmitter presently shown on an instrument of authorization, 
which operates on an assigned frequency in the 890-940 MHz band and has 
not been type accepted, may continue to be used by the licensee without 
type acceptance provided such transmitter continues otherwise to comply 
with the applicable rules and regulations of the Commission.
    (e) Type acceptance or notification is not required for portable 
transmitters operating with peak output power not greater than 250 mW. 
If operation of such equipment causes harmful interference the FCC may, 
at its discretion, require the licensee to take such corrective action 
as is necessary to eliminate the interference.
    (f) After July 15, 1996, the manufacture (except for export) or 
importation of equipment employing digital modulation techniques in the 
3700-4200, 5925-6425, 6525-6875, 10,550-10,680 and 10,700-11,700 MHz 
bands must meet the minimum payload capacity requirements of 
Sec. 101.141



Sec. 101.141  Microwave modulation.

    (a) Microwave transmitters employing digital modulation techniques 
and operating below 19.7 GHz and in the 24.25-25.25 GHz band must, with 
appropriate multiplex equipment, comply with the following additional 
requirements:
    (1) The bit rate, in bits per second, must be equal to or greater 
than the bandwidth specified by the emission designator in Hertz (e.g., 
to be acceptable, equipment transmitting at a 20 Mb/s rate must not 
require a bandwidth of greater than 20 MHz), except the bandwidth used 
to calculate the minimum rate may not include any authorized guard band.

    Note to (a)(1): Systems authorized prior to December 1, 1988, may 
install equipment after that date with no minimum bit rate.

    (2) Equipment to be used for voice transmission placed in service, 
authorized, or applied for on or before June 1, 1997 in the 2110 to 2130 
and 2160 to 2180

[[Page 682]]

MHz bands must be capable of satisfactory operation within the 
authorized bandwidth to encode at least 96 voice channels. Equipment 
placed in service, authorized, or applied for on or before June 1, 1997 
in the 3700-4200, 5925-6425 (30 MHz bandwidth), and 10,700-11,700 MHz 
(30 and 40 MHz bandwidths) bands must be capable of satisfactory 
operation within the authorized bandwidth to encode at least 1152 voice 
channels. These required loading levels may be reduced by a factor of 1/
N provided that N transmitters may be operated satisfactorily, over the 
same radio path, within an authorized bandwidth less than, or equal to, 
the maximum authorizable bandwidth (e.g., the 1152 channel requirement 
may be reduced to 576 if two transmitters can be satisfactorily operated 
over the same path within the maximum bandwidth). Where certificated 
equipment is designed to operate on the same frequency in a cross 
polarized configuration to meet the above capacity requirements, the 
Commission will require, at the time additional transmitters are 
authorized, that both polarizations of a frequency be used before a new 
frequency assignment is made, unless a single transmitter installation 
was found to be justified by the Commission at the time it authorized 
the first transmitter.
    (3) The following capacity and loading requirements must be met for 
equipment applied for, authorized, and placed in service after June 1, 
1997 in the 3700-4200 MHz (4 GHz), 5925-6425 and 6525-6875 MHz (6 GHz), 
10,550-10,680 MHz (10 GHz), and 10,700-11,700 MHz (11 GHz) bands:

------------------------------------------------------------------------
                                             Minimum
                                             traffic
                                  Minimum    loading
                                  payload    payload
   Nominal channel bandwidth     capacity      (as          Typical
             (MHz)               (Mbits/s)   percent    utilization \2\
                                     1          of
                                             payload
                                            capacity)
------------------------------------------------------------------------
0.400.........................        1.54        N/A  1 DS-1
0.800.........................        3.08        N/A  2 DS-1
1.25..........................        3.08        N/A  2 DS-1
1.60..........................        6.17        N/A  4 DS-1
2.50..........................        6.17        N/A  4 DS-1
3.75..........................       12.3         N/A  8 DS-1
5.0...........................       18.5         N/A  12 DS-1
10.0..........................       44.7      \3\ 50  1 DS-3/STS-1
20.0..........................       89.4      \3\ 50  2 DS-3/STS-1
30.0 (11 GHz).................       89.4      \3\ 50  2 DS-3/STS-1
30.0 (6 GHz)..................      134.1      \3\ 50  3 DS-3/STS-1
40.0..........................      134.1      \3\ 50  3 DS-3/STS-1
------------------------------------------------------------------------
\1\ Per polarization
\2\ DS and STS refer to the number of voice circuits a channel can
  accommodate. 1 DS-1 = 24 voice circuits; 2 DS-1 = 48; 4 DS-1 = 96; 8
  DS-1 = 192; 12 DS-1 = 288; 1 DS-3/STS-1 = 672; 2 DS-3/STS-1 = 1344; 3
  DS-3/STS-1 = 2016.
\3\ This loading requirement must be met within 30 months of licensing.
  If two transmitters simultaneously operate on the same frequency over
  the same path, the requirement is reduced to 25 percent.

    (4) If a transmitter is authorized to operate in a bandwidth that is 
not listed in paragraph (a)(3) of this section, it must meet the minimum 
payload capacity and traffic loading requirements of the next largest 
channel bandwidth listed in the table; e.g., if the authorized bandwidth 
is 3.5 MHz, the minimum payload capacity must be 12.3 Mbits/s.
    (5) Transmitters carrying digital motion video motion material are 
exempt from the requirements specified in paragraphs (a)(2) and (a)(3) 
of this section, provided that at least 50 percent of the payload is 
digital video motion material and the minimum bit rate specified in 
paragraph (a)(1) of this section is met. In the 6, 10, and 11 GHz bands, 
concatenation of multiple contiguous channels is permitted for channels 
of equal bandwidth on center frequencies, provided no other channels are 
available and the minimum payload capacity requirements are met.
    (6) Digital systems using bandwidths of 10 MHz or larger will be 
considered 50 percent loaded when the following condition is met: at 
least 50 percent of their total DS-1 capacity is being used. A DS-1 
channel is being used when it has been connected to a DS-0/DS-1 
multiplexer. For non-DS-0 services, such as, but not limited to, video 
or broadband data transmission, the next largest DS-1 equivalent will be 
considered for the computation of a loading percentage.
    (7) For digital systems, minimum payload capacities shall be 
expressed in numbers of DS-1s, DS-3s or STS-1s. The payload capacity 
required by the Commission shall correspond to commercially available 
equipment.

[[Page 683]]

    (b) For purposes of compliance with the emission limitation 
requirements of Sec. 101.111(a)(2) and the requirements of paragraph (a) 
of this section, digital modulation techniques are considered as being 
employed when digital modulation occupies 50 percent or more to the 
total peak frequency deviation of a transmitted radio frequency carrier. 
The total peak frequency deviation will be determined by adding the 
deviation produced by the digital modulation signal and the deviation 
produced by any frequency division multiplex (FDM) modulation used. The 
deviation (D) produced by the FDM signal must be determined in 
accordance with Sec. 2.202(f) of this chapter.
    (c) Analog Modulation. Except for video transmission, an application 
for an initial working channel for a given route will not be accepted 
for filing where the anticipated loading (within five years for voice, 
or other period subject to reasonable projection) is less than the 
minimum specified for the following frequency bands. Absent 
extraordinary circumstances, applications proposing additional 
frequencies over existing routes will not be granted unless it is shown 
that the traffic load will shortly exhaust the capacity of the existing 
equipment. Where no construction of radio facilities is requested, 
licensees must submit this evidence with their filing of any necessary 
authority required pursuant to section 214 of the Communications Act and 
part 63 of this chapter.

------------------------------------------------------------------------
                                                               Minimum
                                                              number of
                                                                voice
                    Frequency band (MHz)                     channels (4
                                                                KHz or
                                                             equivalent)
------------------------------------------------------------------------
3700 to 4200 (20 MHz bandwidth)............................          900
5925 to 6425 (10 MHz bandwidth)............................          300
5925 to 6425 (20 MHz bandwidth)............................          600
5925 to 6425 (30 MHz bandwidth)............................          900
6525 to 6875 (10 MHz bandwidth)............................          300
10,700 to 11,700 (10 MHz bandwidth)........................          300
10,700 to 11,700 (20 MHz bandwidth)........................          600
10,700 to 11,700 (30 MHz bandwidth)........................          900
10,700 to 11,700 (40 MHz bandwidth)........................          900
------------------------------------------------------------------------


[61 FR 26677, May 28, 1996, as amended at 62 FR 24583, May 6, 1997; 63 
FR 36611, July 7, 1998]

    Effective Date Note:  At 63 FR 36611, July 7, 1998, Sec. 101.141, 
paragraph (a)(2) was amended by removing the term ``type accepted'' and 
adding in its place ``certificated'', effective Oct. 5, 1998.



Sec. 101.143  Minimum path length requirements.

    (a) The distance between end points of a fixed link in the private 
operational fixed point-to-point and the common carrier fixed point-to-
point microwave services must equal or exceed the value set forth in the 
table below or the EIRP must be reduced in accordance with the equation 
set forth below:

------------------------------------------------------------------------
                                                               Minimum
                    Frequency band (MHz)                     path length
                                                                 (km)
------------------------------------------------------------------------
Below 1,850................................................          N/A
1,850 to 7,125.............................................           17
10,550 to 13,250...........................................            5
Above 17,700...............................................          N/A
------------------------------------------------------------------------

    (b) For paths shorter than those specified in the Table, the EIRP 
shall not exceed the value derived from the following equation:

EIRP = MAX EIRP--40*log(A/B) dBW

Where:
EIRP = Equivalent isotropically radiated power in dBW.
A = Minimum path length from the Table for the frequency band in 
kilometers.
B = The actual path length in kilometers.
    Note to paragraph (b): For transmitters using Automatic Transmit 
Power Control, EIRP that corresponds to the maximum transmitter power 
must satisfy this requirement.
    (c) Upon an appropriate technical showing, applicants and licensees 
unable to meet the minimum path length requirement may be granted an 
exception to these requirements.

    Note to paragraph (c): Links authorized prior to April 1, 1987, need 
not comply with this requirement.



Sec. 101.145  Interference to geostationary-satellites.

    These limitations are necessary to minimize the probability of 
harmful interference to reception in the bands 2655-2690 MHz, 5925-6875 
MHz, and 12.7-12.75 GHz on board geostationary-space stations in the 
fixed-satellite service.
    (a) Stations authorized prior to July 1, 1976 in the band 2655-2690 
MHz, which exceed the power levels in paragraphs (a) and (b) of this 
section are permitted to operate indefinitely, provided that

[[Page 684]]

the operations of such stations does not result in harmful interference 
to reception in these band on board geostationary space stations.
    (b) 2655 to 2690 MHz and 5925 to 6875 MHz. No directional 
transmitting antenna utilized by a fixed station operating in these 
bands may be aimed within 2 degrees of the geostationary-satellite 
orbit, taking into account atmospheric refraction. However, exception 
may be made in unusual circumstances upon a showing that there is no 
reasonable alternative to the transmission path proposed. If there is no 
evidence that such exception would cause possible harmful interference 
to an authorized satellite system, said transmission path may be 
authorized on waiver basis where the maximum value of the equivalent 
isotropically radiated power (EIRP) does not exceed:
    (1) +47 dBW for any antenna beam directed within 0.5 degrees of the 
stationary satellite orbit; or
    (2) +47 to +55 dBW, on a linear decibel scale (8 dB per degree) for 
any antenna beam directed between 0.5 degrees and 1.5 degrees of the 
stationary orbit.
    (c) 12.7 to 12.75 GHz. No directional transmitting antenna utilized 
by a fixed station operating in this band may be aimed within 1.5 
degrees of the geostationary-satellite orbit, taking into account 
atmospheric refraction. However, exception may be made in unusual 
circumstances upon a showing that there is no reasonable alternative to 
the transmission path proposed. If there is no evidence that such 
exception would cause possible harmful interference to an authorized 
satellite system, said transmission path may be authorized on waiver 
basis where the maximum value of the equivalent isotropically radiated 
power (EIRP) does not exceed +45 dBW for any antenna beam directed 
within 1.5 degrees of the stationary satellite orbit.
    (d) Methods for calculating the azimuths to be avoided may be found 
in: CCIR Report No. 393 (Green Books), New Delhi, 1970; in ``Radio-Relay 
Antenna Pointing for controlled Interference With Geostationary-
Satellites'' by C. W. Lundgren and A. S. May, Bell System Technical 
Journal, Vol. 48, No. 10, pp. 3387-3422, December 1969; and in 
``Geostationary Orbit Avoidance Computer Program'' by Richard G. Gould, 
Common Carrier Bureau Report CC-7201, FCC, Washington, DC, 1972. This 
latter report is available through the National Technical Information 
Service, U.S. Department of Commerce, Springfield, VA 22151, in printed 
form (PB-211 500) or source card deck (PB-211 501).



Sec. 101.147  Frequency assignments.

    (a) Frequencies in the following bands are available for assignment 
for fixed microwave services.

928.0-929.0 MHz (22)
932.0-932.5 MHz (27)
932.5-935 MHz (17)
941.0-941.5 MHz (17) (18)
941.5-944 MHz (27)
952.0-960.0 MHz (22)
1,850-1,990 MHz (20) (22)
2,110-2,130 MHz) (1) (3) (7) (20)
2,130-2,150 MHz (20) (22)
2,150-2,160 MHz (20) (22)
2,160-2,180 MHz (1) (2) (20) (21)
2,180-2,200 MHz (20) (22)
2,450-2,500 MHz (22)
2,650-2,690 MHz (22)
3,700-4,200 MHz (8) (14) (25)
5,925-6,425 MHz (6) (14) (25)
6,425-6,525 MHz (24)
6,525-6,875 MHz (14)
10,550-10,680 MHz (19)
10,700-11,700 MHz (8) (9) (19) (25)
11,700-12,200 MHz (24)
12,200-12,500 MHz (22)
12,500-12,700 MHz (22)
12,700-13,200 MHz (22)
13,200-13,250 MHz (4) (24) (25)
14,200-14,400 MHz (24)
17,700-18,820 MHz (5) (10) (15)
18,820-18,920 MHz (22)
18,920-19,160 MHz (5 (10) (15)
19,160-19,260 MHz (22)
19,260-19,700 MHz (5) (10) (15)
21,200-22,000 MHz (4) (11) (12) (13) (24) (25) (26)
22,000-23,600 MHz (4) (11) (12) (24) (25) (26)
24,250-25,250 MHz
27,500-28,350 MHz (16)
29,100-29,250 MHz (5), (16)
31,000-31,300 MHz (16)
38,600-40,000 MHz (4)
Bands Above 40,000 MHz

                                  Notes

    (1) Frequencies in this band are shared with control and repeater 
stations in the Domestic Public Land Mobile Radio Service and with 
stations in the International Fixed Public Radiocommunication Services 
located south of 25 deg. 30' north latitude in the State of Florida and 
U. S. possessions in the Caribbean area. Additionally, the band 2160-

[[Page 685]]

2162 MHz is shared with stations in the Multipoint Distribution Service.
    (2) Except upon showing that no alternative frequencies are 
available, no new assignments will be made in the band 2160-2162 MHz for 
stations located within 80.5 kilometers (50 miles) of the coordinates of 
the cities listed in Sec. ) 21.901(c) of this chapter.
    (3) Television transmission in this band is not authorized and radio 
frequency channel widths may not exceed 3.5 MHz.
    (4) Frequencies in this band are shared with fixed and mobile 
stations licensed in other services.
    (5) Frequencies in this band are shared with stations in the fixed-
satellite service.
    (6) These frequencies are not available for assignment to mobile 
earth stations.
    (7) Frequencies in the band 2110-2120 MHz may be authorized on a 
case-by-case basis to Government or non-Government space research earth 
stations for telecommand purposes in connection with deep space 
research.
    (8) This frequency band is shared with station(s) in the Local 
Television Transmission Service and, in the U.S. Possessions in the 
Caribbean area, with stations in the International Fixed Public 
Radiocommunications Services.
    (9) The band segments 10.95-11.2 and 11.45-11.7 GHz are shared with 
space stations (space to earth) in the fixed-satellite service.
    (10) This band is co-equally shared with stations in the fixed 
services under parts 74, 78 and 101 of this chapter.
    (11) Frequencies in this band are shared with Government stations.
    (12) Assignments to common carriers in this band are normally made 
in the segments 21.2-21.8 GHz and 22.4-23.8 GHz and to operational fixed 
users in the segments 21.8-22.4 GHz and 23.0-23.6 GHz. Assignments may 
be made otherwise only upon a showing that no interference free 
frequencies are available in the appropriate band segments.
    (13) Frequencies in this band are shared with stations in the earth 
exploration satellite service (space to earth).
    (14) Frequencies in this band are shared with stations in the fixed-
satellite and private operational fixed point-to-point microwave 
services.
    (15) Stations licensed as of September 9, 1983 to use frequencies in 
the 17.7-19.7 GHz band may, upon proper application, continue to be 
authorized for such operation.
    (16) As of June 30, 1997, frequencies in these bands are available 
for assignment only to LMDS radio stations, except for non-LMDS radio 
stations authorized pursuant to applications refiled no later than June 
26, 1998.
    (17) Frequencies in these bands are shared with Government fixed 
stations and stations in the Private Operational Fixed Point-to-Point 
Microwave Service (part 101).
    (18) Frequencies in the 942 to 944 MHz band are also shared with 
broadcast auxiliary stations.
    (19) Frequencies in this band are shared with stations in the 
private-operational fixed point-to-point microwave service.
    (20) New facilities in these bands will be licensed only on a 
secondary basis. Facilities licensed or applied for before January 16, 
1992, are permitted to make modifications and minor extensions in 
accordance with Sec. 101.77 and still retain primary status.
    (21) Any authorization of additional stations to use the 2160-2162 
MHz band for Multipoint Distribution Service applied for after January 
16, 1992, will be secondary to use of the band for emerging technology 
services.
    (22) Frequencies in these bands are for the exclusive use of Private 
Operational Fixed Point-to-Point Microwave Service (part 101).
    (23) Frequencies in these bands are for the exclusive use of Common 
Carrier Fixed Point-to-Point Microwave Service (part 101).
    (24) Frequencies in these bands are available for assignment to 
television pickup and television non-broadcast pickup stations. The 
maximum power for the local television transmission service in the 14.2-
14.4 GHz band is +45 dBW except that operations are not permitted within 
1.5 degrees of the geostationary orbit.
    (25) Frequencies in these bands are available for assignment to 
television STL stations.
    (26) Frequency pairs 21.825/23.025 GHz, 21.875/23.075 GHz, 21.925/
23.125 GHz, and 21.975/23.175 GHz may be authorized for low power, 
limited coverage, systems subject to the provisions of paragraph (s) of 
this section.
    (27) Frequencies in the 932 to 932.5 MHz and 941 to 941.5 MHz bands 
are shared with Government fixed point-to-multipoint stations and point-
to-multipoint stations in the Public Land Mobile Service. Frequencies in 
these bands are paired with one another and are available for point-to-
multipoint transmission of the licensee's products and information 
services, excluding video entertainment material, to the licensee's 
customers.

    (b) Frequencies normally available for assignment in this service 
are set forth with applicable limitations in the following tables: 928-
960 MHz Multiple address system (MAS) frequencies are available for the 
point-to-multipoint transmission of a licensee's products or services, 
excluding video entertainment material, to a licensee's customer or for 
its own internal communications. The paired frequencies listed

[[Page 686]]

in this section are used for two-way interrogate/response communications 
between a master station and remote stations. Each master station 
operating on these frequencies is required to serve a minimum of four 
separate active remote stations. Ancillary one-way communications on 
paired frequencies are permitted on a case-by-case basis. Ancillary 
communications between interrelated master stations are permitted on a 
secondary basis. The normal channel bandwidth assigned will be 12.5 kHz. 
Upon adequate justification, however, channels with bandwidths up to 50 
kHz may be authorized. Tables 2, 4, and 6 list frequencies with 25 kHz 
bandwidth channels. When licensed for a larger bandwidth, the system 
still is required to use equipment that meets the 0.00015 
percent tolerance requirement. (See Sec. 101.107). Any bandwidth (12.5 
kHz, 25 kHz or greater) authorized in accordance with this section may 
be subdivided into narrower bandwidths to create additional (or sub) 
frequencies without the need to specify each discrete frequency within 
the specific bandwidth. Equipment that is used to create additional 
frequencies by narrowing bandwidth (whether authorized for a 12.5 kHz, 
25 kHz or greater bandwidth) will be required to meet, at a minimum, the 
0.00015 percent tolerance requirement so that all 
subfrequencies will be within the emission mask. When using 
subfrequencies, licensees are subject to the construction requirement of 
one master and four remotes per authorized bandwidth (12.5 kHz, 25 kHz 
or greater. Systems licensed for frequencies in these MAS bands prior to 
August 1, 1975, may continue to operate as authorized until June 11, 
1996, at which time they must comply with current MAS operations based 
on the 12.5 KHz channelization set forth in this paragraph. Systems 
licensed between August 1, 1975, and January 1, 1981, inclusive, are 
required to comply with the grandfathered 25 kHz standard bandwidth and 
channelization requirements set forth in this paragraph. Systems 
originally licensed after January 1, 1981, and on or before May 11, 
1988, with bandwidths of 25 kHz and above, will be grandfathered 
indefinitely.
    (1) General access pool. Frequencies listed in this paragraph are 
available to all persons eligible under this part for use in multiple 
address radio systems. Except as noted, however, the frequencies may be 
used by power licensees, as defined in Sec. 90.7 of this chapter, only 
if the frequencies in paragraph (b)(2) of this section are exhausted in 
the particular geographic area. The frequencies are also available for 
shared use by part 22 Public Land Mobile Service users if frequencies 
listed in Sec. 22.50(g) of this chapter are exhausted in the particular 
geographic area. Applications for use of these frequencies under part 22 
of this chapter are subject to part 101 requirements.

                    Table 1--Paired Frequencies (MHz)
                          [12.5 kHz bandwidth]
------------------------------------------------------------------------
                                                                Master
                      Remote transmit                          transmit
------------------------------------------------------------------------
928.00625..................................................    952.00625
928.01875..................................................    952.01875
928.03125..................................................    952.03125
928.04375..................................................    952.04375
928.05625..................................................    952.05625
928.06875..................................................    952.06875
928.08125..................................................    952.08125
928.09375..................................................    952.09375
928.10625..................................................    952.10625
928.11875..................................................    952.11875
928.13125..................................................    952.13125
928.14375..................................................    952.14375
928.15625..................................................    952.15625
928.16875..................................................    952.16875
928.18125..................................................    952.18125
928.19375..................................................    952.19375
928.20625..................................................    952.20625
928.21875..................................................    952.21875
928.23125..................................................    952.23125
928.24375..................................................    952.24375
928.25625..................................................    952.25625
928.26875..................................................    952.26875
928.28125..................................................    952.28125
928.29375..................................................    952.29375
928.30625..................................................    952.30625
928.31875..................................................    952.31875
928.33125..................................................    952.33125
928.34375..................................................    952.34375
------------------------------------------------------------------------


                     Unpaired Frequencies (MHz) \1\
                          [12.5 kHz bandwidth]
------------------------------------------------------------------------
           D                        D                        D
------------------------------------------------------------------------
         956.25625       956.33125                956.39375
         956.26875       956.34375                956.40625
         956.28125       956.35625                956.41875
         956.29375       956.36875                956.43125
         956.30625       956.38125                956.44375
         956.31875       .......................  ......................
------------------------------------------------------------------------
\1\ Available to power licensees, as defined in Sec.  90.7 of this
  chapter, regardless of whether frequencies in the power pool are
  exhausted.


[[Page 687]]


                    Table 2--Paired Frequencies (MHz)
                           [25 kHz bandwidth]
------------------------------------------------------------------------
                                                                Master
                      Remote transmit                          transmit
------------------------------------------------------------------------
928.0125...................................................     952.0125
928.0375...................................................     952.0375
928.0625...................................................     952.0625
928.0875...................................................     952.0875
928.1125...................................................     952.1125
928.1375...................................................     952.1375
928.1625...................................................     952.1625
928.1875...................................................     952.1875
928.2125...................................................     952.2125
928.2375...................................................     952.2375
928.2625...................................................     952.2625
928.2875...................................................     952.2875
928.3125...................................................     952.3125
928.3375...................................................     952.3375
------------------------------------------------------------------------


                     Unpaired Frequencies (MHz) \1\
                           [25 kHz bandwidth]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
          956.2625       956.3375                 956.4125
          956.2875       956.3625                 956.4375
          956.3125       956.3875                 ......................
------------------------------------------------------------------------
\1\ Available to power licensees, as defined in Sec.  90.7 of this
  chapter, regardless of whether frequencies in the power pool are
  exhausted.

    (2) Power pool. Frequencies listed in this paragraph are available 
to persons defined as a Power licensee in Sec. 90.7 of this chapter for 
use in multiple address systems. After January 1, 1992, the frequencies 
are also available for use by general access pool users and part 22 
Public Land Mobile Service users (Sec. 22.501(g) of this chapter) 
provided frequencies listed in their respective pools are exhausted in 
the particular geographic area. Applications for use of these 
frequencies under part 22 of this chapter are subject to part 101 
requirements.

                   Table 3.--Paired Frequencies (MHz)
                          [12.5 kHz bandwidth]
------------------------------------------------------------------------
                                                                Master
                      Remote transmit                          transmit
------------------------------------------------------------------------
928.35625..................................................    952.35625
928.36875..................................................    952.36872
928.38125..................................................    952.38125
928.39375..................................................    952.39375
928.40625..................................................    952.40625
928.41875..................................................    952.41875
928.43125..................................................    952.43125
928.44375..................................................    952.44375
928.45625..................................................    952.45625
928.46875..................................................    952.46875
928.48125..................................................    952.48125
928.49375..................................................    952.49375
928.50625..................................................    952.50625
928.51875..................................................    952.51875
928.53125..................................................    952.53125
928.54375..................................................    952.54375
928.55625..................................................    952.55625
928.56875..................................................    952.56875
928.58125..................................................    952.58125
928.59375..................................................    952.59375
928.60625..................................................    952.60625
928.61875..................................................    952.61875
928.63125..................................................    952.63125
928.64375..................................................    952.64375
928.65625..................................................    952.65625
928.66875..................................................    952.66875
928.68125..................................................    952.68125
928.69375..................................................    952.69375
928.70625..................................................    952.70625
928.71875..................................................    952.71875
928.73125..................................................    952.73125
928.74375..................................................    952.74375
928.75675..................................................    952.75625
928.76875..................................................    952.76875
928.78125..................................................    952.78125
928.79375..................................................    952.79375
928.80625..................................................    952.80625
928.81875..................................................    952.81875
928.83125..................................................    952.83125
928.84375..................................................    952.84375
------------------------------------------------------------------------


                   Table 4.--Paired Frequencies (MHz)
                           [25 kHz bandwidth]
------------------------------------------------------------------------
                                                                Master
                      Remote transmit                          transmit
------------------------------------------------------------------------
928.3625...................................................     952.3625
928.3875...................................................     952.3875
928.4125...................................................     952.4125
928.4375...................................................     952.4375
928.4625...................................................     952.4625
928.4875...................................................     952.4875
928.5125...................................................     952.5125
928.5375...................................................     952.5375
928.5625...................................................     952.5625
928.5875...................................................     952.5875
928.6125...................................................     952.6125
928.6375...................................................     952.6375
928.6625...................................................     952.6625
928.6875...................................................     952.6875
928.7125...................................................     952.7125
928.7375...................................................     952.7375
928.7625...................................................     952.7625
928.7875...................................................     952.7875
928.8125...................................................     952.8125
928.8375...................................................     952.8375
------------------------------------------------------------------------

    (3) Frequencies listed in this paragraph are available for shared 
use by general access pool users for multiple address operations if 
frequencies listed in paragraph (b)(1) of this section are exhausted in 
the particular geographic area: The frequencies are also available to 
eligibles in the power pool provided there are no other frequencies 
available for the type of operation contemplated. The frequencies in 
this pool may be assigned for paired or unpaired

[[Page 688]]

operation. If paired, the corresponding lower frequency is for remote 
unit use. Applications for these frequencies are subject to the 
conditions outlined in Sec. 22.27 of this chapter.

       Table 5.--Public Mobile Service Category Frequencies (MHz)
                          [12.5 kHz bandwidth]
------------------------------------------------------------------------
                                                                Master
                      Remote transmit                          transmit
------------------------------------------------------------------------
928.85625..................................................    959.85625
928.86875..................................................    959.86875
928.88125..................................................    959.88125
928.89375..................................................    959.89375
928.90625..................................................    959.90625
928.91875..................................................    959.91875
928.93125..................................................    959.93125
928.94375..................................................    959.94375
928.95625..................................................    959.95625
928.96875..................................................    959.96875
928.98125..................................................    959.98125
928.99375..................................................    959.99375
------------------------------------------------------------------------


        Table 6--Public Mobile Service Category Frequencies (MHz)
                           [25 kHz bandwidth]
------------------------------------------------------------------------
                                                                Master
                      Remote transmit                          transmit
------------------------------------------------------------------------
928.8625...................................................     959.8625
928.8875...................................................     959.8875
928.9125...................................................     959.9125
928.9375...................................................     959.9375
928.9625...................................................     959.9625
928.9875...................................................     959.9875
------------------------------------------------------------------------

    (4) Frequencies listed in this paragraph are shared with stations in 
the Public Land Mobile Service, part 22 of this chapter.

                       Table 7--Paired Frequencies
                          [12.5 kHz bandwidth]
------------------------------------------------------------------------
                                                                Master
                      Remote transmit                          transmit
------------------------------------------------------------------------
932.00625..................................................    941.00625
932.01875..................................................    941.01875
932.03125..................................................    941.03125
932.04375..................................................    941.04375
932.05625..................................................    941.05625
932.06875..................................................    941.06875
932.08125..................................................    941.08125
932.09375..................................................    941.09375
932.10625..................................................    941.10625
932.11875..................................................    941.11875
932.13125..................................................    941.13125
932.14375..................................................    941.14375
932.15625..................................................    941.15625
932.16875..................................................    941.16875
932.18125..................................................    941.18125
932.19375..................................................    941.19375
932.20625..................................................    941.20625
932.21875..................................................    941.21875
932.23125..................................................    941.23125
932.24375..................................................    941.24375
932.25625..................................................    941.25625
932.26875..................................................    941.26875
932.28125..................................................    941.28125
932.29375..................................................    941.29375
932.30625..................................................    941.30625
932.31875..................................................    941.31875
932.33125..................................................    941.33125
932.34375..................................................    941.34375
932.35625..................................................    941.35625
932.36875..................................................    941.36875
932.38125..................................................    941.38125
932.39375..................................................    941.39375
932.40625..................................................    941.40625
932.41875..................................................    941.41875
932.43125..................................................    941.43125
932.44375..................................................    941.44375
932.45625..................................................    941.45625
932.46875..................................................    941.46875
932.48125..................................................    941.48125
932.49375..................................................    941.49375
------------------------------------------------------------------------

    (5) Equivalent power and antenna heights for multiple address master 
stations:

------------------------------------------------------------------------
                                                       Maximum effective
                                                        radiated power
           Antenna height (AAT) in meters            -------------------
                                                        Watts      dBm
------------------------------------------------------------------------
Above 305...........................................       200        53
Above 274 to 305....................................       250        54
Above 244 to 274....................................       315        55
Above 213 to 244....................................       400        56
Above 182 to 213....................................       500        57
Above 152.5 to 182..................................       630        58
152.5 and below.....................................     1,000        60
------------------------------------------------------------------------

    For mobile operations the maximum ERP is 25 watts (44 dBm).
    (6) Fixed point-to-point frequencies.

                       Table 8--Paired Frequencies
 [All frequencies may be used by Common Carrier Fixed Point-to-Point and
Private Operational Fixed Point-to-Point Microwave Service licensees; 25
                             kHz bandwidth]
------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
932.5125...................................................     941.5125
932.5375...................................................     941.5375
932.5625...................................................     941.5625
932.5875...................................................     941.5875
932.6125...................................................     941.6125
932.6375...................................................     941.6375
932.6625...................................................     941.6625
934.8375...................................................     943.8375
934.8625...................................................     943.8625
934.8875...................................................     943.8875
934.9125...................................................     943.9125
934.9375...................................................     943.9375
934.9625...................................................     943.9625
934.9875...................................................     943.9875
------------------------------------------------------------------------


[[Page 689]]


                       Table 9--Paired Frequencies
  [Frequencies may be used only by Private Operational Fixed Point-to-
    Point Microwave Service licensees, unless otherwise noted; 50 kHz
                               bandwidth]
------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
932.70 \1\.................................................   \1\ 941.70
932.75 \1\.................................................   \1\ 941.75
934.80 \1\.................................................   \1\ 943.80
956.65.....................................................       953.05
956.75.....................................................       953.15
956.85.....................................................       953.25
956.95.....................................................       953.35
957.05.....................................................       953.45
957.25.....................................................       953.65
957.35.....................................................       953.75
957.45.....................................................       953.85
957.65.....................................................       954.05
957.75.....................................................       954.15
957.85.....................................................       954.25
958.05.....................................................       954.45
958.15.....................................................       954.55
958.25.....................................................       954.65
958.45.....................................................       954.85
958.55.....................................................       954.95
958.65.....................................................       955.05
958.85.....................................................       955.25
958.95.....................................................       955.35
959.05.....................................................       955.45
959.25.....................................................       955.65
959.35.....................................................       955.75
959.45.....................................................       955.85
959.55.....................................................       955.95
959.65.....................................................      956.05
------------------------------------------------------------------------
\1\ These frequencies also may be used by Common Carrier Fixed Point-to-
  Point Microwave licensees.


                      Table 10--Paired Frequencies
  [Frequencies may be used only by Private Operational Fixed Point-to-
  Point Microwave licensees, unless otherwise noted; 100 kHz bandwidth]
------------------------------------------------------------------------
                                                               Receive
                 Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
932.8250 \1\..............................................  \1\ 941.8250
932.9250 \1\..............................................  \1\ 941.9250
933.0250 \1\..............................................  \1\ 942.0250
934.5250 \1\..............................................  \1\ 943.5250
934.6250 \1\..............................................  \1\ 943.6250
934.7250 \1\..............................................  \1\ 943.7250
956.6.....................................................      953.0
956.7.....................................................      953.1
956.8.....................................................      953.2
956.9.....................................................      953.3
957.0.....................................................      953.4
957.1.....................................................      953.5
957.2.....................................................      953.6
957.3.....................................................      953.7
957.4.....................................................      953.8
957.5.....................................................      953.9
957.6.....................................................      954.0
957.7.....................................................      954.1
957.8.....................................................      954.2
957.9.....................................................      954.3
958.0.....................................................      954.4
958.1.....................................................      954.5
958.2.....................................................      954.6
958.3.....................................................      954.7
958.4.....................................................      954.8
958.5.....................................................      954.9
958.6.....................................................      955.0
958.7.....................................................      955.1
958.8.....................................................      955.2
958.9.....................................................      955.3
959.0.....................................................      955.4
959.1.....................................................      955.5
959.2.....................................................      955.6
959.3.....................................................      955.7
959.4.....................................................      955.8
959.5.....................................................      955.9
959.6.....................................................      956.0
959.7.....................................................      956.1
------------------------------------------------------------------------
\1\ These frequencies also may be used by Common Carrier Fixed Point-to-
  Point Microwave licensees.


                      Table 11--Paired Frequencies
  [Frequencies may be used only by Private Operational Fixed Point-to-
  Point Microwave licensees, unless otherwise noted; 200 kHz bandwidth]
------------------------------------------------------------------------
                                                               Receive
                 Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
933.1750 \1\..............................................  \1\ 942.1750
933.3750 \1\..............................................  \1\ 942.3750
933.5750 \1\..............................................  \1\ 942.5750
933.7750 \1\..............................................  \1\ 942.7750
933.9750 \1\..............................................  \1\ 942.9750
933.1750 \1\..............................................  \1\ 943.1750
933.3750 \1\..............................................  \1\ 943.3750
957.15....................................................      953.55
957.55....................................................      953.95
957.95....................................................      954.35
958.35....................................................      954.75
958.75....................................................      955.15
959.15....................................................      955.55
------------------------------------------------------------------------
\1\ These frequencies also may be used by Common Carrier Fixed Point-to-
  Point Microwave licensees.

    (c) 1850-1990 MHz. (1) 10 MHz maximum bandwidth.

                           Paired Frequencies
------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
1855.......................................................         1935
1865.......................................................         1945
1875.......................................................         1955
1885.......................................................         1965
1895.......................................................         1975
1905.......................................................         1985
------------------------------------------------------------------------


                          Unpaired Frequencies
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
                                    1915 \1\
                                    1925 \1\
------------------------------------------------------------------------
\1\ Available for systems employing one-way transmission.

    (2) 5 MHz maximum bandwidth.

[[Page 690]]



                           Paired Frequencies
------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
1860.......................................................         1940
1870.......................................................         1950
1880.......................................................         1960
1890.......................................................         1970
1900.......................................................         1980
------------------------------------------------------------------------

    (d) 2130-2150 MHz; 2180-2200 MHz. 800 kHz maximum bandwidth, unless 
noted.

                           Paired Frequencies
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                             2130-2150                         2180-2200
------------------------------------------------------------------------


 
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
2130.8.....................................................       2180.8
2131.6.....................................................   \1\ 2181.6
2132.4.....................................................       2182.4
2133.2.....................................................   \1\ 2183.2
2134.0.....................................................       2184.0
2134.8.....................................................   \1\ 2184.8
2135.6.....................................................       2185.6
2136.4.....................................................   \1\ 2186.4
2137.2.....................................................       2187.2
2138.0.....................................................   \1\ 2188.0
2139.6.....................................................   \1\ 2189.6
2138.8.....................................................       2188.8
2140.4.....................................................       2190.4
2141.2.....................................................   \1\ 2191.2
2142.0.....................................................       2192.0
2142.8.....................................................   \1\ 2192.8
2143.6.....................................................       2193.6
2144.4.....................................................   \1\ 2194.4
2145.2.....................................................       2195.2
2146.0.....................................................   \1\ 2196.0
2146.8.....................................................       2196.8
2147.6.....................................................   \1\ 2197.6
2148.4.....................................................       2198.4
2149.2.....................................................      2199.2
------------------------------------------------------------------------
\1\ Consideration will be given on a case-by-case basis to assigning
  these frequency pairs to systems employing 1600 KHz bandwidth
  transmissions.

    (e) 2150-2160 MHz. Specific frequency of operation to be set forth 
in authorization. Omnidirectional transmission only may be authorized, 
subject to providing protection from harmful interference to previously 
authorized stations in this service and in other services sharing this 
band.
    (f) 2450-2500 MHz. (1) This band is shared with other communications 
services and is not subject to protection from interference from 
industrial, scientific, and medical devices operating on 2450 MHz.
    (2) Stations licensed in this band under this part prior to March 1, 
1996, are grandfathered and may continue their authorized operations. 
Stations licensed in the 2483.5-2500 MHz portion of the band as of July 
25, 1985, or on a subsequent date as a result of submitting an 
application on or before July 25, 1985, are grandfathered, and may 
continue operations, subject only to license renewal, on a co-primary 
basis with the Radiodetermination Satellite Service.
    (3) 625 KHz bandwidth channels. The normal bandwidth authorized will 
be 625 KHz. Upon adequate justification, additional contiguous channels 
may be authorized to provide up to a 2500 KHz bandwidth.

                           Paired Frequencies
------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
2450.3125..................................................    2467.5625
2450.9375..................................................    2468.1875
2451.5625..................................................    2468.8125
2452.1875..................................................    2469.4375
2452.8125..................................................    2470.0625
2453.4375..................................................    2470.6875
2454.0625..................................................    2471.3125
2454.6875..................................................    2471.9375
2455.3125..................................................    2472.5625
2455.9375..................................................    2473.1875
2456.5625..................................................    2473.8125
2457.1875..................................................    2474.4375
2457.8125..................................................    2475.0625
2458.4375..................................................    2475.6875
2459.0625..................................................    2476.3125
2459.6875..................................................    2476.9375
2460.3125..................................................    2477.5625
2460.9375..................................................    2478.1875
2461.5625..................................................    2478.8125
2462.1875..................................................    2479.4375
2462.8125..................................................    2480.0625
2463.4375..................................................    2480.6875
2464.0625..................................................    2481.3125
2464.6875..................................................    2481.9375
2465.3125..................................................    2482.5625
2465.9375..................................................    2483.1875
------------------------------------------------------------------------

    (g) 2500-2690 MHz. Operational-fixed stations may be authorized on 
the following frequencies:

                            Frequencies (MHz)
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
                                   2686.9375
                                   2687.9375
                                   2688.5625
                                   2688.6875
                                   2688.9375
                                   2689.5625
                                   2689.6875
------------------------------------------------------------------------

    Note to (g): Operational-Fixed stations authorized in this band as 
of July 16, 1971, which do not comply with the provisions of this part 
may continue to operate on the frequencies assigned on a coequal basis 
with

[[Page 691]]

other stations operating in accordance with the Table of Frequency 
allocations. Requests for subsequent license renewals or modifications 
for such stations will be considered. However, expansion of systems 
comprised of such stations will not be permitted, except pursuant to the 
provisions of this part. No new licenses will be issued under this part 
until specific operating parameters are established for this band.

    (h) 3,700 to 4,200 MHz. 20 MHz maximum authorized bandwidth.
    20 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
3710.......................................................         3750
3730.......................................................         3770
3790.......................................................         3830
3810.......................................................         3850
3870.......................................................         3910
3890.......................................................         3930
3950.......................................................         3990
3970.......................................................         4010
4030.......................................................         4070
4050.......................................................         4090
4110.......................................................         4150
4130.......................................................         4170
N/A........................................................    \1\ 4190
------------------------------------------------------------------------
\1\ This frequency may be assigned for unpaired use.

    (i) 5,925 to 6,425 MHz. 30 MHz authorized bandwidth.
    (1) 400 kHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
5925.225...................................................     6177.100
5925.625...................................................     6177.500
5926.050...................................................     6177.925
5926.450...................................................     6178.325
5926.875...................................................     6178.750
5927.275...................................................     6179.150
5927.725...................................................     6179.600
5928.125...................................................     6180.000
5928.550...................................................     6180.425
5928.950...................................................     6180.825
5929.375...................................................     6181.250
5929.775...................................................     6181.650
6168.350...................................................     6420.225
6168.750...................................................     6420.625
6169.175...................................................     6421.050
6169.575...................................................     6421.450
6170.000...................................................     6421.875
6170.400...................................................     6422.275
6170.850...................................................     6422.725
6171.250...................................................     6423.125
6171.675...................................................     6423.550
6172.075...................................................     6423.950
6172.500...................................................     6424.375
6172.900...................................................     6424.775
------------------------------------------------------------------------

    (2) 800 kHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
5925.425...................................................     6177.300
5926.250...................................................     6178.125
5927.075...................................................     6178.950
5927.925...................................................     6179.800
5928.750...................................................     6180.625
5929.575...................................................     6181.450
6168.550...................................................     6420.425
6169.375...................................................     6421.250
6170.200...................................................     6422.075
6171.050...................................................     6422.925
6171.875...................................................     6423.750
6172.700...................................................     6424.575
------------------------------------------------------------------------

    (3) 1.25 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
5925.625...................................................     6177.500
5926.875...................................................     6178.750
5928.125...................................................     6180.000
5929.375...................................................     6181.250
6108.893...................................................     6360.933
6110.128...................................................     6362.168
6111.364...................................................     6363.404
6112.599...................................................     6364.639
6113.834...................................................     6365.874
6115.070...................................................     6367.110
6116.305...................................................     6368.345
6117.541...................................................     6369.581
6118.776...................................................     6370.816
6120.011...................................................     6372.051
6121.247...................................................     6373.287
6122.482...................................................     6374.522
6123.718...................................................     6375.758
6124.953...................................................     6376.993
6126.189...................................................     6378.229
6127.424...................................................     6379.464
6128.659...................................................     6380.699
6129.895...................................................     6381.935
6131.130...................................................     6383.170
6132.366...................................................     6384.406
6133.601...................................................     6385.641
6134.836...................................................     6386.876
6136.072...................................................     6388.112
6137.307...................................................     6389.347
6138.543...................................................     6390.583
6139.778...................................................     6391.818
6141.014...................................................     6393.054
6142.249...................................................     6394.289
6143.484...................................................     6395.524
6144.720...................................................     6396.760
6145.955...................................................     6397.995
6147.191...................................................     6399.231
6148.426...................................................     6400.466
6149.661...................................................     6401.701
6150.897...................................................     6402.937
6152.132...................................................     6404.172
6153.368...................................................     6405.408
6154.603...................................................     6406.643
6155.839...................................................     6407.879
6157.074...................................................     6409.114
6158.309...................................................     6410.349
6159.545...................................................     6411.585
6160.780...................................................     6412.820
6162.016...................................................     6414.056
6163.251...................................................     6415.291
6164.486...................................................     6416.526
6165.722...................................................     6417.762
6166.957...................................................     6418.997
6168.750...................................................     6420.625
6170.000...................................................     6421.875

[[Page 692]]

 
6171.250...................................................     6423.125
6172.500...................................................     6424.375
6173.750 \1\...............................................          N/A
6175.000 \1\...............................................          N/A
6176.250 \1\...............................................          N/A
------------------------------------------------------------------------
\1\ These frequencies may be assigned for unpaired use.

    (4) 2.5 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
5926.250...................................................     6178.125
5928.750...................................................     6180.625
6109.510...................................................     6361.550
6111.981...................................................     6364.021
6114.452...................................................     6366.492
6116.923...................................................     6368.963
6119.394...................................................     6371.434
6121.865...................................................     6373.905
6124.335...................................................     6376.375
6126.806...................................................     6378.846
6129.277...................................................     6381.317
6131.748...................................................     6383.788
6134.219...................................................     6386.259
6136.690...................................................     6388.730
6139.160...................................................     6391.200
6141.631...................................................     6393.671
6144.102...................................................     6396.142
6146.573...................................................     6398.613
6149.044...................................................     6401.084
6151.515...................................................     6403.555
6153.985...................................................     6406.025
6156.456...................................................     6408.496
6158.927...................................................     6410.967
6161.398...................................................     6413.438
6163.869...................................................     6415.909
6166.340...................................................     6418.380
6169.375...................................................     6421.250
6171.875...................................................     6423.750
6175.625 \1\...............................................         N/A
------------------------------------------------------------------------
\1\ This frequency may be assigned for unpaired use.

    (5) 3.75 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
6111.364...................................................     6363.404
6116.305...................................................     6368.345
6121.247...................................................     6373.287
6126.189...................................................     6378.229
6131.130...................................................     6383.170
6136.072...................................................     6388.112
6141.014...................................................     6393.054
6145.955...................................................     6397.995
6150.897...................................................     6402.937
6155.839...................................................     6407.879
6160.780...................................................     6412.820
6165.722...................................................     6417.762
6175.000 \1\...............................................         N/A
------------------------------------------------------------------------
\1\ This frequency may be assigned for unpaired use.

    (6) 5 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
6110.75....................................................      6362.79
6115.69....................................................      6367.73
6120.63....................................................      6372.67
6125.57....................................................      6377.61
6130.51....................................................      6382.55
6135.45....................................................      6387.49
6140.40....................................................      6392.44
6145.34....................................................      6397.38
6150.28....................................................      6402.32
6155.22....................................................      6407.26
6160.16....................................................      6412.20
6165.10....................................................      6417.14
------------------------------------------------------------------------

    (7) 10 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
5935.32....................................................      6187.36
5945.20....................................................      6197.24
5955.08....................................................      6207.12
5964.97....................................................      6217.01
5974.85....................................................      6226.89
5984.73....................................................      6236.77
5994.62....................................................      6246.66
6004.50....................................................      6256.54
6014.38....................................................      6266.42
6024.27....................................................      6276.31
6034.15....................................................      6286.19
6044.03....................................................      6296.07
6053.92....................................................      6305.96
6063.80....................................................      6315.84
6073.68....................................................      6325.72
6083.57....................................................      6335.61
6093.45....................................................      6345.49
6103.33....................................................      6355.37
6113.22 \1\................................................  \1\ 6365.26
6123.10 \1\................................................  \1\ 6375.14
6132.98 \1\................................................  \1\ 6385.02
6142.87 \1\................................................  \1\ 6394.91
6152.75 \1\................................................  \1\ 6404.79
6162.63 \1\................................................  \1\ 6414.67
------------------------------------------------------------------------
\1\ Alternate channels. These channels are set aside for narrow
  bandwidth systems and should be used only if all other channels are
  blocked.

    (8) 30 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
5945.20....................................................      6197.24
5974.85....................................................      6226.89
6004.50....................................................      6256.54
6034.15....................................................      6286.19
6063.80....................................................      6315.84
6093.45....................................................      6345.49
6123.10 \1\................................................  \1\ 6375.14
6152.75 \1\................................................  \1\ 6404.79
------------------------------------------------------------------------
\1\ Alternate channels. These channels are set aside for narrow
  bandwidth systems and should be used only if all other channels are
  blocked.

    (j) 6,425 to 6,525 MHz. Mobile. Paired and un-paired operations 
permitted. Use of this spectrum for direct delivery of video programs to 
the general public or multi-channel cable distribution is not permitted. 
This band is co-equally shared with mobile stations licensed

[[Page 693]]

pursuant to parts 21, 74, and 78 of this chapter. Stations not intended 
to be operated while in motion will be licensed under the provision of 
Sec. 101.13(b). The following channel plans apply.
    (1) 1 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                             Receive (or
                Transmit (or receive) (MHz)                   transmit)
                                                                (MHz)
------------------------------------------------------------------------
6425.5.....................................................       6475.5
6450.5.....................................................       6500.5
------------------------------------------------------------------------

    (2) 8 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                             Receive (or
                Transmit (or receive) (MHz)                   transmit)
                                                                (MHz)
------------------------------------------------------------------------
6430.0.....................................................       6480.0
6438.0.....................................................       6488.0
6446.0.....................................................       6596.0
6455.0.....................................................       6505.0
6463.0.....................................................       6513.0
6471.0.....................................................       6521.0
------------------------------------------------------------------------

    (3) 25 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                             Receive (or
                Transmit (or receive) (MHz)                   transmit)
                                                                (MHz)
------------------------------------------------------------------------
6437.5.....................................................       6487.5
6462.5.....................................................       6512.5
------------------------------------------------------------------------

    (k) On the condition that harmful interference will not be caused to 
services operating in accordance with the Table of Frequency 
Allocations, persons holding valid station authorizations on July 15, 
1963, to provide television nonbroadcast pickup service in the 6525-6575 
MHz band may be authorized to continue use of the frequencies specified 
in their authorization for such operations until July 15, 1968.
    (l) 6,525 to 6,875 MHz. 10 MHz authorized bandwidth.
    (1) 400 kHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
6525.225...................................................     6870.225
6525.625...................................................     6870.625
6526.050...................................................     6871.050
6526.450...................................................     6871.450
6526.875...................................................     6871.875
6527.275...................................................     6872.275
6527.725...................................................     6872.725
6528.125...................................................     6873.125
6528.550...................................................     6873.550
6528.950...................................................     6873.950
6529.375...................................................     6874.375
6529.775...................................................     6874.775
------------------------------------------------------------------------

    (2) 800 kHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
6525.425...................................................     6870.425
6526.250...................................................     6871.250
6527.075...................................................     6872.075
6527.925...................................................     6872.925
6528.750...................................................     6873.750
6529.575...................................................     6874.575
------------------------------------------------------------------------

    (3) 1.25 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
6525.625...................................................     6870.625
6526.875...................................................     6871.875
6528.125...................................................     6873.125
6529.375...................................................     6874.375
6540.625 \1\...............................................  \1\ 6718.12
                                                                       5
6541.875 \1\...............................................  \1\ 6719.37
                                                                       5
6543.125 \1\...............................................  \1\ 6713.12
                                                                       5
6544.375 \1\...............................................  \1\ 6714.37
                                                                       5
6545.625 \1\...............................................  \1\ 6715.62
                                                                       5
6546.875 \1\...............................................  \1\ 6716.87
                                                                       5
6548.125...................................................     6728.125
6549.375...................................................     6729.375
6550.625...................................................     6730.625
6551.875...................................................     6731.875
6553.125 \1\...............................................  \1\ 6723.12
                                                                       5
6554.375 \1\...............................................  \1\ 6724.37
                                                                       5
6555.625 \1\...............................................  \1\ 6725.62
                                                                       5
6556.875 \1\...............................................  \1\ 6726.87
                                                                       5
6558.125...................................................     6738.125
6559.375...................................................     6739.375
6560.625...................................................     6740.625
6561.875...................................................     6741.875
6563.125...................................................     6733.125
6564.375...................................................     6734.375
6565.625...................................................     6735.625
6566.875...................................................     6736.875
6568.125 \1\...............................................  \1\ 6720.62
                                                                       5
6569.375 \1\...............................................  \1\ 6721.87
                                                                       5
6580.625 \1\...............................................  \1\ 6868.12
                                                                       5
6581.875 \1\...............................................  \1\ 6869.37
                                                                       5
6583.125 ..................................................     6743.125
6584.375...................................................     6744.375
6585.625...................................................     6745.625
6586.875...................................................     6746.875
6588.125...................................................     6748.125
6589.375...................................................     6749.375
6590.625...................................................     6750.625
6591.875...................................................     6751.875
6593.125...................................................     6753.125
6594.375...................................................     6754.375
6595.625...................................................     6755.625
6596.875...................................................     6756.875
6598.125...................................................     6758.125
6599.375...................................................     6759.375
6600.625...................................................     6760.625
6601.875...................................................     6761.875
6603.125...................................................     6763.125
6604.375...................................................     6764.375
6605.625...................................................     6765.625
6606.875...................................................     6766.875
6608.125...................................................     6768.125

[[Page 694]]

 
6609.375...................................................     6769.375
6610.625...................................................     6770.625
6611.875...................................................     6771.875
6613.125...................................................     6773.125
6614.375...................................................     6774.375
6615.625...................................................     6775.625
6616.875...................................................     6776.875
6618.125...................................................     6778.125
6619.375...................................................     6779.375
6620.625...................................................     6780.625
6621.875...................................................     6781.875
6623.125...................................................     6783.125
6624.375...................................................     6784.375
6625.625...................................................     6785.625
6626.875...................................................     6786.875
6628.125...................................................     6788.125
6629.375...................................................     6789.375
6630.625...................................................     6790.625
6631.875...................................................     6791.875
6633.125...................................................     6793.125
6634.375...................................................     6794.375
6635.625...................................................     6795.625
6636.875...................................................     6796.875
6638.125...................................................     6798.125
6639.375...................................................     6799.375
6640.625...................................................     6800.625
6641.875...................................................     6801.875
6643.125...................................................     6803.125
6644.375...................................................     6804.375
6645.625...................................................     6805.625
6646.875...................................................     6806.875
6648.125...................................................     6808.125
6649.375...................................................     6809.375
6650.625...................................................     6810.625
6651.875...................................................     6811.875
6653.125...................................................     6813.125
6654.375...................................................     6814.375
6655.625...................................................     6815.625
6656.875...................................................     6816.875
6658.125...................................................     6818.125
6659.375...................................................     6819.375
6660.625...................................................     6820.625
6661.875...................................................     6821.875
6663.125...................................................     6823.125
6664.375...................................................     6824.375
6665.625...................................................     6825.625
6666.875...................................................     6826.875
6668.125...................................................     6828.125
6669.375...................................................     6829.375
6670.625...................................................     6830.625
6671.875...................................................     6831.875
6673.125...................................................     6833.125
6674.375...................................................     6834.375
6675.625...................................................     6835.625
6676.875...................................................     6836.875
6678.125...................................................     6838.125
6679.375...................................................     6839.375
6680.625...................................................     6840.625
6681.875...................................................     6841.875
6683.125...................................................     6843.125
6684.375...................................................     6844.375
6685.625...................................................     6845.625
6686.875...................................................     6846.875
6688.125...................................................     6848.125
6689.375...................................................     6849.375
6690.625...................................................     6850.625
6691.875...................................................     6851.875
6693.125...................................................     6853.125
6694.375...................................................     6854.375
6695.625...................................................     6855.625
6696.875...................................................     6856.875
6698.125...................................................     6858.125
6699.375...................................................     6859.375
6700.625...................................................     6860.625
6701.875...................................................     6861.875
6703.125...................................................     6863.125
6704.375...................................................     6864.375
6705.625...................................................     6865.625
6706.875...................................................     6866.875
6708.125 \1\...............................................  \1\ 6710.62
                                                                       5
6709.375 \1\...............................................  \1\ 6711.87
                                                                      5
------------------------------------------------------------------------
\1\ These frequencies may be assigned for unpaired use.

    (4) 2.5 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
6526.25....................................................      6871.25
6528.75 ...................................................      6873.75
6541.25 \1\................................................  \1\ 6718.75
6543.75 \1\................................................  \1\ 6713.75
6546.25 \1\................................................  \1\ 6716.25
6548.75 ...................................................      6728.75
6551.25 ...................................................      6731.25
6553.75 \1\................................................  \1\ 6723.75
6556.25 \1\................................................  \1\ 6726.25
6558.75....................................................      6738.75
6561.25....................................................      6741.25
6563.75....................................................      6733.75
6566.25....................................................      6736.25
6568.75 \1\................................................  \1\ 6721.25
6581.25 \1\................................................  \1\ 6868.75
6583.75....................................................      6743.75
6586.25....................................................      6746.25
6588.75....................................................      6748.75
6591.25....................................................      6751.25
6593.75....................................................      6753.75
6596.25....................................................      6756.25
6598.75....................................................      6758.75
6601.25....................................................      6761.25
6603.75....................................................      6763.75
6606.25....................................................      6766.25
6608.75....................................................      6768.75
6611.25....................................................      6771.25
6613.75....................................................      6773.75
6616.25....................................................      6776.25
6618.75....................................................      6778.75
6621.25....................................................      6781.25
6623.75....................................................      6783.75
6626.25....................................................      6786.25
6628.75....................................................      6788.75
6631.25....................................................      6791.25
6633.75....................................................      6793.75
6636.25....................................................      6796.25
6638.75....................................................      6798.75
6641.25....................................................      6801.25
6643.75....................................................      6803.75
6646.25....................................................      6806.25
6648.75....................................................      6808.75
6651.25....................................................      6811.25
6653.75....................................................      6813.75
6656.25....................................................      6816.25
6658.75....................................................      6818.75
6661.25....................................................      6821.25
6663.75....................................................      6823.75
6666.25....................................................      6826.25
6668.75....................................................      6828.75
6671.25....................................................      6831.25
6673.75....................................................      6833.75
6676.25....................................................      6836.25
6678.75....................................................      6838.75
6681.25....................................................      6841.25

[[Page 695]]

 
6683.75....................................................      6843.75
6686.25....................................................      6846.25
6688.75....................................................      6848.75
6691.25....................................................      6851.25
6693.75....................................................      6853.75
6696.25....................................................      6856.25
6698.75....................................................      6858.75
6701.25....................................................      6861.25
6703.75....................................................      6863.75
6706.25....................................................      6866.25
6708.75 \1\................................................  \1\ 6711.25
 
------------------------------------------------------------------------
\1\ These frequencies may be assigned for unpaired use.

    (5) 3.75 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
6545.625 \1\...............................................  6715.625 \1
                                                                       \
6550.625...................................................     6730.625
6555.625 \1\...............................................  6725.625 \1
                                                                       \
6560.625...................................................     6740.625
6565.625...................................................     6735.625
6585.625...................................................     6745.625
6590.625...................................................     6750.625
6595.625...................................................     6755.625
6600.625...................................................     6760.625
6605.625...................................................     6765.625
6610.625...................................................     6770.625
6615.625...................................................     6775.625
6620.625...................................................     6780.625
6625.625...................................................     6785.625
6630.625...................................................     6790.625
6635.625...................................................     6795.625
6640.625...................................................     6800.625
6645.625...................................................     6805.625
6650.625...................................................     6810.625
6655.625...................................................     6815.625
6660.625...................................................     6820.625
6665.625...................................................     6825.625
6670.625...................................................     6830.625
6675.625...................................................     6835.625
6680.625...................................................     6840.625
6685.625...................................................     6845.625
6690.625...................................................     6850.625
6695.625...................................................     6855.625
6700.625...................................................     6860.625
6705.625...................................................     6865.625
6710.625 \1\...............................................  \1\ 6720.62
                                                                       5
------------------------------------------------------------------------
\1\ These frequencies may be assigned for unpaired use.

    (6) 5 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
6545 \1\...................................................      \1\6715
6550.......................................................         6730
6555 \1\...................................................     \1\ 6725
6560.......................................................         6740
6565.......................................................         6735
6585.......................................................         6745
6590.......................................................         6750
6595.......................................................         6755
6600.......................................................         6760
6605.......................................................         6765
6610.......................................................         6770
6615.......................................................         6775
6620.......................................................         6780
6625.......................................................         6785
6630.......................................................         6790
6635.......................................................         6795
6640.......................................................         6800
6645.......................................................         6805
6650.......................................................         6810
6655.......................................................         6815
6660.......................................................         6820
6665.......................................................         6825
6670.......................................................         6830
6675.......................................................         6835
6680.......................................................         6840
6685.......................................................         6845
6690.......................................................         6850
6695.......................................................         6855
6700.......................................................         6860
6705.......................................................         6865
6710 \1\...................................................     \1\ 6720
------------------------------------------------------------------------
\1\ These frequencies may be assigned for unpaired use.

    (7) 10 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
6545 \1\...................................................     \1\ 6715
6555 \1\...................................................     \1\ 6725
6565.......................................................         6735
6585.......................................................         6745
6595.......................................................         6755
6605.......................................................         6765
6615.......................................................         6775
6625.......................................................         6785
6635.......................................................         6795
6645.......................................................         6805
6655.......................................................         6815
6665.......................................................         6825
6675.......................................................         6835
6685.......................................................         6845
6695.......................................................         6855
6705.......................................................         6865
6535 \2\...................................................    \2\ 6575
------------------------------------------------------------------------
\1\ These frequencies may be assigned for unpaired use.
\2\ Available only for emergency restoration, maintenance bypass, or
  other temporary-fixed purposes. Such uses are authorized on a non-
  interference basis to other frequencies in this band. Interference
  analysis required by Sec.  101.105 does not apply to this frequency
  pair.

    (m) 10,550 to 10,680 MHz. 5 MHz authorized bandwidth.
    (1) 400 kHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
10605.225..................................................    10670.225
10605.625..................................................    10670.625
10606.050..................................................    10671.050
10606.450..................................................    10671.450
10606.875..................................................    10671.875
10607.275..................................................    10672.275
10607.725..................................................    10672.725
10608.125..................................................    10673.125
10608.550..................................................    10673.550
10608.950..................................................    10673.950
10609.375..................................................    10674.375
10609.775..................................................    10674.775
10610.225..................................................    10675.225
10610.625..................................................    10675.625
10611.050..................................................    10676.050

[[Page 696]]

 
10611.450..................................................    10676.450
10611.875..................................................    10676.875
10612.275..................................................    10677.275
10612.725..................................................    10677.725
10613.125..................................................    10678.125
10613.550..................................................    10678.550
10613.950..................................................    10678.950
10614.375..................................................    10679.375
10614.775..................................................    10679.775
------------------------------------------------------------------------

    (2) 800 kHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
10605.425..................................................    10670.425
10606.250..................................................    10671.250
10607.075..................................................    10672.075
10607.925..................................................    10672.925
10608.750..................................................    10673.750
10609.575..................................................    10674.575
10610.425..................................................    10675.425
10611.250..................................................    10676.250
10612.075..................................................    10677.075
10612.925..................................................    10677.925
10613.750..................................................    10678.750
10614.575..................................................    10679.575
------------------------------------------------------------------------

    (3) 1.25 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
10550.625..................................................    10615.625
10551.875..................................................    10616.875
10553.125..................................................    10618.125
10554.375..................................................    10619.375
10555.625..................................................    10620.625
10556.875..................................................    10621.875
10558.125..................................................    10623.125
10559.375..................................................    10624.375
10560.625..................................................    10625.625
10561.875..................................................    10626.875
10563.125..................................................    10628.125
10564.375..................................................    10629.375
10565.625..................................................    10630.625
10566.875..................................................    10631.875
10568.125..................................................    10633.125
10569.375..................................................    10634.375
10570.625..................................................    10635.625
10571.875..................................................    10636.875
10573.125..................................................    10638.125
10574.375..................................................    10639.375
10575.625..................................................    10640.625
10576.875..................................................    10641.875
10578.125..................................................    10643.125
10579.375..................................................    10644.375
10580.625..................................................    10645.625
10581.875..................................................    10646.875
10583.125..................................................    10648.125
10584.375..................................................    10649.375
10585.625..................................................    10650.625
10586.875..................................................    10651.875
10588.125..................................................    10653.125
10589.375..................................................    10654.375
10590.625..................................................    10655.625
10591.875..................................................    10656.875
10593.125..................................................    10658.125
10594.375..................................................    10659.375
10595.625..................................................    10660.625
10596.875..................................................    10661.875
10598.125..................................................    10663.125
10599.375..................................................    10664.375
10600.625..................................................    10665.625
10601.875..................................................    10666.875
10603.125..................................................    10668.125
10604.375..................................................    10669.375
10605.625..................................................    10670.625
10606.875..................................................    10671.875
10608.125..................................................    10673.125
10609.375..................................................    10674.375
10610.625..................................................    10675.625
10611.875..................................................    10676.875
10613.125..................................................    10678.125
10614.375..................................................    10679.375
------------------------------------------------------------------------

    (4) 2.5 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
10551.25...................................................     10616.25
10553.75...................................................     10618.75
10556.25...................................................     10621.25
10558.75...................................................     10623.75
10561.25...................................................     10626.25
10563.75...................................................     10628.75
10566.25...................................................     10631.25
10568.75...................................................     10633.75
10571.25...................................................     10636.25
10573.75...................................................     10638.75
10576.25...................................................     10641.25
10578.75...................................................     10643.75
10581.25 \1\...............................................  \1\ 10646.2
                                                                       5
10583.75 \1\...............................................  \1\ 10648.7
                                                                       5
10586.25 \1\...............................................  \1\ 10651.2
                                                                       5
10588.75 \1\...............................................  \1\ 10653.7
                                                                       5
10591.25 \1\...............................................  \1\ 10656.2
                                                                       5
10593.75 \1\...............................................  \1\ 10658.7
                                                                       5
10596.25 \1\...............................................  \1\ 10661.2
                                                                       5
10598.75 \1\...............................................  \1\ 10663.7
                                                                       5
10601.25 \1\...............................................  \1\ 10666.2
                                                                       5
10603.75 \1\...............................................  \1\ 10668.7
                                                                       5
10606.25 \1\...............................................  \1\ 10671.2
                                                                       5
10608.75 \1\...............................................  \1\ 10673.7
                                                                       5
10611.25 \1\...............................................  \1\ 10676.2
                                                                       5
10613.75 \1\...............................................  \1\ 10678.7
                                                                      5
------------------------------------------------------------------------
\1\ These frequencies are also available for DEMS stations licensed, in
  operation, or applied for prior to July 15, 1993.

    (5) 3.75 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
10553.125..................................................    10618.125
10558.125..................................................    10623.125
10563.125..................................................    10628.125
10568.125..................................................    10633.125
10573.125..................................................    10638.125
10578.125..................................................    10643.125
10583.125..................................................    10648.125
10588.125..................................................    10653.125
10593.125..................................................    10658.125
10598.125..................................................    10663.125
10603.125..................................................    10668.125
------------------------------------------------------------------------

    (6) 5 MHz bandwidth channels:

[[Page 697]]



------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
10552.5....................................................      10617.5
10557.5....................................................      10622.5
10562.5....................................................      10627.5
10567.5 \1\................................................  \1\ 10632.5
10572.5 \1\................................................  \1\ 10637.5
10577.5 \1\................................................  \1\ 10642.5
10582.5 \1\................................................  \1\ 10647.5
10587.5....................................................      10652.5
10592.5....................................................      10657.5
10597.5....................................................      10662.5
10602.5....................................................     10667.5
------------------------------------------------------------------------
\1\ These frequencies are also available for DEMS stations licensed, in
  operation, or applied for prior to July 15, 1993.

    (n) Point-to-multipoint systems licensed, in operation, or applied 
for in the 10,550-10,680 MHz band prior to July 15, 1993, are permitted 
to use the DEMS frequencies noted above if they prior coordinate such 
usage with the necessary parties including 10 GHz point-to-point 
applicants and licensees. DEMS Nodal Stations shall use the band 10,565-
10,615 MHz while DEMS User Stations shall use the band 10,630-10,680 
MHz.
    (o) 10,700 to 11,700 MHz. 40 MHz authorized bandwidth.
    (1) 1.25 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
11130.625..................................................    11620.625
11131.875..................................................    11621.875
11133.125..................................................    11623.125
11134.375..................................................    11624.375
11135.625..................................................    11625.625
11136.875..................................................    11626.875
11138.125..................................................    11628.125
11139.375..................................................    11629.375
11140.625..................................................    11630.625
11141.875..................................................    11631.875
11143.125..................................................    11633.125
11144.375..................................................    11634.375
11145.625..................................................    11635.625
11146.875..................................................    11636.875
11148.125..................................................    11638.125
11149.375..................................................    11639.375
11150.625..................................................    11640.625
11151.875..................................................    11641.875
11153.125..................................................    11643.125
11154.375..................................................    11644.375
11155.625..................................................    11645.625
11156.875..................................................    11646.875
11158.125..................................................    11648.125
11159.375..................................................    11649.375
11160.625..................................................    11650.625
11161.875..................................................    11651.875
11163.125..................................................    11653.125
11164.375..................................................    11654.375
11165.625..................................................    11655.625
11166.875..................................................    11656.875
11168.125..................................................    11658.125
11169.375..................................................    11659.375
11170.625..................................................    11660.625
11171.875..................................................    11661.875
11173.125..................................................    11663.125
11174.375..................................................    11664.375
11175.625..................................................    11665.625
11176.875..................................................    11666.875
11178.125..................................................    11668.125
11179.375..................................................    11669.375
11180.625..................................................    11680.625
11181.875..................................................    11681.875
11183.125..................................................    11683.125
11184.375..................................................    11684.375
11185.625..................................................    11685.625
11186.875..................................................    11686.875
11188.125..................................................    11688.125
11189.375..................................................    11689.375
11190.625..................................................    11690.625
11191.875..................................................    11691.875
11193.125..................................................    11693.125
11194.375..................................................    11694.375
11195.625..................................................    11695.625
11196.875..................................................    11696.875
11198.125..................................................    11698.125
11199.375..................................................    11699.375
------------------------------------------------------------------------

    (2) 2.5 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
11131.25...................................................     11621.25
11133.75...................................................     11623.75
11136.25...................................................     11626.25
11138.75...................................................     11628.75
11141.25...................................................     11631.25
11143.75...................................................     11633.75
11146.25...................................................     11636.25
11148.75...................................................     11638.75
11151.25...................................................     11641.25
11153.75...................................................     11643.75
11156.25...................................................     11646.25
11158.75...................................................     11648.75
11161.25...................................................     11651.25
11163.75...................................................     11653.75
11166.25...................................................     11656.25
11168.75...................................................     11658.75
11171.25...................................................     11661.25
11173.75...................................................     11663.75
11176.25...................................................     11666.25
11178.75...................................................     11668.75
11181.25...................................................     11681.25
11183.75...................................................     11683.75
11186.25...................................................     11686.25
11188.75...................................................     11688.75
11191.25...................................................     11691.25
11193.75...................................................     11693.75
11196.25...................................................     11696.25
11198.75...................................................     11698.75
------------------------------------------------------------------------

    (3) 3.75 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
11133.125..................................................    11623.125
11138.125..................................................    11628.125
11143.125..................................................    11633.125
11148.125..................................................    11638.125
11153.125..................................................    11643.125
11158.125..................................................    11648.125
11163.125..................................................    11653.125
11168.125..................................................    11658.125

[[Page 698]]

 
11173.125..................................................    11663.125
11178.125..................................................    11668.125
11183.125..................................................    11683.125
11188.125..................................................    11688.125
11193.125..................................................    11693.125
11198.125..................................................    11698.125
------------------------------------------------------------------------

    (4) 5 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
11132.5....................................................      11622.5
11137.5....................................................      11627.5
11142.5....................................................      11632.5
11147.5....................................................      11637.5
11152.5....................................................      11642.5
11157.5....................................................      11647.5
11162.5....................................................      11652.5
11167.5....................................................      11657.5
11172.5....................................................      11662.5
11177.5....................................................      11667.5
11182.5....................................................      11682.5
11187.5....................................................      11687.5
11192.5....................................................      11692.5
11197.5....................................................      11697.5
------------------------------------------------------------------------

    (5) 10 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
10705......................................................        11205
10715......................................................        11215
10725 \2\..................................................    \1\ 11675
10735......................................................        11225
10745......................................................        11235
10755......................................................        11245
10765......................................................        11255
10775......................................................        11265
10785......................................................        11275
10795......................................................        11285
10805......................................................        11295
10815......................................................        11305
10825......................................................        11315
10835......................................................        11325
10845......................................................        11335
10855......................................................        11345
10865......................................................        11355
10875......................................................        11365
10885......................................................        11375
10895......................................................        11385
10905......................................................        11395
10915......................................................        11405
10925......................................................        11415
10935......................................................        11425
10945......................................................        11435
10955......................................................        11445
10965......................................................        11455
10975......................................................        11465
10985......................................................        11475
10995......................................................        11485
11005......................................................        11495
11015......................................................        11505
11025......................................................        11515
11035......................................................        11525
11045......................................................        11535
11055......................................................        11545
11065......................................................        11555
11075......................................................        11565
11085......................................................        11575
11095......................................................        11585
11105......................................................        11595
11115......................................................        11605
11125......................................................        11615
11135 \1\..................................................    \1\ 11625
11145 \1\..................................................    \1\ 11635
11155 \1\..................................................    \1\ 11645
11165 \1\..................................................    \1\ 11655
11175 \1\..................................................    \1\ 11665
11185 \1\..................................................    \1\ 11685
11195 \1\..................................................    \1\ 11695
------------------------------------------------------------------------
\1\ Alternate channels. These channels are set aside for narrow
  bandwidth systems and should be used only if all other channels are
  blocked.
\2\ These frequencies may be assigned for unpaired use.

    (6) 30 MHz bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
10715......................................................        11215
10755......................................................        11245
10795......................................................        11285
10835......................................................        11325
10875......................................................        11365
10915......................................................        11405
10955......................................................        11445
10995......................................................        11485
11035......................................................        11525
11075......................................................        11565
11115......................................................        11605
11155 \1\..................................................    \1\ 11645
11185 \1\..................................................   \1\ 11685
------------------------------------------------------------------------
\1\ Alternate channels. These channels are set aside for narrow
  bandwidth systems and should be used only if all other channels are
  blocked.

    (7) 40 MHz bandwidth channels:\2\

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
10735......................................................        11225
10775......................................................        11265
10815......................................................        11305
10855......................................................        11345
10895......................................................        11385
10935......................................................        11425
10975......................................................        11465
11015......................................................        11505
11055......................................................        11545
11095......................................................        11585
11135 \1\..................................................    \1\ 11625
11175 \1\..................................................   \1\ 11665
------------------------------------------------------------------------
\1\ Alternate channels. These channels are set aside for narrow
  bandwidth systems and should be used only if all other channels are
  blocked.
\2\ In congested areas where 40 MHz channels block most 30 MHz channels,
  radios authorized for 30 MHz bandwidths may use the 40 MHz channels.
  In uncongested areas, 30 MHz channels should be used.

    (p) 12,000-12700 MHz. The Commission has allocated the 12.2-12.7 GHz 
band for use by the broadcasting-satellite service. Private operational 
fixed point-to-point microwave stations authorized after September 9, 
1983, will be licensed

[[Page 699]]

on a noninterference basis and are required to make any and all 
adjustments necessary to prevent interference to operating domestic 
broadcasting-satellite systems. Notwithstanding any other provisions, no 
private operational fixed point-to-point microwave stations are 
permitted to cause interference to broadcasting-satellite stations of 
other countries operating in accordance with the Region 2 plan for the 
broadcasting-satellite service established at the 1983 WARC.
    (q) Special provisions for low power, limited coverage systems in 
the band segments 12.2 12.7 GHz. Notwithstanding any contrary provisions 
in this part the frequency pairs 12.220/12.460 GHz, 12.260/12.500 GHz, 
12.300/12.540 GHz and 12.340/12.580 GHz may be authorized for low power, 
limited coverage systems subject to the following provisions:
    (1) Maximum equivalent isotropically radiated power (EIRP) shall be 
55 dBm;
    (2) The rated transmitter output power shall not exceed 0.500 watts;
    (3) Frequency tolerance shall be maintained to within 0.01 percent 
of the assigned frequency;
    (4) Maximum beamwidth not to exceed 4 degrees. However, the sidelobe 
suppression criteria contained in Sec. 101.115 of this part shall not 
apply, except that a minimum front-to-back ratio of 38 dB shall apply;
    (5) Upon showing of need, a maximum bandwidth of 12 MHz may be 
authorized per frequency assigned;
    (6) Radio systems authorized under the provisions of this section 
shall have no more than three hops in tandem, except upon showing of 
need, but in any event the maximum tandem length shall not exceed 40 km 
(25 miles);
    (7) Interfering signals at the receiver antenna terminals of 
stations authorized under this section shall not exceed -90 dBm and -70 
dBm respectively, for co-channel and adjacent channel interfering 
signals, and
    (8) Stations authorized under the provisions of this section shall 
provide the protection from interference specified in Sec. 101.105 to 
stations operating in accordance with the provisions of this part.
    (r) 17,700 to 19,700 and 24,250 to 25,250 MHz. Applicants may use 
either a two-way link or one frequency of a frequency pair for a one-way 
link and must coordinate proposed operations pursuant to the procedures 
required in Sec. 101.103. (Note, however, that stations authorized as of 
September 9, 1983, to use frequencies in the band 17.7-19.7 GHz may, 
upon proper application, continue to be authorized for such operations.)
    (1) 2 MHz maximum authorized bandwidth channel:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
18141.0....................................................          N/A
------------------------------------------------------------------------

    (2) 5 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
                           340 MHz Separation
------------------------------------------------------------------------
18762.5....................................................      19102.5
18767.5....................................................      19107.5
18772.5....................................................      19112.5
18777.5....................................................      19117.5
18782.5....................................................      19122.5
18787.5....................................................      19127.5
18792.5....................................................      19132.5
18797.5....................................................      19137.5
18802.5....................................................      19142.5
18807.5....................................................      19147.5
18812.5....................................................      19152.5
18817.5....................................................      19157.5
------------------------------------------------------------------------

    (3) 6 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
                           216 MHz Separation
------------------------------------------------------------------------
18145.0....................................................          N/A
18151.0....................................................      18367.0
18157.0....................................................      18373.0
18163.0....................................................      18379.0
18169.0....................................................      18385.0
18175.0....................................................      18391.0
18181.0....................................................      18397.0
18187.0....................................................      18403.0
18193.0....................................................      18409.0
18199.0....................................................      18415.0
18205.0....................................................      18421.0
18211.0....................................................      18427.0
18217.0....................................................      18433.0
18223.0....................................................      18439.0
18229.0....................................................      18445.0
18235.0....................................................      18451.0
18241.0....................................................      18457.0
18247.0....................................................      18463.0
18253.0....................................................      18469.0
18259.0....................................................      18475.0

[[Page 700]]

 
18265.0....................................................      18481.0
18271.0....................................................      18487.0
18277.0....................................................      18493.0
18283.0....................................................      18499.0
18289.0....................................................      18505.0
18295.0....................................................      18511.0
18301.0....................................................      18517.0
18307.0....................................................      18523.0
18313.0....................................................      18529.0
18319.0....................................................      18535.0
18325.0....................................................      18541.0
18331.0....................................................      18547.0
18337.0....................................................      18533.0
18343.0....................................................      18559.0
18349.0....................................................      18565.0
18355.0....................................................      18571.0
18361.0....................................................      18577.0
------------------------------------------------------------------------

    (4) 10 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
                           1560 MHz Separation
------------------------------------------------------------------------
17705.0....................................................      19265.0
17715.0....................................................      19275.0
17725.0....................................................      19285.0
17735.0....................................................      19295.0
17745.0....................................................      19305.0
17755.0....................................................      19315.0
17765.0....................................................      19325.0
17775.0....................................................      19335.0
17785.0....................................................      19345.0
17795.0....................................................      19355.0
17805.0....................................................      19365.0
17815.0....................................................      19375.0
17825.0....................................................      19385.0
17835.0....................................................      19395.0
17845.0....................................................      19405.0
17855.0....................................................      19415.0
17865.0....................................................      19425.0
17875.0....................................................      19435.0
17885.0....................................................      19445.0
17895.0....................................................      19455.0
17905.0....................................................      19465.0
17915.0....................................................      19475.0
17925.0....................................................      19485.0
17935.0....................................................      19495.0
17945.0....................................................      19505.0
17955.0....................................................      19515.0
17965.0....................................................      19525.0
17975.0....................................................      19535.0
17985.0....................................................      19545.0
17995.0....................................................      19555.0
18005.0....................................................      18565.0
18015.0....................................................      19575.0
18025.0....................................................      19585.0
18035.0....................................................      19595.0
18045.0....................................................      19605.0
18055.0....................................................      19615.0
18065.0....................................................      19625.0
18075.0....................................................      19635.0
18085.0....................................................      19645.0
18095.0....................................................      19655.0
18105.0....................................................      19665.0
18115.0....................................................      19675.0
18125.0....................................................      19685.0
18135.0....................................................      19695.0
------------------------------------------------------------------------
                           340 MHz Separation
------------------------------------------------------------------------
18585.0....................................................      18925.0
18595.0....................................................      18935.0
18605.0....................................................      18945.0
18615.0....................................................      18955.0
18625.0....................................................      18965.0
18635.0....................................................      18975.0
18645.0....................................................      18985.0
18655.0....................................................      18995.0
18665.0....................................................      19005.0
18675.0....................................................      19015.0
18685.0....................................................      19025.0
18695.0....................................................      19035.0
18705.0....................................................      19045.0
18715.0....................................................      19055.0
18725.0....................................................      19065.0
18735.0....................................................      19075.0
18745.0....................................................      19085.0
18755.0....................................................      19095.0
18765.0....................................................      19105.0
18775.0....................................................      19115.0
18785.0....................................................      19125.0
18795.0....................................................      19135.0
18805.0....................................................      19145.0
18815.0....................................................      19155.0
------------------------------------------------------------------------

    (5) 20 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
                           1560 MHz Separation
------------------------------------------------------------------------
17710.0....................................................      19270.0
17730.0....................................................      19290.0
17750.0....................................................      19310.0
17770.0....................................................      19330.0
17790.0....................................................      19350.0
17810.0....................................................      19370.0
17830.0....................................................      19390.0
17850.0....................................................      19410.0
17870.0....................................................      19430.0
17890.0....................................................      19450.0
17910.0....................................................      19470.0
17930.0....................................................      19490.0
17950.0....................................................      19510.0
17970.0....................................................      19530.0
17990.0....................................................      19550.0
18010.0....................................................      19570.0
18030.0....................................................      19590.0
18050.0....................................................      19610.0
18070.0....................................................      19630.0
18090.0....................................................      19650.0
18110.0....................................................      19670.0
18130.0....................................................      19690.0
18590.0....................................................      18930.0
------------------------------------------------------------------------
                           340 MHz Separation
------------------------------------------------------------------------
18610.0....................................................      18950.0
18630.0....................................................      18970.0
18650.0....................................................      18990.0
18670.0....................................................      19010.0
18690.0....................................................      19030.0
18710.0....................................................      19050.0
18730.0....................................................      19070.0
18750.0....................................................      19090.0
18770.0....................................................      19110.0
18790.0....................................................      19130.0

[[Page 701]]

 
18810.0....................................................      19150.0
------------------------------------------------------------------------

    (6) 40 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
                           1560 MHz Separation
------------------------------------------------------------------------
17720.0....................................................      19280.0
17760.0....................................................      19320.0
17800.0....................................................      19360.0
17840.0....................................................      19400.0
17880.0....................................................      19440.0
17920.0....................................................      19480.0
17960.0....................................................      19520.0
18000.0....................................................      19560.0
18040.0....................................................      19600.0
18080.0....................................................      19640.0
18120.0....................................................      19680.0
------------------------------------------------------------------------

    (7) 80 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
                           1560 MHz Separation
------------------------------------------------------------------------
17740.0....................................................      19300.0
17820.0....................................................      19380.0
17900.0....................................................      19460.0
17980.0....................................................      19540.0
18060.0....................................................      19620.0
------------------------------------------------------------------------

    (8) 220 MHz maximum authorized bandwidth channels:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
17810.0....................................................      18470.0
18030.0....................................................      19370.0
18250.0....................................................      19590.0
------------------------------------------------------------------------

    (9) The following frequencies are available for point-to-multipoint 
DEMS Systems, except that channels 35-39 are available only to existing 
18 GHz DEMS licensees as of March 14, 1997. Systems operating on 
Channels 25-34 must cease operations as of January 1, 2001, except that 
those stations on these channels within 150 km of the coordinates 
38 deg.48' N/76 deg.52' W (Washington, DC, area) and 39 deg.43' N/
104 deg.46' W (Denver, Colorado, area) must cease operations as of June 
5, 1997:

------------------------------------------------------------------------
                                          Nodal station    User station
              Channel No.                frequency band   frequency band
                                          (MHz) limits     (MHz) limits
------------------------------------------------------------------------
25....................................    18,820-18,830    19,160-19,170
26....................................    18,830-18,840    19,170-19,180
27....................................    18,840-18,850    19,180-19,190
28....................................    18,850-18,860    19,190-19,200
29....................................    18,860-18,870    19,200-19,210
30....................................    18,870-18,880    19,210-19,220
31....................................    18,880-18,890    19,220-19,230
32....................................    18,890-18,900    19,230-19,240
33....................................    18,900-18,910    19,240-19,250
34....................................    18,910-18,920    19,250-19,260
35....................................    24,250-24,290    25,050-25,090
36....................................    24,290-24,330    25,090-25,130
37....................................    24,330-24,370    25,130-25,170
38....................................    24,370-24,410    25,170-25,210
39....................................    24,410-24,450    25,210-25,250
------------------------------------------------------------------------

    (i) Each station will be limited to one frequency pair per SMSA. 
Additional channel pairs may be assigned upon a showing that the service 
to be provided will fully utilize the spectrum requested. A channel pair 
may be subdivided as desired by the licensee.
    (ii) A frequency pair may be assigned to more than one licensee in 
the same SMSA or service area so long as the interference protection 
criteria of Sec. 101.105 are met.
    (10) Special provision for low power systems in the 17,700-19,700 
MHz band: Notwithstanding other provisions in this rule part and except 
for specified areas around Washington, DC, and Denver, Colorado, 
licensees of point-to-multipoint channel pairs 25-29 identified in 
paragraph (r)(9) of this section may operate multiple low power 
transmitting devices within a defined service area. New operations are 
prohibited within 55 km when used outdoor and within 20 km when used 
indoor of the coordinates 38 deg.48' N/76 deg.52' W and 39 deg.43' N/
104 deg.46' W. The service area will be a 28 kilometer omnidirectional 
radius originating from specified center reference coordinates. The 
specified center coordinates must be no closer than 56 kilometers from 
any co-channel nodal station or the specified center coordinates of 
another co-channel system. Applicants/licensees do not need to specify 
the location of each individual transmitting device operating within 
their defined service areas. Such operations are subject to the 
following requirements on the low power transmitting devices:
    (i) Power must not exceed one watt EIRP and 100 milliwatts 
transmitter output power,

[[Page 702]]

    (ii) A frequency tolerance of 0.001% must be maintained; and
    (iii) The mean power of emissions shall be attenuated in accordance 
with the following schedule:
    (A) In any 4 kHz band, the center frequency of which is removed from 
the center frequency of the assigned channel by more than 50 percent of 
the channel bandwidth and is within the bands 18,820-18870 MHz or 
19,19160-19,210 MHz:

A=35+.003(F-0.5B) dB

or,

80 dB (whichever is the lesser attenuation).

Where
A = Attenuation (in decibels) below output power level contained within 
the channel for a given polarization.
B = Bandwidth of channel in kHz.
F = Absolute value of the difference between the center frequency of the 
4 kHz band measured at the center frequency of the channel in kHz.

    (B) In any 4 kHz band the center frequency of which is outside the 
bands 18.820-18.870 GHz: At least 43+10log10(mean output 
power in watts) decibels.
    (s) Special provisions for low power, limited coverage systems in 
the band segments 21.8-22.0 GHz and 23.0-23.2 GHz. Notwithstanding any 
contrary provisions in this part the frequency pairs 21.825/23.025 GHz, 
21.875/23.075 GHz, 21.925/23.125 GHz and 21.975/23.175 GHz may be 
authorized for low power, limited coverage systems subject to the 
following provisions:
    (1) Maximum effective radiated power (ERP) shall be 55 dBm;
    (2) The rated transmitter output power shall not exceed 0.100 watts;
    (3) Frequency tolerance shall be maintained to within 0.05 percent 
of the assigned frequency;
    (4) Maximum beamwidth not to exceed 4 degrees. However, the sidelobe 
suppression criteria contained in Sec. 101.115 shall not apply, except 
that a minimum front-to-back ratio of 38 dB shall apply;
    (5) Upon showing of need, a maximum bandwidth of 50 MHz may be 
authorized per frequency assigned;
    (6) Radio systems authorized under the provisions of this section 
shall have no more than five hops in tandem, except upon showing of 
need, but in any event the maximum tandem length shall not exceed 40 km 
(25 miles);
    (7) Interfering signals at the antenna terminals of stations 
authorized under this section shall not exceed -90 dBm and -70 dBm 
respectively, for co-channel and adjacent channel interfering signals; 
and
    (8) Stations authorized under the provisions of this section shall 
provide the protection from interference specified in Sec. 101.105 to 
stations operating in accordance with the provisions of this part.
    (t) 27,500-28,350; 29,100-29,250; 31,000-31,300 MHz. These 
frequencies are available for LMDS systems. Each assignment will be made 
on a BTA service area basis, and the assigned spectrum may be subdivided 
as desired by the licensee.
    (u) 31,000-31,300 MHz. Stations licensed in this band prior to March 
11, 1997, may continue their authorized operations, subject to license 
renewal, on the condition that harmful interference will not be caused 
to LMDS operations licensed in this band after June 30, 1997. Non-LMDS 
stations licensed after March 11, 1997, based on applications refiled no 
later than June 26, 1998 are unprotected and subject to harmful 
interference from each other and from stations licensed prior to March 
11, 1997, and are licensed on a secondary basis to LMDS. In the sub-
bands 31,000-31,075 MHz and 31,225-31,300 MHz, stations initially 
licensed prior to March 11, 1997, except in LTTS, and LMDS operations 
authorized after June 30, 1997, are equally protected against harmful 
interference from each other in accordance with the provisions of 
Sec. 101.103(b). For stations, except in LTTS, permitted to relocate to 
these sub-bands, the following paired frequencies are available:

------------------------------------------------------------------------
                                                               Receive
                  Transmit (receive) (MHz)                    (transmit)
                                                                (MHz)
------------------------------------------------------------------------
                (1) 25 MHz Authorized Bandwidth Channels
 
31,012.5...................................................     31,237.5
31,037.5...................................................     31,262.5
31,062.5...................................................     31,287.5
 
                 (2) 75 MHz Authorized Bandwidth Channel
 
31,037.5...................................................     31,275.0
------------------------------------------------------------------------


[[Page 703]]

    Note to (u): These channels are assigned for use within a 
rectangular service area to be described in the application by the 
maximum and minimum latitudes and longitudes. Such service area must be 
as small as practical consistent with the local service requirements of 
the carrier. These frequency plans may be subdivided as desired by the 
licensee and used within the service area as desired without further 
authorization subject to the terms and conditions set forth in 
Sec. 101.149. These frequencies may be assigned only where it is shown 
that the applicant will have reasonable projected requirements for a 
multiplicity of service points or transmission paths within the area.

    (v)(1) Assignments in the band 38,600-40,000 MHz must be according 
to the following frequency plan:

----------------------------------------------------------------------------------------------------------------
                     Channel group A                                          Channel group B
----------------------------------------------------------------------------------------------------------------
                                         Frequency band                                          Frequency band
              Channel No.                 limits (MHz)                 Channel No.                limits (MHz)
----------------------------------------------------------------------------------------------------------------
1-A...................................     38,600-38,650  1-B                                      39,300-39,350
2-A...................................     38,650-38,000  2-B                                      39,350-39,400
3-A...................................     38,700-38,750  3-B                                      39,400-39,450
4-A...................................     38,750-38,800  4-B                                      39,450-39,500
5-A...................................     38,800-38,850  5-B                                      39,500-39,550
6-A...................................     38,350-38,900  6-B                                      39,550-39,600
7-A...................................     38,900-38,950  7-B                                      39,600-39,650
8-A...................................     38,950-39,000  8-B                                      39,650-39,700
9-A...................................     39,000-39,050  9-B                                      39,700-39,750
10-A..................................     39,050-39,100  10-B                                     39,750-39,800
11-A..................................     39,100-39,150  11-B                                     39,800-39,850
12-A..................................     39,150-39,200  12-B                                     39,850-39,900
13-A..................................     39,200-39,250  13-B                                     39,900-39,950
14-A..................................     39,250-39,300  14-B                                     39,950-40,000
----------------------------------------------------------------------------------------------------------------

    (2) Channel Blocks 1 through 14 are assigned for use within Basic 
Trading Areas (BTAs). Applicants are to apprise themselves of any 
grandfathered links within the BTA for which they seek a license. All of 
the channel blocks may be subdivided as desired by the licensee and used 
within its service area as desired without further authorization subject 
to the terms and conditions set forth in Sec. 101.149.
    (w) Fixed systems licensed, in operation, or applied for in the 
3,700-4,200, 5925-6425, 6,525-6,875, 10,550-10,680, and 10,700-11,700 
MHz bands prior to July 15, 1993, are permitted to use channel plans in 
effect prior to that date, including adding channels under those plans.
    (x) Operations on other than the listed frequencies may be 
authorized where it is shown that the objectives or requirements of the 
interference criteria prescribed in Sec. 101.105 could not otherwise be 
met to resolve the interference problems.
    (y) Special requirements for operations in the band 29.1-29.25 GHz. 
(1)(i) LMDS receive stations operating on frequencies in the 29.1-29.25 
GHz band within a radius of 75 nautical miles of the geographic 
coordinates provided by a non-GSO MSS licensee pursuant to paragraphs 
(c)(2) or (c)(3)(i) of this section (the ``feeder link earth station 
complex protection zone'') shall accept any interference caused to them 
by such earth station complexes and shall not claim protection from such 
earth station complexes.
    (ii) LMDS licensees operating on frequencies in the 29.1-29.25 GHz 
band outside a feeder link earth station complex protection zone shall 
cooperate fully and make reasonable efforts to resolve technical 
problems with the non-GSO MSS licensee to the extent that transmissions 
from the non-GSO MSS operator's feeder link earth station complex 
interfere with an LMDS receive station.
    (2) No more than 15 days after the release of a public notice 
announcing the commencement of LMDS auctions, feeder link earth station 
complexes to be licensed pursuant to Section 25.257 shall be specified 
by a set of geographic coordinates in accordance with the following 
requirements: no feeder link earth station complex may be located in the 
top eight (8) metropolitan statistical areas (``MSAs''), ranked by 
population, as defined by the Office of Management and Budget as of June 
1993,

[[Page 704]]

using estimated populations as of December 1992; two (2) complexes may 
be located in MSAs 9 through 25, one of which must be Phoenix, AZ (for a 
complex at Chandler, AZ); two (2) complexes may be located in MSAs 26 to 
50; three (3) complexes may be located in MSAs 51 to 100, one of which 
must be Honolulu, Hawaii (for a complex at Waimea); and the three (3) 
remaining complexes must be located at least 75 nautical miles from the 
borders of the 100 largest MSAs or in any MSA not included in the 100 
largest MSAs. Any location allotted for one range of MSAs may be taken 
from an MSA below that range.
    (3)(i) Any non-GSO MSS licensee may at any time specify sets of 
geographic coordinates for feeder link earth station complexes with each 
earth station contained therein to be located at least 75 nautical miles 
from the borders of the 100 largest MSAs.
    (ii) For purposes of paragraph (c)(3)(i) of this section, non-GSO 
MSS feeder link earth station complexes shall be entitled to 
accommodation only if the affected non-GSO MSS licensee preapplies to 
the Commission for a feeder link earth station complex or certifies to 
the Commission within sixty days of receiving a copy of an LMDS 
application that it intends to file an application for a feeder link 
earth station complex within six months of the date of receipt of the 
LMDS application.
    (iii) If said non-GSO MSS licensee application is filed later than 
six months after certification to the Commission, the LMDS and non-GSO 
MSS entities shall still cooperate fully and make reasonable efforts to 
resolve technical problems, but the LMDS licensee shall not be obligated 
to re-engineer its proposal or make changes to its system.
    (4) LMDS licensees or applicants proposing to operate hub stations 
on frequencies in the 29.1-29.25 GHz band at locations outside of the 
100 largest MSAs or within a distance of 150 nautical miles from a set 
of geographic coordinates specified under paragraph (c)(2) or (c)(3)(i) 
of this section shall serve copies of their applications on all non-GSO 
MSS applicants, permitees or licensees meeting the criteria specified in 
Sec. 25.257(a). Non-GSO MSS licensees or applicants shall serve copies 
of their feeder link earth station applications, after the LMDS auction, 
on any LMDS applicant or licensee within a distance of 150 nautical 
miles from the geographic coordinates that it specified under paragraph 
(c)(2) or (c)(3)(i) of this section. Any necessary coordination shall 
commence upon notification by the party receiving an application to the 
party who filed the application. The results of any such coordination 
shall be reported to the Commission within sixty days. The non-GSO MSS 
earth station licensee shall also provide all such LMDS licensees with a 
copy of its channel plan.

[61 FR 26677, May 28, 1996, as amended at 61 FR 29695, June 12, 1996; 61 
FR 44183, Aug. 28, 1996; 62 FR 18936, Apr. 17, 1997; 62 FR 23168, Apr. 
29, 1997; 62 FR 24583, May 6, 1997; 63 FR 6105, Feb. 6, 1998; 63 FR 
9448, Feb. 25, 1998; 63 FR 14039, Mar. 24, 1998]



Sec. 101.149  Special requirements for operation in the band 38,600-40,000 MHz

    Assigned frequency channels in the band 38,600-40,000 MHz may be 
subdivided and used anywhere in the authorized service area, subject to 
the following terms and conditions:
    (a) No interference may be caused to a previously existing station 
operating in another authorized service area;
    (b) Each operating station must have posted a copy of the service 
area authorization; and
    (c) The antenna structure height employed at any location may not 
exceed the criteria set forth in Sec. 17.7 of this chapter unless, in 
each instance, authorization for use of a specific maximum antenna 
structure for each location has been obtained from the FAA prior to the 
erection of the antenna.



Sec. 101.151  Use of signal boosters.

    Private operational-fixed licensees authorized to operate multiple 
address systems in the 928-929/952-960 MHz and 932-932.5/941-941.5 MHz 
bands may employ signal boosters at fixed locations in accordance with 
the following criteria:
    (a) The amplified signal is retransmitted only on the exact 
frequency(ies) of the originating base, fixed, mobile, or portable 
station(s).

[[Page 705]]

The booster will fill in only weak signal areas and cannot extend the 
system's normal signal coverage area.
    (b) Class A narrowband signal boosters must be equipped with 
automatic gain control circuitry which will limit the total effective 
radiated power (ERP) of the unit to a maximum of 5 watts under all 
conditions. Class B broadband signal boosters are limited to 5 watts ERP 
for each authorized frequency that the booster is designed to amplify.
    (c) Class A narrowband boosters must meet the out-of-band emission 
limits of Sec. 101.111 for each narrowband channel that the booster is 
designed to amplify. Class B broadband signal boosters must meet the 
emission limits of Sec. 101.111 for frequencies outside of the booster's 
design passband.
    (d) Class B broadband signal boosters are permitted to be used only 
in confined or indoor areas such as buildings, tunnels, underground 
areas, etc., or remote areas, i.e., areas where there is little or no 
risk of interference to other users.
    (e) The licensee is given authority to operate signal boosters 
without separate authorization from the Commission. Certificated 
equipment must be employed and the licensee must ensure that all 
applicable rule requirements are met.
    (f) Licensees employing either Class A narrowband or Class B 
broadband signal boosters as defined in Sec. 101.3 are responsible for 
correcting any harmful interference that the equipment may cause to 
other systems.

[61 FR 31052, June 19, 1996, as amended at 63 FR 36611, July 7, 1998]

    Effective Date Note:  At 63 FR 36611, July 7, 1998, Sec. 101.151, 
paragraph (e) was amended by removing the term ``Type-accepted'' and 
adding in its place ``Certificated'', effective Oct. 5, 1998.



                   Subpart D--Operational Requirements



Sec. 101.201  Station inspection.

    The licensee of each station authorized in the radio services 
included in this part must make the station available for inspection by 
representatives of the Commission at any reasonable hour.



Sec. 101.203  Communications concerning safety of life and property.

    (a) Handling and transmission of messages concerning the safety of 
life or property which is in imminent danger must be afforded priority 
over other messages.
    (b) No person may knowingly cause to be transmitted any false or 
fraudulent message concerning the safety of life or property, or refuse 
upon demand immediately to relinquish the use of a radio circuit to 
enable the transmission of messages concerning the safety of life or 
property which is in imminent danger, or knowingly interfere or 
otherwise obstruct the transmission of such messages.



Sec. 101.205  Operation during emergency.

    The licensee of any station in these services may, during a period 
of emergency in which normal communication facilities are disrupted as a 
result of hurricane, flood, earthquake, or similar disaster, utilize 
such station for emergency communication service in a manner other than 
that specified in the instrument of authorization: Provided:
    (a) That as soon as possible after the beginning of such emergency 
use, notice be sent to the Commission at Washington, DC stating the 
nature of the emergency and the use to which the station is being put;
    (b) That the emergency use of the station must be discontinued as 
soon as substantially normal communication facilities are again 
available;
    (c) That the Commission at Washington, DC must be notified 
immediately when such special use of the station is terminated;
    (d) That, in no event, will any station engage in emergency 
transmission on frequencies other than, or with power in excess of, that 
specified in the instrument of authorization or as otherwise expressly 
provided by the Commission, or by law; and
    (e) That the Commission may, at any time, order the discontinuance 
of any such emergency communication.

[[Page 706]]



Sec. 101.207  Suspension of transmission.

    Transmission must be suspended immediately upon detection by the 
station or operator licensee or upon notification by the Commission of a 
deviation from the technical requirements of the station authorization 
and must remain suspended until such deviation is corrected, except for 
transmission concerning the immediate safety of life or property, in 
which case transmission must be suspended immediately after the 
emergency is terminated.



Sec. 101.209  Operation of stations at temporary fixed locations for communication between the United States and Canada or Mexico.

    Stations authorized to operate at temporary fixed locations may not 
be used for transmissions between the United States and Canada, or the 
United States and Mexico, without prior specific notification to, and 
authorization from, the Commission. Notification of such intended usage 
of the facilities should include a detailed showing of the operation 
proposed, including the parties involved, the nature of the 
communications to be handled, the terms and conditions of such 
operations, the time and place of operation, such other matters as the 
applicant deems relevant, and a showing as to how the public interest, 
convenience and necessity would be served by the proposed operation. 
Such notification should be given sufficiently in advance of the 
proposed date of operation to permit any appropriate correlation with 
the respective foreign government involved (see Secs. 101.31, 101.811, 
101.813, and 101.815).



Sec. 101.211  Operator requirements.

    (a) Any person, with the consent or authorization of the licensee, 
may employ stations in this service for the purpose of 
telecommunications in accordance with the conditions and limitations set 
forth in Sec. 101.135.
    (b) The station licensee is responsible for the proper operation of 
the station at all times and is expected to provide for observations, 
servicing and maintenance as often as may be necessary to ensure proper 
operation.
    (c) The provisions of paragraph (a) of this section may not be 
construed to change or diminish in any respect the responsibility of 
station licensees to have and to maintain control over the stations 
licensed to them (including all transmitter units thereof), or for the 
proper functioning and operation of those stations (including all 
transmitter units thereof) in accordance with the terms of the licenses 
of those stations.



Sec. 101.213  Station identification.

    Stations in these services are exempt from the requirement to 
identify transmissions by call sign or any other station identifier.



Sec. 101.215  Posting of station authorization and transmitter identification cards, plates, or signs.

    (a) Each licensee shall post at the station the name, address and 
telephone number of the custodian of the station license or other 
authorization if such license or authorization is not maintained at the 
station.
    (b) The requirements in paragraph (a) of this section do not apply 
to remote stations using frequencies listed in Sec. 101.147(b).



Sec. 101.217  Station records.

    Each licensee of a station subject to this part shall maintain 
records in accordance with the following:
    (a) For all stations, the results and dates of transmitter 
measurements and the name of the person or persons making the 
measurements;
    (b) For all stations, when service or maintenance duties are 
performed, which may affect their proper operation, the responsible 
operator shall sign and date an entry in the station record concerned, 
giving:
    (1) Pertinent details of all transmitter adjustments performed by 
him or under his supervision; and
    (2) His name and address, provided that this information, so long as 
it remains unchanged, is not required to be repeated in the case of a 
person who is regularly employed as operator on a full-time basis at the 
station.
    (c) The records shall be kept in an orderly manner, and in such 
detail that the data required are readily available. Key letters or 
abbreviations may be

[[Page 707]]

used if proper meaning or explanation is set forth in the record.
    (d) Each entry in the records of each station shall be signed by a 
person qualified to do so, having actual knowledge of the facts to be 
recorded.
    (e) No record or portion thereof shall be erased, obliterated, or 
willfully destroyed within the required retention period. Any necessary 
correction may be made only by the person originating the entry, who 
shall strike out the erroneous portion, initial the correction made and 
indicate the date of correction.
    (f) Records required by this part shall be retained by the licensee 
for a period of at least one year.



           Subpart E--Miscellaneous Common Carrier Provisions



Sec. 101.301  National defense; free service.

    Any common carrier authorized under the rules of this part may 
render to any agency of the United States Government free service in 
connection with the preparation for the national defense. Every such 
carrier rendering any such free service must make and file, in 
duplicate, with the Commission, on or before the 31st of July and on or 
before the 31st day of January in each year, reports covering the 
periods of 6 months ending on the 30th of June and the 31st of December, 
respectively, next prior to said dates. These reports must show the 
names of the agencies to which free service was rendered pursuant to 
this rule, the general character of the communications handled for each 
agency, and the charges in dollars which would have accrued to the 
carrier for such service rendered to each agency if charges for such 
communications had been collected at the published tariff rates.



Sec. 101.303  Answers to notices of violation.

    Any person receiving official notice of a violation of the terms of 
the Communications Act of 1934, as amended, any other Federal statute or 
Executive Order pertaining to radio or wire communications or any 
international radio or wire communications treaty or convention, or 
regulations annexed thereto to which the United States is a party, or 
the rules and regulations of the Federal Communications Commission, 
must, within 10 days from such receipt, send a written answer to the 
office of the Commission originating the official notice. If an answer 
cannot be sent or an acknowledgment made within such 10-day period by 
reason of illness or other unavoidable circumstances, acknowledgment and 
answer must be made at the earliest practicable date with a satisfactory 
explanation of the delay. The answer to each notice must be complete in 
itself and may not be abbreviated by reference to other communications 
or answers to other notices. If the notice relates to some violation 
that may be due to the physical or electrical characteristics of 
transmitting apparatus, the answer must state fully what steps have been 
taken to prevent future violations, and, if any new apparatus is to be 
installed, the date such apparatus was ordered, the name of the 
manufacturer, and promised date of delivery. If the installation of such 
apparatus requires a construction permit, the file number of the 
application must be given or, if a file number has not been assigned by 
the Commission, such identification as will permit ready reference 
thereto. If the notice of violation relates to inadequate maintenance 
resulting in improper operation of the transmitter, the name and license 
number of the operator performing the maintenance must be given. If the 
notice of violation relates to some lack of attention to, or improper 
operation of, the transmitter by other employees, the reply must 
enumerate the steps taken to prevent a recurrence of such lack of 
attention or improper operation.



Sec. 101.305  Discontinuance, reduction or impairment of service.

    (a) If the public communication service provided by a station in the 
Common Carrier Radio Services and the Local Multipoint Distribution 
Service is involuntarily discontinued, reduced or impaired for a period 
exceeding 48 hours, the station licensee must promptly notify the 
Commission, in writing, at Federal Communications Commission, Common 
Carrier Radio

[[Page 708]]

Services, 1270 Fairfield Road, Gettysburg, Pennsylvania 17325. In every 
such case, the licensee must furnish full particulars as to the reasons 
for such discontinuance, reduction or impairment of service, including a 
statement as to when normal service is expected to be resumed. When 
normal service is resumed, prompt notification thereof must be given in 
writing to the Federal Communications Commission, Common Carrier Radio 
Services, 1270 Fairfield Road, Gettysburg, Pennsylvania, 17325.
    (b) No station licensee subject to title II of the Communications 
Act of 1934, as amended, may voluntarily discontinue, reduce or impair 
public communication service to a community or part of a community 
without obtaining prior authorization from the Commission pursuant to 
the procedures set forth in part 63 of this chapter. In the event that 
permanent discontinuance of service is authorized by the Commission, the 
station licensee must promptly send the station license to the Federal 
Communications Commission, Common Carrier Radio Services, 1270 Fairfield 
Road, Gettysburg, Pennsylvania 17325 for cancellation; except that 
station licensees in the Local Multipoint Distribution Service need not 
surrender the license for cancellation if the discontinuance is a result 
of a change of status by the licensee from common carrier to non-common 
carrier pursuant to Sec. 101.61.
    (c) Any licensee not subject to title II of the Communications Act 
of 1934, as amended, who voluntarily discontinues, reduces or impairs 
public communication service to a community or a part of a community 
must give written notification to the Commission within 7 days thereof. 
In the event of permanent discontinuance of service, the station 
licensee must promptly send the station license to the Federal 
Communications Commission, Common Carrier Radio Services, 1270 Fairfield 
Road, Gettysburg, Pennsylvania 17325 for cancellation; except that 
station licensees in the Local Multipoint Distribution Service need not 
surrender the license for cancellation if the discontinuance is a result 
of a change of status by the licensee from non-common carrier to common 
carrier pursuant to Sec. 101.61.
    (d) If any common carrier radio frequency should not be used to 
render any service as authorized during a consecutive period of twelve 
months at any time after construction is completed under circumstances 
that do not fall within the provisions of paragraph (a), (b), or (c) of 
this section, or, if removal of equipment or facilities has rendered the 
station not operational, the licensee must, within thirty days of the 
end of such period of nonuse:
    (1) Submit for cancellation the station license (or licenses) to the 
Federal Communications Commission, Common Carrier Radio Services, 1270 
Fairfield Road, Gettysburg, Pennsylvania 17325 for cancellation;
    (2) File an application for modification of the license (or 
licenses) to delete the unused frequency (or frequencies); or
    (3) Request waiver of this rule and demonstrate either that the 
frequency will be used (as evidenced by appropriate requests for 
service, etc.) within six months of the end of the initial period of 
nonuse, or that the frequency will be converted to allow rendition of 
other authorized public services within one year of the end of the 
initial period of nonuse by the filing of appropriate applications 
within six months of the end of the period of nonuse.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23168, Apr. 29, 1997]



Sec. 101.307  Tariffs, reports, and other material required to be submitted to the Commission.

    Sections 1.771 through 1.815 of this chapter contain summaries of 
certain materials and reports, including schedule of charges and 
accounting and financial reports, which, when applicable, must be filed 
with the Commission.



Sec. 101.309  Requirement that licensees respond to official communications.

    All licensees in these services are required to respond to official 
communications from the Commission with reasonable dispatch and 
according to the tenor of such communications. Failure to do so will be 
given appropriate consideration in connection with any subsequent 
applications which the

[[Page 709]]

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.



Sec. 101.311  Equal employment opportunities.

    Equal opportunities in employment must be afforded by all common 
carrier licensees and all Local Multipoint Distribution Service 
licensees in accordance with the provisions of Sec. 21.307.

[62 FR 23168, Apr. 29, 1997]



                 Subpart F--Developmental Authorizations



Sec. 101.401  Eligibility.

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



Sec. 101.403  Scope of service.

    Developmental authorizations may be issued for:
    (a) Field strength surveys relative to or precedent to the filing of 
applications for licenses, in connection with the selection of suitable 
locations for stations proposed to be established in any of the 
regularly established radio services regulated by the rules of this 
part; or
    (b) The testing of existing or authorized antennas, wave guides, 
paths, or other equipment used in a system subject to this part.



Sec. 101.405  Adherence to program of research and development.

    The program of research and development, as stated by an applicant 
in the application for license or stated in the instrument of station 
authorization, must be substantially adhered to unless the licensee is 
otherwise authorized by the Commission.



Sec. 101.407  Special procedure for the development of a new service or for the use of frequencies not in accordance with the provisions of the rules in this 
          part.

    (a) An authorization for the development of a new service not in 
accordance with the provisions of the rules in this part may be granted 
for a limited time, but only after the Commission has made a preliminary 
determination with respect to the factors set forth in this paragraph, 
as each case may require. This procedure also applies to any application 
that involves use of a frequency which is not in accordance with the 
provisions of the rules in this part, although in accordance with the 
Table of Frequency Allocations contained in part 2 of this chapter. (An 
application which involves use of a frequency which is not in accordance 
with the Table of Frequency Allocations in part 2 of this chapter should 
be filed in accordance with the provisions of part 5 of this chapter, 
Experimental Radio Services.) The factors with respect to which the 
Commission will make a preliminary determination before acting on an 
application filed under this paragraph are as follows:
    (1) That the public interest, convenience or necessity warrants 
consideration of the establishment of the proposed service or the use of 
the proposed frequency;
    (2) That the proposed operation appears to warrant consideration to 
effect a change in the provisions of the rules in this part; and/or
    (3) That some operational data should be developed for consideration 
in any rule making proceeding which may be initiated.
    (b) Applications for stations that are intended to be used in the 
development of a proposed service must be accompanied by a petition to 
amend the Commission's rules with respect to frequencies and such other 
items as may be necessary to provide for the regular establishment of 
the proposed service.



Sec. 101.409  Terms of grant; general limitations.

    (a) Developmental authorizations normally will be issued for one 
year, or such shorter term as the Commission

[[Page 710]]

may deem appropriate in any particular case, and will be subject to 
cancellation without hearing by the Commission at any time upon notice 
to the licensee.
    (b) Where some phases of the developmental program are not covered 
by the general rules of the Commission or by the rules of this part, the 
Commission may specify supplemental or additional requirements or 
conditions in each case as it may deem necessary in the public interest, 
convenience or necessity.
    (c) Frequencies allocated to the service toward which such 
development is directed will be assigned for developmental operation on 
the basis that no interference will be caused to the regular services of 
stations operating in accordance with the Commission's Table of 
Frequency Allocations (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. 101.411  Supplementary showing required.

    (a) Authorizations for development of a proposed radio service in 
the services included in this part will be issued only upon a showing 
that the applicant has a definite program of research and development, 
the details of which must be set forth, which has reasonable promise of 
substantial contribution to these services within the term of such 
authorization. A specific showing should be made as to the factors which 
qualify the applicant technically to conduct the research and 
development program, including a description of the nature and extent of 
engineering facilities that the applicant has available for such 
purposes.
    (b) Expiring developmental authorizations may be renewed only upon 
the applicant's compliance with the applicable requirements of 
Sec. 101.413 (a) and (b) relative to the authorization sought to be 
renewed and upon a factual showing that further progress in the program 
of research and development requires further radio transmission and that 
the public interest, convenience or necessity would be served by renewal 
of such authorization.



Sec. 101.413  Developmental report required.

    (a) Upon completion of the program of research and development, or, 
in any event, upon the expiration of the instrument of station 
authorization under which such investigations were permitted, or at such 
times during the term of the station authorization as the Commission may 
deem necessary to evaluate the progress of the developmental program, 
the licensee must submit, in duplicate, a comprehensive report on the 
following items, in the order designated:
    (1) Report on the various phases of the project which were 
investigated;
    (2) Total number of hours of operation on each frequency assigned;
    (3) Copies of any publication on the project;
    (4) Detailed analysis of the result obtained; and
    (5) Any other pertinent information.
    (b) In addition to the information required by paragraph (a) of this 
section, the developmental report of a station authorized for the 
development of a proposed radio service must include comprehensive 
information on the following items:
    (1) Probable public support and methods of its determination;
    (2) Practicability of service operations;
    (3) Interference encountered;
    (4) Pertinent information relative to merits of the proposed 
service;
    (5) Propagation characteristics of frequencies used, particularly 
with respect to the service objective;
    (6) Frequencies believed to be more suitable and reasons therefor; 
and
    (7) Type of signals or communications employed in the experimental 
work.
    (c) Developmental reports will be made a part of the Commission's 
public records, except upon the applicant's

[[Page 711]]

specific request for confidentiality and Commission approval in 
accordance with Sec. 0.459 of this chapter. Information determined 
confidential by the Commission will not be publicly disclosed.



              Subpart G--Digital Electronic Message Service



Sec. 101.501  Eligibility.

    In that DEMS operations will be transitioned to the 24 GHz band, 
applications for new facilities using the 18 GHz channels identified in 
Sec. 101.147(r)(9) are not acceptable for filing as of June 5, 1997.

[62 FR 24583, May 6, 1997]



Sec. 101.503  Digital Electronic Message Service Nodal Stations.

    DEMS Nodal Stations may be authorized only as a part of an 
integrated communication system wherein DEMS User Stations associated 
therewith also are licensed to the DEMS Nodal Station licensee. 
Applications for DEMS Nodal Station licenses should specify the maximum 
number of DEMS User Stations to be served by that nodal station. Any 
increase in that number must be applied for pursuant to Sec. 101.15.



Sec. 101.505  Frequencies.

    Frequencies, and the conditions on which they are available, for 
DEMS operations are contained in this subpart as well as in 
Sec. 101.147(r)(9) of subpart C of this part.

[62 FR 24583, May 6, 1997]



Sec. 101.507  Frequency stability.

    The frequency stability in the 17,700-19,700 and 24,250-25,250 MHz 
bands must be  0.001% for each DEMS Nodal Station 
transmitter and  0.003% for each DEMS User Station 
transmitter.

[62 FR 24583, May 6, 1997]



Sec. 101.509  Interference protection criteria.

    (a) All harmful interference to other users and blocking of adjacent 
channel use in the same city and cochannel use in nearby Standard 
Metropolitan Statistical Areas is prohibited. In areas where SMSA's are 
in close proximity, careful consideration should be given to minimum 
power requirements and to the location, height, and radiation pattern of 
the transmitting antenna. Licensees and applicants are expected to 
cooperate fully in attempting to resolve problems of potential 
interference before bringing the matter to the attention of the 
Commission.
    (b) As a condition for use of frequencies in this service each 
carrier is required to:
    (1) Engineer the system to be reasonably compatible with adjacent 
channel operations in the same city; and
    (2) Cooperate fully and in good faith to resolve whatever potential 
interference and transmission security problems may be present in 
adjacent channel operation.
    (c) The following interference studies, as appropriate, must be 
included in DEMS Nodal Station applications to the extent they are 
provided for in this subpart:
    (1) An analysis of the potential for harmful interference with other 
stations if the coordinates of any proposed station are located within 
80 kilometers (50 miles) of the coordinates of any authorized, or 
previously proposed station(s) that utilizes, or would utilize, the same 
frequency or an adjacent potentially interfering frequency; and
    (2) An analysis concerning possible adverse impact upon Canadian 
communications if the station's transmitting antenna is to be located 
within 55 kilometers (35 miles) of the Canadian border.
    (d) In addition a copy of the interference analysis submitted in 
response to paragraph (c)(1) of this section must be served on all 
applicants and/or grantees concerned within 5 days of its submission to 
the Commission.

[61 FR 26677, May 28, 1996, as amended at 62 FR 24583, May 6, 1997]



Sec. 101.511  Purpose and permissible service.

    (a) The DEMS is intended to provide for the exchange of digital 
information among and between subscribers using one or more DEMS 
Systems.
    (b) Unless otherwise directed or conditioned in the applicable 
instrument of authorization, DEMS may be used to

[[Page 712]]

exchange any type of digital information consistent with the 
Commission's Rules and the applicable tariff of the carrier.
    (c) The carrier's tariff must fully describe the parameters of the 
service to be provided, including the degree of communications security 
a subscriber can expect in ordinary service.



Sec. 101.513  Transmitter power.

    The transmitter power will be governed by Sec. 101.113. Further, 
each application must contain an analysis demonstrating compliance with 
Sec. 101.113(a).



Sec. 101.515  Emissions and bandwidth.

    Different types of emissions may be authorized if the applicant 
describes fully the modulation and bandwidth desired, and demonstrates 
that the bandwidth desired is no wider than needed to provide the 
intended service. In no event, however, may the necessary or occupied 
bandwidth exceed the specified channel width of the assigned pair.



Sec. 101.517  Antennas.

    (a) Transmitting antennas may be omnidirectional or directional, 
consistent with coverage and interference requirements.
    (b) The use of horizontal or vertical plane wave polarization, or 
right hand or left hand rotating elliptical polarization must be used to 
minimize harmful interference between stations.
    (c) Directive antennas must be used at all DEMS User Stations and 
may be elevated no higher than necessary to assure adequate service. 
Antenna structures requiring FAA notification under part 17 of this 
chapter must be registered with the Commission. The structure owner is 
responsible for registering, painting, and lighting the structure if 
applicable. Requests for such authorization must show the inclusive 
dates of the proposed operation.



Sec. 101.519  Interconnection.

    (a) All DEMS licensees must make available to the public all 
information necessary to allow the manufacture of user equipment that 
will be compatible with the licensee's network.
    (b) All DEMS licensees must make available to the public all 
information necessary to allow interconnection of DEMS networks.



Sec. 101.521  Spectrum utilization.

    All applicants for DEMS frequencies must submit as part of the 
original application a detailed plan indicating how the bandwidth 
requested will be utilized. In particular the application must contain 
detailed descriptions of the modulation method, the channel time sharing 
method, any error detecting and/or correcting codes, any spatial 
frequency reuse system and the total data throughput capacity in each of 
the links in the system. Further, the application must include a 
separate analysis of the spectral efficiency including both information 
bits per unit bandwidth and the total bits per unit bandwidth.



  Subpart H--Private Operational Fixed Point-to-Point Microwave Service



Sec. 101.601  Eligibility.

    Any person, or any governmental entity or agency, eligible for 
licensing in a radio service or pool under part 80, 87, or 90 of this 
chapter or any person proposing to provide communications service to 
such persons, governmental entities or agencies is eligible to hold a 
license under this subpart.

[62 FR 18936, Apr. 17, 1997]



Sec. 101.603  Permissible communications.

    (a) Except as provided in paragraph (b) of this section, stations in 
this radio service may transmit communications as follows:
    (1) On frequencies below 21,200 MHz, licensees may transmit their 
own communications, including the transmission of their products and 
information services, to their customers except that the distribution of 
video entertainment material to customers is permitted only as indicated 
in Sec. 101.101 and paragraph (a)(2) of this section.
    (2) In the frequency bands 6425-6525 MHz, 18,142-18,580 MHz and on 
frequencies above 21,200 MHz, licensees may deliver any of their own 
products and services to any receiving location;

[[Page 713]]

    (3) Licensees may transmit the communications of their parent 
corporation, or of another subsidiary of the same parent, or their own 
subsidiary where the party to be served is regularly engaged in any of 
the activities that constitute the basis for eligibility to use the 
frequencies assigned;
    (4) Licensees may transmit the communications of other parties in 
accordance with Sec. 101.135;
    (5) Licensees may transmit emergency communications unrelated to 
their activities in accordance with Sec. 101.205;
    (6) Licensees may transmit communications on a commercial basis to 
eligible users, among different premises of a single eligible user, or 
from one eligible user to another as part of transmissions by Digital 
Electronic Message Service systems on the frequencies provided for this 
purpose;
    (7) Licensees may transmit program material from one location to 
another, provided that the frequencies do not serve as the final RF link 
in the chain of distribution of the program material to broadcast 
stations;
    (b) Stations licensed in this radio service shall not:
    (1) Render a common carrier communications service of any kind;
    (2) Transmit program material for use in connection with 
broadcasting, except as provided in paragraphs (a)(2), and (a)(7)) of 
this section; and/or
    (3) Be used to provide the final RF link in the chain of 
transmission of program material to cable television systems, multipoint 
distribution systems or master antenna TV systems, except in the 
frequency bands 6425-6525 and 18,142-18,580 MHz and on frequencies above 
21,200 MHz.



    Subpart I--Common Carrier Fixed Point-to-Point Microwave Service



Sec. 101.701  Eligibility.

    (a) Authorizations for stations in this service will be issued to 
existing and proposed common carriers. Applications will be granted only 
in cases in which it is shown that:
    (1) The applicant is legally, technically, financially and otherwise 
qualified to render the proposed service;
    (2) There are frequencies available to enable the applicant to 
render a satisfactory service; and
    (3) The public interest, convenience, and necessity would be served 
by a grant thereof.
    (b) If the content is originated, selected, controlled, or otherwise 
substantively influenced by the applicant, licensee, or a closely 
affiliated entity, no station or radio frequency in this service will be 
authorized, or may be utilized, to transmit any closed circuit 
television signals or television signals other than broadcast television 
signals, unless:
    (1) Such service is otherwise permitted for a specific length of 
time by grant of an acceptable petition for waiver of this rule; or
    (2) Such service is otherwise permitted by a condition in the 
applicable instrument of authorization; or
    (3) Such service is provided pursuant to applicable FCC tariff and 
is temporary and occasional intra-company television communication for 
management, network supervision, or other internal carrier functions. 
For purposes of this paragraph, an entity will be considered to be 
``closely affiliated'' with an applicant if it is in a parent-subsidiary 
relationship, or both are commonly controlled, or they have any common 
officers or management employees.
    (c) Applications for stations or frequencies that will be used 
primarily to relay broadcast television signals must include a 
demonstration (including appropriate system diagrams and tables) that at 
least fifty percent of the customers (or points of service) on the 
microwave system involved, including those served through an 
interconnecting carrier(s), receiving applicant's service, will not be 
related or affiliated in any degree with the applicant, and that the 
proposed usage by such customers, in terms of hours of use and channels 
delivered, must constitute at least fifty percent of the usage of the 
applicant's microwave service. Applications that do not contain these 
demonstrations will be returned as unacceptable for filing.

[[Page 714]]



Sec. 101.703  Permissible communications.

    Stations in this service are authorized to render any kind of 
communication service provided for in the legally applicable tariffs of 
the carrier, unless otherwise directed in the applicable instrument of 
authorization or limited by Sec. 101.147 or Secs. 101.111 and 101.113.



Sec. 101.705  Renewal of station licenses.

    (a) An application for renewal of a station license in the Common 
Carrier Fixed Point-to-Point Microwave Service primarily used to relay 
television signals must contain:
    (1) A statement that such use complies with Sec. 101.701(b); and
    (2) The demonstration required by Sec. 101.701(c). Applications that 
do not contain these items as appropriate will be returned as 
unacceptable for filing.
    (b) Any application for renewal of license, for a term commencing 
January 1, 1975, or after, involving facilities utilizing frequency 
diversity must contain a statement showing compliance with 
Sec. 101.103(c) or the exceptions recognized in paragraph 141 of the 
``First Report and Order'' in Docket No. 18920 (29 FCC 2d 870). (This 
document is available at: Federal Communications Commission, Library 
(Room 639), 1919 M Street, NW., Washington, DC.) If not in compliance, a 
complete statement with the reasons therefor must be submitted.



            Subpart J--Local Television Transmission Service



Sec. 101.801  Eligibility.

    Authorizations for stations in this service will be granted to 
existing and proposed communication common carriers. Applications will 
be granted only in cases where it is shown that:
    (a) The applicant is legally, financially, technically and otherwise 
qualified to render the proposed service;
    (b) There are frequencies available to enable the applicant to 
render a satisfactory service; and
    (c) The public interest, convenience or necessity would be served by 
a grant thereof.



Sec. 101.803  Frequencies.

    (a) Frequencies in the following bands are available for assignment 
to television pickup and television non-broadcast pickup stations in 
this service:

6,425 to 6,525 MHz. (6)
11,700 to 12,200 MHz. (3)
13,200 to 13,250 MHz. (1)
14,200 to 14,400 MHz.
21,200 to 22,000 MHz. (1), (2), (4), (5)
22,000 to 23,600 MHz. (1), (2), (5)
31,000 to 31,300 MHz. (7)

                                  Notes

    (1) This frequency band is shared with fixed and mobile stations 
licensed under this and other parts of the Commission's Rules.
    (2) This frequency band is shared with Government stations.
    (3) This frequency band is shared, on a secondary basis, with 
stations in the broadcasting-satellite and fixed-satellite services.
    (4) This frequency band is shared with stations in the earth-
exploration satellite service.
    (5) Assignments to common carriers in this band are normally made in 
the segments 21,200-21,800 MHz and 22,400-23,800 MHz and to operational 
fixed users in the segments 21,800-22,400 MHz and 23,000-23,600 MHz. 
Assignments may be made otherwise only upon a showing that interference 
free frequencies are not available in the normally assigned band 
segments. The maximum power for the local television transmission 
service in the 14.2-14.4 GHz band is +45 dBW except that operations are 
not permitted within 1.5 degrees of the geostationary orbit.
    (6) This band is co-equally shared with mobile stations licensed 
pursuant to parts 74 and 78 of this chapter, and subpart H of this part.
    (7) As of June 30, 1997, frequencies in this band only are available 
for assignment to LMDS radio stations, except for non-LMDS radio 
stations authorized pursuant to applications refiled no later than June 
26, 1998. Stations authorized prior to June 30, 1997, may continue to 
operate within the existing terms of the outstanding licenses, subject 
to renewal. Non-LMDS stations authorized pursuant to applications 
refiled no later than June 26, 1998 shall operate on an unprotected 
basis and subject to harmful interference from similarly licensed 
stations or stations licensed prior to June 30, 1997, and on a secondary 
basis to LMDS radio stations.

    (b) Communications common carriers in the Local Television 
Transmission Service may be assigned frequencies listed in 
Secs. 74.602(a), 78.18(a)(7) and 78.18(a)(8) of this chapter to provide 
service to television broadcast stations, television broadcast network-
entities, cable system operators and cable

[[Page 715]]

network-entities. Frequency availability is subject to the provisions of 
Sec. 74.604 of this chapter and the use of the facility is limited to 
the permissible uses described in Secs. 74.631 and 78.11 of this 
chapter. Operations on these frequencies are subject to the technical 
provisions of part 74, subpart F, and part 78, subpart D of this 
chapter.
    (c) [Reserved]
    (d) Frequencies in the following bands are available for assignment 
to television STL stations in this service:

3,700 to 4,200 MHz (1)
5,925 to 6,425 MHz (1),(5)
10,700 to 11,700 MHz (1),(6)
13,200 to 13,250 MHz (2)
21,200 to 22,000 MHz (2),(4),(7),(8)
22,000 to 23,600 MHz (2),(6),(8)
31,000 to 31,300 MHz (9)

                                  Notes

    (1) This frequency band is shared with stations in the Point to 
Point Microwave Radio Service and, in United States Possessions in the 
Caribbean area, with stations in the International Fixed 
Radiocommunications Services.
    (2) This frequency band is shared with fixed and mobile stations 
licensed under this and other parts of the Commission's rules.
    (3) This frequency band is shared with space stations (space to 
earth) in the fixed-satellite service.
    (4) This frequency band is shared with Government stations.
    (5) This frequency band is shared with earth stations (earth to 
space) in the fixed-satellite services.
    (6) The band segments 10.95-11.2 and 11.45-11.7 GHz are shared with 
space stations (space to earth) in the fixed-satellite service.
    (7) This frequency band is shared with space stations (space to 
earth) in the earth exploration satellite service.
    (8) Assignments to common carriers in this band are normally made in 
the segments 21,200-21,800 MHz and 22,400-23,000 MHz and to operational 
fixed users in the segments 21,800-22,400 MHz and 23,000-23,600 MHz. 
Assignments may be made otherwise only upon a showing that interference 
free frequencies are not available in the appropriate band segments.
    (9) As of June 30, 1997, frequencies in this band only are available 
for assignment to LMDS radio stations, except for non-LMDS stations 
authorized pursuant to applications refiled no later than June 26, 1998. 
Stations authorized prior to June 30, 1997, may continue to operate 
within the existing terms of the outstanding licenses, subject to 
renewal. Non-LMDS stations authorized pursuant to applications refiled 
no later than June 26, 1998 shall operate on an unprotected basis and 
subject to harmful interference from each other or stations licensed 
prior to June 30, 1997, and on a secondary basis to LMDS radio stations.

    (e) On the condition that harmful interference will not be caused to 
services operating in accordance with the Table of Frequency 
Allocations, persons holding valid station authorizations on July 15, 
1963, to provide television nonbroadcast pickup service in the 6525-6575 
MHz band may be authorized to continue use of the frequencies specified 
in their authorization for such operations until July 15, 1968.
    (f) 6425 to 6525 MHz--Mobile Only. Paired and un-paired operations 
permitted. Use of this spectrum for direct delivery of video programs to 
the general public or for multi-channel cable distribution is not 
permitted. This band is co-equally shared with mobile stations licensed 
pursuant to parts 74 and 78 of this chapter. The following channel plans 
apply.
    (1) 1 MHz maximum authorized bandwidth channels.

------------------------------------------------------------------------
                                                             Receive (or
                Transmit (or receive) (MHz)                   transmit)
                                                                (MHz)
------------------------------------------------------------------------
6425.5.....................................................       6475.5
6450.5.....................................................       6500.5
------------------------------------------------------------------------

    (2) 8 MHz maximum authorized bandwidth channels.

------------------------------------------------------------------------
                                                             Receive (or
                Transmit (or receive) (MHz)                   transmit)
                                                                (MHz)
------------------------------------------------------------------------
6430.0.....................................................       6480.0
6438.0.....................................................       6488.0
6446.0.....................................................       6596.0
6455.0.....................................................       6505.0
6463.0.....................................................       6513.0
6471.0.....................................................       6521.0
------------------------------------------------------------------------

    (3) 25 MHz maximum authorized bandwidth channels.

------------------------------------------------------------------------
                                                             Receive (or
                Transmit (or receive) (MHz)                   transmit)
                                                                (MHz)
------------------------------------------------------------------------
6437.5.....................................................       6487.5
6462.5.....................................................       6512.5
------------------------------------------------------------------------

    (g) The frequency 27.255 MHz in the 27.23-27.28 MHz band is 
allocated for assignment to microwave auxiliary stations in this service 
on a shared basis with other radio services. Assignments to stations on 
this frequency will not

[[Page 716]]

be protected from such interference as may be experienced from the 
emissions of industrial, scientific and medical equipment operating on 
27.12 MHz in accordance with Sec. 2.106 of this chapter.

[61 FR 26677, May 28, 1996, as amended at 62 FR 23168, Apr. 29, 1997; 63 
FR 9448, Feb. 25, 1998; 63 FR 14039, Mar. 24, 1998]



Sec. 101.805  Assignment of frequencies to mobile stations.

    The assignment of frequencies to mobile stations in this service 
will not be limited to a single licensee within any area. However, 
geographical limits within which mobile units may operate may be imposed 
by the Commission.



Sec. 101.807  Transmitter power.

    Stations in this service will not be authorized to use transmitters 
having a rated power output in excess of the limits set forth in 
Sec. 101.113(b) and a standby transmitter having a rated power output in 
excess of that of the main transmitter with which it is associated will 
not be authorized.



Sec. 101.809  Bandwidth and emission limitations.

    (a) Stations in this service operating on frequencies in the 27.23-
27.28 MHz band will be authorized to employ only amplitude modulated or 
frequency modulated emission for radiotelephony. The authorization to 
use such emissions will be construed to include authority to employ 
unmodulated emission only for temporary or short periods necessary for 
equipment testing incident to the construction and maintenance of the 
station.
    (b) Stations in the service operating on frequencies above 940 MHz 
may be authorized to use amplitude modulated, frequency modulated or 
pulse type of emission for radiotelephony and television. In addition, 
the use of unmodulated emission may be authorized in appropriate cases.
    (c) The maximum bandwidths which will normally be authorized for 
single channel operation on frequencies below 500 MHz in this service 
must not exceed the limits set forth below:

------------------------------------------------------------------------
                                                              Authorized
                      Type of emission                        bandwidth
                                                                (kHz)
------------------------------------------------------------------------
A3E........................................................            8
F3E or (G3E)...............................................           40
------------------------------------------------------------------------

    (d) Maximum bandwidths in the following frequency bands must not 
exceed the limits set forth below:

------------------------------------------------------------------------
                                                               Maximum
                                                              authorized
                    Frequency band (MHz)                      bandwidth
                                                                (MHz)
------------------------------------------------------------------------
3,700 to 4,200.............................................           20
5,925 to 6,425.............................................           30
6,425 to 6,525.............................................           25
10,700 to 12,200...........................................           40
13,200 to 13,250...........................................           25
22,000 to 23,600...........................................          100
------------------------------------------------------------------------

    (e) The bandwidths authorized on frequencies above 500 MHz must be 
appropriate to the type of operation in any particular case. An 
application requesting such authorization must fully describe the 
modulation, emission, and bandwidth desired and must specify the 
bandwidth to be occupied.



Sec. 101.811  Modulation requirements.

    (a) The use of modulating frequencies higher than 3000 hertz for 
single channel radiotelephony or tone signaling on frequencies below 500 
MHz is not authorized.
    (b) When amplitude modulation is used, the modulation percentage 
must be sufficient to provide efficient communication and must normally 
be maintained above 70 percent on positive peaks, but may not exceed 100 
percent on negative peaks.
    (c) When phase or frequency modulation is used for single channel 
radiotelephony on frequencies below 500 MHz, the deviation arising from 
modulation may not exceed plus or minus 15 kHz from the unmodulated 
carrier.
    (d) Each unmultiplexed radiotelephone transmitter having more than 3 
watts plate power input to the final radio frequency stage and initially 
installed at the station in this service after September 4, 1956, must 
be provided with a device that will automatically prevent modulation in 
excess of that specified in paragraphs (b) and (c) of this section which 
may be caused by greater than normal audio level.

[[Page 717]]



Sec. 101.813  Remote control operation of mobile television pickup stations.

    (a) Mobile television pickup stations (including nonbroadcast) may 
be operated by remote control from the fixed locations for periods not 
to exceed 6 months.
    (b) The Commission may, upon adequate showing by the licensee as to 
why the television pickup operations should not be conducted under a 
fixed station authorization, renew the authority granted under the 
provisions of paragraph (a) of this section.
    (c) Reference should be made to Sec. 101.125 concerning mobile 
station antenna height restrictions and to paragraphs (c) and (f) of 
Sec. 101.131 concerning control points.



Sec. 101.815  Stations at temporary fixed locations.

    (a) Authorizations may be issued upon proper application for the use 
of frequencies listed in Sec. 101.803 by stations in the Local 
Television Transmission Service for rendition of temporary service to 
subscribers under the following conditions:
    (1) When a fixed station is to remain at a single location for less 
than 6 months, the location is considered to be temporary. Services that 
are initially known to be of longer than 6 months' duration may not be 
provided under a temporary fixed authorization but rendered pursuant to 
a regular license.
    (2) When a fixed station authorized to operate at temporary 
locations is installed and it subsequently becomes necessary for the 
station to operate from such location for more than six months, 
application FCC Form 494 for a station authorization to specify the 
permanent location must be filed at least thirty days prior to the 
expiration of the six month period.
    (3) The station must be used only for rendition of communication 
service at a remote point where the provision of wire facilities is not 
practicable.
    (4) The antenna structure height employed at any location may not 
exceed the criteria set forth in Sec. 17.7 of this chapter unless, in 
each instance, authorization for use of a specific maximum antenna 
structure height for each location has been obtained from the Commission 
prior to erection of the antenna. See Sec. 101.125.
    (5) Applications for such stations must comply with the provisions 
of Sec. 101.713.
    (b) Applications for authorizations to operate stations at temporary 
locations under the provisions of this section may be made upon FCC Form 
494. Blanket applications may be submitted for the required number of 
transmitters.
    (c) Prior coordination of mobile assignments will be in accordance 
with the procedures in Sec. 101.103(d) except that the prior 
coordination process for mobile (temporary fixed) assignments may be 
completed orally and the period allowed for response to a coordination 
notification may be less than 30 days if the parties agree.



Sec. 101.817  Notification of station operation at temporary locations.

    (a) The licensee of stations authorized pursuant to Sec. 101.813 
must notify the Commission prior to each period of operation. This 
notification may be oral or written and must include:
    (1) The call sign, manufacturer's name, type or model number, output 
power and specific location of the transmitter(s);
    (2) The maintenance location for the transmitter;
    (3) The location of the transmitting or receiving station with which 
it will communicate and the identity of the correspondent operating such 
facilities;
    (4) The exact frequency or frequencies to be used;
    (5) The public interest, convenience and necessity to be served by 
operation of the proposed installation;
    (6) The commencement and anticipated termination dates of operation 
from each location. In the event the actual termination date differs 
from the previous notification, written notice thereof promptly must be 
given to the Commission;
    (7) Where the notification contemplates initially a service that is 
to be rendered for a period longer than 90 days, the notification must 
contain a showing as to why application should not be made for regular 
authorization; and

[[Page 718]]

    (8) A notification must include compliance with the provisions of 
Sec. 101.813(c).
    (b) A copy of the notification must be kept with the station 
license.



Sec. 101.819  Stations affected by coordination contour procedures.

    In frequency bands shared with the communication-satellite service, 
applicants must also comply with the requirements of Sec. 101.21.



                          Subpart K  [Reserved]



            Subpart L--Local Multipoint Distribution Service

    Source: 62 FR 23168, Apr. 29, 1997, unless otherwise noted.



Sec. 101.1001  Eligibility.

    Any entity, other than one precluded by Sec. 101.7 and by 
Sec. 101.1003, is eligible for authorization to provide Local Multipoint 
Distribution Service (LMDS) under this subpart. Authorization will be 
granted upon proper application filed under the rules in this part.



Sec. 101.1003  LMDS eligibility restrictions for incumbent LECs and cable companies.

    (a) Eligibility for LMDS license. Except as provided in paragraph 
(b) of this section, no incumbent LEC or incumbent cable company, as 
defined in paragraph (c) of this section, nor any entity owning an 
attributable interest in an incumbent LEC or incumbent cable company, 
shall have an attributable interest in an LMDS license whose geographic 
service area significantly overlaps such incumbent's authorized or 
franchised service area.
    (1) Termination of restriction. This restriction shall terminate 
three years following June 30, 1997 unless the Commission extends its 
applicability based on a determination that incumbent LECs or incumbent 
cable companies continue to have substantial market power in the 
provision of local telephony or cable television services.
    (2) Waiver of restriction. Upon completion of the initial award of 
LMDS licenses, an incumbent LEC or incumbent cable company may petition 
for a waiver of the restriction on eligibility based upon a showing that 
the petitioner no longer has market power in its authorized or 
franchised service area as the result of the entry of new competitors, 
other than an LMDS licensee, into such service area.
    (b) Exception to eligibility restriction. The restriction set forth 
in paragraph (a) of this section shall not apply to any license for the 
31,000-31,075 megahertz and 31,225-31,300 megahertz bands of LMDS 
spectrum.
    (c) Incumbent LECs and cable companies defined. The terms incumbent 
LEC and incumbent cable company shall be defined as follows:
    (1) Incumbent LEC. The term incumbent local exchange carrier or 
incumbent LEC shall be defined, in accordance with section 251(h) of the 
Communications Act, to mean, with respect to an area, that:
    (i) On February 8, 1996, the LEC provided telephone exchange service 
in such area and was deemed to be a member of the exchange carrier 
association pursuant to Sec. 69.601(b) of this chapter; or
    (ii) Is a person or entity that, on or after February 8, 1996, 
became a successor or assign of a member described in paragraph 
(c)(1)(i) of this section; or
    (iii) Is an entity, or a member of a class or category of entities, 
that the Commission has determined under section 251(h)(2) of the 
Communications Act to treat as a local exchange carrier.
    (2) Incumbent cable company. The term incumbent cable company means 
a company that is franchised to provide cable service and is not subject 
to effective competition under the following definition of effective 
competition in section 623(l) of the Communications Act:
    (i) Fewer than 30 percent of the households in the franchise area 
subscribe to the cable service of a cable system; or
    (ii) The franchise area is:
    (A) Served by at least two unaffiliated multichannel video 
programming distributors each of which offers comparable video 
programming to at least 50 percent of the households in the franchise 
area; and

[[Page 719]]

    (B) The number of households subscribing to programming services 
offered by multichannel video programming distributors other than the 
largest multichannel video programming distributor exceeds 15 percent of 
the households in the franchise area; or
    (iii) A multichannel video programming distributor operated by the 
franchising authority for that franchise area offers video programming 
to at least 50 percent of the households of that franchise area; or
    (iv) A local exchange carrier or its affiliate (or any multichannel 
video programming distributor using the facilities of such carrier or 
its affiliate) offers video programming services directly to subscribers 
by any means (other than direct-to-home satellite services) in the 
franchise area of an unaffiliated cable operator which is providing 
cable service in that franchise area, but only if the video programming 
services so offered in that area are comparable to the video programming 
services provided by the unaffiliated cable operator in that area.
    (d) Significant overlap with authorized or franchised service area. 
For purposes of paragraph (a) of this section, a significant overlap of 
an incumbent LEC's or incumbent cable company's authorized or franchised 
service area occurs when at least 10 percent of the population of the 
LMDS licensed service area, as determined by the 1990 census figures for 
the counties contained in such service area, is within the authorized or 
franchised service area.
    (e) Definition of attributable interest. For purposes of paragraph 
(a) of this section, an entity shall be considered to have an 
attributable interest in an incumbent LEC, incumbent cable company, or 
LMDS licensee pursuant to the following criteria:
    (1) A controlling interest shall constitute an attributable 
interest. 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 entity, in 
whatever manner exercised.
    (2) Partnership and similar ownership interests and any stock 
interest amounting to 20 percent or more of the equity, or outstanding 
stock or outstanding voting stock of an entity.
    (3) Stock interests held in trust that exceed the limit set forth in 
paragraph (e)(2) of this section shall constitute an attributable 
interest of any person who holds or shares the power to vote such stock, 
of any person who has the sole power to sell such stock, and, in the 
case of stock held in trust, of 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 stock interests held in trust shall 
constitute an attributable interest of such grantor or beneficiary, as 
appropriate.
    (4) Non-voting stock shall constitute an attributable interest in 
the issuing entity if it exceeds the limit set forth in paragraph (e)(2) 
of this section.
    (5) Debt and interests such as warrants and convertible debentures, 
options, or other interests (except non-voting stock) with rights of 
conversion to voting interests shall not constitute attributable 
interests unless and until conversion is effected.
    (6) Limited partnership interests amounting to 20 percent or more, 
calculated according to both the percentage of equity paid in and the 
percentage of distribution of profits and losses, shall constitute an 
attributable interest of each such limited partner.
    (7) Officers and directors of an incumbent LEC or incumbent cable 
company, an LMDS licensee, or an entity that controls such incumbent 
LEC, incumbent cable company, or LMDS licensee, shall be considered to 
have an attributable interest in such incumbent LEC, incumbent cable 
company, or LMDS licensee.
    (8) Ownership interests that are held indirectly by any party 
through one or more intervening corporations or other entities shall 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 for any interest in any link in the chain exceeds 50 
percent or represents actual control, it shall be

[[Page 720]]

treated as if it were a 100 percent interest.
    (9) Any person who manages the operations of an incumbent LEC or 
incumbent cable company or an LMDS licensee pursuant to a management 
agreement shall be considered to have an attributable interest in such 
incumbent LEC, incumbent cable company or LMDS 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 entity;
    (ii) The terms upon which such services are offered; or
    (iii) The prices charged for such services.
    (10) Any person or its affiliate who enters into a joint marketing 
arrangement with an incumbent LEC, an incumbent cable company, an LMDS 
licensee, or an affiliate of such entity, shall be considered to have an 
attributable interest in such incumbent LEC, incumbent cable company, 
LMDS licensee, or affiliate, if such person or its affiliate has 
authority to make decisions or otherwise engage in practices or 
activities that determine:
    (i) The nature or types of services offered by such entity;
    (ii) The terms upon which such services are offered; or
    (iii) The prices charged for such services.
    (f) Divestiture. Any incumbent LEC or incumbent cable company, or 
any entity owning an attributable interest in an incumbent LEC or 
incumbent cable company, that would otherwise be barred from 
participating in an LMDS auction by the eligibility restriction in 
paragraph (a) of this section, may be a party to an LMDS application 
(i.e., have an attributable interest in the applicant), and such 
applicant will be eligible for an LMDS license, pursuant to the 
divestiture procedures set forth in paragraphs (f)(1) through (f)(6) of 
this section.
    (1) Divestiture shall be limited to the following prescribed means:
    (i) An LMDS applicant holding an attributable interest in an 
incumbent LEC or incumbent cable company may divest such interest in the 
incumbent LEC or cable company.
    (ii) Other LMDS applicants disqualified under paragraph (a) of this 
section, will be permitted to:
    (A) Partition and divest that portion of the existing authorized or 
franchised service area that causes it to exceed the overlap restriction 
in paragraph (d) of this section, subject to applicable regulations of 
state and local governments; or
    (B) Partition and divest that portion of the LMDS geographic service 
area that exceeds the overlap restriction in paragraph (d) of this 
section.
    (iii) Divestiture may be to an interim trustee if a buyer has not 
been secured in the required period of time, as long as the LMDS 
applicant has no interest in or control of the trustee and the trustee 
may dispose of the license as it sees fit.
    (2) The LMDS applicant shall certify as an exhibit to its short form 
application that it and all parties to the application will come into 
compliance with paragraph (a) of this section.
    (3) If such LMDS 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 
eligibility restrictions in paragraph (a) of this section.
    (4) If such an LMDS applicant is otherwise qualified, its 
application will be granted subject to a condition that the applicant 
shall come into compliance with the eligibility restrictions in 
paragraph (a) of this section, within ninety (90) days of final grant of 
such LMDS license.
    (5) An LMDS applicant will be considered to have come into 
compliance with paragraph (a) of this section if:
    (i) In the case of the divestiture of a portion of an LMDS license, 
it has submitted to the Commission an application for license assignment 
or transfer of control of the requisite portion of the LMDS geographic 
service area.
    (ii) In all other cases, it has submitted to the Commission a signed 
certification that it has come into compliance with paragraph (a) of 
this section by the following means, identified in such certification:

[[Page 721]]

    (A) By divestiture of a disqualifying interest in an incumbent LEC 
or incumbent cable company, identified in terms of the interest owned, 
the owner of such interest (and, if such owner is not the applicant 
itself, the relationship of the owner to the applicant), the name of the 
party to whom such interest has been divested, and the date such 
divestiture was executed; or
    (B) By divestiture of the requisite portion of the incumbent LEC's 
or incumbent cable company's existing authorized or franchised service 
area, identified in terms of the name of the party to whom such interest 
has been divested, the date such divestiture was executed, the name of 
any regulatory agency that must approve such divestiture, and the date 
on which an application was filed for this purpose with the regulatory 
agency.
    (6) If no such certification or application is tendered to the 
Commission within ninety (90) days of final grant of the initial 
license, the Commission may consider the short form certification and 
the long form divestiture statement to be material, bad faith 
misrepresentations and shall invoke the condition on the initial 
license, 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.
    Note to Sec. 101.1003: Waivers of Sec. 101.1003(e) 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.



Sec. 101.1005  Frequencies available.

    (a) The following frequencies are available for assignment to LMDS 
in two license blocks:

                          Block A of 1,150 MHz

27,500-28,350 MHz
29,100-29,250 MHz
31,075-31,225 MHz

                           Block B of 150 MHz

31,000-31,075 MHz
31,225-31,300 MHz

    (b) In Block A licenses, the frequencies are authorized as follows:
    (1) 27,500-28,350 MHz is authorized on a primary protected basis and 
is shared with Fixed Satellite Service (FSS) systems.
    (2) 29,100-29,250 MHz is shared on a co-primary basis with feeder 
links for non-geostationary orbit Mobile Satellite Service (NGSO/MSS) 
systems in the band and is limited to LMDS hub-to-subscriber 
transmissions, as provided in Sec. 25.257 and Sec. 101.103(h).
    (3) 31,075-31,225 MHz is authorized on a primary protected basis and 
is shared with private microwave point-to-point systems licensed prior 
to March 11, 1997, as provided in Sec. 101.103(b).
    (c) In Block B licenses, the frequencies are authorized as follows:
    (1) On a primary protected basis if LMDS shares the frequencies with 
systems licensed as Local Television Transmission Service (LTTS) 
licensed prior to March 11, 1997, as provided in Sec. 101.103(b).
    (2) On a co-equal basis with systems not licensed as LTTS prior to 
March 11, 1997, as provided in Sec. 101.103(g).



Sec. 101.1007  Geographic service areas and number of licenses.

    LMDS service areas are Basic Trading Areas (BTAs) as defined in the 
Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at 
pages 38-39, that identifies 487 BTAs based on the 50 States and as 
defined to include the BTA-like areas of the United States Virgin 
Islands, American Samoa, Guam, Mayaguez/Aguadilla-Ponce, Puerto Rico, 
San Juan, Puerto Rico, and the Commonwealth of Northern Marinas, for a 
total of 493 BTAs.



Sec. 101.1009  System operations.

    (a) The licensee may construct and operate any number of fixed 
stations anywhere within the area authorized by the license without 
prior authorization, except as follows:
    (1) A station would be required to be individually licensed if:

[[Page 722]]

    (i) International agreements require coordination;
    (ii) Submission of an Environmental Assessment is required under 
Sec. 1.1307 of this chapter.
    (iii) The station would affect the radio quiet zones under 
Sec. 101.123.
    (2) Any antenna structure that requires notification to the Federal 
Aviation Administration (FAA) must be registered with the Commission 
prior to construction under Sec. 17.4 of this chapter.
    (b) Whenever a licensee constructs or makes system changes as 
described in paragraph (a) of this section, the licensee is required to 
notify the Commission within 30 days of the change under Sec. 101.61 and 
include a statement of the technical parameters of the changed station.



Sec. 101.1011  Construction requirements and criteria for renewal expectancy.

    (a) LMDS 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 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, that is the most important comparative factor to be 
considered in the proceeding as long as the applicant's 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, an LMDS 
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 LMDS 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. 101.1013  Permissible communications services.

    (a) Authorizations for stations in the Local Multipoint Distribution 
Service will be granted to provide services on a common carrier basis or 
a non-common carrier basis or on both a common carrier and non-common 
carrier basis in a single authorization.
    (b) Stations may render any kind of communications service 
consistent with the Commission's rules and the regulatory status of the 
station to provide services on a common carrier or non-common carrier 
basis.
    (c) An applicant or licensee may submit a petition at any time 
requesting clarification of the regulatory status required to provide a 
specific communications service.



Sec. 101.1015  Application form and contents.

    (a) Applications for initial authorization are filed on FCC Form 175 
in accordance with Subpart M of this part, and part 1 of this chapter, 
subpart Q. FCC Form 600 is submitted subsequently either by the winning 
bidder, if an auction is held to decide among two

[[Page 723]]

or more mutually exclusive applications, or, in cases of no mutual 
exclusivity, by the sole applicant. Applications to amend pending 
applications and to modify licenses are filed on FCC Form 600.
    (b) Foreign ownership information. All LMDS applicants will provide 
the information requested on FCC Form 600 to address all of the 
eligibility requirements in Sec. 101.7. All licensees will keep the 
information updated.



Sec. 101.1017  Requesting regulatory status.

    (a) Initial applications. An applicant will specify on FCC Form 600 
if it is requesting authorization to provide services on a common 
carrier basis, a non-common carrier basis, or on both a common carrier 
and non-common carrier basis.
    (b) Amendment of pending applications. (1) Any pending application 
may be amended to:
    (i) Change the carrier status requested, or
    (ii) Add to the pending request in order to obtain both common 
carrier and non-common carrier status in a single license.
    (2) Amendments to change, or add to, the carrier status in a pending 
application are minor amendments filed under Sec. 101.29.
    (c) Modification of license. (1) A licensee may modify a license to:
    (i) Change the carrier status authorized, or
    (ii) Add to the status authorized in order to obtain both common 
carrier and non-common carrier status in a single license.
    (2) Applications to change, or add to, the carrier status in a 
license are modifications not requiring prior Commission authorization 
filed under Sec. 101.61. If the change results in the discontinuance, 
reduction, or impairment of an existing service, the licensee is also 
governed by Sec. 101.305(b) or (c) and submits the application under 
Sec. 101.61 in conformance with the time frames and requirements of 
Sec. 101.305(b) or (c).



           Subpart M--Competitive Bidding Procedures for LMDS

    Source: 62 FR 23172, Apr. 29, 1997, unless otherwise noted.



Sec. 101.1101  LMDS service subject to competitive bidding.

    Mutually exclusive initial applications for LMDS licenses are 
subject to competitive bidding procedures. The procedures set forth in 
part 1, subpart Q, of this chapter will apply unless otherwise provided 
in this part.



Sec. 101.1102  Competitive bidding design for LMDS.

    The Commission will employ a simultaneous multiple round auction 
design when choosing from among mutually exclusive initial applications 
to provide LMDS, unless otherwise specified by the Wireless 
Telecommunications Bureau before the auction.



Sec. 101.1103  Competitive bidding mechanisms.

    (a) Sequencing. The Commission will establish and may vary the 
sequence in which LMDS licenses are auctioned.
    (b) Grouping. The Commission will determine which licenses will be 
auctioned simultaneously or in combination based on interdependency and 
administrative circumstances.
    (c) Minimum bid increments. The Commission may, by public 
announcement before or during an auction, require minimum bid increments 
in dollar or percentage terms.
    (d) Stopping rules. The Commission may establish stopping rules 
before or during an auction in order to terminate the 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 may request waivers of 
such rule during the auction. The Commission may, by public announcement 
either before or during the auction, specify or vary the number of 
waivers available to each bidder.

[[Page 724]]

    (f) Bid withdrawal, default and disqualification payments. 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 
terminates, or who are disqualified. 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.
    (g) 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.



Sec. 101.1104  Bidding application (FCC Forms 175 and 175-S).

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



Sec. 101.1105  Submission of payments.

    (a) Each applicant to participate in an LMDS auction will be 
required to submit an upfront payment in accordance with Sec. 1.2106 of 
this chapter as announced by the Wireless Telecommunications Bureau by 
Public Notice.
    (b) Winning bidders in LMDS auctions must submit a down payment to 
the Commission in an amount sufficient to bring their total deposits up 
to 20 percent of their winning bids within ten business days following 
the release of a Public Notice announcing the close of the auction. 
Winning bidders must pay the full balance of their winning bids within 
ten business days following the release of a Public Notice that the 
Commission is prepared to award the licenses.

[62 FR 48794, Sept. 17, 1997]



Sec. 101.1106  Long-form application (FCC Form 600).

    Each successful bidder for an LMDS license 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 LMDS 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 Commission may issue in 
connection with an auction. After an auction, the Commission will not 
accept long-form applications for LMDS licenses from anyone other than 
the auction winners and parties seeking partitioned licenses pursuant to 
agreements with auction winners under Sec. 101.1111 of this chapter.



Sec. 101.1107  Bidding credits for very small businesses, small businesses and entrepreneurs; unjust enrichment.

    (a) A winning bidder that qualifies as a very small business or a 
consortium of very small businesses pursuant to Sec. 101.1112 may use a 
bidding credit of 45 percent to lower the cost of its winning bid.
    (b) A winning bidder that qualifies as a small business or a 
consortium of small businesses pursuant to Sec. 101.1112 may use a 
bidding credit of 35 percent to lower the cost of its winning bid.
    (c) A winning bidder that qualifies as an entrepreneur or a 
consortium of entrepreneurs pursuant to Sec. 101.1112 may use a bidding 
credit of 25 percent to lower the cost of its winning bid.
    (d) The bidding credits referenced in paragraphs (a), (b) and (c) of 
this section are not cumulative.
    (e) Unjust enrichment. (1) A licensee that utilizes a bidding 
credit, and that during the initial license term seeks to assign or 
transfer control of a license to an entity that does not meet the 
eligibility criteria for a bidding credit, will be required to reimburse 
the U.S. Government for the amount of the bidding credit, plus interest 
based on the rate for ten year U.S. Treasury obligations applicable on 
the date the license is granted, as a condition of Commission approval 
of the assignment or transfer. If, within the initial term of the 
license, a licensee that utilizes a bidding credit seeks to assign or 
transfer control of a license to an entity that is eligible for a lower 
bidding credit, the difference between the bidding credit obtained by 
the assigning party and the bidding credit for which the acquiring party 
would qualify, plus interest based on the rate for ten year U.S. 
Treasury obligations applicable on the date the license is granted, must 
be

[[Page 725]]

paid to the U.S. Government as a condition of Commission approval of the 
assignment or transfer. If, within the initial license term, a licensee 
that utilizes a bidding credit seeks to make any ownership change that 
would result in the licensee losing eligibility for a bidding credit (or 
qualifying for a lower bidding credit), the amount of the bidding credit 
(or the difference between the bidding credit originally obtained and 
the bidding credit for which the restructured licensee would qualify), 
plus interest based on the rate for ten year U.S. Treasury obligations 
applicable on the date the license is granted, must be paid to the U.S. 
Government as a condition of Commission approval of the ownership 
change.
    (2) The amount of payments made pursuant to paragraph (e)(1) of this 
section will be reduced over time as follows:
    (i) 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);
    (ii) In year three of the license term the payment will be 75 
percent;
    (iii) In year four of the license term the payment will be 50 
percent; and
    (iv) In year five of the license term the payment will be 25 
percent, after which there will be no required payment.

[62 FR 48794, Sept. 17, 1997]



Sec. 101.1109  Certifications, disclosures, records maintenance and audits.

    (a) Short-form applications: Certifications and disclosure. In 
addition to certifications and disclosures required in part 1, subpart 
Q, of this chapter, each applicant for an LMDS license which qualifies 
as a very small business, small business or entrepreneurs pursuant to 
Sec. 101.1112 shall append the following information as an exhibit to 
its short-form applications (FCC Form 175):
    (1) The identities of the applicant's affiliates and controlling 
principals; and
    (2) The applicant's gross revenues, computed in accordance with 
Sec. 101.1112.
    (b) Long-form applications: Certifications and disclosure. In 
addition to the requirements in Sec. 1.2107 of this chapter, each 
applicant submitting a long-form application for an LMDS license and 
qualifying as a very small business, small business or entrepreneur 
pursuant to Sec. 101.1112 shall, in an exhibit to its long-form 
application:
    (1) Disclose separately and in the aggregate the gross revenues, 
computed in accordance with Sec. 101.1112, for each of the following: 
the applicant, the applicant's affiliates, the applicant's controlling 
principals, and, if a consortium of very small businesses, small 
businesses or entrepreneurs, the members of the consortium;
    (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 very small business, small business or entrepreneur, 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 very 
small businesses, small businesses or entrepreneurs shall maintain at 
their principal place of business an updated file of ownership, revenue, 
and asset information, including any document necessary to establish 
eligibility as a very small business, small business or entrepreneur. 
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

[[Page 726]]

application (FCC Form 175), whichever is earlier.
    (d) Audits. (1) Applicants and licensees claiming eligibility as a 
very small business, small business or entrepreneur pursuant to 
Sec. 101.1112 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 LMDS service, and shall also include consent 
to the interview of principals, employees, customers and suppliers of 
the applicant or licensee.

[62 FR 48795, Sept. 17, 1997]



Sec. 101.1110  Petitions to deny.

    Procedures regarding petitions to deny long-form applications in the 
LMDS service will be governed by Sec. 1.2108 (b) through (d) of this 
chapter.



Sec. 101.1111  Partitioning and disaggregation.

    (a) Definitions.--Disaggregation. The assignment of discrete 
portions or ``blocks'' of spectrum licensed to a geographic licensee or 
qualifying entity.
    Partitioning. The assignment of geographic portions of a licensee's 
authorized service area along geopolitical or other boundaries.
    (b) Eligibility. (1) Parties seeking approval for partitioning and 
disaggregation shall request an authorization for partial assignment of 
a license pursuant to Sec. 101.53. Parties shall submit the forms set 
forth in Sec. 101.15(e).
    (2) Licensees may apply to partition their licensed geographic 
service area or disaggregate their licensed spectrum at any time 
following the grant of their licenses.
    (c) Technical Standards.--(1) Partitioning. In the case of 
partitioning, requests for authorization for partial assignment of a 
license must include, as an attachment, a description of the partitioned 
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 
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 1983 
North American Datum (NAD83). 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. In such partitioning cases where an 
unjust enrichment payment is owed the Commission, the request for 
authorization for partial assignment of a license must include, as an 
attachment, a calculation of the population of the partitioned service 
area and the licensed geographic service 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.
    (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. 101.67 of this chapter.
    (e) Construction Requirements. Applications requesting approval for 
partitioning or disaggregation must include a certification by each 
party that it will satisfy the construction requirement set forth in 
Sec. 101.1011 of this chapter. Failure by a party to meet its respective 
construction requirement will result in the automatic cancellation of 
its license without further Commission action.

[63 FR 26507, May 13, 1998]

[[Page 727]]



Sec. 101.1112  Definitions.

    (a) Scope. The definitions in this section apply to Secs. 101.1101 
through 101.1112, unless otherwise specified in those sections.
    (b) Very small business. A very small business is an entity that, 
together with its affiliates and controlling principals, has average 
gross revenues for the three preceding years of not more than $15 
million.
    (c) Small business. A small business is an entity that, together 
with its affiliates and controlling principals, has average gross 
revenues for the three preceding years of more than $15 million but not 
more than $40 million.
    (d) Entrepreneur. An entrepreneur is an entity that, together with 
its affiliates and controlling principals, has average gross revenues 
for the three preceding years of more than $40 million but not more than 
$75 million.
    (e) For purposes of determining whether an entity meets the 
definition of very small business, small business or entrepreneur, the 
gross revenues of the applicant, its affiliates and controlling 
principals shall be considered on a cumulative basis and aggregated.
    (f) Consortium. A consortium of very small businesses, small 
businesses or entrepreneurs 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, 
small business or entrepreneur. Each individual member must establish 
its eligibility as a very small business, small business or 
entrepreneur. Where an applicant (or licensee) is a consortium of very 
small businesses, small businesses or entrepreneurs, the gross revenues 
of each business shall not be aggregated.
    (g) 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 (FCC 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.
    (h) 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 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 (h)(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 her position in the concern, has 
a critical influence in or substantive control over the operations or 
management of the concern.

[[Page 728]]

    (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 (h)(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 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, and 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 (h)(3)(ii).  A owns a controlling interest in 
Corporation X. A's sister-in-law, B, has a controlling interest in an 
LMDS 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 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 owns, controls, or has the power to 
control less than 50 percent of the concern's voting stock, if the block 
of stock 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 (h)(5).  If company B holds an option to 
purchase a controlling interest in company A, which holds a controlling 
interest in an LMDS applicant, 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.

[[Page 729]]

    Example 2 for paragraph (h)(5).  If a large company, BigCo, holds 70 
percent (70 of 100 outstanding shares) of the voting stock of company A, 
who holds a controlling interest in an LMDS license applicant, 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 (h)(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 or the 
management (or both) of another entity.
    (8) Affiliation through common facilities. Affiliation generally 
arises where one concern shares office space, employees, or other 
facilities (or any combination of the foregoing) 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.
    (10) Affiliation under joint venture arrangements. A joint venture 
for size determination purposes is an association of concerns or 
individuals (or both), 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.
    (11) Exclusion from affiliation coverage. For purposes 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 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 this section, unless such applicant establishes that it 
will not receive a substantial unfair

[[Page 730]]

competitive advantage because significant legal constraints restrict the 
applicant's ability to access such gross revenues.

[62 FR 48795, Sept. 17, 1997]



  Subpart N--Competitive Bidding Procedures for the 38.6-40.0 GHz Band

    Source:  63 FR 6106, Feb. 6, 1998, unless otherwise noted.



Sec. 101.1201  38.6-40.0 GHz subject to competitive bidding.

    Mutually exclusive 38.6-40.0 GHz initial applications are subject to 
competitive bidding. The general competitive bidding procedures found in 
47 CFR Part 1, Subpart Q will apply unless otherwise provided in this 
part.



Sec. 101.1202  Competitive bidding design for 38.6-40.0 GHz licensing.

    The following competitive bidding procedures generally will be used 
in 38.6-40.0 GHz auctions. Additional, specific procedures may be set 
forth by public notice. The Commission also may design and test 
alternative procedures. See 47 CFR Secs. 1.2103 and 1.2104. The 
Commission will employ simultaneous multiple round bidding when choosing 
from among mutually exclusive initial applications to provide 38.6-40.0 
GHz service, unless otherwise specified by the Wireless 
Telecommunications Bureau before the auction.



Sec. 101.1203  Competitive bidding mechanisms.

    (a) Sequencing. The Commission will establish and may vary the 
sequence in which 38.6-40.0 GHz licenses will be auctioned.
    (b) Grouping. The Commission will conduct a series of sequential 
auctions of three channels at a time within each BTA unless the Wireless 
Telecommunications Bureau announces, by Public Notice prior to the 
auction, an alternative auction scheme.
    (c) Minimum bid increments. The Commission will, by announcement 
before or during an auction, require minimum bid increments in dollar or 
percentage terms.
    (d) Stopping rules. The Commission will establish stopping rules 
before or during multiple round auctions in order to terminate an 
auction within a reasonable time.
    (e) 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, each bidder will be entitled to 
request and will be automatically granted a certain number of waivers of 
such rule during the auction.



Sec. 101.1204  Bidding application procedures.

    All applicants to participate in competitive bidding for 38.6-40.0 
GHz licenses must submit applications on FCC Forms 175 pursuant to the 
provisions of Sec. 1.2105 of this Chapter. The Wireless 
Telecommunications Bureau will issue a public notice announcing the 
availability of 38.6-40.0 GHz 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 38.6-40.0 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 need to be submitted, and the location where 
the application must be filed. In addition, each applicant must identify 
its status as a small business or rural telephone company.



Sec. 101.1205  Submission of upfront payments and down payments.

    (a) Each bidder in the 38.6-40.0 GHz auction will be required to 
submit an upfront payment. This upfront payment will be based upon a 
formula established by the Wireless Telecommunications Bureau and 
announced by public notice prior to the auction.
    (b) Each winning bidder in the 38.6-40.0 GHz auction shall make a 
down

[[Page 731]]

payment to the Commission in an amount sufficient to bring its total 
deposits up to 20 percent of its winning bid by a date and time to be 
specified by public notice, generally within ten business days following 
the close of bidding. Full payment of the balance of the winning bids 
shall be paid within ten days after public notice announcing that the 
Commission is prepared to award the license. The grant of the 
application is conditional upon receipt of full payment. The Commission 
generally will grant the license within a reasonable period of time 
after receiving full payment.



Sec. 101.1206  Long-form applications.

    Each winning bidder will be required to submit a long-form 
application. Winning bidders must submit long-form applications within 
ten (10) business days after being notified by Public Notice that it is 
the winning bidder. Long-form applications shall be processed under the 
rules contained in parts 1 and 101 of the Commission's rules.



Sec. 101.1207  Procedures for filing petitions to deny against long-form applications.

    The applicable procedures for the filing of petitions to deny the 
long-form applications of winning bidders contained in Sec. 1.2108 of 
the Commission's rules shall be followed by the applicant (see 47 CFR 
1.2108).



Sec. 101.1208  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. 101.1209(b)(1)(i) 
may use a bidding credit of 25 percent to lower the cost of its winning 
bid on any of the licenses in this part. A winning bidder that qualifies 
as a very small business or a consortium of very small businesses, (as 
defined in Sec. 101.1209(b)(1)(ii) may use a bidding credit of 35 
percent to lower the cost of its winning bid on any of the licenses in 
this part.
    (b) Unjust enrichment. (1) A small business seeking transfer or 
assignment of a license to an entity that is not a small business under 
the definitions in Sec. 101.1209(b)(1)(i) and (ii), will be required to 
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, before transfer will be permitted. The amount of 
this penalty 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: in year three of the license 
term the penalty will be 75 percent; in year four the penalty will be 50 
percent and in year five the penalty will be 25 percent, after which 
there will be no penalty. These penalties must be paid back to the U.S. 
Treasury as a condition of approval of the assignment or transfer.
    (2) If a small business that utilizes a bidding credit under this 
section seeks to assign or transfer control of its license to a small 
business meeting the eligibility standards for lower bidding credits 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 Commission approval and reimburse the 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 as a condition of the approval 
of such assignment, transfer or other ownership change.



Sec. 101.1209  Definitions.

    (a) Scope. The definitions in this section apply to Secs. 101.1201 
through 101.1209, unless otherwise specified in those sections.
    (b) Small business and very small business. (1)(i) A small business 
is an entity that together with its affiliates and persons or entities 
that hold attributable interests in such entity and their affiliates, 
has average gross revenues that are not more than $40 million for the 
preceding three years.
    (ii) A very small business is an entity that together with its 
affiliates and persons or entities that hold attributable interests in 
such entity and their affiliates, has average gross revenues that are 
not more than $15 million for the preceding three years.

[[Page 732]]

    (2) For purposes of determining whether an entity meets either the 
small business or very small business definitions set forth in paragraph 
(b)(1) 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.
    (3) 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 either definition of a small 
business in paragraphs (b)(1) and (b)(2) of this section.
    (c) Rural telephone company. A rural telephone company means 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;
    (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 per cent of its access lines in communities of 
more than 50,000 on the date of enactment of the Telecommunications Act 
of 1996.
    (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 number of 
calendar years preceding January 1, 1996, or, if audited financial 
statements were not prepared on a calendar-year basis, of 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.
    (e) 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 (e)(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

[[Page 733]]

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 (e)(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 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 SMR application. Another shareholder in 
Corporation Y, shareholder B, has a nonattributable interest in the same 
SMR 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 SMR application, Corporation Y would still be deemed an 
affiliate of the applicant.

    (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 (e)(3)(ii). A owns a controlling interest in 
Corporation X. A's sister-in-law, B, has an attributable interest in an 
SMR 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

[[Page 734]]

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 (e)(5). If company B holds an option to 
purchase a controlling interest in company A, who holds an attributable 
interest in an SMR 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 (e)(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 an SMR 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, 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 (e)(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

[[Page 735]]

to the business operation is a significant factor in determining whether 
the business option is a joint venture.
    (ii) The parties to a joint venture are considered to be affiliated 
with each other.
    (11) Exclusion from affiliation coverage. For purposes 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 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 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.

[63 FR 6106, Feb. 6, 1998; 63 FR 10781, Mar. 5, 1998]

[[Page 737]]



    CHAPTER II--OFFICE OF SCIENCE AND TECHNOLOGY POLICY AND NATIONAL 
                            SECURITY COUNCIL




  --------------------------------------------------------------------
Part                                                                Page
201             Executive policy............................         739
202             National Security and emergency preparedness 
                    planning and execution..................         741
211             Emergency restoration priority procedures 
                    for telecommunications services.........         748
212             Procedures for obtaining international 
                    telecommunication service for use during 
                    a wartime emergency.....................         752
213             Government and public correspondence 
                    telecommunications precedence system....         753
214             Procedures for the use and coordination of 
                    the radio spectrum during a wartime 
                    emergency...............................         757
215             Federal Government focal point for 
                    electromagnetic pulse (EMP) information.         759
216             National communications system issuance 
                    system..................................         759

[[Page 739]]



PART 201--EXECUTIVE POLICY--Table of Contents




Sec.
201.0  Background.
201.1  Authority.
201.2  Definitions.
201.3  Policy.

    Authority: 61 Stat. 496 (50 U.S.C. 401); 64 Stat. 798 (50 U.S.C. 
app. 2061); 64 Stat. 1245 (50 U.S.C. app. 2251); 90 Stat. 463 (42 U.S.C. 
6611); E.O. 12046, March 27, 1978 (43 FR 13349; 3 CFR, 1978 Comp., p. 
158); E.O. 12472, April 3, 1984 (49 FR 13471; 3 CFR, 1984 Comp., p. 
193); E.O. 12656, November 18, 1988 (53 FR 47491; 3 CFR, 1988 Comp., p. 
585).

    Source: 55 FR 51056, Dec. 11, 1990, unless otherwise noted.



Sec. 201.0  Background.

    National policy with respect to the conservation, allocation and use 
of the Nation's telecommunications resources during crises and 
emergencies is set forth in Executive Order 12472. The following parts 
of this chapter address specific responsibilities with respect to 
management of telecommunications resources and related procedures which 
bear upon provision, restoration and continuity of telecommunications 
services during crises and emergencies. In doing so, the chapter 
encompasses both national security and emergency preparedness 
activities, consistent with Executive Order 12472. This concept of 
national security and emergency preparedness telecommunications services 
(as defined in Sec. 201.2(g)) includes crises that do not necessarily 
entail serious degradation of, or serious threats to, national security. 
It therefore is a broader concept than the term ``national security 
emergency preparedness activities'' in Executive Order 12656, which 
concerns only national security emergencies, and preparedness activities 
necessarily related to such emergencies.



Sec. 201.1  Authority.

    (a) Authorities and responsibilities related to and bearing upon 
national security and emergency preparedness telecommunications matters 
are set forth in:
    (1) Section 706 of the Communications Act of 1934 (48 Stat. 1104, 47 
U.S.C. 606), as amended.
    (2) The National Security Act of 1947, as amended (61 Stat. 496, 50 
U.S.C. 402).
    (3) The Federal Civil Defense Act of 1950, as amended (50 U.S.C. 
app. 2251 et seq.).
    (4) The Disaster Relief Act of 1974 (42 U.S.C. 5121 et seq.).
    (5) The National Science and Technology Policy, Organization, and 
Priorities Act of 1976 (90 State. 463, 42 U.S.C. 6611).
    (6) Executive Order 12046, ``Relating to the Transfer of 
Telecommunications Functions,'' March 27, 1978 (43 FR 13349; 3 CFR, 1978 
Comp., p. 158).
    (7) Executive Order 12472, ``Assignment of National Security and 
Emergency Preparedness Telecommunications Functions,'' April 3, 1984 (49 
FR 13471; 3 CFR, 1984 Comp., p. 193).
    (b) Authorities to be exercised in the execution and performance of 
emergency functions are subject to the provisions of the National 
Emergencies Act of 1976 (90 Stat. 1255, 50 U.S.C. 1601).



Sec. 201.2  Definitions.

    The following definitions apply herein:
    (a) Communications common carrier, specialized carrier, or carrier 
means any individual, partnership, association, joint stock company, 
trust, or corporation subject to Federal or State regulation engaged in 
providing telecommunications facilities or services, for use by the 
public, for hire.
    (b) Government means Federal, State, county, municipal, and other 
local government authority. Specific qualification will be provided 
whenever reference to a particular level of government is intended.
    (c) Joint Telecommunications Resources Board (JTRB) means that 
organization established by the Director, Office of Science and 
Technology Policy, pursuant to Executive Order 12472 to assist the 
Director, OSTP, in exercising the non-wartime emergency 
telecommunications functions assigned by Executive Order 12472.
    (d) The National Communications System (NCS) means that organization 
established by Executive Order 12472 consisting of the 
telecommunications assets of the entities represented on the NCS 
Committee of Principals and an administrative structure consisting of

[[Page 740]]

the Executive Agent, the NCS Committee of Principals and the Manager. 
The NCS Committee of Principals consists of representatives from those 
Federal departments, agencies or entities, designated by the President, 
which lease or own telecommunications facilities or services of 
significance to national security and emergency preparedness, and, to 
the extent permitted by law, other Executive entities which bear policy, 
regulatory or enforcement responsibilities of importance to national 
security and emergency preparedness telecommunications capabilities. The 
NCS is a confederative arrangement in which member Federal agencies 
participate with their owned and leased telecommunications assets to 
provide necessary communications services for the Federal Government, 
under all conditions, including nuclear war.
    (e) National Coordinating Center (NCC) refers to the joint industry-
government telecommunications entity established by the NCS pursuant to 
Executive Order 12472 to assist in the initiation, coordination, 
restoration and reconstitution of national security and emergency 
preparedness telecommunications services or facilities under all 
conditions of crisis or emergency.
    (f) National priorities means those essential actions and activities 
in which the government and the private sector must become engaged in 
the interests of national survival and recovery.
    (g) National security and emergency preparedness (NS/EP) 
telecommunications services, or NS/EP services, means those 
telecommunication services which are used to maintain a state of 
readiness or to respond to and manage any event or crisis (local, 
national, or international) which causes or could cause injury or harm 
to the population, damage to or loss of property, or degrades or 
threatens the NS/EP posture of the United States.
    (h) NS/EP treatment refers to the provisioning of a 
telecommunications service before others based on the provisioning 
priority level assigned by the Executive Office of the President.
    (i) National Telecommunications Management Structure (NTMS) means a 
survivable and enduring management structure which will support the 
exercise of the war power functions of the President under section 706 
of the Communications Act of 1934 (47 U.S.C. 606), as amended.
    (j) Private sector means those sectors of non-government entities 
that are users of telecommunications services.
    (k) Telecommunications means any transmission, emission, or 
reception of signs, signals, writing, images, graphics, and sounds or 
intelligence of any nature by wire, radio, optical, or other 
electromagnetic systems.
    (l) Telecommunications resources include telecommunications 
personnel, equipment, material, facilities, systems, and services, 
public and private, wheresoever located within the jurisdiction of the 
United States.
    (m) Wartime emergency means a crisis or event which permits the 
exercise of the war power functions of the President under section 706 
of the Communications Act of 1934 (47 U.S.C. 606), as amended.



Sec. 201.3  Policy.

    (a) The Federal Government is responsible for resources 
mobilization, including determination of the need for and the extent of 
mobilization necessary in all crises and emergencies, wartime and non-
wartime.
    (b) The President has limited non-wartime NS/EP telecommunications 
functions, and wartime NS/EP functions under the Communications Act of 
1934 (as amended), which have been delegated to Federal agencies under 
Executive Order 12472. Federal, State, and local governments share the 
responsibility for conservation of the Nation's telecommunications 
resources.
    (1) The achievement of survival and recovery during a crisis or 
emergency would establish an unavoidable interdependence between and 
among Federal, State, and local authorities; therefore, there should be 
no barriers between Federal and State levels of authorities and between 
State and local levels of authorities which would impede, obstruct, or 
otherwise hinder effective conservation and equitable allocation of 
telecommunications resources and services to the needs of the Nation.

[[Page 741]]

    (2) The Federal Government will rely upon State governments and 
their telecommunications management organizations for management or 
control of intrastate carrier services and continuity of 
interconnectivity with interstate carriers to assure that national 
objectives and priorities are properly served. Applicable regulations of 
the Federal Communications Commission govern the extent of the 
allocation of responsibility between Federal and State authorities for 
the management of NS/EP intrastate carrier services and the 
interconnectivity of intrastate services for NS/EP telecommunications 
functions.
    (c) A system of telecommunications service priorities will be 
established which facilitates the provisioning and early restoration of 
services considered vital to national interests during those events or 
crises which warrant NS/EP treatment.
    (d) The President is authorized during, or in anticipation of, an 
emergency or major disaster (as defined in the Disaster Relief Act of 
19/4) to establish temporary telecommunications systems and to make such 
telecommunications available to State and local government officials and 
such other persons as deemed appropriate (42 U.S.C. 5185).
    (e) The President also is authorized, during war, when necessary in 
the interest of national defense and security, to direct or establish 
priorities for essential communications with any commercial or 
governmental carrier and to prevent obstruction of telecommunications. 
The President may also suspend or amend rules and regulations, close 
stations and facilities, and authorize U.S. government use and control 
of telecommunications resources with regard to:
    (1) Radio communications (during war, or Presidentially declared 
threat of war, public peril, disaster or national emergency or a need to 
preserve the neutrality of the U.S.) and
    (2) Wire communications (during war or threat of war).
    (f) During an attack on the United States by an aggressor nation, 
and in an immediate postattack period, all decisions regarding the use 
of telecommunications resources will be directed to the objective of 
national survival and recovery. In order to achieve this objective, 
postattack resources will be assigned to activities concerned with the 
maintenance and saving of lives, immediate military defense and 
response, and economic activities essential to continued economic 
survival and recovery.
    (g) The Director of the Office of Science and Technology Policy will 
serve as the central authority to control, coordinate, and direct the 
activities of the Nation's telecommunications facilities, systems, and 
services during periods of wartime emergency as determined under section 
706 of the Communications Act of 1934 (47 U.S.C. 606), as amended.
    (h) Telecommunications resources of the Federal Government will be 
employed, as required, to best serve the continuity of government and 
national interests.
    (i) Federal agencies will, in the development of emergency 
operational plans, minimize, to the extent feasible, dependence upon 
telecommunications services for continuity of essential operations.



PART 202--NATIONAL SECURITY AND EMERGENCY PREPAREDNESS PLANNING AND EXECUTION--Table of Contents




Sec.
202.0  Objectives.
202.1  Policies.
202.2  Criteria and guidance.
202.3  Plans preparation and execution.

    Authority: 61 Stat. 496 (50 U.S.C. 401); 64 Stat. 798 (50 U.S.C. 
app. 2061); 64 Stat. 1245 (50 U.S.C. app. 2251); 90 Stat. 463 (42 U.S.C. 
6611); E.O. 12046, March 27, 1978 (43 FR 13349; 3 CFR, 1978 Comp., p. 
158); E.O. 11021, May 7, 1962 (27 FR 4409; 3 CFR, 1959-1963 Comp., p. 
600); E.O. 12472, April 3, 1984 (49 FR 13471; 3 CFR, 1984 Comp., p. 
193).

    Source: 55 FR 51058, Dec. 11, 1990, unless otherwise noted.



Sec. 202.0  Objectives.

    (a) During, or in anticipation of, a non-wartime emergency or 
natural disaster, a telecommunications capacity must exist to provide 
temporary telecommunications service to State and local government 
officials and other

[[Page 742]]

persons deemed appropriate by the President.
    (b) In the event of a general war and attack upon the Nation, a 
national telecommunications capability must exist that will support 
telecommunications requirements with respect to national security, 
survival and recovery. The development of survivable telecommunications 
to support essential functions (including an emergency broadcasting 
system), and technical compatibility of signaling methods, transmission 
modes, switching facilities, and terminal devices to permit exchange of 
communications over the surviving media of all systems, government or 
commercial, are crucial elements of such a national capability. In 
addition, a survivable national telecommunications management structure 
is necessary to manage initiation, coordination and restoration of 
telecommunications services. The management structure must include the 
following:
    (1) Legal authority for telecommunications management.
    (2) A control mechanism to manage the initiation, coordination and 
restoration of telecommunications services.
    (3) Procedures to ensure timely damage assessment and allocation of 
residual resources and controlled restoration of services based on 
national policy/direction.
    (4) The capability to execute a telecommunications recovery plan 
based on national policy/guidance.
    (c) Notwithstanding any provision regarding NS/EP Planning and 
Execution, nothing in this part shall be deemed to affect the 
authorities or responsibilities of the Director of the Office of 
Management and Budget, or any Office or official thereof; or reassign 
any function assigned any agency under the Federal Property and 
Administrative Services Act of 1949, as amended, or under any other law, 
or any function vested by law in the Federal Communications Commission.



Sec. 202.1  Policies.

    (a) The telecommunications resources of the Nation will be available 
for government use during crises and emergencies, wartime and non-
wartime, and to satisfy the needs of the public welfare and safety.
    (b) The National Plan for Telecommunications Support in Non-Wartime 
Emergencies provides procedures for planning and using National 
telecommunications assets and resources in support of non-wartime 
emergencies, including those covered by the Disaster Relief Act of 1974, 
in Presidentially declared Emergencies and Major Disasters, 
Extraordinary Situations, and other emergencies.
    (c) An NS/EP Telecommunications Service Priority (TSP) System will 
provide procedures to authorize priority treatment for the provisioning 
and restoration of NS/EP telecommunications services for wartime and 
non-wartime emergencies.
    (d) In wartime emergencies, facilities management will remain 
decentralized to the extent feasible to assure continued flexibility of 
operational response to critical needs, subject to the management 
direction and overriding authority of those officials delegated to act 
for and with the consent of the central point of authority within the 
Federal Government.
    (1) Federally owned, leased, and/or operated telecommunications 
facilities, systems, and networks will be managed during such an 
emergency by the agency normally controlling the facility, system, or 
network except that all operations will be subject to the management 
direction and authority of the officials delegated overall management 
responsibility for Federal Government systems.
    (2) Facilities other than those of the Federal Government, with the 
exception of radio stations in the Aviation Services and certain classes 
of radio stations in the Maritime Services, will be managed by the 
authorized common carrier or other person owning and operating such 
facilities subject to Federal Communications Commission (FCC) guidance 
and direction or in accordance with State or local plans if not subject 
to FCC jurisdiction.
    (3) Radio stations in the Aviation Services and those aboard vessels 
in the Maritime Service will be subject to the control of the Secretary 
of Defense during a national emergency.

[[Page 743]]

    (e) The Director of the Office of Science and Technology Policy is 
the single point of authority within the Federal Government for the 
wartime emergency functions under section 706 of the Communications Act 
(47 U.S.C. 606) with respect to the allocation and use of surviving 
resources in support of national objectives enunciated by the President. 
Authority may be redelegated as necessary and when it can be exercised 
within boundaries established by Presidential authority.
    (f) Radio frequency utilization during a wartime emergency will be 
in accordance with authorizations, assignments, and mobilization plans 
in existence at the onset of the emergency. Subject to the overriding 
control of the Director, OSTP, under the President's War Emergency 
Powers, spectrum management regarding the authorization and assignment 
of radio frequencies will be made by the National Telecommunications and 
Information Administration (NTLA) for the Federal Government, and the 
Director, OSTP, through the FCC, for all other entities subject to the 
Commission's jurisdiction. Radio stations are subject to closure if 
considered a threat to national security.
    (g) Section 706 of the Communications Act of 1934, as amended, 
confers authority to the President in the matter of suspension of all 
rules and regulations pertaining to the use and operation of 
telecommunications facilities, public or private during wartime 
emergencies.



Sec. 202.2  Criteria and guidance.

    NS/EP planning in government and industry with respect to effective 
conservation and use of surviving telecommunications resources in a 
disaster, emergency or postattack period must provide for orderly and 
uninhibited restoration of services by the carriers and authoritative 
control of services allocation which will assure that priority will be 
afforded the most critical needs of government and the private sector 
with respect to these objectives.
    (a) The preservation of the integrity of characteristics and 
capabilities of the Nation's telecommunications systems and networks 
during wartime or non-wartime emergencies is of the utmost importance. 
This can best be accomplished by centralized policy development, 
planning, and broad direction. Detailed operations management will 
remain decentralized in order to retain flexibility in the use of 
individual systems in responding to the needs of national security, 
survival and recovery. Each Federal agency responsible for 
telecommunications systems operations, and the carriers, are responsible 
for planning with respect to emergency operations. Guidance in this 
matter has been issued from a number of sources and contained in:
    (1) Annex C-XI (Telecommunications), Federal Emergency Plan D 
(Classified).
    (2) National Plan for Telecommunications Support in Non-wartime 
Emergencies.
    (3) The National Communications System Management Plan for Annex

C-XI (Telecommunications) Federal Emergency Plan D (Classified).
    (b) The continuity of essential communications services will be 
maintained through the use of controls and operational procedures to 
assure that priority is given to vital services. NS/EP 
telecommunications services entail policies, procedures and 
responsibilities as described in parts 211 and 213 of this chapter.
    (c) The Nation's telecommunications systems facilities are 
vulnerable to physical and radiological damage. Planning factors with 
respect to the resumption of services in a disaster or postattack period 
must consider the probable loss of facilities which formerly provided 
direct and/or alternate intercity services among surviving population 
centers. Since surviving areas and population centers would serve as the 
sources of support to crippled areas of the Nation, the resumption of 
services between and among surviving metropolitan areas will be a high 
priority with the carriers.



Sec. 202.3  Plans preparation and execution.

    Federal authority, substantive provisions, and functional 
responsibilities of the executive office are summarized in the 
following:

[[Page 744]]

    (a) Wartime Emergency Functions. (1) The Assistant to the President 
for National Security Affairs (the National Security Advisor) shall 
provide general policy direction for the exercise of the war power 
functions of the President under section 706 of the Communications Act 
(47 U.S.C. 606), as amended, should the President issue implementing 
instructions in accordance with the National Emergencies Act (50 U.S.C. 
1601).
    (2) The Director of the Office of Science and Technology Policy 
shall direct the exercise of the war power functions of the President 
under section 706(a), (c)-(e) of the Communications Act (47 U.S.C. 606), 
as amended, should the President issue implementing instructions in 
accordance with the National Emergencies Act (50 U.S.C. 1601).
    (b) Non-wartime Emergency Functions. (1) The National Security 
Advisor shall:
    (i) Advise and assist the President in coordinating the development 
of policy, plans, programs and standards within the Federal Government 
for the identification, allocation and use of the Nation's 
telecommunications resources by the Federal Government, and by State and 
local governments, private industry and volunteer organizations, upon 
request, to the extent practicable and otherwise consistent with the 
law, during those crises or emergencies in which the exercise of the 
President's war power functions is not required or permitted by law.
    (ii) Provide policy oversight and direction of the activities of the 
NCS.
    (2) The Director of the Office of Science and Technology Policy 
shall:
    (i) Provide information, advice, guidance and assistance, as 
appropriate, to the President and to those Federal departments and 
agencies with responsibilities for the provision, management or 
allocation of telecommunications resources during those crises or 
emergencies in which the exercise of the President's war power functions 
is not required or permitted by law.
    (ii) Establish a Joint Telecommunications Resources Board (JTRB) to 
assist the Director in providing information, advice, guidance and 
assistance, as appropriate, to the President and to those Federal 
Departments and agencies with responsibilities for the provision, 
management, or allocation of telecommunications resources, during those 
crises or emergencies in which the exercise of the President's war power 
functions is not required or permitted by law.
    (c) Planning and Oversight Responsibilities. (1) The National 
Security Advisor shall advise and assist the President in:
    (i) Coordination and development of policy, plans, programs and 
standards for the mobilization and use of the Nation's commercial, 
government, and privately owned telecommunications resources to meet 
national security and emergency preparedness telecommunications 
requirements.
    (ii) Providing policy oversight and direction of the activities of 
the NCS; and
    (iii) Providing policy oversight and guidance for the execution of 
the responsibilities assigned to the Federal departments and agencies by 
Executive Order 12472.
    (2) The Director of the Office of Science and Technology Policy (or 
a designee) shall:
    (i) Advise and assist the President in the administration of a 
system of radio spectrum priorities for those spectrum dependent 
telecommunications resources of the Federal government which support 
national security and emergency preparedness telecommunications 
functions.
    (ii) Certify or approve priorities for radio spectrum use by the 
Federal government, including the resolution of any conflicts in or 
among priorities under all conditions or crisis or emergency.
    (3) The National Security Advisor, the Director of the Office of 
Science and Technology Policy and the Director of the Office of 
Management and Budget shall, in consultation with the Executive Agent 
for the NCS and the NCS Committee of Principals, determine what 
constitutes national security and emergency preparedness 
telecommunications requirements.
    (4) The Director of the Office of Management and Budget, in 
consultation with the National Security Advisor and

[[Page 745]]

the NCS, will prescribe general guidelines and procedures for reviewing 
the financing of the NCS within the budgetary process and for 
preparation of budget estimates by participating agencies.
    (d) Performance of essential government and public services during a 
national emergency, as defined in section 706 of the Communications Act 
(47 U.S.C. 606), as amended, will require a means for communications 
between government and the private sector, communications essential to 
operations of elements of the national economy, and communications for 
national defense and civil defense purposes. The needs of the private 
sector and those of government should be properly coordinated to ensure 
that responses to each of these communities of interest, government and 
private sector, are appropriately balanced. For this reason, with regard 
to wartime emergency functions, the Director, Office of Science and 
Technology Policy (OSTP), has delegated the responsibility for the 
private sector to the Chairman, Federal Communications Commission (FCC), 
and responsibility for the needs of government to the Executive Agent, 
National Communications System (NCS). A parity of level of authority of 
these officials is established. They will coordinate and negotiate 
telecommunications conflicts with respect to the allocation and use of 
the Nation's telecommunications resources, reporting to the Director on 
unresolved issues which are within the domain of their respective 
responsibilities and authorities.
    (e) In order to support the NS/EP telecommunications needs of the 
Federal government, State and local governments, private industry and 
volunteer organizations, under all circumstances, including those of 
crisis or emergency, the following functions shall be performed:
    (1) The Secretary of Commerce, for all conditions of crisis or 
emergency, shall:
    (i) Develop plans and procedures concerning radio spectrum 
assignments, priorities and allocations for use by Federal departments, 
agencies and entities; and
    (ii) Develop, maintain and publish policy, plans and procedures for 
the control and assignment of radio frequencies, including the authority 
to amend, modify or revoke such assignments, in those parts of the 
electromagnetic spectrum allocated to the Federal Government.
    (2) The Director of the Federal Emergency Management Agency shall:
    (i) Plan for and provide, operate and maintain telecommunications 
services and facilities, as part of its National Emergency Management 
System, adequate to support its assigned emergency management 
responsibilities.
    (ii) Advise and assist State and local governments and volunteer 
organizations, upon request and to the extent consistent with law, in 
developing plans and procedures for identifying and satisfying their NS/
EP telecommunications requirements.
    (iii) Ensure, to the maximum extent practicable, that national 
security and emergency preparedness telecommunications planning by State 
and local governments and volunteer organizations is mutually supportive 
of and consistent with the planning of the Federal Government.
    (iv) Develop, upon request and to the extent consistent with law and 
in consonance with regulations promulgated by and agreements with the 
Federal Communications Commission, plans and capabilities for, and 
provide policy and management oversight of, the Emergency Broadcast 
System, and advise and assist private radio licensees of the Commission 
in developing emergency communications plans, procedures and 
capabilities.
    (v) Act as sponsor for State and local governments' requests for 
telecommunications service priority (TSP) in accordance with the Federal 
Communications Commissions regulations and with procedures in approved 
NCS issuances.
    (3) The Secretary of State, in accordance with assigned 
responsibilities within the Diplomatic Telecommunications Service, shall 
plan for and provide, operate and maintain rapid, reliable and secure 
telecommunications services to those Federal entities represented at 
United States diplomatic missions and consular offices overseas.

[[Page 746]]

This responsibility shall include the provision and operation of 
domestic telecommunications in support of assigned national security and 
emergency preparedness responsibilities.
    (4) The Secretary of Defense shall:
    (i) Plan for and provide, operate and maintain telecommunications 
services and facilities adequate to support the National Command 
Authorities and to execute responsibilities assigned by Executive Order 
12333, December 4, 1981 (46 FR 59941; 3 CFR, 1981 Comp., p. 200).
    (ii) Ensure that the Director of the National Security Agency 
provides the technical support necessary to develop and maintain plans 
adequate to provide for the security and protection of national security 
and emergency preparedness telecommunications.
    (iii) Provide protection for interstate or foreign communication as 
directed by the President when the public interest requires under 
section 706(b) of the Communications Act (47 U.S.C. 606(b)).
    (iv) In consultation with the Secretary of Transportation, develop 
policy, plans and procedures adequate to enable a transfer of control 
over radio stations in the Aviation Service and aboard vessels in the 
Maritime Service to the Department of Defense during a national 
emergency pursuant to Sec. 202.1(b)(3) of these regulations.
    (5) The Attorney General shall, as necessary, review for legal 
sufficiency, including consistency with the antitrust laws, all 
policies, plans or procedures developed pursuant to these regulations.
    (6) The Director, Central Intelligence Agency, shall plan for and 
provide, operate and maintain telecommunications services adequate to 
support the Agency's assigned responsibilities, including the 
dissemination of intelligence within the Federal government.
    (7) Except as otherwise assigned pursuant to these regulations, the 
Administrator of General Services shall ensure that Federally owned or 
managed domestic communications facilities and services meet the NS/EP 
requirements of Federal civilian departments, agencies and entities. The 
Administrator shall perform these responsibilities consistent with 
policy guidance of the Director of the Office of Management and Budget.
    (8) The Secretary of the Interior shall develop and execute 
emergency plans with respect to the administration of telecommunications 
activities in the territorial and trusteeship areas under the 
jurisdiction of the United States and within the responsibility 
previously assigned to him by appropriate laws and other authority.
    (9) The Federal Communications Commission, consistent with its 
statutory authority, shall:
    (i) Review the policies, plans and procedures of all entities 
licensed or regulated by the Commission that are developed to provide 
national security and emergency preparedness telecommunications services 
to ensure that such policies, plans and procedures are consistent with 
the public interest, convenience and necessity.
    (ii) Perform such functions as required by law with respect to all 
entities licensed or regulated by the Commission, including (but not 
limited to) the extension, discontinuance or reduction of common carrier 
facilities or services; the control of common carrier rates, charges, 
practices and classifications; the construction, authorization, 
activation, deactivation or closing of radio stations, services and 
facilities; the assignment of radio frequencies to Commission licensees; 
the investigation of violations of pertinent law and regulation; and the 
initiation of appropriate enforcement actions.
    (iii) Develop policy, plans and procedures adequate to execute the 
responsibilities assigned pursuant to these regulations under all 
conditions of crisis or emergency.
    (iv) Consult as appropriate with authorized officials of the NCS to 
ensure continued coordination of their respective NCS activities.
    (10) The National Communications System (comprised of the Executive 
Agent for the NCS, the NCS Committee of Principals, and the Manager, 
NCS) shall assist the President, the Director of the Office of Science 
and Technology Policy, National Security Advisor and

[[Page 747]]

the Director of the Office of Management and Budget in the exercise of 
national security and emergency preparedness telecommunications 
functions and responsibilities and in the coordination of the planning 
for and provision of national security and emergency preparedness 
communications for the Federal government under all circumstances, 
including crisis or emergency, attack, recovery and reconstitution.
    (11) The Executive Agent for the NCS shall:
    (i) Ensure that the NCS conducts unified planning and operations, in 
order to coordinate the development and maintenance of an effective and 
responsive capability for meeting the domestic and international 
national security and emergency preparedness needs of the Federal 
government.
    (ii) Ensure that the activities of the NCS are conducted in 
conjunction with the emergency management activities of the Federal 
Emergency Management Agency.
    (12) The Manager, NCS shall:
    (i) Develop for consideration by the NCS Committee of Principals and 
the Executive Agent:
    (A) A recommended evolutionary telecommunications architecture 
designed to meet current and future Federal government national security 
and emergency preparedness telecommunications requirements.
    (B) Plans and procedures for the management, allocation and use, 
including the establishment of priorities or preferences, of Federally 
owned or leased telecommunications assets under all conditions of crisis 
or emergency.
    (C) Plans, procedures and standards for minimizing or removing 
technical impediments to the interoperability of government-owned and/or 
commercially provided telecommunications systems.
    (D) Test and exercise programs and procedures for the evaluation of 
the capability of the Nation's telecommunications resources to meet 
national security and emergency preparedness telecommunications 
requirements.
    (E) Alternative mechanisms for funding, through the budget review 
process, NS/EP telecommunications initiatives which benefit multiple 
Federal departments, agencies or entities. Those mechanisms recommended 
by the NCS Committee of Principals and the Executive Agent shall be 
submitted to the Executive Office of the President.
    (ii) Implement and administer any approved plans or programs as 
assigned, including any system of priorities and preferences for the 
provision of telecommunications service, in consultation with the NCS 
Committee of Principals and the Federal Communications Commission, to 
the extent practicable or otherwise required by law or regulation.
    (iii) Implement, with the assistance of appropriate Federal 
agencies, a decentralized National Telecommunications Management 
Structure (NTMS) capable of functioning independently in support of 
appropriate authority within the terms and guidelines delineated in the 
White House approved Implementation Concept.
    (iv) Conduct technical studies or analyses, and examine research and 
development programs, for the purpose of identifying, for consideration 
by the NCS Committee of Principals and the Executive Agent, improved 
approaches which may assist Federal entities in fulfilling national 
security and emergency preparedness telecommunications objectives.
    (v) Develop an NCS Issuance System of official documents to 
implement, establish, guide, describe or explain organizational 
responsibilities, authorities, policies and procedures.
    (13) The NCS Committee of Principals shall:
    (i) Serve as the forum in which each member of the Committee may 
review, evaluate and present views, information and recommendations 
concerning ongoing or prospective national security and emergency 
preparedness telecommunications programs of the NCS and the entities 
represented on the Committee.
    (ii) Serve as the forum in which each member of the Committee shall 
report on and explain ongoing or prospective telecommunications plans 
and programs developed or designed to achieve national security and 
emergency preparedness telecommunications objectives.

[[Page 748]]

    (iii) Provide comments or recommendations, as appropriate, to the 
National Security Council, the Director of the Office of Science and 
Technology Policy, the Director of the Office of Management and Budget, 
the Executive Agent, or the Manager of the NCS, regarding ongoing or 
prospective activities of the NCS.
    (14) All Federal departments and agencies shall:
    (i) Prepare policies, plans and procedures concerning 
telecommunications facilities, services, or equipment under their 
management or operational control to maximize their capability to 
respond to the national security and emergency preparedness needs of the 
Federal Government. Such plans will be prepared, and the operations will 
be executed, in conjunction with the emergency management activities of 
the Federal Emergency Management Agency, and in regular consultation 
with the Executive Agent for the NCS and the NCS Committee of 
Principals.
    (ii) Cooperate with and assist the Executive Agent for the NCS, the 
NCS Committee of Principals, the Manager of the NCS, and other 
departments and agencies in the execution of the functions set forth in 
this regulation, furnishing them such information, support and 
assistance as may be required.



PART 211--EMERGENCY RESTORATION PRIORITY PROCEDURES FOR TELECOMMUNICATIONS SERVICES--Table of Contents




Sec.
211.0  Purpose.
211.1  Authority.
211.2  Definitions.
211.3  Scope and coverage.
211.4  Policy.
211.5  Priorities.
211.6  Submission and processing of restoration priority requests.
211.7  Obligation of carriers.

    Authority: 84 Stat. 2083 and Executive Order 12046, 43 FR, 13349 et 
seq., March 29, 1978.

    Source: 43 FR 50431, Oct. 30, 1978, unless otherwise noted.



Sec. 211.0  Purpose.

    This part establishes policies and procedures under which government 
and private entities will be furnished restoration priorities to insure 
that leased intercity private line telecommunications services vital to 
the national interest will be maintained during the continuance of a war 
in which the United States engaged. It supersedes the Director of 
Telecommunications Management Order of January 15, 1967 (32 FR 791, 47 
CFR 201), which is hereby canceled. To assure the effective ability to 
implement its provisions, and also in order that government and industry 
resources may be used effectively under all conditions ranging from 
national emergencies to international crises, including nuclear attack, 
a single set of rules and procedures is essential, and they must be 
applied on a day-to-day basis so that the priorities they establish can 
be implemented at once when the occasion arises. As provided for in part 
18 of Executive Order 11490, as amended (3 CFR, 1966-1970 Comp., p. 
820), policies, plans, and procedures developed pursuant to the 
Executive order shall be in consonance with the plans and policies 
contained in this part.



Sec. 211.1  Authority.

    (a) Authority to direct priorities for the restoration of 
communications services in national emergencies is vested in the 
President, including authority conferred by section 103 of the National 
Security Act of 1947, as amended (50 U.S.C. 404), section 101 of the 
Defense Production Act of 1950, as amended (50 U.S.C. App. 2070), 
section 201 of the Federal Civil Defense Act of 1950, as amended (50 
U.S.C. App. 2281), section 1 of Reorganization Plan No. 1 of 1958, as 
amended (3 CFR, 1954-1958 Comp., p. 447), and section 606 of the Federal 
Communications Act of 1934, as amended. (47 U.S.C. 606).
    (b) Authority to develop plans policies, and procedures for the 
establishment of such restoration priorities has been delegated to the 
National Security Council, by Executive Orders 11051, 11490, and by the 
President's Memorandum of August 21, 1963 (28 FR 9413, 3 CFR part 858 
(1959-63 comp.)), all as amended by Executive Order 12046, (FR 43, 13349 
et seq.).

[[Page 749]]



Sec. 211.2  Definitions.

    The following definitions apply herein--
    (a) Communications common carrier or carrier means any person gaged 
in communications common carriage for hire, in intrastate, interstate, 
or international telecommunications.
    (b) Circuit means a carrier's specific designation of the overall 
facilities provided between, and including, terminals for furnishing 
service. When service involves network switching, circuit includes those 
circuits between subscriber premises and switching centers (access 
lines) and those between switching centers (trunks).
    (c) Station means transmitting or receiving equipment or combination 
transmitting and receiving equipment, at any location, or any premise, 
connected for private line service.
    (d) Private line service means leased intercity private line service 
provided by carriers for intercity domestic and international 
communications over integrated communications pathways, and includes 
interchange facilities, local channels, and station equipment which may 
be integral components of such communications service.
    (e) Restoration means the recommencement of service by patching, 
rerouting, substitution of component parts, and other means, as 
determined necessary by a carrier.
    (f) Government means Federal, foreign, State, county, municipal, and 
other local government agencies. Specific qualifications will be 
supplied whenever reference to a particular level of government is 
intended, e.g., Federal Government, State government. Foreign Government 
includes coalitions of governments secured by treaty, including NATO, 
SEATO, OAS, UN, and associations of governments or government agencies, 
including the Pan American Union, International Postal Union, and 
International Monetary Fund. Quasi-government includes eleemosynary 
relief organizations, such as the Red Cross organizations.
    (g) National Communications System (NCS) means that system 
established by the President's Memorandum of August 21, 1963, 
``Establishment of a National Communications System'' (28 FR 9413, 3 
CFR, 1959-1963 Comp., p. 858).
    (h) Executive Agent means the Executive Agent of the National 
Communications System.
    (i) Commission means the Federal Communications Commission.



Sec. 211.3  Scope and coverage.

    (a) The priority system and procedures established by this part are 
applicable to:
    (1) U.S. domestic leased intercity private line services, including 
private line switched network services;
    (2) U.S. international leased private line services to the point of 
foreign entry;
    (3) Foreign extensions of U.S. international leased private line 
services to the extent possible through agreement between U.S. carriers 
and foreign correspondents;
    (4) International leased private line services terminating in or 
transiting the United States;
    (5) Federal Government-owned and leased circuits.
    (b) The priority system and procedures established by this part are 
not applicable to operational circuits or order wires of the carriers 
needed for circuit reactivation and maintenance purposes, which shall 
have priority of restoration over all other circuits and shall be exempt 
from interruption for the purpose of restoring priority services.



Sec. 211.4  Policy.

    During the continuance of a war in which the United States is 
engaged and when the provisions of this part are invoked, all 
communications common carriers shall comply with the following 
principles insofar as possible:
    (a) Whenever necessary to maintain or restore a service having a 
designated priority, services having lower priority, lower subpriority, 
or no priority, will be interrupted in the reverse order of priority 
starting with nonpriority services.
    (b) When services are interrupted to restore priority services, 
carriers will endeavor if feasible to notify users of the reason for the 
preemption.
    (c) When public correspondence circuits are needed to satisfy 
requirements for priority services, idle circuits will be selected 
first. A minimum

[[Page 750]]

number of public correspondence circuits shall at all times be kept 
available so as to provide for the transmission of precedence-type 
messages and calls.
    (d) Communications common carriers will not interrupt conversations 
having priority classification except insofar as necessary to restore 
services of higher priority.
    (e) It is recognized that as a practical matter in providing for the 
maintenance or restoration of a priority service or services operating 
within a multiple circuit-type facility (such as a carrier band, cable, 
or multiplex system), lower priority, lower subpriority, or nonpriority 
services on paralleled channels within a band or system may be restored 
concurrently with higher priority services. Such reactivation shall not, 
however, interfere with the expedited restoration of other priority 
services.
    (f) The Executive Agent is authorized to instruct the carriers on 
the percentage of government-switched network intermachine trunks to be 
restored to provide capacity for priority access line traffic.
    (g) The carriers are authorized to honor NCS-certified priorities 
from other authorized carriers for leased facilities.
    (h) The carriers are authorized to honor restoration priorities 
certified by the Executive Agent.
    (i) To ensure the effectiveness of the system of restoration 
priorities established by this part it is essential that rigorous 
standards be applied. Users are requested and directed to examine their 
private line service requirements in light of the criteria specified in 
this part and with regard to the availability of alternate 
communications facilities such as public correspondence message 
services, and Government-owned emergency communications systems.



Sec. 211.5  Priorities.

    There are hereby established four levels of restoration priority. 
Within each level, subpriorities may be established by the Executive 
Agent, with the concurrence of the National Security Council, for both 
government and nongovernment services. The subpriorities categories 
currently in use, which have been established by the Executive Agent 
will remain in effect until modified. Compatibility of subcategories 
applicable to government and nongovernment users is essential to achieve 
the objective of a single restoration priority system.
    (a) Priority 1. Priority 1 shall be the highest level of restoration 
priority, and shall be afforded only to Federal and Foreign Government 
private line services, and to Industrial/Commercial services which are 
designated for prearranged voluntary participation with the Federal 
Government in a national emergency. Circuit requirements in this level 
of priority shall be limited to those esential to national survival if 
nuclear attack occurs for:
    (1) Obtaining or disseminating critical intelligence concerning the 
attack, or immediately necessary to maintain the internal security of 
the United States;
    (2) Conducting diplomatic negotiations critical to the arresting or 
limiting of hostilities;
    (3) Executing military command and control functions essential to 
defense and retaliation;
    (4) Giving warning to the U.S. population;
    (5) Maintaining federal Government functions essential to national 
survival under nuclear attack conditions.
    (b) Priority 2. Priority 2 shall be the second highest level of 
restoration priority, and shall be afforded only to Federal and Foreign 
Government private line services, and to Industrial/Commercial services 
which are designated for prearranged voluntary participation with the 
Federal Government in a national emergency. Circuit requirements in this 
level shall be limited to those essential, at a time when nuclear attack 
threatens, to maintain an optimum defense posture and to give civil 
alert to the U.S. population. These are circuit requirements whose 
unavailability would present serious dangers:
    (1) Reducing significantly the preparedness of U.S. defense and 
retalitory forces;
    (2) Affecting adversely the ability of the United States to conduct 
critical preattack diplomatic negotiations to reduce or limit the threat 
of war;

[[Page 751]]

    (3) Interfering with the effectual direction of the U.S. population 
in the interest of civil defense and survival;
    (4) Weakening U.S. capability to accomplish critical national 
internal security functions;
    (5) Inhibiting the provision of essential Federal Government 
functions necessary to meet a preattack situation.
    (c) Priority 3. Priority 3 shall be the third highest level of 
restoration priority and shall be afforded to government, quais-
government, and Industrial/Commercial private line services: Provided, 
however, That Priority 3 will be afforded circuits serving Industrial/
Commercial, State, county, municipal, and quasi-state and local 
government agencies only where, during an emergency, at least one 
station in the circuit (or in connected circuits if switched service is 
involved) will be manned continually, or where such circuits are 
automated and will be under constant surveillance from a remote 
location. Circuit requirements in this level shall be limited to those 
necessary for U.S. military defense and diplomacy, for law and order, 
and for national health and safety in a national emergency involving 
heightened possibility of hostilities. These are curcuit requirements 
needed to:
    (1) Insure performance of critical logistic functions, public 
utility services, and administrative-military support functions;
    (2) Inform key diplomatic posts of the situation and of U.S. 
intentions;
    (3) Secure and disseminate urgent intelligence;
    (4) Distribute essential food and other supplies critical to health;
    (5) Provide for critical damage control functions;
    (6) Provide for hospitalization;
    (7) Continue critical Government functions;
    (8) Provide transportation for the foregoing activities.
    (d) Priority 4. Priority shall be the fourth highest restoration 
priority and shall be afforded to government, quasi-government, and 
Industrial/Commercial private line services: Provided, however, That 
Priority 4 will be afforded circuits serving Industrial/Commercial, 
State, county, municipal, and quasi-state and local government agencies 
only where, during an emergency, at least one station in the circuit (or 
in connected circuits if switched service is involved) will be manned 
continually, or where such circuits are automated and will be under 
constant surveillance from a remote location. Circuit requirements in 
this level shall be limited to those necessary for the maintenance of 
the public welfare and the national economy in a situation short of 
nuclear attack, or during reconstitution after attack. These include 
circuit requirements needed to continue the more important financial, 
economic, health, and safety activities of the Nation.



Sec. 211.6  Submission and processing of restoration priority requests.

    (a) Except as otherwise provided below, all requests for restoration 
priority assignments will be submitted to the Executive Agent in the 
format prescribed by him for processing and certification.
    (b) Priority 3 and 4 applications from county and municipal 
governments, quasi-state and local government agencies and private 
entites shall be forwarded to the Federal Communications Commission for 
its approval and for certification to the carriers. These submissions 
will be in the form prescribed by the Commission.
    (c) Industrial/Commercial entities designated for prearranged 
voluntary participation with the Federal Government in a national 
emergency should submit separate applications to the Commission when 
requesting the assignment of priorities in category 1 or 2. Such 
assignments will require the approval of the National Security Council 
in order to continue to be effective during a war emergency. In all 
cases the justification for restoration priorities will contain a 
validation statement from the Government agency with whom participation 
is prearranged.
    (d) Requests for restoration priority assignments made by Foreign 
Government agencies, except for NATO, NATO national military authority, 
and such other requests as the Executive Agent may be designated, will 
be submitted to the Department of State for initial

[[Page 752]]

evaluation and review. The Department will forward to the Executive 
Agent for processing and approval such of these requests as it finds 
acceptable.
    (e) Requests for restoration priority assignments made by NATO, NATO 
national military authority, and such other requests as the Executive 
Agent may designate, will be forwarded through established Allied Long 
Lines Agency (ALLA) channels to the Secretary of Defense. The Secretary 
will forward to the Executive Agent for processing and approval such of 
these requests as he finds acceptable pursuant to approved NATO/U.S. 
procedures.
    (f) Requests for temporary upgrading of restoration priority 
assignments occasioned by special critical conditions, including natural 
disasters, heightened diplomatic and political tenseness, and tracking 
and control of manned space operations, may be submitted to the 
Executive Agent together with such information as he may require for 
expedited processing decision.
    (g) All assignments, denials and changes of restoration priorities 
and subpriorities are subject to review and modification by the National 
Security Council.
    (h) When requesting service from the carriers the user must include 
the certified restoration priority on the service authorization.



Sec. 211.7  Obligation of carriers.

    (a) During the continuance of a war in which the United States is 
engaged, and when the provisions of this part are invoked, all carriers 
shall accord restoration priority assignments certified pursuant to this 
part priority over all other circuits.
    (b) To promote the national interest and defense preparedness, 
carriers shall:
    (1) Maintain such records of restoration priority assignments 
certified pursuant to this part as may be necessary to enable prompt 
implementation;
    (2) Enter into agreements, to the extent possible, with their 
foreign correspondents to effect restoration of the foreign portion of 
leased international services in accordance with this part;
    (3) Notify the Executive Agent of foreign correspondent procedures 
affecting Federal Government services that are not reasonably consistent 
with the priority requirements of this part.



PART 212--PROCEDURES FOR OBTAINING INTERNATIONAL TELECOMMUNICATION SERVICE FOR USE DURING A WARTIME EMERGENCY--Table of Contents




Sec.
212.0  Authority.
212.1  Purpose.
212.2  Scope.
212.3  Responsibilities.
212.4  Other requirements.

    Authority: E.O. 12046, 43 FR 13349, Mar. 29, 1978 (3 CFR, 1978 
Comp., p. 158); E.O. 12472, April 3, 1984, (49 FR 13471; 3 CFR, 1984 
Comp., p. 193).

    Source: 55 FR 51061, Dec. 11, 1990, unless otherwise noted.



Sec. 212.0  Authority.

    (a) Authority to establish arrangements to ensure that the NS/EP 
telecommunications needs of all Federal government entities are met in a 
manner consistent, to the maximum extent practicable, with other 
telecommunications policies is contained in Executive Order 12472 and 
Executive Order 12046.
    (b) These procedures are applicable to the communications common 
carriers and non-Federal Government users under the President's 
authority contained in subsection 706(a)-(d) of the Communications Act 
of 1934 (47 U.S.C. 606(a)-(d)), as amended. The authority under 
subsection 706(a) has been delegated by Executive Order 12472 to the 
Director of the Office of Science and Technology Policy, contingent upon 
issuance by the President of implementing instructions in accordance 
with the National Emergencies Act (50 U.S.C. 1601). This authority may 
be exercised only during wartime emergencies.



Sec. 212.1  Purpose.

    The purpose of this part is to provide specific guidance to 
Government and private entities who may have requirements for 
international telecommunication service during wartime emergencies.

[[Page 753]]



Sec. 212.2  Scope.

    The procedures in this part provide guidance for the submission of 
emergency requirements for telecommunication channels from the United 
States to overseas or foreign points. Guidance on this subject was 
previously contained in Annex 2 of DMO 3000.1 and Mobilization Plan IX-
3. Mobilization Plan IX-3 has been canceled.



Sec. 212.3  Responsibilities.

    (a) Executive departments and agencies of the United States, whether 
or not components of the National Communications System, (NCS), shall, 
to the extent permissible by law and consistent with national security, 
submit their international emergency telecommunications requirements to 
the Executive Agent, NCS, for coordination and consolidation of 
mobilization requirements.
    (b) The Department of Defense shall coordinate NATO requirements in 
consonance with approved NATO/U.S. procedures for subsequent processing 
by the Executive Agent, NCS.
    (c) The Department of State shall coordinate and approve foreign 
government telecommunications requirements and forward them to the 
Executive Agent, NCS, for further processing.



Sec. 212.4  Other requirements.

    (a) Government, other than Executive departments and agencies of the 
United States, having need for emergency international telecommunication 
service, shall present their requirements through the appropriate 
sponsor to NCS.
    (b) The private sector, including carriers, having need for 
emergency international telecommunication service, shall present their 
requirements to the Federal Communications Commission (FCC).



PART 213--GOVERNMENT AND PUBLIC CORRESPONDENCE TELECOMMUNICATIONS PRECEDENCE SYSTEM--Table of Contents




Sec.
213.0  Authority.
213.1  Background and purpose.
213.2  Scope.
213.3  Cancellation.
213.4  Definitions.
213.5  Precedence designators.
213.6  Criteria.
213.7  Policies.
213.8  Implementation.

    Authority: Sec. 606, 48 Stat. 1104; 47 U.S.C. 606, E.O. 10705, 3 
CFR, 1954-1958 Comp. E.O. 10995, 3 CFR, 1959-1963 Comp., President's 
Memorandum of August 21, 1963; 3 CFR, 1959-1963 Comp., p. 858; E.O. 
12046, 43 FR 13349, Mar. 29, 1978.

    Source: 43 FR 50434, Oct. 30, 1978, unless otherwise noted.



Sec. 213.0  Authority.

    (a) The voice and message precedence procedures for departments and 
agencies of the Federal Government prescribed by this part are 
prescribed pursuant to Executive Order No. 12046 (43 FR 13349 et seq.) 
and the President's memorandum of August 21, 1963, which established the 
National Communications System (28 FR 9413; 3 CFR, 1959-1963 Comp., p. 
858).
    (b) The procedures applicable to communications common carriers and 
non-Federal Government users prescribed by this part are prescribed by 
authority conferred upon the President by subsection 606(a) of the 
Communications Act of 1934, as amended, and delegated to the National 
Security Council by Executive Order 12046. That authority under section 
606(a) may be exercised only during the continuance of a war in which 
the United States is engaged.



Sec. 213.1  Background and purpose.

    (a) The National Security Council and the Federal Communications 
Commission have agreed upon a precedence system for the expeditious 
handling of messages and calls transmitted over Government and public 
correspondence facilities in all types of situations from peacetime to 
massive nuclear attack. Effectuation of that system requires that the 
Director issue a circular and that the Commission concurrently issue an 
order prescribing the standards, procedures, policies, and regulations 
that together, constitute this single integrated precedence system.
    (b) In conformity with that agreement the National Security Council 
is issuing this circular the purpose of

[[Page 754]]

which is to prescribe, on behalf of the President, that part of those 
standards, procedures, policies, and regulations which are within the 
cognizance of the NSC. No significance should be attached to the fact 
that slightly different terms are used in their circular from those used 
in the companion order of the FCC. Those differences result from 
differences in terms in the basic legal authorities of the director and 
the Commission rather than from an intent to denote a distinction in 
purpose or effect.



Sec. 213.2  Scope.

    The precedence system contained herein is applicable to:
    (a) Users of Government service facilities, whether owned or leased.
    (b) Users of public correspondence service facilities of the 
communication common carriers, to U.S. domestic and international 
communication common carriers, and to the extent possible by agreement 
between the latter and their foreign correspondents.



Sec. 213.3  Cancellation.

    This circular cancels:
    (a) Attachments A and B to Annex 3 of DMO 3000.1, dated November 8, 
1963 (28 FR 12273).
    (b) That portion of the memorandum of the Special Assistant to the 
President for Telecommunications, dated August 27, 1964, pertaining to 
message precedences.



Sec. 213.4  Definitions.

    As used herein:
    (a) Public correspondence services means those services offered to 
the general public for communications between all points served by a 
carrier or by interconnected carriers on a nonexclusive message by 
message or call by call basis, as differentiated from leased private 
line services.
    (b) The term precedence means the order in which messages and calls 
are processed. Transmission of information and call completion is 
therefore to be accomplished in the order required by the precedence 
designator. Any such properly categorized communications precede 
noncategorized communications.
    (c) The term Government where used alone means Federal, foreign, 
State, county, or municipal government agencies. Specific reference will 
be made whenever it is intended to apply to less than the whole, e.g., 
State Government, Federal Government, etc.
    (d) The term Foreign Government includes those foreign diplomatic 
and consular establishments and those coalitions or associations of 
governments such as NATO, SEATO, OAS, UN, and associations of 
governments or governmental agencies such as Pan American Union, 
International Postal Union, International Monetary Fund, and similar 
organizations.
    (e) The term message means a written or other form of record 
communication prepared for transmission and delivery at the destination.
    (f) The term call means a request from a user for a connection to 
another station whether for telephone or record communication.



Sec. 213.5  Precedence designators.

    (a) The following precedence designators are available for 
Government and public correspondence users:


------------------------------------------------------------------------
                                                  Domestic public
            Federal Government                   correspondence and
                                           international telephone calls
------------------------------------------------------------------------
Flash....................................  Flash emergency.
Immediate................................  Immediate emergency.
Priority.................................  Priority emergency.
Routine..................................  (No domestic equivalent.)
------------------------------------------------------------------------

    (b) Government and non-Government users of public correspondence 
services will handle their international messages in accordance with 
current ITU Telegraph Regulations. Government users should note that, 
generally, the only precedence designator available for their use for 
international messages sent over public correspondence circuits if Etat 
Priorite. The ITU Regulations do not contain precedence designators 
which equate to Flash, Immediate, or Priority. Accordingly, Government 
messages whether Flash, Immediate, or Priority precedence when sent over 
international public correspondence circuits will be handled as Etat 
Priorite messages. Thus, Priority messages will receive the same 
treatment in transmission and processing as

[[Page 755]]

Immediate or Flash messages. Conversely, Etat Priorite messages received 
in the United States shall be transmitted and processed in the order of 
receipt, to the extent possible. The precedence designator available for 
non-Government users of public correspondence services is Urgent. The 
Urgent designator is limited for use only during wartime conditions, as 
declared pursuant to section 606 of the Communications Act of 1934.
    (c) Domestic and International U.S. common carriers, insofar as 
practicable by agreement with their foreign correspondents, shall 
endeavor to arrange the proper level of precedence handling of 
international messages and calls originating, terminating in, or 
transiting the United States: Provided, however, That insofar as 
international messages are concerned the level of precedence shall be 
consistent with the International Telecommunication Conventions and 
regulations thereunder.
    (d) The Government designators shall be used throughout the Federal 
Government. All messages and telephone calls sent via public 
correspondence services shall use domestic or international public 
correspondence designators as appropriate. Thus, the responsibility is 
on Government and public correspondence users to recognize and use the 
appropriate designators when using public correspondence services.
    (e) On international telephone calls the carrier's operator will 
convert to the appropriate international designator.



Sec. 213.6  Criteria.

    (a) Flash, Flash Emergency. (1) This is the highest order of 
precedence and shall be strictly limited to Federal and Foreign 
Government agencies.
    (2) Flash, or Flash Emergency telephone calls or messages shall be 
handled in the order received and ahead of all calls or messages except 
as indicated for international messages in ITU Regulations. When 
necessary to obtain a circuit for a Flash, or Flash Emergency call any 
call in progress of a lesser precedence will be interrupted, if 
feasible. Any message of a lesser precedence in the process of 
transmission will be halted, if feasible, to clear the channel for the 
Flash or Flash Emergency transmission. Flash or Flash Emergency 
precedence shall be reserved for calls and messages having an immediate 
bearing on:
    (i) Command and control of military forces essential to defense and 
retaliation.
    (ii) Critical intelligence essential to national survival.
    (iii) Conduct of diplomatic negotiations critical to the arresting 
or limiting of hostilities.
    (iv) Dissemination of critical civil alert information essential to 
national survival.
    (v) Continuity of Federal governmental functions essential to 
national survival.
    (vi) Fulfillment of critical U.S. internal security functions 
essential to national survival.
    (vii) Catastrophic events of national or international significance, 
such as Presidential Action Notices essential to national survival 
during attack or preattack conditions.
    (b) Immediate, Immediate Emergency, Urgent. Immediate, Immediate 
Emergency, or Urgent telephone calls or messages shall be handled as 
fast as possible and ahead of all other calls or messages except those 
having a higher precedence. Any message or call of a lower precedence in 
the process of transmission will be halted, if feasible, to clear the 
channel for this transmission. It will be reserved generally for calls 
or messages pertaining to:
    (1) Situations which gravely affect the security of national and 
allied forces.
    (2) Reconstitution of forces in a postattack period.
    (3) Intelligence essential to national security.
    (4) Conduct of diplomatic negotiations to reduce or limit the threat 
of war.
    (5) Implementation of Federal Government actions essential to 
national survival.
    (6) Situations which gravely affect the internal security of the 
United States.
    (7) Civil defense actions concerning direction of our population and 
its survival.

[[Page 756]]

    (8) Disasters or events of extensive seriousness having an immediate 
and detrimental effect on the welfare of the population.
    (9) Vital information having an immediate effect on aircraft, 
spacecraft, or missile operations.
    (c) Priority, Priority Emergency, Urgent. Priority, Priority 
Emergency, or Urgent messages and calls shall take precedence over 
messages or calls designated Routine, or in the case of common carriers, 
over all nonprecedence traffic. Priority, Priority Emergency, or Urgent 
precedence is generally reserved for calls or messages which require 
expeditious action. Examples are calls or messages pertaining to:
    (1) Information on locations where attack is impending or where fire 
or air support will soon be placed.
    (2) Air-ground integrated operations.
    (3) Important intelligence.
    (4) Important diplomatic information.
    (5) Important information concerning the launch, operation, or 
recovery of spacecraft or missiles.
    (6) Movement of naval, air, and ground forces.
    (7) Coordination between governmental agencies concerning the 
performance of emergency preparedness functions.
    (8) Major civil aircraft accidents.
    (9) Maintaining the public health, safety, and the welfare of our 
population.
    (10) Critical logistic functions, provisions of critical public 
utility services, and administrative military support functions.
    (11) Distributing essential food and supplies critical to health.
    (12) Accomplishing tasks necessary to insure critical damage control 
functions.
    (13) Preparations for adequate hospitalization.
    (14) Continuity of critical Government functions.
    (15) Arranging minimum transportation for accomplishing the 
aforesaid functions.
    (16) Continuing or reestablishing our more important financial, 
economic, health, and safety activities. Producing, procuring, and 
distributing food materials and supplies which are considered necessary 
to the immediate support of a war effort, the national defense, or for 
expediting the means of meeting the effects of natural disasters.
    (17) Prompt delivery of information by press representatives to news 
media organizations and newspapers covering news of national or 
widespread disasters.
    (d) Routine; no domestic equivalent. Routine precedence designation 
applies to those normal day-to-day communications which require rapid 
transmission by telephone or message, but do not require urgent or 
preferential handling.



Sec. 213.7  Policies.

    (a) Calls and messages in each precedence classification above shall 
have no precedence over others within the same classification, except 
where, within the same classification, they cannot be handled 
simultaneously. Then, they shall be handled in the order of their 
receipt.
    (b) Individuals whose requirements qualify them to use the 
precedence system share the responsibility for insuring its 
effectiveness. Users must familiarize themselves with the purposes to be 
served by the use of each precedence designator. It must be remembered 
that the entire system will operate successfully only if the use of the 
precedence designator is limited strictly to the intended purposes. Each 
user must consider whether each message or call requires any special 
precedence and exercise care not to specify a higher precedence than 
circumstances require.
    (c) For public correspondence message services, the domestic or 
international precedence designators shall be shown in full by the 
sender as the first word preceding the name of the addressee.
    (d) For public correspondence call services, the user should first 
attempt to complete the call in the normal manner. In the event the user 
is unable to complete the call and the type of communication falls 
within one of the precedence categories listed herein the call should be 
filed with an operator for completion and the user must specify the 
required precedence handling by stating that this is a Flash Emergency,

[[Page 757]]

Immediate Emergency, or Priority Emergency call, whichever the case may 
be.
    (e) Any apparent misuse of precedence indicators by non-Federal 
Government activities brought to the attention of the communication 
common carriers shall be referred to the FCC on and after-the-fact 
basis.
    (f) Any apparent misuse by Federal Government activities brought to 
the attention of the communication common carriers shall be referred to 
the Executive Agent, National Communications System. The Executive Agent 
will refer any matter which cannot be resolved with the cognizant 
Government activity to the National Security Council, for decision.
    (g) It is essential to provide public message and call capability 
for the transmission of military, governmental, and essential non-
Government precedence messages and calls. Private line services for 
military, governmental, and other essential users are protected under a 
Priority System for Intercity Private Line Services promulgated by the 
FCC (FCC Order 67-51) and the National Security Council. However, during 
national emergencies, military, governmental, and other essential users 
will have additional requirements for prompt completion of precedence 
traffic over public correspondence communication common carrier 
facilities. Therefore, notwithstanding the provisions of the above-
described Priority System for Intercity Private Line Services, 
communication common carriers shall have available a minimum number of 
public correspondence circuits at all times so as to provide for the 
transmission of precedence type messages and calls. Normally, the 
communication common carriers shall use their judgment in determining 
this number of circuits required for public correspondence precedence 
traffic. However, the authority is reserved to the National Security 
Council or the Federal Communications Commission, as appropriate to the 
time and situation, to revise the decisions of the carriers respecting 
the allocation of circuits, and to resolve any questions which are 
referred to them by the carriers or the users.



Sec. 213.8  Implementation.

    Federal departments and agencies are authorized to issue such 
additional orders as are necessary to effect implementation of this 
circular.



PART 214--PROCEDURES FOR THE USE AND COORDINATION OF THE RADIO SPECTRUM DURING A WARTIME EMERGENCY--Table of Contents




Sec.
214.0  Authority.
214.1  Purpose.
214.2  Scope.
214.3  Assumptions.
214.4  Planned actions.
214.5  Responsibilities.
214.6  Postattack procedures and actions.

    Authority: 84 Stat. 2083 and E.O. 12472, April 3, 1984, (49 FR 
13471; 3 CFR, 1984 Comp., p. 193).

    Source: 55 FR 51062, Dec. 11, 1990, unless otherwise noted.



Sec. 214.0  Authority.

    The provisions of this part 214 are issued pursuant to 
Reorganization Plan No. 1 of 1977, 42 FR 56101, 91 Stat. 1633, as 
amended (5 U.S.C. appendix) and Executive Order 12472. This part 214 
replaces Annex 1 of DMO 3000.1, dated November 8, 1963, 28 FR 12273.



Sec. 214.1  Purpose.

    The purpose of this part is to provide guidance for the use of the 
radio spectrum in a period of war, or a threat of war, or a state of 
public peril or other wartime emergency.



Sec. 214.2  Scope.

    This part covers procedures for the use of radio frequencies upon 
proclamation by the President that there exists war, or a threat of war 
or a state of public peril or other wartime emergency or in order to 
preserve the neutrality of the United States. These procedures will be 
applied in the coordination, application for, and assignment of radio 
frequencies upon order of the Director, OSTP. These procedures are 
intended to be consistent with the provisions and procedures contained 
in emergency plans for use of the radio spectrum.

[[Page 758]]



Sec. 214.3  Assumptions.

    When the provisions of this part become operative, Presidential 
emergency authority, including Executive Order 12656, 12472, 12046 (3 
CFR, 1966-1970 Comp., p. 820), and other emergency plans regarding the 
allocation and use of national resources will be in effect. During an 
attack, and in a postattack period, the Director, OSTP, will have 
authority to make new or revised assignments of radio frequencies in 
accordance with authority delegated by the President.



Sec. 214.4  Planned actions.

    (a) Whenever it is determined necessary to exercise, in whole or in 
part, the President's emergency authority over telecommunications, the 
Director, OSTP, will exercise that authority as specified in Executive 
Order 12472 (49 FR 13471; 3 CFR, 1984 Comp., p. 193).
    (b) In this connection, and concurrently with the war or national 
emergency proclamation by the President, the Director will:
    (1) Authorize the continuance of all frequency authorizations issued 
by the National Telecommunications and Information Administration (NTIA) 
and the Federal Communications Commission (FCC), except as they may 
otherwise be modified or revoked by the Director, OSTP, in the national 
interest;
    (2) Redelegate to the Secretary of Defense the authority necessary 
to control the use of the radio spectrum in areas of active combat, 
where such control is necessary to the support of U.S. military 
operations;
    (3) Close all non-government radio stations in the international 
broadcasting service as defined in the FCC rules and regulations, except 
those carrying or scheduled to carry U.S. Government-controlled radio 
broadcasts.



Sec. 214.5  Responsibilities.

    (a) The Director, OSTP, will issue such policy guidance, rules, 
regulations, procedures, and directives as may be necessary to assure 
effective frequency usage during wartime emergency conditions.
    (b) The FCC, in coordination with NTIA, shall issue appropriate 
rules, regulations, orders, and instructions and take such other actions 
not inconsistent with the actions of the Director, OSTP, and the NTIA 
Emergency Readiness Plan for Use of the Radio Spectrum as may be 
necessary to ensure the effective use of those portions of the radio 
spectrum shared by Government and non-governments users.
    (c) The FCC shall assist the Director in the preparation of 
emergency plans pursuant to section 3(h)(3) of Executive Order 12472.
    (d) Each Federal Government agency concerned shall develop and be 
prepared to implement its own plans, and shall make necessary 
preemergency arrangements with non-government entities for the provision 
of desired facilities or services, all subject to the guidance and 
control of the Director.



Sec. 214.6  Postattack procedures and actions.

    (a) The frequency management staff supporting the Director, OSTP, 
comprised of predesignated personnel from the frequency management 
staffs of the government user agencies, NTIA and the FCC, will have 
proceeded to the OSTP relocation site in accordance with alerting orders 
in force.
    (b) Government agencies having need for new radio frequency 
assignments or for modification of existing assignments involving a 
change in the frequency usage pattern shall, unless otherwise provided, 
submit applications therefor to the Director, OSTP, by whatever means of 
communication are available and appropriate, together with a statement 
of any preapplication coordination accomplished. The Director, OSTP, 
will review such applications accomplish the necessary additional 
coordination insofar as practicable, consider all pertinent views and 
comments, and grant or deny, as he shall determine, the assignment of 
such frequencies. All concerned will be informed promptly of his 
decisions.
    (c) Non-Government entities having need for new radio frequency 
assignments or for modifications of existing assignments will continue 
to submit applications therefor to the FCC, or in accordance with FCC 
instructions. Such applications shall be coordinated with the Director, 
OSTP, and granted subject to the approval of the Director, OSTP, or his 
delegate.

[[Page 759]]

    (d) All changes of radio frequency usage within U.S. military 
theaters of operation will be coordinated with the Director, OSTP, where 
harmful interference is likely to be caused to stations authorized to 
operate within the United States and its possessions.
    (e) Where submission to the Director, OSTP, is impracticable, the 
applicant shall:
    (1) Consult the NTIA Emergency Readiness Plan for use of the Radio 
Spectrum and the Government Master File;
    (2) Accomplish such coordination as appropriate and possible;
    (3) Act in such manner as to have a minimum impact upon established 
services, accepting the responsibility entailed in taking the temporary 
action required;
    (4) Advise the Director, OSTP, as soon as possible of the action 
taken, and submit an application for retroactive approval.



PART 215--FEDERAL GOVERNMENT FOCAL POINT FOR ELECTROMAGNETIC PULSE (EMP) INFORMATION--Table of Contents




Sec.
215.0  Purpose and authority.
215.1  Background.
215.2  Assignment of responsibilities.

    Authority: 84 Stat. 2083, and E.O. 12472, April 3, 1984 (49 FR 13471 
et seq.).

    Source: 55 FR 51063, Dec. 11, 1990, unless otherwise noted.



Sec. 215.0  Purpose and authority.

    The purpose of this part is to designate a focal point within the 
Federal Government for electromagnetic pulse (EMP) information 
concerning telecommunications. It is issued pursuant to the authority of 
Reorganization Plan No. 1 of 1977, 42 FR 56101, 91 Stat. 1633, as 
amended (5 U.S.C. appendix), Executive Order 12472, (49 FR 13471; 3 CFR, 
1984 Comp., p. 193), ``Assignment of National Security and Emergency 
Preparedness Telecommunications, April 3, 1984 and Executive Order 
12046, 43 FR 13349, ``Relating to the Transfer of Telecommunications 
Functions,'' May 27, 1978, as amended by Executive Order 12472.



Sec. 215.1  Background.

    (a) The nuclear electromagnetic pulse (EMP) is part of the complex 
environment produced by nuclear explosions. It consists of transient 
voltages and currents which can cause malfunctioning and serious damage 
to electrical and electronic equipment.
    (b) The Defense Nuclear Agency (DNA) is the overall technical 
coordinator for the Army, Navy, Air Force, and DOE laboratories on 
matters concerning nuclear weapons, nuclear weapons effects, and nuclear 
weapons testing. It acts as the focal point between the service 
laboratories and other agencies. The National Communications System 
(NCS), with the Defense Communications Agency (DCA), maintains a data 
base for telecommunications. DCA also provides the primary capability 
for the NCS to conduct telecommunications survivability studies for 
civil and military departments and agencies.
    (c) In order to disseminate among affected Federal agencies 
information concerning the telecommunications effects of EMP and 
available protective measures, and in order to avoid duplication of 
research efforts, it is desirable to designate a focal point within the 
Federal Government for telecommunications EMP matters.



Sec. 215.2  Assignment of responsibilities.

    The Executive Agent, NCS, shall be the focal point within the 
Federal Government for all EMP technical data and studies concerning 
telecommunications. It shall provide such data and the results of such 
studies to all appropriate agencies requesting them. It shall coordinate 
and approve EMP telecommunications tests and studies, and shall keep the 
National Security Advisor

[[Page 760]]

 informed regarding such tests and studies being conducted and planned.



PART 216--NATIONAL COMMUNICATIONS SYSTEM ISSUANCE SYSTEM--Table of Contents




Sec.
216.1  NCS Directives.
216.2  Publication of Directives.

Appendix to Part 216--NCS Directives

    Authority: E.O. 12472, April 3, 1984 (49 FR 13471; 3 CFR, 1984 
Comp., p. 193).



Sec. 216.1  NCS Directives.

    In accordance with Sec. 202.3(c)(12)(v), the Manager, NCS, has 
developed a system of official documents of a referential nature. The 
documents include NCS Directives, which establish and implement 
organizational responsibilities, authorities, policies and procedures of 
a continuing nature. The Directives are issued by the Executive Office 
of the President after approval and/or consideration by the NCS 
Committee of Principals, the Executive Agent for the NCS and the 
Assistant to the President for National Security Affairs.

[55 FR 51063, Dec. 11, 1990]



Sec. 216.2  Publication of Directives.

    (a) We believe, for public awareness and internal administrative 
purposes, that publication of the current directives is worthwhile. The 
appendix to this part includes all current NCS Directives.
    (b) The Directives are arranged numerically. The first of the 
hyphenated letters indicates the subject category: ``1'' for 
``Organization, Membership and Administration;'' ``2'' for ``Plans, 
Programs and Fiscal Management;'' ``3'' for ``Telecommunications 
Operations;'' and ``4'' for ``Technology and Standards.'' The second 
number indicates the sequence of issuance.
    (c) In some instances, the appendixes to the directives consist of 
documents readily accessible elsewhere in the public domain. In the 
interests of brevity, these documents are referenced rather than 
reprinted in full.

[55 FR 51063, Dec. 11, 1990]

                  Appendix to Part 216--NCS Directives

NCS Directive 1-1--Organization, Membership and Administration--National 
          Communications System (NCS) Issuance System
NCS Directive 1-2--Organization, Membership and Administration--National 
          Communications System (NCS) Membership
NCS Directive 2-1--Plans, Programs, and Fiscal Management--National 
          Security Emergency Preparedness (NSEP) Telecommunications 
          Planning Process
NCS Directive 2-2--Plans, Programs, and Fiscal Management--National 
          Level NSEP Telecommunications Program (NLP) Funding
NCS Directive 3-1--Telecommunications Operations--Telecommunications 
          Service Priority (TSP) System for National Security Emergency 
          Preparedness (NSEP)
NCS Directive 3-3--Telecommunications Operations--Shared Resources 
          (SHARES) High Frequency (HF) Radio Program
    Note:  NCS Directives and their appendices are available from 
National Communications System Joint Secretariat (NCS-NJ), Defense 
Communications Agency, Washington, DC 20305-2000

                           [NCS Directive 1-1]

  Organization, Membership and Administration--National Communications 
                      System (NCS) Issuance System

November 30, 1987.

    1. Purpose. This directive establishes the National Communications 
System (NCS) Issuance System, describes the documents comprising the NCS 
Issuance System, and assigns responsibilities and delegates authority 
for implementing and managing that System.
    2. Applicability. This directive is binding upon the Executive 
Agent, NCS; Manager, NCS; NCS Committee of Principals and member 
organizations; and other affected Executive entities.
    3. Authority. Pursuant to the Constitution of the United States and 
other laws cited in Executive Order No. 12472, ``Assignment of National 
Security and Emergency Preparedness Telecommunications Functions,'' 
April 3, 1984; 49 FR 13471 (1984) (see appendix A to this directive), 
the President has established the NCS, which is subject to rules issued 
pursuant to the NCS Issuance System. This directive is issued under the 
authority of Executive Order No. 12472.
    4. Reference. Executive Order No. 12472.
    5. Cancellation. NCS Memorandum 1-63, ``National Communications 
System Publications,'' December 10, 1963, is hereby cancelled.
    6. Definitions.
    a. Binding. Imposing one or more obligations, responsibilities, or 
duties upon affected parties, subject to any overriding Federal 
statutes, executive orders, or other Federal law.
    b. Issue. To put into effect, publish, and distribute an NCS 
issuance after final approval by proper authority.
    c. NCS Issuances. Documents (i.e., NCS directives, circulars, 
manuals, handbooks, and notices; and Office of the Manager, NCS (OMNCS) 
office orders), generally of referential value and broad distribution, 
that implement, establish, guide, describe, or explain

[[Page 761]]

organizational responsibilities, authorities, policies, and procedures. 
Appendix B \1\ provides abbreviated descriptions of types of issuances.
---------------------------------------------------------------------------

    1 Editorial Note: See Sec. 216.2(c) and the note 
following the table of contents for the appendix to part 216.
---------------------------------------------------------------------------

    d. NCS Directive. An issuance used to establish and implement 
organizational responsibilities, authorities, policies, and procedures 
of a continuing nature. Directives are issued by the Director, Office of 
Science and Technology Policy and/or Director, Office of Management and 
Budget, after consideration of the proposed text by the NCS Committee of 
Principals, Executive Agent, NCS, and Assistant to the President for 
National Security Affairs. Directives are binding upon the Executive 
Agent, NCS; Manager, NCS; NCS Committee of Principals and member 
organizations; and other affected Executive entities. Directives remain 
in effect until superseded or cancelled.
    e. NCS Circular. An issuance used for dissemination of subject 
matter either pending incorporation into an NCS directive or requiring 
one-time action. Circulars are issued by the Director, Office of Science 
and Technology Policy and/or Director, Office of Management and Budget, 
after consideration of the proposed text by the NCS Committee of 
Principals, Executive Agent, NCS, and Assistant to the President for 
National Security Affairs. Circulars are binding upon the Executive 
Agent, NCS; Manager, NCS; NCS Committee of Principals and member 
organizations; and other affected Executive entities. Circulars will 
expire after (1) incorporation into a directive, (2) one year from the 
date of issuance, or (3) a specified time period, whichever occurs 
first.
    f. NCS Manual. An issuance used to provide detailed description, 
explanation, or procedural or technical guidance concerning matters 
addressed in NCS directives or circulars. Manuals are issued by the 
Manager, NCS, subject to the provisions of paragraphs 9 d and e of this 
directive. Manuals are binding upon the Executive Agent, NCS; Manager, 
NCS; NCS Committee of Principals and member organizations; and other 
affected Executive entities. Manuals remain in effect until superseded 
or cancelled.
    g. NCS Handbook. An issuance used to provide detailed description, 
explanation, or procedural or technical guidance concerning matters 
addressed in NCS directives, circulars, or manuals. Handbooks are issued 
by the Manager, NCS, normally without consideration by the NCS Committee 
of Principals or Executive Agent. Handbooks are not binding upon the 
Executive Agent, NCS; Manager, NCS; NCS Committee of Principals or 
member organizations; or other affected Executive entities. Handbooks 
remain in effect until superseded or cancelled.
    h. NCS Notice. An issuance used for immediate dissemination of 
subject matter, usually informational, and either pending incorporation 
into an NCS handbook or of transitional interest. Notices are issued by 
the Manager, NCS, or authorized designees, normally without 
consideration by the NCS Committee of Principals or Executive Agent. 
Notices are not binding upon the Executive Agent, NCS; Manager, NCS; NCS 
Committee of Principals or member organizations; or other affected 
executive entities. Notices will expire after (1) incorporation into a 
handbook, (2) one year from the date of dissemination, or (3) a 
specified time period, whichever occurs first.
    i. OMNCS Office Order. An issuance used to implement and provide 
procedural guidance supplementary to NCS and other directives, manuals, 
or authority and outline managerial requirements. Office orders are 
limited to and binding upon the internal operation, administration, and 
personnel of the OMNCS. They are issued by the Manager, NCS, who may 
delegate further this authority, and they remain in effect until 
superseded or cancelled.
    7. Policy. The NCS Issuance System governs the issuance of rules and 
guidance concerning the internal organization, policies, procedures, 
practices, management, and/or personnel of NCS. Such rules and guidance 
will be issued in the form of NCS issuances or changes thereto. Proposed 
changes to an NCS issuance will be processed in the same manner as the 
issuance to which they pertain.
    8. Responsibilities.
    a. NCS member organizations:
    (1) May propose subjects for and develop new issuances, and propose 
changes in existing issuances.
    (2) May review and provide comments regarding proposed NCS 
directives, circulars, and manuals, as desired or authorized by 
paragraph 9e below.
    (3) May consider and comment upon NCS handbooks and notices.
    b. The NCS Committee of Principals and Executive Agent:
    (1) May propose subjects for and develop new issuances, and propose 
changes in existing issuances.
    (2) Will review and provide comments as needed to the Executive 
Office of the President regarding proposed NCS directives and circulars.
    (3) Will consider and approve, and may comment upon, NCS manuals, as 
specified in paragraph 9 below.
    (4) May consider and comment upon NCS handbooks and notices.
    c. The Manager, NCS:
    (1) Will maintain and administer the NCS Issuance System.

[[Page 762]]

    (2) May propose subjects for and develop new issuances, and propose 
changes in existing issuances.
    (3) Will consider, issue, and comment upon, as needed, NCS manuals 
(as specified in paragraph 9 below), handbooks, notices, and OMNCS 
office orders.
    (4) Will forward NCS issuances and any comments thereon to the NCS 
Committee of Principals; Executive Agent, NCS; and/or Executive Office 
of the President, as required.
    9. Delegations of Authority.
    a. The NCS Committee of Principals and Executive Agent are hereby 
delegated the authority to approve NCS manuals, subject to the 
conditions specified below in paragraphs 9 d and e.
    b. The Manager, NCS, is hereby delegated the authority to issue NCS 
manuals, handbooks, and notices.
    c. The Manager, NCS, is hereby delegated the authority to approve 
and issue OMNCS office orders. The Manager may further delegate this 
authority.
    d. NCS manuals will be issued 30 calendar days following 
notification to the NCS Committee of Principals of approval by the 
Committee of Principals and Executive Agent, but only (1) if authorized 
by an NCS directive or circular, and (2) subject to the condition 
specified in paragraph 9e below.
    e. Upon either approval or disapproval of an NCS manual by the 
Committee of Principals and/or Executive Agent, the NCS Executive Agent, 
Manager, Committee of Principals, and member organizations may, within 
30 calendar days after notification to the Committee of Principals of 
such action, submit a written request for review of the manual to the 
Director, Office of Science and Technology Policy; Director, Office of 
Management and Budget; or Assistant to the President for National 
Security Affairs. Any such request will include reasons. Copies of the 
request shall be provided concurrently to the NCS Committee of 
Principals, Executive Agent, and Manager, as necessary. For a period of 
30 calendar days thereafter, any NCS entity may submit comments to the 
Director, Office of Science and Technology Policy; Director, Office of 
Management and Budget; or Assistant to the President for National 
Security Affairs. Any manual under such review may not be issued until 
resolution of the matter in question by (1) direction from the Director, 
Office of Science and Technology Policy, and/or Director, Office of 
Management and Budget, after consideration by the Assistant to the 
President for National Security Affairs; or (2) withdrawal of each 
request for review.
    10. Authorizing Provisions. NCS manuals implementing this directive 
are authorized.
    11. Effective Date. This directive is effective immediately.
    12. Expiration. This directive will remain in effect until 
superseded or cancelled.

                            2 Appendices \2\
---------------------------------------------------------------------------

    \2\ Editorial Note: See Sec. 216.2(c) and the note following the 
table of contents for the appendix to part 216.
---------------------------------------------------------------------------

                      A. Executive Order No. 12472

Director, Office of Science and Technology Policy.
    Dated: November 30, 1987.
Director, Office of Management and Budget.
    Dated: November 17, 1987.
Assistant to the President for National Security Affairs.
    Dated: September 18, 1987.
    Note: Appendix A to NCS Directive 1-1, Executive Order No. 12472 of 
April 3, 1984, is not published in full in the appendix to part 216. The 
text of Executive Order 12472 appears in 49 FR 13471, April 5, 1984, and 
in 3 CFR, 1984 Comp., p. 193.

                           [NCS Directive 1-2]

 Organization, Membership, and Administration--National Communications 
                         System (NCS) Membership

November 30, 1987.

    1. Purpose. This directive identifies the membership of the National 
Communications System (NCS) as designated by the President and assigns 
associated responsibilities.
    2. Applicability. This directive is binding upon the Executive 
Agent, NCS; Manager, NCS; NCS Committee of Principals and member 
organizations; and other affected Executive entities.
    3. Authority. This directive is issued under the authority of 
Executive Order No. 12472, ``Assignment of National Security and 
Emergency Preparedness Telecommunications Functions,'' April 3, 1984; 49 
FR 13471 (1984), and NCS Directive 1-1, ``National Communications System 
(NCS) Issuance System,'' November 30, 1987.
    4. References.
    a. Executive Order No. 12472, ``Assignment of National Security and 
Emergency Preparedness Telecommunications Functions,'' April 3, 1984, 49 
FR 13471 (1984). (The text of this Executive Order is included as 
appendix A to NCS Directive 1-1, ``National Communications System (NCS) 
Issuance System,'' November 30, 1987.) \1\
---------------------------------------------------------------------------

    Editorial Notes:
    \1\ See the note at the end of Directive 1-1.
    \2\ See Sec. 216.2(c) and the note following the table of contents 
for the appendix to part 216.
    \3\ See Sec. 216.2(c) and the note following the table of contents 
for the appendix to part 216.

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

[[Page 763]]

    b. NCS Directive 1-1, ``National Communications System (NCS) 
Issuance System,'' November 30, 1987.
    c. White House Memoranda, subject ``The National Communications 
System,'' dated July 13, 1984 (appendices A and B).\2\
    d. White House Memoranda, subject ``Application of the Department of 
Health and Human Services (HHS) for Membership in the National 
Communications System (NCS),'' dated May 7, 1987 (appendix C).\3\
    e. NCS Manual 1-2-1, ``Bylaws of the National Communications System 
(NCS) Committee of Principals,'' November 30, 1987.
    5. Cancellation. NCS Memorandum 2-63, ``Approval of Initial NCS 
Tasks 1 and 2,'' December 13, 1963; and NCS Memorandum 2-64, 
``Additional Networks Approval for Inclusion in the National 
Communications System,'' December 11, 1964, are hereby cancelled.
    6. Definitions.
    a. Full Member. A representative on the NCS Committee of Principals 
of an organization entitled to unqualified participation, subject to 
Committee bylaws (reference 4e) and prevailing legal authority. 
Organizations represented by full members will be bound by rules and 
other legal authority governing the NCS.
    b. Liaison member. A representative on the NCS Committee of 
Principals of an organization invited by the President to participate, 
without the right to vote on matters before the Committee.
    7. Policy. Active participation in NCS activities by organizations 
represented on the Committee of Principals is critical to effective 
national security emergency preparedness telecommunications. 
Accordingly, each organization represented by a full member should 
detail at least one full-time employee to serve either on the staff of 
the Manager, NCS, or as a resident representative to the NCS' National 
Coordinating Center. Exceptions to this policy may be authorized on a 
case-by-case basis by the Assistant to the President for National 
Security Affairs.
    8. Designated Full Members. The President has designated the 
following Federal entities to participate in the NCS and be represented 
by full members on the Committee of Principals: Department of State; 
Department of the Treasury; Department of Defense; Department of 
Justice; Department of the Interior; Department of Agriculture; 
Department of Commerce; Department of Health and Human Services; 
Department of Transportation; Department of Energy; Central Intelligence 
Agency; Office of the Joint Chiefs of Staff; General Services 
Administration; United States Information Agency; National Aeronautics 
and Space Administration; Veterans Administration; Federal Emergency 
Management Agency; National Security Agency; and National 
Telecommunications and Information Administration.
    9. Invited Participants. The President has invited the Federal 
Communications Commission, Nuclear Regulatory Commission, U.S. Postal 
Service, and Federal Reserve System to participate in the NCS and be 
represented on the Committee of Principals by either liaison or full 
members. Invited participants choosing to be represented by full members 
will be bound by NCS issuances promulgated pursuant to reference 4b.
    10. Responsibilities.
    a. Each organization represented by a full member on the NCS 
Committee of Principals:
    (1) Will accredit the full member as the organization's authorized 
representative in matters before the Committee, including matters 
involving policy, budget, and resources.
    (2) Will participate in all activities of the Committee.
    (3) Should execute a Memorandum of Agreement with the Executive 
Agent or Manager, NCS, to provide personnel and staff support to the 
Office of the Manager, NCS, in accordance with section 3(i)(3) of 
Executive Order No. 12472 and policy established in this directive.
    b. Each organization represented by a liaison member on the 
Committee of Principals:
    (1) May participate as desired in Committee activities.
    (2) Should execute a Memorandum of Agreement with the Executive 
Agent or Manager, NCS, describing the nature and extent of participation 
in the NCS.
    c. The Executive Agent or Manager, NCS, will prepare and execute 
Memoranda of Agreement as described in paragraphs 10 a and b above.
    11. Authorizing Provision. NCS manuals implementing this directive 
are authorized.
    12. Effective Date. This directive is effective immediately.
    13. Expiration. This directive is in effect until superseded or 
cancelled.

Director, Office of Science and Technology Policy.
    Dated: November 30, 1987.
Director, Office of Management and Budget.
    Dated: November 17, 1987.
Assistant to the President for National Security Affairs.
    Dated: September 18, 1987.

                           [NCS Directive 2-1]

  Plans, Programs, and Fiscal Management--National Security Emergency 
         Preparedness (NSEP) Telecommunications Planning Process

September 30, 1988.

    1. Purpose. This directive establishes the interagency process by 
which unified planning is conducted within the National Communications 
System (NCS) to ensure the coordinated development of a responsive and

[[Page 764]]

survivable national telecommunications infrastructure to meet the NSEP 
telecommunications needs of the Federal Government.
    2. Applicability. This directive is binding upon the Executive 
Agent, NCS; Manager, NCS; NCS Committee of Principals and Member 
Organizations; and other affected Executive entities.
    3. Authority. This directive is issued under the provisions of 
Executive Order (E.O.) No. 12472, ``Assignment of National Security and 
Emergency Preparedness Telecommunications,'' April 3, 1984, 49 FR 13471 
(1984) and NCS Directive (NCSD) No. 1-1, ``National Communications 
System (NCS) Issuance System,'' November 30, 1987.
    4. References.
    a. E.O. 12472, ``Assignment of National Security and Emergency 
Preparedness Telecommunications Functions,'' April 3, 1984, 49 FR 13471 
(1984).
    b. NCS Directive 2-2, ``National Level NSEP Telecommunications 
Program (NLP) Funding,'' November 30, 1987.
    c. ``National Security Emergency Preparedness (NSEP) 
Telecommunications Planning Process,'' March 27, 1986, NCS 326/8.\1\
---------------------------------------------------------------------------

    \1\ Editorial Note: See Sec. 216.2(c) and the note following the 
table of contents for the appendix to part 216.
---------------------------------------------------------------------------

    d. White House Memorandum, ``National Communications System (NSEP) 
Telecommunications Planning Process,'' October 11, 1986, (appendix).\2\
    5. Cancellation. NCS Memorandum No. 2-69, ``Interim Procedures for 
Application of Planning--Programming--Budgeting System (PPBS) Features 
in the NCS Planning Process,'' October 31, 1969, is hereby cancelled.
    6. Definitions.
    a. The National Level NSEP Telecommunications Program (NLP). Those 
NSEP telecommunications programs benefiting multiple departments and 
agencies that are to be undertaken within the NCS structure, and the 
accompanying provisions for their shared funding and implementation.
    b. Capability Objectives. That key Planning Process element which 
defines the set of capabilities needed to meet the NSEP 
telecommunication requirements of the Federal Government.
    c. Deficiencies and Priorities. That key Planning Process element 
which identifies shortcomings or shortfalls in existing capabilities 
that inhibit or preclude the satisfaction of Federal NSEP 
telecommunications requirements.
    d. Candidate Initiatives. That key Planning Process element which 
describes actions selected to mitigate identified deficiencies and 
achieve the overall enhancement of NSEP telecommunications capabilities.
    e. Evolutionary NSEP Telecommunications Architecture. That Planning 
Process element which describes the overall structure of 
telecommunications capabilities and resources to support Federal 
government NSEP requirements and the framework for the design, 
evaluation, and integration of NSEP telecommunications initiatives.
    7. Policy. The mission of the NCS is to assist the President, the 
National Security Council (NSC), the Director of the Office of Science 
and Technology Policy (OSTP), and the Director of the Office of 
Management and Budget (OMB) in the exercise of the telecommunications 
functions and responsibilities assigned to them by E.O. 12472, and to 
coordinate the planning for and provision of NSEP telecommunications for 
the Federal government under all circumstances, including crisis or 
emergency, attack, recovery, and reconstitution.
    a. To support the performance of this mission, a unified planning 
process for NSEP telecommunications will be implemented to:
    (1) Establish, on an evolutionary basis, a NSEP telecommunications 
planning mechanism that facilitates the integration of Federal 
government, commercial/private sector, and State/local government 
activities and capabilities;
    (2) Define the capabilities required to support NSEP 
telecommunications needs;
    (3) Identify a set of feasible near- and long-term national level 
NSEP telecommunications initiatives for the achievement of those 
capabilities; and
    (4) Develop, and provide for the effective implementation of, 
approved national level NSEP telecommunications programs.
    b. These planning functions will be carried out within the framework 
of an overall process involving the design and maintenance of an 
evolutionary NSEP telecommunications architecture, and the annual 
development, documentation, review, and approval of capability 
objectives, deficiencies and priorities, candidate initiatives, and a 
National Level Program.
    8. Responsibilities.
    a. Executive Office of the President (EOP).
    (1) Within the EOP, the NSC, in conjunction with OSTP and OMB, will:
    (a) Provide overall policy and program direction for NSEP 
telecommunications planning;
    (b) Provide, after appropriate consultation with the Director of 
Central Intelligence and the Attorney General, a definition of the 
threat for planning purposes;
    (c) Review and validate Capability Objectives;
    (d) Review and provide program planning guidance to the NCS 
regarding Deficiencies and Priorities and Candidate Initiatives; and
    (e) Provide direction for the implementation of the National Level 
Program.
    (2) In addition, the OSTP will also:

[[Page 765]]

    (a) Provide recommendations regarding, and the results of tests, 
exercises, and evaluations;
    (b) Provide recommendations relating to the enhancement of plans and 
procedures for the management of Federal telecommunications resources in 
crises or emergencies.
    (3) As provided for in E.O. 12472, OMB, ``* * * will, in conjunction 
with the National Security Council, provide general guidelines and 
procedures for reviewing the financing of the NCS within the budgetary 
process and for preparation of budget estimates by participating 
organizations. These guidelines and procedures may provide for 
mechanisms for funding, through the budget review process, NSEP 
telecommunications initiatives which benefit multiple departments and 
agencies.
    (4) The NSC, OSTP, OMB and the Executive Agent, NCS, will:
    (a) Review and approve or modify the proposed National Level Program 
developed by the NCS.
    b. The Executive Agent, NCS, will:
    (1) Provide direction for the conduct of NSEP telecommunications 
planning activities and serve as the principal interface between the NCS 
and the EOP;
    (2) Review the Capability Objectives, Deficiencies and Priorities, 
Candidate Initiatives, and the proposed National Level Program and 
forward them, with NCS COP and Executive Agent recommendations, for the 
consideration of the EOP;
    (3) Transmit NSEP Telecommunications planning guidance and direction 
received from the EOP to the Manager, NCS; and
    (4) Oversee the overall planning activities of the NCS.
    c. Individual NCS member organizations * will:
---------------------------------------------------------------------------

    * Certain NCS member organizations are also assigned special 
telecommunications planning responsibilities within the Federal 
Government, e.g., spectrum planning, telecommunications security and 
protection, and diplomatic and intelligence communications planning. 
These organizations will work with the Manager, NCS, to assure that 
their special areas of responsibility are reflected in the National 
Level Program to the maximum extent practicable. For example, FEMA will 
ensure that State/local NSEP telecommunications concerns, activities, 
and capabilities are considered, to the maximum extent practicable, 
within the Planning Process.
---------------------------------------------------------------------------

    (1) Identify their essential emergency functions (EEFs) and NSEP 
telecommunications needs and requirements;
    (2) Describe initiatives being implemented within their 
organizations to improve NSEP telecommunications capabilities;
    (3) Provide any information ** regarding their telecommunications 
operating systems, networks, facilities, plans, and procedures that is 
required for effective NSEP telecommunications planning; and
---------------------------------------------------------------------------

    ** Such information from NCS members organizations will be provided 
to the extent permitted by law and regulation, and with due regard for 
the need to protect classified or otherwise sensitive national security 
or intelligence information.
---------------------------------------------------------------------------

    (4) Recommend and provide budget estimates for candidate national 
level NSEP telecommunications initiatives.
    d. The NCS Committee of Principals (COP) will:
    (1) Review, consider, and provide recommendations regarding NSEP 
Telecommunications Requirements, Capability Objectives, Deficiencies and 
Priorities, Candidate Initiatives, and the proposed National Level 
Program to the Executive Agent and the EOP;
    (2) Assist in the coordination of NSEP telecommunications planning 
activities with other related planning activities and processes; and
    (3) Serve as forum for the evaluation of the National Level Program 
and assessment of the effectiveness of the NSEP Telecommunications 
Planning Process.
    e. The Manager, NCS, will:
    (1) Ensure the annual development and documentation for NSEP 
Telecommunications Planning Process elements based upon NSEP 
telecommunications requirements and threat and policy guidance provided 
by the EOP;
    (2) Develop, for consideration by the NCS COP, the Capability 
Objectives, Deficiencies and Priorities, and Candidate Initiatives and 
forward them for the consideration of the Executive Agent and the EOP;
    (3) Provide annually a proposed National Level Program for the 
consideration of the NCS COP and the Executive Agent;
    (4) Design and maintain the evolutionary NSEP Telecommunications 
Architecture;
    (5) Coordinate planning activities within the NCS structure and 
provide staff support and technical assistance for the overall planning 
effort; and
    (6) Obtain the NSEP telecommunications recommendations of the U.S. 
telecommunications industry through the National Security 
Telecommunications Advisory Committee (NSTAC).
    9. Procedures.
    a. Key NSEP Telecommunications Planning Process elements will be 
developed and considered on an annual basis as follows:
    (1) Capability Objectives will be presented for NCS COP 
consideration by the Manager, NCS; forwarded with NCS COP 
recommendations to the Executive Agent, NCS; and

[[Page 766]]

transmitted with NCS COP and Executive Agent recommendations to the NSC, 
OSTP, and OMB for validation.
    (2) Deficiencies and Priorities will be presented to the NCS COP by 
the Manager, NCS; forwarded with NCS COP recommendations to the 
Executive Agent, NCS; and transmitted with NCS COP and Executive Agent 
recommendations to the NSC, OSTP, and OMB for information and reference.
    (3) Candidate Initiatives will be presented to the NCS COP by the 
Manager, NCS; forwarded with NCS COP recommendations to the Executive 
Agent, NCS, OSTP, and OMB for information and reference.
    (4) A proposed National Level Program will be presented for NCS COP 
consideration in March by the Manager, NCS; forwarded with NCS COP 
recommendations to the Executive Agent, NCS; and transmitted with NCS 
and Executive Agent recommendations to the NSC, OSTP, and OMB for review 
in May.
    b. Preparation of the final National Level Program completes the 
annual planning cycle. However, it does not complete the budgetary 
cycle, which continues until budget requests are submitted to OMB for 
inclusion in the President's Budget. It is anticipated that, following 
consideration and approval of the National Level Program by the EOP, 
approved recommendations will be provided to OMB and the NCS member 
organizations for use in preparation of the President's Budget.
    c. As necessary, the EOP will also provide specific program funding 
and budgetary guidance to the NCS member organizations for the 
development of NSEP telecommunications budget requests.
    10. Authorizing Provision. NCS manuals implementing this directive 
are authorized.
    11. Effective Date. This directive is effective immediately.
    12. Expiration. This directive will remain in effect until 
superseded or cancelled.

                                Appendix:

    White House Memorandum, October 11, 1986 \4\
---------------------------------------------------------------------------

    \4\ Editorial Note: See Sec. 216.2(c), and the note following the 
table of contents for the appendix to part 216.
---------------------------------------------------------------------------

    Director, Office of Science and Technology Policy.

    Dated: January 27, 1989.

    Director, Office of Management and Budget.

    Dated: January 19, 1989.

    Assistant to the President for National Security Affairs.

    Dated: January 19, 1989.

                           [NCS Directive 2-2]

      Plans, Programs, and Fiscal Management--National Level NSEP 
                Telecommunications Program (NLP) Funding

November 30, 1987.

    1. Purpose. This directive establishes policies and procedures and 
assigns responsibilities for the shared funding of approved national 
level national security emergency preparedness (NSEP) telecommunications 
programs and for the preparation and execution of National Level NSEP 
Telecommunications Program (NLP) Funding Memoranda of Agreement and 
funding agreements between NCS member organizations and the Manager, 
NCS.
    2. Applicability. This directive is binding upon the Executive 
Agent, NCS; NCS Committee of Principals; Manager, NCS; those NCS member 
organizations required to share costs of approved NLP programs; and 
other affected Executive entities.
    3. Authority. This directive is issued under the authority of 
Executive Order No. 12472, ``Assignment of National Security and 
Emergency Preparedness Telecommunications Functions,'' April 3, 1984, 49 
FR 13471 (1984), Section 2(e), and NCS Directive 1-1, ``National 
Communications System (NCS) Issuance System,'' November 30, 1987.
    4. Policy. The President has directed that implementation and 
recurring costs for national level NSEP telecommunications programs 
shall be shared on a pro rata basis. Each NCS organization's share of 
such costs shall be determined by its share of NSEP telecommunications 
requirements. The Department of Defense shall fund all development costs 
associated with approved national level NSEP telecommunications 
programs. Agreements shall be executed to govern NLP funding. Compliance 
with this policy is subject to the authorization and appropriation of 
funds by the Congress.
    5. References.
    a. Executive Order No. 12472, ``Assignment of National Security and 
Emergency Preparedness Telecommunications Functions,'' April 3, 1984, 49 
FR 13471 (1984).
    b. National Security Decision Directive (NSDD) 201, ``National 
Security Emergency Preparedness Telecommunications (NSEP) Funding,'' 
December 17, 1985 (appendix A).\1\
---------------------------------------------------------------------------

    \1\ Editorial Note: See Sec. 216.2(c) and the note following the 
table of contents for the appendix to part 216.
---------------------------------------------------------------------------

    c. NCS Directive 2-1, ``National Security Emergency Preparedness 
(NSEP) Telecommunications Planning Process,'' (presently in process).
    6. Definitions.
    a. Shared Funding. The pro rata distribution among NCS member 
organizations of the implementation and recurring costs of

[[Page 767]]

approved national level NSEP telecommunications programs on the basis of 
each organization's NSEP telecommunications requirements.
    b. NSEP Telecommunications Requirements. Initially, those 
telecommunications requirements identified by NCS member organizations 
as part of the NSEP Telecommunications Requirements Analysis directed by 
the Executive Office of the President. Alternative methods for 
determining requirements may be used, subject to approval as prescribed 
in Executive Order No. 12472, section 2(c)(4).
    c. The National Level NSEP Telecommunications Program (NLP). That 
document developed as part of the NSEP Telecommunications Planning 
Process that identifies national level NSEP telecommunications programs 
and accompanying provisions for their shared funding and implementation.
    d. National Level NSEP Telecommunications Programs. Those programs 
that benefit multiple Federal departments, agencies, or entities and:
    (1) Directly enhance national telecommunications infrastructure and 
service capabilities within the framework outlined in Executive Order 
No. 12472, and
    (2) Are undertaken within the administrative structure of the NCS, 
i.e., by the Manager, NCS, NCS Committee of Principals (COP), and 
Executive Agent, NCS, via the NSEP Telecommunications Planning Process, 
and
    (3) Involved acquisition and operations/maintenance costs of 
sufficient magnitude to warrant shared funding.
    e. Development Costs. Those costs (e.g., research, pre-production 
engineering, proof of concept studies and demonstrations, and 
specification development) incurred prior to contract award leading to 
an operational capability.
    f. Implementation Costs. Those costs (e.g., acquisition/procurement, 
production engineering, installation, and nonrecurring lease) incurred 
after contract award leading to an operational capability and prior to 
operational capability being achieved.
    g. Recurring Costs. Those costs (e.g., recurring lease, maintenance, 
operational testing, and termination liability) incurred in support of 
the continuing operations and maintenance associated with national level 
programs.
    h. NLP Funding Memorandum of Agreement (MOA). A memorandum of 
agreement developed between an NCS member organization and the Manager, 
NCS, to implement the provisions of this directive.
    i. Funding Agreements. Funding documents, e.g., Interagency Funding 
Agreements and Vouchers, executed between the Manager, NCS, and NCS 
member organizations to provide for the payment of NLP funds to the 
Manager, NCS.
    7. Responsibilities.
    a. The Office of Management and Budget will provide guidance 
annually to NCS member organizations regarding the incorporation of 
funding for approved national level NSEP telecommunications programs in 
the President's Budget.
    b. The Department of Defense will provide funding for the 
development costs associated with approved national level NSEP 
telecommunications programs.
    c. The Manager, NCS, will:
    (1) Negotiate and execute NLP Funding Memoranda of Agreement and 
Interagency Funding Agreements with those NCS member organizations 
required to share the costs of approved national level NSEP 
telecommunications programs, and
    (2) Oversee the program and financial management of approved 
national level NSEP telecommunications programs, reporting quarterly on 
program status and the expenditure of funds to the NCS Committee of 
Principals.
    d. Each NCS member organization required to share the costs of the 
NLP will:
    (1) Incorporate its respective funding share of approved national 
level NSEP telecommunications programs in its annual budget submission;
    (2) Execute with the Manager, NCS, an NLP Funding Memorandum of 
Agreement after review by the organization's NCS Principal; and
    (3) Execute with the Manager, NCS those funding agreements required 
for payment of funds for approved national level NSEP telecommunications 
programs to the Manager, NCS.
    8. Procedures.
    a. NLP Funding Guidance. The NLP funding guidance required by 
paragraph 7a(1) of this directive will be provided to the NCS entities 
annually by August 1.
    b. NLP Funding Agreements. The shared funding of approved national 
level NSEP telecommunications programs will be accomplished through the 
execution, between NCS member organizations and the Manager, NCS of the 
following:
    (1) An NLP Funding Memorandum of Agreement that, as outlined in the 
model MOA at appendix B, provides for incorporation of the NLP funding 
share in an NCS member organization's budget submission; preparation and 
execution of an Interagency Funding Agreement; and reporting of the NLP 
status. Those NCS organizations required to share the costs of the NLP 
as of the effective date of this directive shall execute such Memoranda 
by September 30, 1987.
    (2) An Interagency Funding Agreement that outlines the scope of work 
to be undertaken as part of the NLP, the associated period of 
performance, the estimated maximum costs, and procedures for submission 
of vouchers for transfers between appropriated

[[Page 768]]

funds. This agreement, which does not constitute an obligation of funds, 
shall be executed by August 31 each year to provide for the payment of 
NLP funds for the following fiscal year.
    (3) Vouchers for Transfers Between Appropriations And/Or Funds 
(Standard Form 1080) forwarded by the Manager, NCS, to the NCS member 
organizations prior to the start of the fiscal year in which NLP funds 
are to be expended. Organizations will effect the payment of funds upon 
receipt of appropriated funds (or Continuing Resolution(s)), subject to 
OMB apportionment of those funds.
    c. NLP Funding Shortfalls. If an NCS member organization is not 
authorized and appropriated the amount of funds necessary to pay its 
share of approved national level NSEP telecommunications programs, the 
Manager, NCS, should also be notified as soon as possible.
    9. Authorizing Provisions. NCS manuals implementing this directive 
are authorized.
    10. Effective Date. This directive is effective immediately.
    11. Expiration Date. This directive will remain in effect until 
superseded or cancelled.

                              2 Appendices

    A. NSDD 201, December 17, 1985 \2\
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    \2\ Editorial Note: See Sec. 216.2(c) and the note following the 
table of contents for the appendix to part 216.
---------------------------------------------------------------------------

    B. Model NLP MOA

    Director, Office of Management and Budget.

    Dated: November 17, 1987.

 Appendix B--Model National Level NSEP Telecommunications Program (NLP) 
                  Funding Memorandum of Agreement (MOA)

    1. Purpose: This Memorandum of Agreement (MOA) defines the 
relationship between and responsibilities of the (name of NCS member 
organization) and the Office of the Manager, NCS (OMNCS), with respect 
to the financial management of national level national security 
emergency preparedness (NSEP) telecommunications programs approved by 
the Executive Office of the President (EOP) in the National Level NSEP 
Telecommunications Program (NLP).
    2. Scope: This MOA is limited to the implementation and recurring 
costs of approved national level NSEP telecommunications programs, 
including termination liability costs, if applicable. Development costs 
will be funded by the Department of Defense.
    3. Background: In April 1984, Executive Order No. 12472, 
``Assignment of National Security and Emergency Preparedness 
Telecommunications Functions,'' established a framework for the funding 
of NSEP telecommunications initiatives by the NCS, providing for:
    a. The prescription, by the Office of Management and Budget (OMB) in 
consultation with the National Security Council (NSC) and the NCS, of 
general guidelines and procedures for reviewing the financing of the NCS 
within the budgetary process, and for the preparation of budget 
estimates by participating agencies.
    b. The determination, by the NSC, the Office of Science and 
Technology Policy (OSTP), and OMB in consultation with the Executive 
Agent, NCS, and the NCS Committee of Principals (COP), of what 
constitutes NSEP telecommunications requirements, and
    c. The determination, by Federal departments and agencies, of their 
NSEP telecommunications requirements and the provision, after 
consultation with the Office of Management and Budget (OMB), of 
resources to support their respective requirements for NSEP 
telecommunications.
    To implement the provisions of Executive Order No. 12472, the 
President directed in National Security Decision Directive (NSDD) 201, 
that ``implementation and recurring costs for national level NSEP 
telecommunications programs (i.e., those which benefit multiple Federal 
departments, agencies or entities) shall be shared on a pro rata basis 
determined by each organization's share of NSEP telecommunications 
requirements.'' The Director, OMB, subsequently instructed the NCS 
member organizations to work with the Manager, NCS, to develop the 
necessary agreements for the payment of member funds to the Office of 
the Manager, NCS (OMNCS).
    4.0  Responsibilities
    4.1  The Office of the Manager, NCS, shall:
    a. Serve as the Office of Primary Responsibility for the financial 
and program management of approved national level NSEP 
telecommunications programs.
    b. Upon approval of national level NSEP telecommunications programs 
and receipt of funding guidance from the EOP, prepare an Interagency 
Funding Agreement necessary to effect the payment of (name of NCS member 
organization) funds to the Manager, NCS. This agreement shall be 
executed by August 31 each year.
    c. Prepare and provide vouchers for transfers between appropriations 
and/or funds (Standard Form 1080) for (name of NCS member organization)
    d. Provide technical, programmatic, and financial management support 
for individual national level NSEP telecommunications programs, 
including the maintenance of financial records and accounting system and 
the update of program plans.
    e. Report quarterly to the NCS COP on the programmatic and financial 
status of approved national level NSEP telecommunications programs.

[[Page 769]]

    f. Advise the (name of NCS member organization) of any significant 
programmatic or financial adjustments/modifications.
    4.2  The (name of NCS member organization) will:
    a. Incorporate its respective funding share of approved national 
level NSEP telecommunications programs in its annual budget submission.
    b. Execute with the Manager, NCS, by August 31 each year the 
Interagency Funding Agreement required for the transfer, payment and/or 
reimbursement of funds for the NLP.
    c. Upon receipt of appropriations (or Continuing Resolution(s)) for 
each applicable fiscal year and subject to OMB apportionment of those 
funds, effect the payment of funds to the Manager, NCS, in accordance 
with Standard Form 1080.
    5.0  Implementation: This MOA is effective upon the date of the 
latest signature. This MOA is subject to periodic review and update as 
circumstances warrant and will terminate upon the mutual agreement of 
the parties. Compliance with this MOA is subject to the authorization 
and appropriation of funds by the Congress.

(Signature)
(Name of Manager, NCS)
(Title of Manager, NCS)
    Date:

(Signature)
(Name of Authorized Official)
(Title of Authorized Official)
(Name of NCS Organization)
    Date:

                           [NCS Directive 3-1]

Telecommunication Operations--Telecommunications Service Priority (TSP) 
       System for National Security Emergency Preparedness (NSEP)

July 5, 1990.

    1. Purpose. This directive implements policy, explains legal and 
regulatory basis, assigns responsibilities, and prescribes procedures 
for the Telecommunications Service Priority (TSP) System for National 
Security Emergency Preparedeness (NSEP).
    2. Applicability.
    a. This directive is binding upon the Executive Agency, NCS; 
Manager, NCS; NCS Committee of Principals and member organizations; and 
other affected Executive entities.
    b. This directive applies to NSEP telecommunication services:
    (1) For which initial or revised priority level assignments are 
requested pursuant to paragraph 12 of this directive.
    (2) Which were assigned restoration priorities under the provisions 
of 47 CFR part 64, appendix A, ``Priority System for the Restoration of 
Common Carrier Provided Intercity Private Line Services,'' 47 CFR part 
211, ``Emergency Restoration Priority Procedures for Telecommunications 
Services,'' and NCS Memorandum 1-68 and are being resubmitted for 
priority level assignments pursuant to paragraph 14 of this directive. 
(Such services will retain assigned restoration priorities until a 
resubmission for a TSP assignment is completed or until the existing RP 
rules are terminated.)
    3. Authority. This directive is issued under the authority of 
section 706 of the Communications Act of 1934, as amended (47 U.S.C. 
606); Executive Order No. 12472, ``Assignment of National Security and 
Emergency Preparedness Telecommunications Functions,'' April 3, 1984, 49 
FR 13471 (1984); NCS Directive 1-1, ``National Communications System 
(NCS) Issuance System,'' November 30, 1987; and 47 CFR part 64, appendix 
A, ``Telecommunications Service Priority (TSP) System for National 
Security Emergency Preparedness (NSEP).''
    4. References.
    a. Communications Act of 1934, as amended (47 U.S.C. 151, et seq.).
    b. Defense Production Act of 1950, as amended (50 U.S.C. appendix, 
section 2061, et seq.).
    c. Disaster Relief Act (42 U.S.C. 5121 et seq.).
    d. Foreign Intelligence Surveillance Act (50 U.S.C. 1801, et seq. 
and 18 U.S.C. 2511, 2518, and 2519).
    e. Title 47, Code of Federal Regulations, part 64, appendix A, 
``Priority System for the Restoration of Common Carrier Provided 
Intercity Private Line Services;'' 47 CFR part 64, appendix A (1980).
    f. Title 47, Code of Federal Regulations, part 64, appendix A, 
``Telecommunications Service Priority (TSP) System for National Security 
Emergency Preparedness (NSEP).''
    g. Defense Priorities and Allocation System (15 CFR part 350).
    h. Executive Order No. 12472, ``Assignment of National Security and 
Emergency Preparedness Telecommunications Functions,'' April 3, 1984, 49 
FR 13471 (1984).
    i. NCS Memorandum 1-68, ``National Communications System (NCS) 
Circuit Restoration Priority System,'' July 18, 1968.\1\
---------------------------------------------------------------------------

    \1\ Editorial Note: See Sec. 216.2(c).
---------------------------------------------------------------------------

    5. Cancellation and/or Supersession. NCS Memorandum 1-68, ``National 
Communications System (NCS) circuit Restoration Priority System,'' July 
18, 1968; NCS circular 55-1, ``Processing Requests for Temporary 
Adjustments to NCS circuit Restoration Priority Assignments,'' July 8, 
1970: and NCS Circular 55-2, ``NCS Data Base,'' November 21, 1977, with 
Change 1, May 30, 1978; are hereby superseded by, and cancelled under 
the authority of this directive on its effective date.
    6. Definitions. See appendix.

[[Page 770]]

    7. Scope of the NSEP TSP System.
    a. Domestic NSEP Services. The NSEP TSP System and procedures 
established in 47 CFR part 64 and in this directive authorize priority 
treatment to the following domestic telecommunication services 
(including portions of U.S. international telecommunication services 
provided by U.S. vendors) for which provisioning or restoration priority 
levels are requested, assigned, and approved in accordance with this 
directive and any implementing manuals:
    (1) Common carrier services which are:
    (a) Interstate or foreign telecommunication services.
    (b) Intrastate telecommunication services inseparable from 
interstate or foreign telecommunications services, and intrastate 
telecommunication services to which priority levels are assigned 
pursuant to paragraph 13 of this directive.
    (Note: Initially, the NSEP TSP System's applicability to public 
switched services is limited to (a) provisioning of such services (e.g., 
business, centrex, cellular, foreign exchange, Wide Area Telephone 
Service (WATS) and other services that the selected vendor is able to 
provision), and (b) restoration of services that the selected vendor is 
able to restore.)
    (2) Services which are provided by government and/or non-common 
carriers and are interconnected to common carrier services assigned a 
priority level pursuant to paragraph 13 of this directive.
    b. Control Services and Orderwires. The NSEP TSP System and 
procedures implemented in this directive are not applicable to authorize 
priority treatment to control services or orderwires owned by a service 
vendor and needed for provisioning, restoration, or maintenance of other 
services owned by that vendor. Such control services and orderwires 
shall have priority of provisioning and restoration over all other 
telecommunication services (including NSEP services) and shall be exempt 
from preemption. However, the NSEP TSP System and procedures implemented 
in this directive are applicable to control services or orderwires 
leased by a service vendor or user from another service vendor.
    c. Other Services. The NSEP TSP System may apply, at the discretion 
of and upon special arrangements by the entities involved, to authorize 
priority treatment to the following telecommunication services:
    (1) Government or non-common carrier services which are not 
connected to common carrier provided services assigned a priority level 
pursuant to paragraph 13 of this directive.
    (2) Portions of U.S. international services which are provided by 
foreign correspondents. (Subject to pertinent law, including references 
4a, 4c, and 4f, U.S. telecommunication service vendors are encouraged to 
ensure that relevant operating arrangements are consistent to the 
maximum extent practicable with the NSEP TSP System. If such agreements 
do not exist, U.S. telecommunication service vendors should handle 
service provisioning and/or restoration in accordance with any system 
acceptable to their foreign correspondents which allows provisioning and 
restoration in the manner most comparable to the procedures established 
in this directive.) In addition, the U.S. government, acting through the 
Department of State, may enter into the following types of agreements to 
ensure that priority provisioning and restoration procedures consistent 
with those governing domestic services within the NSEP TSP System are in 
place: (a) Bilateral agreements for reciprocal priority treatment for 
critical foreign government telecommunication services in the U.S., and 
(b) multilateral agreements within such international telecommunication 
organizations as the North Atlantic Treaty Organization's Allied Long 
Lines Agency or Civil Communications Planning Committee, which have or 
are conducive to having a provisioning and restoration priority system.
    d. Subpriority and Precedence Systems. Service users may implement 
subpriority and/or precedence systems that are consistent, and do not 
conflict with, the NSEP TSP System.
    8. Policy. The NSEP TSP System is the regulatory, administrative, 
and operational system authorizing and providing for priority treatment 
(i.e., provisioning, and restoration) of NSEP telecommunication services 
(see definition in appendix). As such, it establishes the framework for 
NSEP telecommunication service vendors to provision, restore, or 
otherwise act on a priority basis to ensure effective NSEP 
telecommunication services. The NSEP TSP System allows the assignment of 
priority levels to any NSEP service across three time periods, or stress 
conditions: Peacetime/Crisis/Mobilization, Attack/War, and Post-Attack/
Recovery. All requests for priority level assignments will be processed 
through the Manager, NCS. Although priority levels normally will be 
assigned by the Manager, NCS, and retained by service vendors, only for 
the current time period, they may also be preassigned for the other two 
time periods at the request of service users who are able to identify 
and justify, in advance, their wartime or post-attack NSEP 
telecommunication requirements. Absent such preassigned priority levels 
for the Attack/War and Post-Attack/Recovery periods, priority level 
assignments for the Peacetime/Crisis/Mobilization period will remain in 
effect. At all times, priority level assignments will be subject to 
revision by the Federal Communications Commission (FCC); or, on an 
interim basis, the Director, Office of Science and Technology Policy 
(OSTP); and the Manager, NCS, based upon changing NSEP needs. No other 
system of

[[Page 771]]

telecommunication service priorities which conflicts with the NSEP TSP 
System is authorized.
    9. Legal Basis for the NSEP TSP System. The laws and regulations 
authorizing the NSEP TSP System are those cited above in paragraphs 3 
and 4.
    a. Communications Act. Sections 1, 4(i), and 201 thru 205 of the 
Communications Act of 1934 (47 U.S.C., 151, 154(i), and 201 thru 205) 
grant to the FCC the authority over assignment and approval of 
priorities for provisioning and restoration of common carrier-provided 
telecommunication services. Under section 706 of the Communications Act, 
this authority may be superseded, and expanded to include privately 
owned telecommunication services, by the war emergency powers of the 
President of the United States.
    b. Executive Order No. 12472. In Executive Order No. 12472, the 
President tasked the NCS to assist the Director, OSTP, in the exercise 
of the President's war emergency powers. Executive Order No. 12472 also 
directs the Manager, NCS, to assist the Director, OSTP, in executing 
those functions by developing plans and procedures for the management, 
allocation and use (including the establishment of priorities and 
preferences) of federally owned or leased telecommunication assets.
    c. Federal Rules. The FCC and Executive Office of the President 
(EOP) have used their respective authorizations to develop and establish 
the NSEP TSP System as the one uniform system of priorities for the 
provisioning and restoration of NSEP telecommunication services, both 
before and after invocation of the section 706 Presidential war 
emergency powers. The Federal rules governing the NSEP TSP System have 
been promulgated by the FCC and OSTP (on behalf of the EOP) in title 47 
of the Code of Federal Regulations. In those rules, the FCC has 
requested the EOP to administer the NSEP TSP System before the 
invocation of section 706 of the Communications Act, Presidential war 
emergency powers. In this directive, the EOP assigns to the Manager, 
NCS, both this administrative authority to administer the NSEP TSP 
System before, and the President's statutory authority to administer the 
NSEP TSP System after, the invocation of the section 706 Presidential 
war emergency powers.
    d. Defense Production Act. The Defense Production Act of 1950 
authorizes the President to require the priority performance of 
contracts and orders necessary to promote national defense. It also 
authorizes the President to allocate materials and facilities as 
necessary to promote national defense. Pursuant to the Defense 
Production Act, regulations promulgated by the Department of Commerce in 
the Defense Priorities and Allocations System (DPAS) permit the 
assignment of ``priority ratings'' to equipment associated with NSEP 
telecommunication services warranting priority treatment, if they 
support authorized programs under Schedule I of the DPAS.
    e. Contracts. NSEP telecommunication service users may also employ 
contractual mechanisms to obtain the priority provisioning or 
restoration of service, including customer premises equipment and 
wiring. However, any such contractual arrangements must be consistent 
with NSEP TSP System rules and regulations, including any priority order 
of provisioning and restoration assigned in accordance with the NSEP TSP 
System.
    10. Responsibilities.
    a. Federal Communications Commission. As authorized by the 
Communications Act the FCC will:
    (1) Provide regulatory oversight of implementation of the NSEP TSP 
System.
    (2) Enforce NSEP TSP System rules and regulations which are 
contained in 47, CFR, part 64.
    (3) Act as final authority for approval, revision, or disapproval of 
priority actions by the Manager, NCS, and adjudicate disputes regarding 
either priority actions or denials of requests for priority actions by 
the Manager, NCS, until superseded by the President's war emergency 
powers under section 706 of the Communications Act.
    (4) Function (on a discretionary basis) as a sponsoring Federal 
organization. (See paragraph 10d below.)
    b. Director, Office of Science and Technology Policy. The Director, 
OSTP, EOP, will:
    (1) During exercise of the President's war emergency powers under 
section 706 of the Communications Act, act as the final approval 
authority for priority actions or denials of requests for priority 
actions, adjudicating any disputes.
    (2) Provide oversight of Executive branch activities associated with 
the NSEP TSP System, including assignment of priority levels for 
telecommunications service provisioning and restoration across all time 
periods.
    (3) Function (on a discretionary basis) as a sponsoring Federal 
organization. (See paragraph 10d below.)
    c. Manager, NCS. The Manager, NCS, will:
    (1) Implement the NSEP TSP System under the oversight of the FCC and 
Director, OSTP, in consultation with the NCS Committee of Principals.
    (2) Administer the NSEP TSP System, which includes:
    (a) Receiving, processing, and evaluating requests for priority 
actions from service users, or sponsoring Federal government 
organizations on behalf of service users (e.g., Departments of State or 
Defense on behalf of foreign governments, Federal Emergency Management 
Agency on behalf of state and

[[Page 772]]

local governments, and any Federal organization on behalf of private 
industry entities). Action on such requests will be completed within 30 
days of receipt.
    (b) Assigning, revising, revalidating, or revoking priority levels 
as necessary or upon request of service users concerned, and denying 
requests for priority actions as necessary, using paragraph 16 of this 
directive. Under circumstances short of exercise of Presidential war 
emergency powers under section 706 of the Communications Act and time 
permitting, coordinate such changes in priority level assignments in 
advance with requesting and/or affected parties. Action on such requests 
will be completed within 30 days of receipt.
    (c) Maintaining data on priority level assignments.
    (d) Periodically forwarding to the FCC and Director, OSTP, lists of 
priority actions for review and approval.
    (e) Periodically initiating reconciliation.
    (f) Testing and evaluating the NSEP TSP System for effectiveness.
    (g) Conducting audits as necessary. Any Telecommunications Service 
Priority (TSP) System user may request the Manager, NCS to conduct an 
audit. (See the definition of an ``audit'' in appendix A.)
    (h) Issuing, subject to review by the FCC, procedures supplemental 
to and consistent with this directive regarding operation and use of the 
NSEP TSP System.
    (i) Serving as a centralized point-of-contact for collecting and 
disseminating to all interested parties (consistent with requirements 
for treatment of classified and proprietary material) information 
concerning use and abuse of the NSEP TSP System.
    (j) Establishing and assisting a TSP System Oversight Committee to 
identify and review any problems developing in the system and 
recommending actions to correct them or prevent recurrence. In addition 
to representatives of the EOP, representatives from private industry 
(including telecommunication service vendors), state and local 
governments, the FCC, and other organizations may be appointed to the 
committee.
    (k) Reporting at least quarterly to the FCC; Director, OSTP; and TSP 
System Oversight Committee, together with any recommendations for 
action, the operational status of and trends in the NSEP TSP System, 
including:
    (i) Numbers of requests processed for the various priority actions, 
and the priority levels assigned.
    (ii) Relative percentages of services assigned to each priority 
level under each NSEP category and subcategory.
    (iii) Any apparent serious misassignment or abuse of priority level 
assignments.
    (iv) Any existing or developing problem.
    (l) Submitting semi-annually to the FCC; Director, OSTP; and TSP 
System Oversight Committee a summary report identifying the time and 
event associated with each invocation of NSEP treatment under paragraph 
13c of this directive and section 10c of 47 CFR part 64; whether the 
NSEP service requirement was adequately handled; and whether any 
additional charges were incurred. These reports will be due by April 
30th for the preceding July through December and by October 31st for the 
preceding January through June time periods.
    (3) Function (on a discretionary basis) as a sponsoring Federal 
organization. (See paragraph 10d below.)
    d. Sponsoring Federal Organizations. Sponsoring Federal 
organizations will:
    (1) Review and decide whether to sponsor private industry (including 
telecommunication service vendors) requests for priority actions. 
Federal organizations will forward sponsored requests with 
recommendations for disposition to the Manager, NCS. Recommendations 
will be based on paragraph 16 of this directive.
    (2) Forward notification of priority actions or denials of requests 
for priority actions to the requesting private industry entities, for 
disposition.
    (3) Cooperate with the Manager, NCS, during reconciliation, 
revalidation, and audits.
    e. Departments of State and Defense. The Departments of State and 
Defense will, in addition to the responsibilities listed in paragraph 
10h below:
    (1) Review and decide whether to sponsor requests for priority level 
assignments from foreign governments and forward sponsored requests to 
the Manager, NCS, with recommendations for disposition. Recommendations 
will be based on paragraph 16 of this directive and whether or not 
priority treatment is afforded to U.S. NSEP telecommunication service 
requirements in the foreign country concerned.
    (2) Forward notification of priority actions or denials of requests 
for priority actions to the requesting foreign government entities, for 
disposition.
    f. Department of Energy. The Department of Energy will, in addition 
to the responsibilities listed in paragraph 10h below:
    (1) Review and decide whether to sponsor public and private 
interstate power utility company requests for priority actions and 
forward sponsored requests with recommendations for disposition to the 
Manager, NCS. Recommendations will be based on paragraph 16 of this 
directive. This does not preclude public and private power utility 
companies from obtaining sponsorship elsewhere.
    (2) Forward notification of priority actions or denials of requests 
for priority actions to the requesting public and private power utility 
companies for disposition.

[[Page 773]]

    g. Federal Emergency Management Agency. The Federal Emergency 
Management Agency will, in addition to the responsibilities listed in 
paragraph 10h below:
    (1) Review and decide whether to sponsor state and local government 
requests for priority actions and forward sponsored requests with 
recommendations for disposition to the Manager, NCS. Recommendations 
will be based on paragraph 16 of this directive.
    (2) Forward notification of priority actions or denials of requests 
for priority actions to the requesting state and local government 
entities, for disposition.
    h. Federal Organizations. Federal organizations will:
    (1) Ensure that NSEP TSP System users within each organization 
comply with their obligations under the NSEP TSP System.
    (2) Provision and restore government-provided services (which are 
interconnected with commercially provided services assigned a priority 
level pursuant to paragraph 13 of this directive) in accordance with 
NSEP TSP System rules and regulations. (See paragraph 7a(2) of this 
directive.)
    (3) Function (on a discretionary basis) as sponsoring Federal 
organizations for private sector service users (e.g., government 
contractors).
    (4) Cooperate with the Manager, NCS, during reconciliation, 
revalidation, and audits.
    i. Service Users. Service users, or entities acting on their behalf, 
will:
    (1) Identify services requiring priority level assignments and 
request and justify priority level assignments in accordance with this 
directive and any supplemental NCS issuances.
    (2) Justify and revalidate all priority level assignments at least 
every three years.
    (3) For services assigned priority levels, ensure (through 
contractual means or otherwise) availability of customer premises 
equipment and wiring necessary for end-to-end service operation by the 
service due date, and continued operation; and, for such services in the 
Emergency NSEP category, by the time that vendors are prepared to 
provide the services. Additionally, designate the organization 
responsible for the service on an end-to-end basis.
    (4) Be prepared to accept services assigned priority levels by the 
service due dates or, for services in the Emergency NSEP category, when 
they are available.
    (5) Pay vendors any authorized costs associated with services that 
are assigned priority levels.
    (6) Report to vendors any failed or unusable services that are 
assigned priority levels.
    (7) Designate a 24-hour point-of-contact for matters concerning each 
request for priority action and apprise the Manager, NCS.
    (8) Upon termination of services that are assigned priority levels, 
or circumstances warranting revisions in priority level assignment 
(e.g., expansion of service), request and justify revocation or 
revision.
    (9) When NSEP treatment is invoked under paragraph 13c of this 
directive, within 90 days following provisioning of the service 
involved, forward to the Manager, NCS complete information identifying 
the time and event associated with the invocation and regarding whether 
the NSEP service requirement was adequately handled and whether any 
additional charges were incurred.
    (10) Cooperate with the Manager, NCS, during reconciliation, 
revalidation, and audits.
    j. Service Vendors. Service vendors will comply with the provisions 
of 47 CFR part 64. When those provisions are superseded by the 
President's war emergency powers under section 706 of the Communications 
Act, vendors will continue to comply with 47 CFR part 64, subject to 
further direction by Director, OSTP.
    11. Preemption of Existing Services. When necessary to provision or 
restore NSEP services, service vendors may preempt services they provide 
as specified below. ``User,'' as used in this section, means any user of 
a telecommunications service, to include both NSEP and non-NSEP 
services. Prior consent by a preempted user is not required.
    a. The sequence in which existing services may be preempted to 
provision NSEP services assigned a provisioning priority level ``E'' or 
restore NSEP services assigned a restoration priority level from ``1'' 
through ``5'':
    (1) Non-NSEP services: If suitable spare services are not available, 
then, based on the considerations in 47 CFR part 64 and the service 
vendor's best judgement, non-NSEP services will be preempted. After 
ensuring a sufficient number of public switched services will remain 
available for public use, based on the service vendor's best judgement, 
such services may be used to satisfy a requirement for provisioning or 
restoring NSEP services.
    (2) NSEP Services: If no suitable spare or non-NSEP services are 
available, then existing NSEP services may be preempted to provision or 
restore NSEP services with higher priority level assignments. When this 
is necessary, NSEP services will be selected for preemption in the 
inverse order of priority level assignment.
    (3) Service vendors who are preempting services will ensure their 
best effort to notify the service user of the preempted service and 
state the reason for and estimated duration of the preemption.
    b. Service vendors may, based on their best judgement, determine the 
sequence in which existing services may be preempted to provision NSEP 
services assigned a provisioning priority of ``1'' through ``5.'' 
Preemption is not subject to the consent of the user whose service will 
be preempted.

[[Page 774]]

    12. Requests for Priority Actions. All service users are required to 
submit requests for priority actions through the Manager, NCS, in the 
format and following the procedures prescribed by the Manager.
    13. Assignment, Approval, Use, and Invocation of Priority Levels.
    a. Assignment and Approval of Priority Levels and Priority Actions.
    (1) Priority level assignments or other priority actions will be 
based upon section 16, NSEP TSP System Categories, Criteria, and 
Priority Levels, of this directive. A priority level assignment or other 
priority action made by the Manager, NCS, will serve as the 
recommendation of the Director, OSTP (on behalf of the EOP) to the FCC. 
If the Director, OSTP does not approve the priority level assignment or 
other priority action made by the Manager, NCS, then the Director can 
direct the Manager, NCS, to revise or revoke the priority level 
assignment or other priority action.
    (2) Until the President's war emergency powers under Section 706 of 
the Communications Act are invoked, priority level assignments or other 
priority actions must be approved by the FCC. (If the FCC does not 
approve the priority level assignment or other priority action, then it 
can direct the Manager, NCS, to revise or revoke the priority level 
assignment or other priority action.) However, the FCC has instructed 
service vendors to implement any priority level assignments or other 
priority actions that are pending FCC approval.
    (3) After invocation of the President's war emergency powers, the 
requirement for FCC approval of priority level assignments or other 
priority actions may be superseded by other procedures issued by the 
Director, OSTP.
    b. Use of Priority Level Assignments.
    (1) All provisioning and restoration priority level assignments for 
services in the Emergency NSEP category will be included in initial 
service orders to vendors. Provision priority level assignments for 
Essential NSEP services, however, will not usually be included in 
initial service orders to vendors. NSEP treatment for Essential NSEP 
services will be invoked and provisioning priority level assignments 
will be conveyed to service vendors only if the vendors cannot meet 
needed service dates through the normal provisioning process.
    (2) Any revision or revocation of either provisioning or restoration 
priority level assignments will also be transmitted to vendors.
    (3) Service vendors shall accept priority levels and/or revisions 
only after assignment by the Manager, NCS. (Note: Service vendors acting 
as prime contractors for NSEP services will accept assigned NSEP 
priority levels only when they are accompanied by the Manager, NCS 
designated service identification (i.e., TSP Authorization Code). 
However, service vendors are authorized to accept priority levels and/or 
revisions from users and contracting activities before assignment by the 
Manager, NCS when service vendors, users, and contracting activities are 
unable to communicate with either the FCC, Director, OSTP, or the 
Manager, NCS. Processing of Emergency NSEP service requests will not be 
delayed for verification purposes.
    c. Invocation of NSEP Treatment. To invoke NSEP treatment for the 
priority provisioning of an NSEP telecommunications service, an 
authorized Federal official either within, or acting on behalf of, the 
service user's organization must make a written or oral declaration to 
concerned service vendor(s) and the Manager, NCS, that NSEP treatment is 
being invoked. Authorized Federal officials include the head or director 
of a Federal agency, commander of a unified/specified military command, 
chief of a military service, or commander of a major military command; 
the delegates of any of the foregoing; or any other officials as 
specified in supplemental procedures issued by the Manager, NCS. The 
authority to invoke NSEP treatment may be delegated only to a general or 
flag officer of a military service, civilian employee of equivalent 
grade (e.g., Senior Executive Service member), Federal Coordinating 
Officer or Federal Emergency Communications Coordinator/Manager, or any 
other such officials specified in supplemental procedures issued by the 
EOP. Delegates must be designated as such in writing, and written or 
oral invocations must be accomplished, in accordance with supplemental 
procedures issued by the Manager, NCS.
    14. Resubmission of Circuits Presently Assigned Restoration 
Priorities. All circuits assigned restoration priorities must be 
reviewed for eligibility for initial restoration priority level 
assignment under the provisions of this directive. Circuits assigned 
restoration priorities, and for which restoration priority level 
assignments are requested under paragraph 12 of this directive, will be 
resubmitted to the Manager, NCS. To resubmit such circuits, service 
users will comply with applicable provisions of paragraphs 10i and 13 of 
this directive.
    15. Appeal. Service users or sponsoring Federal organizations may 
appeal any priority level assignment, denial, revision, revocation, 
approval, or disapproval to the Manager, NCS within 30 days of 
notification to the service user. The appellant must use the form or 
format required by the Manager, NCS and must serve the FCC with a copy 
of its appeal. The Manager, NCS will act on the appeal within 90 days of 
receipt. Service users and sponsoring Federal organizations may only 
then appeal directly to the FCC. Such FCC appeal must be filed within 30 
days of notification of the Manager, NCS' decision on appeal. 
Additionally, the Manager, NCS

[[Page 775]]

may appeal any FCC revisions, approvals or disapprovals to the FCC. All 
appeals to the FCC must be submitted using the form or format required. 
The party filing its appeal with the FCC must include factual details 
supporting its claim and must serve a copy on the Manager, NCS and any 
other party directly involved. Such party may file a response within 20 
days, and replies may be filed within 10 days thereafter. The Commission 
will not issue public notices of such submissions. The Commission will 
provide notice of its decision to the parties of record. Any appeals to 
the Manager, NCS that include a claim of new information that has not 
been presented before for consideration may be submitted at any time.
    16. NSEP TSP System Categories, Criteria, and Priority Levels.
    a. General. NSEP TSP System categories and criteria, and permissible 
priority level assignments, are defined and explained below.
    (1) The Essential NSEP category has four subcategories (i.e., 
National Security Leadership; National Security Posture and U.S. 
Population Attack Warning; Public Health, Safety, and Maintenance of Law 
and Order; and Public Welfare and Maintenance of National Economic 
Posture). Each subcategory has its own criteria. Criteria are also shown 
for the Emergency NSEP category, which has no subcategories.
    (2) Priority levels of ``1,'' ``2,'' ``3,'' ``4,'' and ``5'' may be 
assigned for provisioning and/or restoration of Essential NSEP 
telecommunication services. However, for Emergency NSEP 
telecommunication services, a priority level ``E'' is assigned for 
provisioning. A restoration priority level from ``1'' through ``5'' may 
be assigned if an Emergency NSEP service also qualifies for such a 
restoration priority level under the Essential NSEP category.
    (3) The NSEP TSP System allows the assignment of priority levels to 
any NSEP telecommunications service across three time periods, or stress 
conditions: Peacetime/Crisis/Mobilization, Attack/War, and Post-Attack/
Recovery. Priority levels will normally be assigned only for the first 
time period. These assigned priority levels will apply through the onset 
of any attack, but it is expected that they would later be revised by 
surviving authorized telecommunication resource managers within the 
Executive Office of the President based upon specific facts and 
circumstances arising during the Attack/War and Post-Attack/Recovery 
time periods.
    (4) Service users may, for their own internal use, assign 
subpriorities to their services assigned priority levels. Receipt of and 
response to any such subpriorities is optional for service vendors.
    (5) The following paragraphs provide a detailed explanation of the 
categories, subcategories, criteria, and priority level assignments, 
beginning with the Emergency NSEP category.
    b. Emergency NSEP. Telecommunication services in the Emergency NSEP 
category are those new services so critical as to be required to be 
provisioned at the earliest possible time, without regard to the costs 
of obtaining them.
    (1) Criteria. To qualify under the Emergency NSEP category, the 
service must meet the criteria of directly supporting or resulting from 
at least one of the following NSEP functions:
    (a) Federal government activity responding to a Presidentially 
declared disaster or emergency as defined in the Disaster Relief Act (42 
U.S.C. 5122).
    (b) State or local government activity responding to a 
Presidentially, state, or locally declared disaster or emergency.
    (c) Response to a state of crisis declared by the National Command 
Authorities (e.g., exercise of presidential war emergency powers under 
Section 706 of the Communications Act, supra).
    (d) Efforts to protect endangered U.S. personnel or property.
    (e) Response to an enemy or terrorist action, civil disturbance, 
natural disaster, or any other unpredictable occurrence that has damaged 
facilities whose uninterrupted operation is critical to NSEP or the 
management of other ongoing crises.
    (f) Certification by the head or director of a Federal agency, 
commander of a unified/specified command, chief of a military service, 
or commander of a major military command, that the telecommunications 
service is so critical to protection of life and property or to NSEP 
that it must be provided immediately.
    (g) A request from an official authorized pursuant to the Foreign 
Intelligence Surveillance Act (50 U.S.C. 1801 et seq. and 18 U.S.C. 
2511, 2518, 2519).
    (2) Priority Level Assignment.
    (a) Services qualifying under the Emergency NSEP category are 
assigned priority level ``E'' for provisioning.
    (b) After 30 days, assignments of provisioning priority level ``E'' 
for Emergency NSEP services are automatically revoked unless extended 
for another 30-day period. A notice of any such revocation will be sent 
to service vendors.
    (c) For restoration, Emergency NSEP services may be assigned 
priority levels under the provisions applicable to Essential NSEP 
services (see paragraph 16.c.). Emergency NSEP services not otherwise 
qualifying for restoration priority level assignment as Essential NSEP 
may be assigned a restoration priority level ``5'' for a 30-day period. 
Such 30-day restoration priority level assignments will be revoked 
automatically unless extended for another 30-day period. A notice of

[[Page 776]]

any such revocation will be sent to service vendors.
    c. Essential NSEP. Telecommunication services in the Essential NSEP 
category are those required to be provisioned by due dates specified by 
service users, or restored promptly, normally without regard to 
associated overtime or expediting costs. They may be assigned priority 
levels of ``1,'' ``2,'' ``3,'' ``4,'' or ``5'' for both provisioning and 
restoration, depending upon the nature and urgency of the supported 
function, the impact of a lack of service or service interruption upon 
the supported function, and, for priority access to public switched 
services, the user's level of responsibility. Priority level assignments 
will be valid for no more than three years unless revalidated. To be 
categorized as Essential NSEP, a telecommunications service must qualify 
under one of the four subcategories described below: National Security 
Leadership; National Security Posture and U.S. Population Attack 
Warning; Public Health, Safety, and Maintenance of Law and Order; or 
Public Welfare and Maintenance of the National Economic Posture. (Note: 
Under emergency circumstances, Essential NSEP telecommunication services 
may be recategorized as Emergency NSEP and assigned a priority level 
``E'' for provisioning.)
    (1) National Security Leadership. This subcategory will be strictly 
limited to only those telecommunication services essential to national 
survival if nuclear attack threatens or occurs, and critical orderwire 
and control services necessary to ensure the rapid and efficient 
provisioning or restoration of other NSEP telecommunication services. 
Services in this subcategory are those for which a service interruption 
of even a few minutes would have serious adverse impact upon the 
supported NSEP function.
    (a) Criteria. To qualify under this subcategory, a service must be 
at least one of the following:
    (i) Critical orderwire, or control service, supporting other NSEP 
functions.
    (ii) Presidential communications service critical to continuity of 
government and national leadership during crisis situations.
    (iii) National Command Authority communications service for military 
command and control critical to National survival.
    (iv) Intelligence communications service critical to warning of 
potentially catastrophic attack.
    (v) Communications service supporting the conduct of diplomatic 
negotiations critical to arresting or limiting hostilities.
    (b) Priority Level Assignment. Services under this subcategory will 
normally be assigned, during Peacetime/Crisis/Mobilization, priority 
level ``1'' for provisioning and restoration.
    (2) National Security Posture and U.S. Population Attack Warning. 
This subcategory covers those minimum additional telecommunication 
services essential to maintaining an optimum defense, diplomatic, or 
continuity-of-government posture before, during, and after crisis 
situations. Such situations are those ranging from national emergencies 
to international crises, including nuclear attack. Services in this 
subcategory are those for which a service interruption ranging from a 
few minutes to one day would have serious adverse impact upon the 
supported NSEP function.
    (a) Criteria. To qualify under this subcategory, a service must 
support at least one of the following NSEP functions:
    (i) Threat assessment and attack warning.
    (ii) Conduct of diplomacy.
    (iii) Collection, processing, and dissemination of intelligence.
    (iv) Command and control of military forces.
    (v) Military mobilization.
    (vi) Continuity of Federal government before, during, and after 
crisis situations.
    (vii) Continuity of state and local government functions supporting 
the Federal government during and after national emergencies.
    (viii) Recovery of critical national functions after crisis 
situations.
    (ix) National space operations.
    (b) Priority Level Assignment. Services under this subcategory will 
normally be assigned, during Peacetime/Crisis/Mobilization, priority 
levels ``2,'' ``3,'' ``4,'' or ``5'' for provisioning and restoration.
    (3) Public Health, Safety, and Maintenance of Law and Order. This 
subcategory covers the minimum number of telecommunication services 
necessary for giving civil alert to the U.S. population and maintaining 
law and order and the health and safety of the U.S. population in times 
of any national, regional, or serious local emergency. These services 
are those for which a service interruption ranging from a few minutes to 
one day would have serious adverse impact upon the supported NSEP 
functions.
    (a) Criteria. To qualify under this subcategory, a service must 
support at least one of the following NSEP functions:
    (i) Population warning (other than attack warning).
    (ii) Law enforcement.
    (iii) Continuity of critical state and local government functions 
(other than support of the Federal government during and after national 
emergencies).
    (iv) Hospitals and distribution of medical supplies.
    (v) Critical logistic functions and public utility services.
    (vi) Civil air traffic control.
    (vii) Military assistance to civil authorities.
    (viii) Defense and protection of critical industrial facilities.

[[Page 777]]

    (ix) Critical weather services.
    (x) Transportation to accomplish the foregoing NSEP functions.
    (b) Priority Level Assignment. Services under this subcategory will 
normally be assigned, during Peacetime/Crisis/Mobilization, priority 
levels ``3,'' ``4,'' or ``5'' for provisioning and restoration.
    (4) Public Welfare and Maintenance of National Economic Posture. 
This subcategory covers the minimum number of telecommunication services 
necessary for maintaining the public welfare and national economic 
posture during any national or regional emergency. These services are 
those for which a service interruption ranging from a few minutes to one 
day would have serious adverse impact upon the supported NSEP function.
    (a) Criteria. To qualify under this subcategory, a service must 
support at least one of the following NSEP functions:
    (i) Distribution of food and other essential supplies.
    (ii) Maintenance of national monetary, credit, and financial 
systems.
    (iii) Maintenance of price, wage, rent, and salary stabilization, 
and consumer rationing programs.
    (iv) Control of production and distribution of strategic materials 
and energy supplies.
    (v) Prevention and control of environmental hazards or damage.
    (vii) Transportation to accomplish the foregoing NSEP functions.
    (b) Priority Level Assignment. Services under this subcategory will 
normally be assigned, during Peacetime/Crisis/Mobilization, priority 
levels ``4'' or ``5'' for provisioning and restoration.
    d. Limitations. Priority levels will be assigned only to the minimum 
number of telecommunication services required to support an NSEP 
function. Priority levels will not normally be assigned to back-up 
services on a continuing basis, absent additional justification (e.g., a 
service user specifies a requirement for physically diverse routing or 
contracts for additional continuity-of-service features). The Executive 
Office of the President may also establish limitations upon the relative 
numbers of services which may be assigned any restoration priority 
level. These limitations will not take precedence over laws or executive 
orders. Such limitations shall not be exceeded absent waiver by the 
Executive Office of the President.
    e. Non-NSEP Services. Telecommunication services in the non-NSEP 
category will be those which do not meet the criteria for either 
Emergency NSEP or Essential NSEP.
    17. Authorizing Provision. NCS manuals implementing this directive 
are authorized.
    18. Effective Date. This directive is effective immediately.
    19. Expiration. This directive is in effect until superseded or 
cancelled.

                                Appendix:

    A. Definitions

    Director, Office of Science and Technology Policy.
    Dated: July 5, 1990.
    Director, Office of Management and Budget.

    Dated: July 5, 1990.

    Assistant to the President for National Security Affairs.

    Dated: July 5, 1990.

                Summary of Changes: Initial publication.

                         Appendix A--Definitions

    For the purposes of this Directive:

                               Assignment

    The designation of priority level(s) for a defined NSEP 
telecommunications service for a specified time period.

                                  Audit

    A quality assurance review in response to identified problems.

                      Committee of Principals (COP)

    As specified by Executive Order 12472, a committee consisting of 
representatives from those Federal departments, agencies or entities, 
designated by the President, which lease or own telecommunications 
facilities or services of significance to national security or emergency 
preparedness, and, to the extent permitted by law, other Executive 
entities which bear policy, regulatory or enforcement responsibilities 
of importance to national security or emergency preparedness 
telecommunications capabilities.

                               Government

    The Federal government or any foreign, state, county, municipal, or 
other local government agency or organization. Specific qualifications 
will be supplied whenever reference to a particular level of government 
is intended (e.g., ``Federal government,'' ``state government''). 
``Foreign government'' means any non-U.S. sovereign empire, kingdom, 
state, or independent political community, including foreign diplomatic 
and consular establishments and coalitions or associations of 
governments (e.g., North Atlantic Treaty Organization (NATO), 
Organization of American States (OAS), and United Nations (UN); and 
associations of governments or government agencies or organizations 
(e.g., Pan American Union, International Postal Union, and International 
Monetary Fund).

[[Page 778]]

                  National Communications System (NCS)

    The National Communications System (NCS) is a confederation of 
Federal departments, agencies and entities established by Presidential 
Memorandum of August 21, 1963 and reaffirmed by Executive Order No. 
12472, ``Assignment of National Security and Emergency Preparedness 
Telecommunications Functions,'' April 3, 1984.

                   National Coordinating Center (NCC)

    The joint telecommunications industry--Federal government operation 
established by the NCS to assist in the initiation, coordination, 
restoration and reconstitution of NSEP telecommunication services or 
facilities.

   National Security Emergency Preparedness (NSEP) Telecommunication 
                        Services or NSEP Services

    Telecommunication services that are used to maintain a state of 
readiness or to respond to and manage any event or crisis (local, 
national, or international) that causes or could cause injury or harm to 
the population, damage to or loss of property, or degrades or threatens 
the NSEP posture of the United States. These services fall into two 
specific categories. Emergency NSEP and Essential NSEP, and are assigned 
priority levels.

        National Security Emergency Preparedness (NSEP) Treatment

    The provisioning of a telecommunications service before others based 
on the provisioning priority level assigned by the Manager, NCS, in 
accordance with this directive.

                             Priority Action

    The assignment, revision, revocation, or revalidation by the 
Manager, NCS, in accordance with this directive, of a priority level 
associated with an NSEP telecommunications service.

                             Priority Level

    The level that may be assigned to an NSEP telecommunications service 
specifying the order in which provisioning or restoration of the service 
is to occur relative to other NSEP and/or non-NSEP telecommunication 
services. Authorized priority levels are designated (highest to lowest) 
``E,. ``1,'' ``2,'' ``3,'' ``4,'' and ``5'' for provisioning and ``1,'' 
``2,'' ``3,'' ``4,'' and ``5'' for restoration.

                        Priority Level Assignment

    The priority level(s) designated for the provisioning and/or 
restoration of a particular NSEP telecommunications service.

                 Private NSEP Telecommunication Services

    Those non-common carrier telecommunication services including 
private line, virtual private line, and private switched network 
services.

                              Provisioning

    The act of supplying telecommunications service to a user, including 
all associated transmission, wiring, and equipment. As used herein, 
``provisioning'' and ``initiation'' are synonymous and include altering 
the state of an existing priority service or capability.

             Public Switched NSEP Telecommunication Services

    Those NSEP telecommunication services utilizing public switched 
networks. Such services may include both interexchange and intraexchange 
network facilities (e.g., switching systems, interoffice trunks and 
subscriber loops).

                             Reconciliation

    The comparison of NSEP service information and the resolution of 
identified discrepancies.

                               Restoration

    The repair or returning to service of one or more telecommunication 
services that have experienced a service outage or are unusable for any 
reason, including a damaged or impaired telecommunications facility. 
Such repair or returning to service may be done by patching, rerouting, 
substitution of component parts or pathways, and other means, as 
determined necessary by a service vendor.

                              Revalidation

    The rejustification by a service user of a priority level 
assignment. This may result in extension by the Manager, NCS, in 
accordance with this directive, of the expiration date associated with 
the priority level assignment.

                                Revision

    A change in priority level assignment for an NSEP telecommunications 
service. This includes any extension of an existing priority level 
assignment to an expanded NSEP service.

                               Revocation

    The elimination of a priority level assignment when it is no longer 
valid. All priority level assignments for an NSEP service are revoked 
upon service termination.

                         Service Identification

    Information uniquely identifying an NSEP telecommunications service 
to the service vendor and/or service user.

[[Page 779]]

                              Service User

    Any individual or organization (including a service vendor) 
supported by a telecommunications service for which a priority level has 
been requested or assigned.

                             Service Vendor

    Any person, association, partnership, corporation, organization, or 
other entity (including common carriers and government organizations) 
that offers to supply any telecommunication equipment, facilities, or 
services (including customer premises equipment and wiring) or 
combination thereof. The term includes resale carriers, prime 
contractors, subcontractors, and interconnecting carriers.

                     ``Spare'' Circuits or Services

    Circuits or services not being used or contracted for by any 
customer.

                       Telecommunication Services

    The transmission, emission, or reception of signals, signs, writing, 
images, sounds, or intelligence of any nature, by wire, cable, 
satellite, fiber optics, laser, radio, visual, or other electronic, 
electric, electromagnetic, or acoustically coupled means, or any 
combination thereof. The term can include necessary telecommunication 
facilities.

          Telecommunications Service Priority (TSP) System User

    Any individual, organization, or activity that interacts with the 
TSP System.

                           [NCS Directive 3-3]

Telecommunications Operations--Shared Resources (SHARES) High Frequency 
                           (HF) Radio Program

September 30, 1988.

    1. Purpose. This directive establishes National Communications 
System (NCS) policies pertaining to operation and use of the Shared 
Resources (SHARES) High Frequency (HF) Radio Program.
    2. Applicability. This directive is binding upon NCS and other 
Executive entities who voluntarily elect to participate in the SHARES HF 
Radio Program.
    3. Authority. This directive is issued under the authority of 
Executive Order No. 12472, ``Assignment of National Security and 
Emergency Preparedness Telecommunications Functions,'' April 3, 1984, 49 
FR 13471 (1984); and NCS Directive 1-1, ``National Communications System 
(NCS) Issuance System,'' November 30, 1987.
    4. References.
    a. Executive Order (E.0.) No. 12472, ``Assignment of National 
Security and Emergency Preparedness Telecommunications Functions,'' 
April 3, 1984, 49 FR 13471 (1984).
    b. National Telecommunications & Information Administration (NTIA), 
``Manual of Regulations and Procedures for Federal Radio Frequency 
Management,'' May, 1986 Edition as revised May, 1987 or current edition/
revision.
    5. General.
    a. E.O. No. 12472 established national policy guidance in support of 
National Security Emergency Preparedness (NSEP) objectives. Executive 
Order No. 12472 mandates that action be taken to ``. . . ensure that a 
national telecommunications infrastructure is developed . . .''. 
Consistent with the Executive Order, functionally similar government 
telecommunications networks should be designed to interchange traffic in 
support of national leadership requirements.
    b. The SHARES HF Radio Program will provide a backup capability to 
exchange critical information among Federal entities to support NSEP. 
Federally controlled HF radio resources will be shared to establish a 
robust NSEP HF radio communications infrastructure. The program involves 
a collection of existing Federally controlled HF radio stations that 
inter-operate to transmit NSEP messages when normal means of 
communication are not available.
    6. Policy.
    a. Any participating Federal entity will accept, to the extent that 
acceptance does not interfere with the mission responsibilities of the 
entity, emergency messages of other Federal entities, or other 
components of the same entity, for transmission by HF radio to the 
addressee or to another participant for relay to the addressee.
    b. A SHARES message is an emergency message to be sent via the 
SHARES network. It consists of information that must be communicated to 
a Federal entity and is of critical importance to the Federal 
Government, the entity's mission, and/or involves the preservation of 
life and the protection of property.
    c. Transmission of SHARES messages will be guided by the policy of 
the agency accepting the message. Advice that a ``SHARES Message'' is to 
be transmitted will serve to notify operating personnel that a critical 
NSEP message requirement exists, and implicitly, that normal 
communication paths are not available.
    7. Responsibilities.
    a. NCS entities participating in the SHARES HF Radio Program will, 
to the maximum extent possible:
    (1) Identify HF stations under their control for participation in 
the SHARES Program.
    (2) Maintain the operational readiness of their SHARES HF stations.
    (3) Provide updated information as necessary for inclusion in a 
SHARES HF Radio

[[Page 780]]

Program Directory. Use of Federal frequencies for SHARES traffic shall 
be in accordance with National Telecommunications and Information 
Administration (NTIA) ``Manual of Regulations and Procedures for Federal 
Radio Frequency Management.''
    (4) Ensure participation of available stations in scheduled 
exercises.
    (5) Provide representation, as required, at meetings, briefings, 
conferences, and other official SHARES HF Radio Program activities.
    b. The Manager, NCS, will administer the SHARES HF Radio Program and 
perform the management functions defined below:
    (1) Publish and periodically update, as NCS issuances, a User 
Manual, giving detailed procedures for using SHARES HF Radio Program 
capabilities, and HF Directory of participating Federally controlled HF 
radio stations.
    (2) Develop, schedule, and administer periodic exercises of the 
SHARES HF Radio Program capabilities.
    (3) Perform other functions, as necessary, to improve SHARES 
capabilities.
    8. Authorizing Provision. NCS manuals implementing this directive 
are authorized.
    9. Effective Date. This directive is effective immediately.
    10. Expiration. This directive is in effect until superseded or 
cancelled.

[55 FR 51063, Dec. 11, 1990]

[[Page 781]]



                CHAPTER III--NATIONAL TELECOMMUNICATIONS






                     AND INFORMATION ADMINISTRATION,






                         DEPARTMENT OF COMMERCE




  --------------------------------------------------------------------
Part                                                                Page
300             Manual of regulations and procedures for 
                    Federal radio frequency management......         783

[[Page 783]]



PART 300--MANUAL OF REGULATIONS AND PROCEDURES FOR FEDERAL RADIO FREQUENCY MANAGEMENT--Table of Contents




    Authority: 47 U.S.C. 901 et seq., Executive Order 12046 (March 27, 
1978), 43 FR 13349, 3 CFR 1978 Comp., p. 158.



Sec. 300.1  Incorporation by reference of the Manual of Regulations and Procedures for Federal Radio Frequency Management.

    (a) The Manual of Regulations and Procedures for Federal Radio 
Frequency Management (hereinafter referred to as the NTIA Manual) is 
issued by the Assistant Secretary of Commerce for Communications and 
Information, and is specifically designed to cover the Assistant 
Secretary's frequency management responsibilities pursuant to delegated 
authority under 47 U.S.C. 901 et seq. and Executive Order 12046 (March 
27, 1978).
    (b) The Federal agencies shall comply with the requirements set 
forth in the May 1992 edition of the NTIA Manual, as revised through 
June 1993, which is incorporated by reference with approval of the 
Director, Office of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51.
    (c) The NTIA Manual is scheduled for revision in January, May, and 
September of each year and notices of these changes are printed in the 
Federal Register. The complete NTIA Manual can be obtained from the 
Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402, by referring to Catalog Number 903-008-00000-8. A 
reference copy of the NTIA Manual, including all revisions in effect, is 
available for use in the office of the Program Manager, Spectrum 
Openness Program, Room 4092, 14th St. and Pennsylvania Ave., Washington, 
DC 20230. The NTIA Manual is on file in the Office of the Federal 
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC 
20002.

[58 FR 44136, Aug. 19, 1993]

[[Page 785]]



                              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.

  Material Approved for Incorporation by Reference
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  Table of OMB Control Numbers
  Redesignation Table
  List of CFR Sections Affected

[[Page 787]]

            Material Approved for Incorporation by Reference

                     (Revised as of October 1, 1998)

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR Part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


47 CFR (PARTS 80-END)

FEDERAL COMMUNICATIONS COMMISSION
                                                                  47 CFR


Department of Transportation, Federal Aviation Administration

  Office of Airworthiness, 800 Independence Ave., 
  SW., Washington, DC 20591
Technical Standard Order, TSO-C91a, Emergency            80.1053, 87.141
  Locator Transmitter Equipment, April 29, 1985.


International Electrotechnical Commission (IEC)

  Bureau Central de la Commission Electrotechnique 
  Internationale, 1 rue de Varembe', Geneva, 
  Switzerland. Purchase from: American National 
  Standards Institute (ANSI), 11 West 42nd Street, 
  New York, New York 10036, Telephone (212) 642-
  4900
IEC 92-101, Electrical Installations in Ships,                   80.1101
  third edition, 1980.
IEC 533, Electromagnetic Compatibility of                        80.1101
  Electrical and Electronic Installations in 
  Ships, 1977.
IEC 945, Marine Navigational Equipment, first                    80.1101
  edition 1988.


International Maritime Organization (IMO) (formerly Inter-Governmental 
Maritime Consultative Organization)

  4 Albert Embankment, London SE1 7SR, England 
  Telephone: 0171-587 3210; FAX: 0171-587 3210; 
  Telex: 23588. Purchase from: IMO Sales, New York 
  Nautical Instrument and Service Corp., 140 W. 
  Broadway, New York, NY 10013. Telephone: (212) 
  962-4522; FAX: (212) 406-8420
IMCO Resolution A. 477 (XII). Title: Performance                  80.825
  Standards for Radar Equipment. Document adopted 
  by IMCO November 19, 1981.
IMO A.525(13), Performance Standards for Narrow-                 80.1101
  band Direct Printing Telegraph Equipment for the 
  Reception of Navigational and Meteorological 
  Warnings and Urgent Information to Ships, 
  adopted 17 November 1983.
IMO A.604(15), Performance Standards for Survival                80.1101
  Craft Radar Transponders for Use in Search and 
  Rescue Operations, adopted 19 November 1987.
IMO A.605(15), Performance Standards for Survival                80.1101
  Craft Two-way VHF Radiotelephone Apparatus, 
  adopted 19 November 1987.
IMO A.609(15), Performance Standards for Shipborne               80.1101
VHF Radio Installations Capable of Voice 
[[Page 788]]on and Digital Selective Calling, 
  adopted 19 November 1987.
IMO A.610(15), Performance Standards for Shipborne               80.1101
  MF Radio Installations Capable of Voice 
  Communication and Digital Selective Calling, 
  adopted 19 November 1987.
IMO A.611(15), Performance Standards for Float-                  80.1101
  free Satellite Emergency Position-indicating 
  Radio Beacons Operating on 406 MHz, adopted 19 
  November 1987.
IMO A.613(15), Performance Standards for Shipborne               80.1101
  MF/HF Radio Installations Capable of Voice 
  Communication, Narrow-band Direct Printing and 
  Digital Selective Calling, adopted 19 November 
  1987.
IMO A.662(16), Performance Standards for Float-                  80.1101
  free Release and Activation Arrangements for 
  Emergency Radio Equipment, adopted on 19 October 
  1989.
IMO A.663(16), Performance Standards for INMARSAT                80.1101
  Standard-C Ship Earth Stations Capable of 
  Transmitting and Receiving Direct-printing 
  Communications, adopted 19 October 1989.
IMO A.664(16), Performance Standards for Enhanced                80.1101
  Group Call Equipment, adopted 19 October 1989.
IMO A.694(17), General Requirements for Shipborne                80.1101
  Radio Equipment Forming Part of the Global 
  Maritime Distress and Safety System and for 
  Electronic Navigational Aids, dated 25 November 
  1991.
IMO A.698(17), Performance Standards for Ship                    80.1101
  Earth Stations Capable of Two-way 
  Communications, dated 25 November 1991.


International Organization for Standardization (ISO)

  Purchase copies from ANSI, 11 West 42nd St., New 
  York, New York 10036, Telephone (212) 642-4900
ISO Standard 3791, Office Machines and Data                      80.1101
  Processing Equipment-keyboard Layouts for 
  Numeric Applications, first edition, 1976(E).


International Radio Consultative Committee (CCIR)

  Purchase copies from: International 
  Telecommunications Union (ITU), Place des 
  Nations, CH-1211 Geneva 20, Switzerland
CCIR 476-4, Direct-printing Telegraph Equipment in               80.1101
  the Maritime Mobile Service, 1986.
CCIR 493-4, Digital Selective-calling System for                 80.1101
  Use in the Maritime Mobile Service, 1990.
CCIR 540-2, Operational and Technical                            80.1101
  Characteristics for an Automated Direct-printing 
  Telegraph System for Promulgation of 
  Navigational and Meteorological Warnings and 
  Urgent Information to Ships, 1990.
CCIR 625-1, Direct-printing Telegraph Equipment                  80.1101
  Employing Automatic Identification in the 
  Maritime Mobile Service, 1990.
CCIR 628-1, Technical Characteristics for Search                 80.1101
  and Rescue Radar Transponders, 1990.
CCIR 633-1, Transmission Characteristics of a                    80.1101
  Satellite Emergency Position-indicating 
  Radiobeacon (Satellite EPIRB) System Operating 
  Through a Low Polar-orbiting Satellite System in 
  the 406 MHz Band, 1990.


International Telegraph and Telephone Consultative Committee (CCITT)

  Purchase copies from: International 
  Telecommunications Union (ITU), Place des 
  Nations, CH-1211 Geneva 20, Switzerland
CCITT E.161, Arrangement of Figures, Letters and                 80.1101
  Symbols on Telephones and Other Devices that Can 
  Be Used for Gaining Access to a Telephone 
  Network, 1989.
CCITT Q.11, Numbering Plan for the International                 80.1101
Telephone Service, 1989.
[[Page 789]]

Radio Technical Commission for Aeronautics

  One McPherson Square, 1425 K Street, NW., 
  Washington, DC 20005
Minimum Operational Performance Standards 406 MHz              87.199(a)
  Emergency Locator Transmitters (ELT), Document 
  No. RTCA/DO-204, dated September 29, 1989.


Radio Technical Commission for Maritime Services

  P.O. Box 19087, Washington, DC 20036
Volume 11 of RTCM Special Committee No. 65 Final                  80.825
  Report; Part 11. Title: ``Performance 
  Specification For a General Purpose Navigational 
  Radar Set for Oceangoing Ships of 1,600 Tons 
  Gross Tonnage and Upwards for Ships Already 
  Fitted''. Document approved by RTCM July 18, 
  1978.
Volume 11 of RTCM Special Committee No. 65 Final                  80.825
  Report with Change 1 Entered; Part 1 including 
  Appendix A. Title: ``Performance Specification 
  For a General Purpose Navigational Radar Set For 
  Oceangoing Vessels of 1,600 Tons Gross Tonnage 
  and Upwards for New Radar Installations''. Title 
  of Appendix A: ``General Purpose Shipborne 
  Navigational Radar Set For Oceangoing Ships--
  Design and Testing Specifications''. Document 
  approved by RTCM July 18, 1978.
RCTM paper 133-87/SC 103-33, dated May 15, 1987,                  80.825
  entitled ``RCTM Recommended Performance 
  Specification for a General Purpose Navigational 
  Radar Set for Oceangoing Ships of 500 Gross Tons 
  and Upwards for New Radar Installations'', 
  including Appendix A, entitled ``General Purpose 
  Shipborne Navigational Radar Set for Oceangoing 
  Ships--Design and Testing Specifications''.
RTCM ``Recommended Standards for 406 MHz Satellite                80.825
  Emergency Position-Indicating Radiobeacons 
  (EPIRBS)'', dated July 31, 1987, with editorial 
  updates of December 31, 1987.


47 CFR (PART 300)

NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION, DEPARTMENT 
OF COMMERCE


National Telecommunications and Information Administration

NTIA Manual of Regulations and Procedures for                      300.1
  Federal Radio Frequency Management, May 1992, as 
  revised through June 1993; available from: 
  Superintendent of Documents, U.S. Government 
  Printing Office, Washington, DC 20402, Telephone 
  202-512-1800.



[[Page 791]]



                    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 792]]

      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 793]]

         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 794]]

    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 795]]

        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 796]]

        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 797]]

        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 798]]

                          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 799]]

                           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 800]]

       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 801]]

       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 802]]

             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 803]]

        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 804]]

        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 805]]

       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 806]]

        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 807]]

        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 809]]





           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 810]]

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, XXV
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 811]]

  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 812]]

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 813]]

  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 814]]

  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 815]]

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, XII, 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 816]]

  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 817]]

  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 819]]

                                     

                                     



                      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 820]]

 
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 821]]

 
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 822]]

 
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 823]]

 
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 824]]

 
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 825]]

 
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 826]]

 
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 827]]

 
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 829]]

                                     

                                     



                           Redesignation Table




                           Redesignation Table
------------------------------------------------------------------------
                              New section No. and
      Old section No.                title           Summary of changes
------------------------------------------------------------------------
81.1......................  80.1  Basis and         Clarified.
                             purpose.
81.2 (a-o)................  80.5  Definitions.....  Clarified.
81.3 (a-v)................  80.5  Definitions.....  Clarified.
81.4 (a-r)................  80.5  Definitions.....  Clarified.
81.5 (a-e)................  80.5  Definitions.....  Clarified
81.6 (a-d)................  80.5  Definitions.....  Clarified.
81.7 (a-u)................  80.5  Definitions.....  Clarified.
81.8......................  80.5  Definitions.....  Clarified.
81.9 (a-e)................  80.5  Definitions.....  Clarified.
81.20.....................  80.23  Filing of        Clarified.
                             applications.
81.21 (a&b)...............  Deleted...............  ....................
81.22 (a&b)...............  80.17  Administrative   Clarified.
                             classes of stations.
81.23 (a&b)...............  80.15  Eligibility for  Clarified.
                             station license.
81.24.....................  80.19  Standard forms   Clarified.
                             to be used.
                            80.405  Station         Clarified.
                             license.
81.25 (a-d)...............  Deleted...............  ....................
81.27 (a-c)...............  Deleted...............  ....................
81.28 (a&b)...............  Deleted...............  ....................
81.29.....................  Deleted...............  ....................
81.30.....................  Deleted...............  ....................
81.31 (a-d)...............  80.21  Supplemental     Clarified.
                             information required.
81.33.....................  80.501  Supplemental    Clarified.
                             eligibility
                             requirements.
                            80.507  Scope of        Clarified.
                             service.
81.34 (a&b)...............  80.39  Authorized       Clarified.
                             station location.
81.35.....................  80.19  Standard forms   Simplified.
                             to be used.
81.36 (a).................  80.19  Standard forms   Simplified.
                             to be used.
81.36 (b).................  Deleted...............  ....................
81.36 (c).................  80.29  Changes during   Clarified.
                             license term.
81.36 (d).................  80.29  Changes during   Simplified.
                             license term.
81.37 (a).................  80.19  Standard forms   Simplified.
                             to be used.
81.37 (b).................  Deleted...............  ....................
81.39 (a&b)...............  80.23  Filing of        Simplified.
                             applications.
81.40 (a-d)...............  80.23  Filing of        Simplified.
                             applications.
                            80.37  One              Simplified.
                             authorization for
                             plurality of stations.
81.41 (a-c)...............  Deleted...............  ....................
81.42 (a&b)...............  Deleted...............  ....................
81.44.....................  Deleted...............  ....................
81.46 (a&b)...............  Deleted...............  ....................
81.47 (a&b)...............  Deleted...............  ....................
81.48 (a-c)...............  Deleted...............  ....................
81.51.....................  Deleted...............  ....................
81.61.....................  80.49  Time in which    Clarified.
                             station is placed in
                             operation.
81.65 (a&b)...............  80.25  License term...  Simplified
81.68 (a-e)...............  80.37  One              Clarified.
                             authorization for a
                             plurality of stations.
81.70 (a-b)...............  80.39  Authorized       Clarified.
                             station location.
81.71 (a-c)...............  80.41  Control points   Clarified.
                             and dispatch points.
81.72 (a-j)...............  Deleted...............  ....................
81.73.....................  80.47  Operation        Simplified.
                             during emergency.
81.74.....................  80.302  Notice of       Clarified.
                             discontinuance,
                             reduction or
                             impairment of service
                             involving a distress
                             watch.
                            80.471  Discontinuance  Simplified.
                             or impairment of
                             service.
81.76.....................  80.31  Cancellation of  Clarified.
                             license.
81.101....................  80.61  Commission       Simplified.
                             inspection of station.
                            80.403  Availability    Simplified.
                             of documents.

[[Page 830]]

 
81.102 (a-d)..............  80.405  Station         Simplified.
                             license.
81.103 (a-d)..............  Deleted...............  ....................
81.104 (a)................  80.68  Facilities       Simplified.
                             requirements for
                             public coast stations
                             using telegraphy.
81.104 (b)................  80.67  General          Simplified.
                             facilities
                             requirements for
                             coast stations.
81.104 (c)................  80.69  Facilities       Clarified.
                             requirements for
                             public coast stations
                             using telephony.
81.104 (d&e)..............  80.67  General          Simplified.
                             facilities
                             requirements for
                             coast stations.
81.105 (a-c)..............  80.70  Special          No change.
                             provisions relative
                             to coast stations VHF
                             facilities.
81.105....................  Deleted...............  ....................
81.106 (a-g)..............  80.71  Operating        No change.
                             controls for stations
                             on land.
81.107 (a&b)..............  80.72  Antenna          No change.
                             requirements for
                             coast stations.
81.108....................  Deleted...............  ....................
81.109 (a-c)..............  Deleted...............  ....................
81.110 (a&b)..............  80.63  Maintenance of   Clarified.
                             transmitter power.
81.112....................  Deleted...............  ....................
81.113 (a&b)..............  80.74  Public coast     No change.
                             station facilities
                             for a telephony busy
                             signal.
81.114 (a&b)..............  Deleted...............  ....................
81.115 (a&b)..............  80.409  Station logs..  Simplified.
81.116 (a-d)..............  80.76  Requirements     Simplified.
                             for land station
                             control points.
81.131 (a-e, g)...........  80.209  Transmitter     Clarified.
                             frequency tolerances.
81.131 (f)................  Deleted...............  ....................
81.132 (a-g)..............  80.207  Classes of      Simplified.
                             emissions.
81.132 (a)................  80.385  Frequencies     Clarified.
                             for automated systems.
81.133 (a-d)..............  80.205  Bandwidths....  Simplified.
81.134 (a-j)..............  80.215  Transmitter     Simplified.
                             power.
81.136 (a&b)..............  80.203  Authorization   Clarified.
                             of transmitters for
                             licensing.
81.137 (a-f)..............  80.203  Authorization   Simplified.
                             of transmitters for
                             licensing.
81.138 (a)................  80.203  Authorization   Simplified.
                             of transmitters for
                             licensing.
81.138 (b)................  Deleted...............  ....................
81.139 (a-c)..............  80.221  Special         Simplified.
                             requirements for
                             generating
                             automatically the
                             radiotelephone alarm
                             signal.
81.140 (a&b)..............  80.211  Emission        Clarified.
                             limitations.
81.142 (a-j)..............  80.213  Modulation      Simplified.
                             requirements.
81.143 (a-f)..............  80.219  Special         Simplified.
                             requirements for
                             narrow-band direct-
                             printing (NB-DP)
                             equipment.
81.144 (a-f)..............  80.225  Special         Simplified.
                             requirements for
                             digital selective
                             calling (DSC)
                             equipment.
81.151....................  80.151  Classification  Clarified.
                             of operator licenses
                             and endorsements.
81.152 (a), (c), (d), (g).  80.153  Coast station   Simplified; (b) and
                             operator requirements.  (f) deleted.
81.154....................  80.167  Limitation on   Simplified.
                             operators.
81.155 (a&b)..............  Deleted...............  ....................
81.156....................  80.169  Operators       Simplified.
                             required to adjust
                             transmitters or radar.
81.158 (a-c)..............  80.177  When operator   Clarified.
                             license is not
                             required.
81.159....................  80.175  Availability    Simplified.
                             of operator licenses.
                            80.407  Operator        Simplified.
                             authorization.
81.171....................  80.86  International    No change.
                             regulations
                             applicable.
81.172....................  80.87  Cooperative use  Simplified.
                             of frequency
                             assignments.
81.173....................  80.88  Secrecy of       No change.
                             communications.
81.174....................  80.89  Unauthorized     Simplified.
                             transmission.
81.175....................  80.90  Suspension of    No change.
                             transmission.
81.176 (a&b)..............  80.106  Intercommunica  No change.
                             tion in the mobile
                             service.
81.177....................  80.107  Service of      No change.
                             private coast
                             stations and marine
                             utility stations.
81.178....................  80.105  General         No change.
                             obligations of coast
                             stations.
81.179 (a), (b), (c), (e),  80.95  Message charges  Simplified; (d)
 (f).                                                deleted.
81.180....................  Deleted...............  ....................
81.181 (a&b)..............  80.91  Order of         No change.
                             priority of
                             communications.
                            80.312  Priority of     No change.
                             distress
                             transmissions.
81.182....................  80.94  Control by       Simplified.
                             coast or Government
                             station.
81.183 (a-d)..............  80.92  Prevention of    Simplified.
                             interference.
81.184 (a&b)..............  80.108  Transmission    Simplified.
                             of traffic lists by
                             coast stations.
81.185....................  80.109  Transmissions   Simplified.
                             to a plurality of
                             mobile stations by a
                             public coast station.
81.186 (a-g)..............  80.93  Hours of         No change.
                             service.
81.187 (a)................  80.311  Authority for   Simplified.
                             distress transmission.
81.187 (b)................  80.321  Acknowledgemen  Simplified.
                             t of receipt of
                             distress message.
81.187 (c)................  80.322  Form of         Simplified.
                             acknowledgement.
81.187 (d)................  80.325  Control of      Simplified.
                             distress traffic.
81.187 (e)................  80.324  Transmission    Simplified.
                             of distress message
                             by station not itself
                             in distress.
81.188 (a&b)..............  80.317  Radiotelegraph  No change.
                             and radiotelephone
                             alarm signals.
81.189 (a&b)..............  80.318  Use of alarm    No change.
                             signals.
81.190 (a&b)..............  80.301  Watch           Simplified.
                             requirements.
81.190 (c)................  Deleted...............  ....................

[[Page 831]]

 
81.191 (a)................  Deleted...............  ....................
81.191 (b)................  80.301  Watch           Simplified.
                             requirements.
81.191 (c)................  80.303  Watch on 156.8  Clarified.
                             Mhz (channel 16).
81.191 (d&e)..............  Deleted...............  ....................
81.192....................  80.96  Maintenance      Simplified.
                             tests.
81.193 (a-d)..............  80.110  Inspection and  Simplified.
                             maintenance of tower
                             markings and
                             associated control
                             equipment.
81.194 (a-c)..............  80.409  Station logs..  Simplified.
81.201....................  80.451  Supplemental    Simplified.
                             eligibility
                             requirements.
81.202 (a-c)..............  80.453  Scope of        Clarified.
                             communications.
81.203 (a&b)..............  80.359  Frequencies     Simplified.
                             for digital selective
                             calling.
81.203 (b-e)..............  80.121  Public coast    Simplified.
                             stations using
                             telegraphy.
81.204 (a&b)..............  80.361  Frequencies     Simplified.
                             for narrow direct
                             printing (NB-DP) and
                             data transmissions.
81.204 (c)................  Deleted...............  ....................
81.205 (a-e)..............  80.121  Public coast    Clarified.
                             stations using
                             telegraphy.
81.206 (a-c)..............  80.455  Assignment and  Simplified.
                             use of frequencies
                             for manual Morse code
                             telegraphy.
81.206 (a, d, e)..........  80.357  Working         Simplified.
                             frequencies.
81.206 (b&c)..............  80.353  General uses--  Simplified.
                             radiotelegraphy.
81.207 (a-c)..............  80.355  Distress,       Simplified.
                             urgency, safety, call
                             and reply frequencies.
81.207 (d)................  Deleted...............  ....................
81.207 (e)................  80.359  Frequencies     Clarified.
                             for digital selective
                             calling (DSC).
81.209 (a-c)..............  80.121  Public coast    Simplified.
                             stations using
                             telegraphy.
81.218 (a-d)..............  80.357  Working         Simplified.
                             frequencies.
81.219....................  80.100  Morse code      Clarified.
                             requirement.
81.220....................  80.99  Radiotelegraph   Clarified.
                             station
                             identification.
81.221 (a&b)..............  80.98  Radiotelegraph   No change.
                             testing procedure.
81.222 (a-c)..............  80.97  Radiotelegraph   Clarified.
                             operating procedure.
81.223 (a)................  80.401  Station         Simplified.
                             documents requirement.
81.223 (b)................  Deleted...............  ....................
81.223 (c)................  80.403  Availability    Clarified.
                             of documents.
81.224 (a-h)..............  80.409  Station logs..  Clarified.
81.230....................  80.122  Public coast    Clarified.
                             stations using
                             facsimile.
                            80.363  Frequencies     Clarified.
                             for facsimile.
81.301....................  80.451  Supplement      No change.
                             eligibility
                             requirements.
81.302 (a-c)..............  80.453  Scope of        Clarified.
                             communications.
81.303 (a)................  80.467  Duplication of  No change.
                             VHF service.
81.304 (a-h)..............  80.465  Assignment and  Simplified.
                             use of frequencies
                             for telephony.
81.305 (a&b)..............  80.369  Distress,       Simplified.
                             urgency, safety, call
                             and reply frequencies.
81.306 (a&b)..............  80.371  Public          Simplified.
                             correspondence
                             frequencies.
81.307....................  80.371  Public          Simplified.
                             correspondence
                             frequencies.
81.308 (a&b)..............  80.373  Private         Simplified.
                             communications
                             frequencies.
81.310 (a)................  80.99  Radiotelegraph   Simplified.
                             station
                             indentification.
                            80.102  Radiotelephone  Simplified.
                             station
                             identification.
81.310 (b&c)..............  Deleted...............  ....................
81.311 (a&b)..............  80.101  Radiotelephone  Simplified.
                             testing procedures.
81.312 (a-d)..............  80.111  Radiotelephone  Simplified.
                             operating procedures
                             for coast stations.
81.313 (a-c)..............  80.401  Station         Simplified.
                             documents requirement.
81.314 (a-f)..............  80.409  Station logs..  Simplified.
81.330 (a-e)..............  80.469  Maritime        Simplified.
                             mobile repeater
                             stations in Alaska.
81.330 (f-i)..............  80.373  Private         Simplified.
                             communications
                             frequencies.
81.351 (a-b)..............  80.501  Supplemental    Simplified.
                             eligibility
                             requirements.
81.352 (a-c)..............  80.503  Cooperative     Simplified.
                             use of facilities.
81.354 (a-b)..............  80.505  Points of       Clarified.
                             communication.
81.355 (a-d)..............  80.507  Scope of        Simplified.
                             service.
81.356....................  80.373  Private         Simplified.
                             communications
                             frequencies.
81.357 (a-c)..............  80.383  Vessel Traffic  No change.
                             Services (VTS) System
                             frequencies.
81.358 (a-c)..............  80.511  Assignment      No change.
                             limitations.
81.359 (a-c)..............  80.513  Frequency       No change.
                             coordination.
81.360 (a-e)..............  80.367  General uses--  Simplified.
                             radiotelephony.
                            80.369  Distress,       Simplified.
                             urgency, safety, call
                             and reply frequencies.
                            80.373  Private         Simplified.
                             communications
                             frequencies.
81.361 (a-c)..............  80.131  Radioprinter    Simplified.
                             operations.
                            80.1155  Radioprinter.  Simplified.
81.362 (a-c)..............  80.131  Radioprinter    Simplified.
                             operations.
                            80.1155  Radioprinter.  Simplified.
81.363 (a&b)..............  80.131  Radioprinter    Simplified.
                             operations.
                            80.1155  Radioprinter.  Simplified.
81.364....................  80.517  Time            No change.
                             limitation on calling.
81.367 (a&b)..............  80.101  Radiotelephone  Clarified.
                             testing procedures.
81.368 (a-c)..............  80.111  Radiotelephone  Clarified.
                             operating procedures
                             for coast stations.
81.372....................  80.102  Radiotelephone  Simplified.
                             station
                             identification.

[[Page 832]]

 
81.401....................  80.601  Licensing       Simplified.
                             limitations.
81.402 (a-c)..............  80.375  Radiodetermina  Simplified.
                             tion frequencies.
81.403 (a&b)..............  80.605  U.S. Coast      No change.
                             Guard coordination.
81.404 (a&b)..............  80.653  Scope of        Clarified.
                             communication.
81.501....................  80.33  Developmental    Clarified.
                             license.
81.502 (a-c)..............  80.33  Developmental    Clarified.
                             license.
81.503 (a&d)..............  80.33  Developmental    Simplified.
                             license.
81.503 (b&c)..............  80.391  Frequencies     Simplified.
                             for developmental
                             stations.
81.504 (a-c)..............  80.33  Developmental    Simplified.
                             license.
81.505 (a-c)..............  80.33  Developmental    Simplified.
                             license.
81.506....................  80.33  Developmental    Simplified.
                             license.
81.507 (a-c)..............  80.33  Developmental    Simplified.
                             license.
81.521-81.534.............  Deleted...............  ....................
81.551....................  80.149  Answers to      No change.
                             notice of violation.
81.601....................  Deleted...............  ....................
81.603 (a-c)..............  Deleted...............  ....................
81.605....................  Deleted...............  ....................
81.609 (a&b)..............  Deleted...............  ....................
81.611....................  80.653  Scope of        Simplified.
                             communications.
81.613....................  80.653  Scope of        Simplified.
                             communications.
81.615....................  80.389  Frequencies     No change.
                             for maritime support
                             station.
81.617....................  Deleted...............  ....................
81.619....................  80.655  Assignment of   Simplified.
                             use of frequencies.
81.621....................  80.381  Frequencies of  Simplified.
                             fixed stations.
                            80.555  Scope of        Simplified.
                             communications.
81.623 (a)................  80.381  Frequencies     Simplified.
                             for fixed stations.
                            80.553  Supplementary   Simplified.
                             eligibility
                             requirements.
81.625 (a-d)..............  80.381  Frequencies     Simplified.
                             for fixed stations,
                             See also 80.211,
                             80.557, and 80.559.
81.701....................  80.15  Eligibility for  Simplified.
                             station license.
81.702 (a&b)..............  80.705  Hours of        Simplified.
                             service of Alaska
                             public fixed stations.
81.703....................  80.703  Priority of     Simplified.
                             distress and other
                             signals.
81.704....................  80.409  Station logs..  Clarified.
81.705 (a&b)..............  80.707  Cooperative     Clarified.
                             use of frequency
                             assignments.
81.706 (a&b)..............  Deleted...............  ....................
81.708 (a&b)..............  80.709  Frequencies     Clarified.
                             available.
81.709....................  80.709  Frequencies     Clarified.
                             available.
81.711....................  80.709  Frequencies     Clarified.
                             available.
81.714....................  80.711  Use of U.S.     No change.
                             Government
                             frequencies.
81.801....................  80.751  Scope.........  No change.
81.802 (a-c)..............  80.753  Signal          No change.
                             strength requirements
                             at the service area
                             contour.
81.803....................  80.755  Applicability.  No change.
81.804 (a&b)..............  80.757  Topographical   No change.
                             data.
81.805 (a-d)..............  80.759  Average         No change.
                             terrain elevation.
81.806....................  80.763  Effective       No change.
                             antenna height.
81.807....................  80.765  Effective       No change.
                             radiated power.
81.808 (a-d)..............  80.767  Propagation     No change.
                             curve.
81.810 (a-d)..............  80.769  Shadow loss...  No change.
81.811....................  80.773  Ratio of        No change.
                             desired to undesired
                             signal strengths.
81.812 (a-e)..............  80.771  Method of       No change.
                             computing coverage.
81.813 (a-c)..............  80.761  Conversion      No change.
                             graphs.
81.901....................  80.57  Canada/USA       No change.
                             channeling
                             arrangement for VHF
                             maritime public
                             correspondence.
81.902 (a-j)..............  80.57  Do.............  No change.
81.903 (a-f)..............  80.57  Do.............  No change.
81.904 (a-f)..............  80.57  Do.............  No change.
81.905 (a-c)..............  80.57  Do.............  No change.
81.906 (a-c)..............  80.57  Do.............  No change.
                            80.475  Scope of        Simplified
                             service of Automated
                             Maritime
                             Telecommunications
                             System (AMTS).
81.913 (a-c)..............  80-1169  Automated      Simplified.
                             Maritime
                             Telecommunications
                             System (AMTS).
81.915....................  80.477  Points of       Simplified.
                             communication.
81.917....................  80.385  Frequencies     No change.
                             for automated systems.
                            80.1171  Assignment     Simplified.
                             and use of
                             frequencies.
83.1 (a&b)................  80.1  Basis and         No change.
                             purpose.
83.2 (a-y)................  80.5  Definitions.....  Clarified.
83.3 (a-t)................  80.5  Definitions.....  Clarified.
83.4 (a-w)................  80.5  Definitions.....  Clarified.
83.5 (a-c)................  80.5  Definitions.....  Clarified.
83.6 (a-n)................  80.5  Definitions.....  Clarified.
83.7 (a-l)................  80.5  Definitions.....  Clarified.
83.8 (a-h)................  80.5  Definitions.....  Clarified.

[[Page 833]]

 
83.20 (a&b)...............  80.13  Station license  No change.
                             required.
83.22.....................  80.15  Eligibility for  Clarified.
                             station license.
83.24 (a-c)...............  80.15  Eligibility for  Clarified.
                             station license.
83.28 (a&b)...............  80.19  Standard forms   Simplified.
                             to be used.
83.30 (a-c)...............  Deleted...............
83.32 (a-e)...............  80.23  Filing of        No change.
                             applications.
83.32 (f-g)...............  80.51  Ship earth       No change.
                             station licensing.
83.34.....................  Deleted...............
83.36.....................  Deleted...............  ....................
83.38.....................  Deleted...............  ....................
83.40 (a-c)...............  80.19  Standard forms   Simplified.
                             to be used.
                            80.25  License term...  No change.
83.42 (a&b)...............  80.29  Changes during   Clarified.
                             license term.
83.44.....................  80.56  Transfer of      No change.
                             ship station license
                             prohibited.
83.46 (a&b)...............  Deleted...............  ....................
83.48.....................  80.31  Cancellation of  Clarified.
                             license.
83.50 (a&b)...............  80.53  Application for  No change.
                             portable ship station
                             license.
83.52 (a&b)...............  80.55  Application for  Clarified.
                             fleet station license.
83.54.....................  Deleted...............  ....................
83.56.....................  80.507  Scope of        Simplified.
                             service.
83.60 (a-c)...............  80.59  Compulsory ship  Simplified.
                             station.
83.70 (a-e)...............  80.59  Compulsory ship  No change.
                             stations.
83.72 (a&b)...............  80.59  Compulsory ship  No change.
                             stations.
83.74.....................  80.59  Compulsory ship
                             stations.
83.101 (a)................  80.61  Commission       No change.
                             inspection of
                             stations.
83.101 (b)................  80.79  Inspection of    Simplified.
                             ship stations by a
                             foreign Government.
83.102 (a-c)..............  80.405  Station         Simplified.
                             license.
83.103....................  Deleted...............  ....................
83.104 (a-h)..............  80.80  Operating        No change.
                             controls for ship
                             stations.
83.105 (a-d)..............  80.142  Ships using     No change.
                             telegraphy.
83.106 (a-c)..............  80.143  Required        No change.
                             frequencies for
                             radiotelephony.
                            80.956  Required        Clarified.
                             Frequencies and uses.
83.107 (a-c)..............  80.81  Antenna          No change.
                             requirements for ship
                             stations.
83.108....................  Deleted...............  ....................
83.110 (a-b)..............  80.63  Maintenance of   Clarified.
                             transmitter power.
83.111....................  Deleted...............  ....................
83.112....................  Deleted...............  ....................
83.113....................  Deleted...............  ....................
83.114 (a&b)..............  80.935  Station clock.  Simplified.
83.115 (a-e)..............  80.409  Station logs..  Clarified.
83.131 (a-g)..............  80.209  Transmitter     Simplified.
                             frequency tolerances.
83.132 (a-g)..............  80.207  Classes of      Simplified.
                             emission.
83.133 (a&b)..............  80.205  Bandwidths....  Simplified.
83.133 (c&d)..............  Deleted...............  ....................
83.134 (a-l)..............  80.215  Transmitter     Simplified
                             power.
                            80.1053  Special        Clarified.
                             requirements for
                             Class A EPIRB
                             stations.
                            80.1057  Special        Clarified.
                             requirements for
                             Class C EPIRB
                             stations.
83.135 (a)................  80.217  Suppression of  Simplified.
                             interference aboard
                             ships.
83.135 (b)................  Deleted...............  ....................
83.136 (a-f)..............  80.211  Emission        Simplified.
                             limitations.
83.137 (a-d)..............  80.213  Modulation      Simplified.
                             requirements.
                            80.1057  Special        Clarified.
                             requirements for
                             Class C EPIRB
                             stations.
83.138 (a-c)..............  80.203  Authorization   Simplified.
                             of transmitter for
                             licensing.
83.139 (a-j)..............  80.203  Authorization   Simplified.
                             of transmitter for
                             licensing.
83.140 (a-c)..............  80.203  Authorization   Simplified.
                             of transmitter for
                             licensing.
83.141 (a-d)..............  80.223  Special         Clarified.
                             requirement for
                             survival craft
                             stations.
83.142 (a-c)..............  80.221  Special         Simplified.
                             requirements for
                             automatically
                             generating the
                             radiotelephone alarm
                             signal.
83.143 (a-f)..............  80.219  Special         Simplified.
                             requirements for
                             narrow-band direct-
                             printing (NB-DP)
                             equipment.
83.144 (a-m)..............  80.1053  Special        Simplified.
                             requirements for
                             Class A EPIRBs.
                            80.1055  Special        Simplified.
                             requirements for
                             Class B EPIRBs.
83.145 (a&b)..............  80.1053  Special        Simplified.
                             requirements for
                             Class A EPIRBs.
83.145 (c)................  Deleted...............  ....................
83.146 (a-g)..............  80.1057  Special        No change.
                             requirements for
                             Class C EPIRBs.
83.151 (a)................  80.151  Classification  Clarified.
                             of operator's
                             licenses and
                             endorsements.
83.152 (a)................  80.155  Ship station    Clarified.
                             operator requirements.
83.152 (b)................  80.157  Radio officer   Clarified.
                             defined.
83.152 (c)................  Deleted...............  ....................
83.153....................  Deleted...............  ....................
83.155 (a-e)..............  80.159  Operator        Simplified.
                             requirements for
                             Title III of the
                             Communications Act
                             and the Safety
                             Convention.

[[Page 834]]

 
83.156 (a&b)..............  80.159  Do............  Simplified.
83.157 (a&b)..............  80.161  Operator        Clarified.
                             requirements for
                             Great Lakes Radio
                             Agreement.
83.158....................  80.163  Operator        No change.
                             requirements of the
                             Vessel Bridge-to-
                             Bridge Act.
83.159....................  80.165  Operator        Clarified.
                             requirements for
                             voluntary stations.
83.160 (a&b)..............  80.167  Limitations on  Simplified.
                             operators.
83.161 (a-c)..............  Deleted...............  ....................
83.162 (a&b)..............  80.169  Operators       Clarified.
                             required to adjust
                             transmitters or radar.
83.164 (a-d)..............  80.177  When operator   Simplified.
                             license is not
                             required.
83.165 (a&b)..............  80.175  Availability    Simplified.
                             of operator licenses.
83.173 (a&b)..............  80.114  Authority of    No change.
                             master.
83.174....................  80.88  Secrecy of       No change.
                             communications.
83.175....................  80.106  Intercommunica  Simplified.
                             tion in the mobile
                             services.
83.176....................  Deleted...............  ....................
83.177 (a&b)..............  80.91  Order of         No change.
                             priority of
                             communications.
83.178....................  80.89  Unauthorized     Clarified.
                             transmissions.
83.179....................  80.94  Control by       No change.
                             coast or Government
                             station.
83.180....................  80.87  Cooperative use  No change.
                             of frequency
                             assignments.
83.181 (a-e)..............  80.92  Prevention of    Simplified.
                             interference.
83.182....................  80.90  Suspension of    No change.
                             transmission.
83.183 (a&b)..............  80.93  Hours of         Simplified.
                             service.
83.184 (a-c)..............  80.409  Station logs..  Clarified.
83.185....................  Deleted...............  ....................
83.186 (a-f)..............  80.115  Operational     Simplified.
                             conditions for use of
                             associated ship units.
83.201 (a&b)..............  80.304  Watch           Clarified.
                             requirement during
                             silence period.
83.202 (a-c)..............  80.305  Watch           Clarified.
                             requirements of the
                             Communications Act
                             and the Safety
                             Convention.
83.203 (a-d)..............  80.305  Do............  Clarified.
83.204 (a,c-e)............  80.306  Provisions      Clarified.
                             governing the
                             radiotelegraph watch.
83.204 (b)................  Deleted...............  ....................
83.205....................  80.307  Compulsory use  No change.
                             of radiotelegraph
                             auto alarm.
83.206....................  80.308  Watch required  No change.
                             by the Great Lakes
                             Radio Agreement.
83.207....................  80.309  Watch required  Clarified.
                             by Bridge-to-Bridge
                             Act.
83.221....................  80.146  Watch on 500    No change.
                             kHz.
83.233....................  80.147  Watch on 2182   No change.
                             kHz.
83.224 (a-c)..............  80.148  Watch required  No change.
                             by voluntary vessels.
83.231....................  Deleted...............  ....................
83.232....................  80.311  Authority for   Clarified.
                             distress
                             transmissions.
83.233....................  80.313  Frequencies     Clarified.
                             for use in distress.
83.234 (a-c)..............  80.314  Distress        No changes.
                             signals.
83.235 (a-c)..............  80.315  Distress calls  No changes.
83.236 (a-c)..............  80.316  Distress        No change.
                             messages.
83.237 (a-e)..............  80.319  Radiotelegraph  No change.
                             distress call and
                             message transmission
                             procedure.
83.238 (a-e)..............  80.320  Radiotelephone  No change.
                             distress call and
                             message transmission
                             procedure.
83.239 (a&b)..............  80.321  Acknowledgemen  No change.
                             t of receipt of
                             distress message.
83.240 (a&b)..............  80.322  Form of         No change.
                             acknowledgement.
83.241 (a&b)..............  80.323  Information     No change.
                             furnished by an
                             acknowledging station.
83.242 (a-d)..............  80.324  Transmission    No change.
                             of distress message
                             by station not itself
                             in distress.
83.243 (a-d)..............  80.325  Control of      No change.
                             distress traffic.
83.244 (a&b)..............  80.326  Notification    No change.
                             of resumption of
                             normal working.
83.245 (a&b)..............  80.317  Radiotelegraph  No change.
                             and radiotelephone
                             alarm signals.
83.246 (a&b)..............  80.318  Use of alarm    No change.
                             signals.
83.247 (a-d)..............  80.327  Urgency         No change.
                             signals.
83.248 (a-c)..............  80.328  Urgency         No change.
                             message.
83.249 (a-d)..............  80.329  Safety signals  No change.
83.250 (a-d)..............  80.330  Safety message  No change.
83.251 (a-c)..............  80.331  Bridge-to-      No change.
                             Bridge communication
                             procedure.
83.252 (a&b)..............  80.332  Equipment to    No change.
                             aid search and rescue
                             operations.
83.253....................  80.333  Stations in     Simplified.
                             maritime mobile-
                             satellite service.
83.254....................  80.145  Class C EPIRB   No change.
                             operational
                             procedures.
83.261....................  Deleted...............  ....................
83.262....................  Deleted...............  ....................
83.263 (a&b)..............  Deleted...............  ....................
83.271....................  80.95  Message charges  No change.
83.272....................  80.95  Message charges  No change.
83.273....................  80.95  Message charges  Clarified.
83.274 (a&b)..............  80.95  Message charges  Clarified.
83.275....................  Deleted...............  ....................
83.276....................  80.95  Message charges  Simplified.
83.277....................  Deleted  .............  ....................
83.302....................  80.141  General         No change.
                             provisions for ship
                             stations.
83.303 (a-c)..............  80.141  General         No change.
                             provisions for ship
                             stations.
83.304 (a&b)..............  80.141  General         No change.
                             provisions for ship
                             stations.

[[Page 835]]

 
83.315 (a&b)..............  80.351  Scope.........  Simplified.
83.316 (a-c)..............  80.357  Working         Simplified.
                             frequencies.
83.317 (a-i)..............  80.355  Distress,       Simplified.
                             urgency, safety, call
                             and reply frequencies.
83.318 (a&b)..............  80.359  Frequencies     Simplified.
                             for digital selective
                             calling (DSC).
83.319 (a&c)..............  80.357  Working         Simplified.
                             frequencies.
83.320 (a,c&d)............  80.361  Frequencies     Clarified.
                             for narrow-band
                             direct-printing
                             (NBDP) and data
                             transmissions.
83.321....................  80.361  Frequencies     Clarified.
                             for narrow-band
                             direct-printing
                             (NBDP) and data
                             transmissions.
83.322 (a-d)..............  80.355  Distress,       Clarified.
                             urgency, safety, call
                             and reply frequencies.
83.323 (a-c)..............  80.355  Distress,       Clarified.
                             urgency, safety, call
                             and reply frequencies.
83.324 (a-g)..............  80.357  Working         Simplified.
                             frequencies.
83.325....................  80.100  Morse code      Clarified.
                             requirement.
                            80.353  General uses--  Clarified.
                             radiotelegraphy.
83.326 (a-c)..............  80.99  Radiotelegraph   No change.
                             station
                             identification.
83.327 (a&b)..............  80.98  Radiotelegraph   No change.
                             testing procedure.
83.328 (a-g)..............  80.97  Radiotelegraph   Clarified.
                             operating procedures.
83.328 (a,c,d)............  80.353  General uses--  No change.
                             radiotelegraphy.
83.329 (a-d)..............  80.142  Ships using     No change.
                             radiotelegraphy.
83.330 (a-j)..............  80.142  Ships using     No change.
                             radiotelegraphy.
83.332 (a&b)..............  80.363  Frequencies     Clarified.
                             for facsimile.
                            80.1157  Facsimile....  Clarified.
83.333 (a-c)..............  80.401  Station         Clarified.
                             document requirement.
83.334 (a-c)..............  80.409  Station logs..  Clarified.
83.335....................  80.385  Frequencies     Simplified.
                             for automated systems.
83.337 (a-c)..............  80.131  Radioprinter    Simplified.
                             operations.
                            80.1155  Radioprinter.  Simplified.
83.339 (a-e)..............  80.131  Radioprinter    Simplified.
                             operations.
                            80.1155  Radioprinter.  Simplified.
83.341 (a&b)..............  80.131  Radioprinter    Simplified.
                             operations.
                            80.1155  Radioprinter.  Simplified.
83.351 (a&b)..............  80.369  Distress,       Simplified.
                             urgency, safety, call
                             and reply frequencies.
83.352 (a-d)..............  80.369  Distress,       Simplified.
                             urgency, safety, call
                             and reply frequencies.
83.353 (a-d)..............  80.369  Distress,       Simplified.
                             urgency, safety, call
                             and reply frequencies.
83.354....................  80.371  Public          Simplified.
                             correspondence
                             frequencies.
83.355 (a-c)..............  80.371  Public          Simplified.
                             correspondence
                             frequencies.
83.356....................  80.371  Public          Simplified.
                             correspondence
                             frequencies.
83.357....................  Deleted...............  ....................
83.358 (a-e)..............  80.373  Private         Simplified.
                             communications
                             frequencies.
83.359 (a)................  80.371  Public          Clarified.
                             correspondence
                             frequencies.
83.359 (a)................  80.373  Private         Clarified.
                             communications
                             frequencies.
83.359 (b)................  80.379  Maritime        Simplified.
                             frequencies
                             assignable to
                             aircraft stations.
83.360 (a&b)..............  80.373  Private         Simplified.
                             communications
                             frequencies.
83.361 (a-c)..............  80.383  Vessel traffic  Simplified.
                             services (VTS) system
                             frequencies.
83.362 (a-g)..............  80.373  Private         Simplified.
                             communications
                             frequencies.
83.363 (a&b)..............  80.367  General         Simplified.
                             conditions of use.
83.364 (a-t)..............  80.102  Radiotelephone  Simplified.
                             station
                             identification.
83.365 (a&b)..............  80.101  Radiotelephone  Simplified.
                             testing procedure.
83.366 (a-j)..............  80.116  Radiotelephone  Simplified.
                             operating procedures
                             for ship stations.
83.367 (a&b)..............  80.401  Station         Simplified.
                             document requirement.
83.368 (a-e)..............  80.409  Station logs..  Simplified.
83.370 (a&b)..............  80.373  Private         Simplified.
                             radiotelephone
                             frequencies.
83.373....................  80.385  Frequencies     Simplified.
                             for automated systems.
83.401 (a-c)..............  80.375  Radiodetermina  Simplified.
                             tion frequencies.
83.403....................  80.375  Radiodetermina  Simplified.
                             tion frequencies.
                            80.1201  Special        Simplified.
                             provisions for cable
                             repair ship stations.
83.404 (a&b)..............  80.375  Radiodetermina  Simplified.
                             tion frequencies.
83.405....................  Deleted  .............  ....................
83.431....................  80.33  Developmental    Simplified.
                             license.
83.432 (a-c)..............  80.33  Developmental    Simplified.
                             license.
83.433 (a-c)..............  80.391  Frequencies     Simplified.
                             for developmental
                             operations.
83.434 (a-c)..............  80.33  Developmental    Simplified.
                             license.
83.435 (a-c)..............  80.33  Developmental    Simplified.
                             license.
83.436....................  80.33  Developmental    Simplified.
                             license.
83.437 (a-c)..............  80.33  Developmental    Simplified.
                             license.
83.441 (a-d)..............  80.802  Inspection of   Simplified.
                             station.
83.442....................  80.804  Radio station.  Simplified.
83.443 (a-c)..............  80.805  Radio           Clarified.
                             installations.
83.444 (a-g)..............  80.806  Requirements    No change.
                             of main installation.
83.445 (a-i)..............  80.807  Requirements    No change.
                             of radiotelephone
                             installation.
83.446 (a&b)..............  80.808  Requirements    No change.
                             of reserve
                             installation.
83.447....................  80.809  Routing of      No change.
                             power supply wiring.
83.448....................  80.810  User of         Clarified.
                             reserve installation.

[[Page 836]]

 
83.449 (a&b)..............  80.811  Tests of        No change.
                             reserve installation
                             and automatic
                             radiotelegraph alarm-
                             signal keyer.
83.451....................  80.812  Automatic-      No change.
                             alarm-signal keying
                             device.
83.452 (a&b)..............  80.813  Installation    No change.
                             of automatic-alarm-
                             signal keying device.
83.453 (a&b)..............  80.814  Radiotelegraph  Simplified.
                             auto alarm.
83.454 (a-e)..............  80.815  Installation    Clarified.
                             of radiotelegraph
                             auto alarm.
83.457 (a-c)..............  80.817  Tests of        No change.
                             radiotelegraph auto
                             alarm.
83.458 (a&b)..............  80.818  Direction       No change.
                             finding and homing
                             equipment.
83.459 (a&b)..............  80.819  Requirements    No change.
                             for radio direction
                             finder.
83.460....................  80.820  Auxiliary       Simplified.
                             receiving antenna.
83.461 (a&b)..............  80.821  Installation    Simplified.
                             of direction finder.
83.462 (a&b)..............  80.822  Contingent      Clarified.
                             acceptance of
                             direction finder
                             calibration.
83.463 (a-c)..............  80.823  Check bearings  Simplified.
                             by authorized ship
                             personnel.
83.464 (a&b)..............  80.824  Homing          No change.
                             facility requirements.
83.465 (a-c)..............  80.825  Radar           Clarified.
                             installation
                             requirements
                             specifications.
83.466 (a-c)..............  80.826  Interior        No change.
                             communication systems.
83.467....................  80.827  Requirements    No change.
                             for interior
                             communications system.
83.468....................  80.828  Radiotelegraph  No change.
                             station clock.
83.469 (a-f)..............  80.829  Survival craft  No change.
                             non-portable
                             radiotelegraph
                             installation.
83.471 (a-e)..............  80.830  Power supply    No change.
                             for survival craft
                             non-portable
                             radiotelegraph
                             installation.
83.472 (a-c)..............  80.831  Survival craft  No change.
                             portable
                             radiotelegraph
                             equipment.
83.473 (a-c)..............  80.832  Tests of        No change.
                             survival craft radio
                             equipment.
83.474 (a-d)..............  80.833  Class S         No change.
                             survival craft
                             emergency position
                             indicating
                             radiobeacons EPIRB's.
83.475 (a-c)..............  80.834  Survival craft  No change.
                             portable two-way
                             radiotelephone
                             apparatus.
83.479 (a&b)..............  80.835  Ship and        No change.
                             survival craft
                             station spare parts,
                             tools, instruction
                             books, circuit
                             diagrams and testing
                             equipment.
83.480 (a-d)..............  80.836  General and     No change.
                             individual ship
                             exemptions.
83.481....................  Deleted...............  ....................
83.482 (a-e)..............  80.853  Radiotelephone  Clarified.
                             station.
83.483 (a-f)..............  80.854  Radiotelephone  Clarified.
                             installation.
83.484 (a-h)..............  80.855  Radiotelephone  Clarified.
                             transmitter.
83.486....................  80.856  Automatic       No change.
                             radiotelephone alarm
                             signal generator.
83.487....................  80.857  Installation    No change.
                             of automatic
                             radiotelephone alarm
                             signal generator.
83.488 (a-e)..............  80.858  Radiotelephone  No change.
                             receiver.
83.489 (a&b)..............  80.859  Main power      No change.
                             supply.
83.491 (a-h)..............  80.860  Reserve power   No change.
                             supply.
83.492....................  80.861  Required        No change.
                             capacity.
83.493 (a-e)..............  80.862  Proof of        No change.
                             capacity.
83.494 (a-c)..............  80.863  Antenna system  No change.
83.496 (a&b)..............  80.864  Emergency       No change.
                             electric lights.
83.497....................  80.865  Radiotelephone  No change.
                             station clock.
83.498....................  80.866  Spare antenna.  No change.
83.499 (a&b)..............  80.867  Ship station    No change.
                             tools, instruction
                             books, circuit
                             diagrams and testing
                             equipment.
83.501....................  80.868  Card of         No change.
                             instructions.
83.502....................  80.869  Test of         No change.
                             radiotelephone
                             station.
83.504 (a&b)..............  80.870  Survival craft  No change.
                             radio equipment.
83.511....................  80.901  Applicability.  No change.
83.512....................  80.903  Inspection of   No change.
                             radiotelephone
                             installation.
83.513....................  80.411  Vessel          Simplified.
                             certification or
                             exemption.
83.514 (a-d)..............  80.905  Radiotelephone  Simplified.
                             installation.
83.516 (a&b)..............  80.907  Principal       Simplified.
                             operating position.
83.517 (a&b)..............  80.909  Medium          No change.
                             frequency transmitter.
83.518 (a-e)..............  80.911  VHF             Simplified.
                             transmitter.
83.519 (a-f)..............  80.913  Radiotelephone  Clarified.
                             receivers.
83.521 (a-c)..............  80.915  Main power      Clarified.
                             supply.
83.522 (a-g)..............  80.917  Reserve power   Simplified.
                             supply.
83.523....................  80.919  Required        Clarified.
                             capacity.
83.524 (a-e)..............  80.921  Proof of        Clarified.
                             capacity.
83.526....................  80.923  Antenna system  Clarified.
83.527 (a&b)..............  80.925  Electric light  Clarified.
83.528....................  80.927  Antenna radio   No change.
                             frequency indicator.
83.529....................  80.929  Nameplate.....  No change.
83.531....................  80.931  Test of         No change.
                             radiotelephone
                             installation.
83.532 (a-c)..............  80.933  General         No change.
                             exemption.
83.536 (a-e)..............  80.951  Applicability.  No change.
83.537....................  80.953  Inspection and  No change.
                             certification.
83.539 (a-d)..............  80.955  Radiotelephone  No change.
                             installation.
83.541 (a&b)..............  80.957  Principal       No change.
                             operating position.
83.542 (a-c)..............  80.959  Radiotelephone  No change.
                             transmitter.
83.543 (a&b)..............  80.961  Radiotelephone  No change.
                             receiver.
83.544 (a&b)..............  80.963  Main power      No change.
                             supply.
83.545 (a-e)..............  80.965  Reserve power   No change.
                             supply.

[[Page 837]]

 
83.546....................  80.967  Antenna system  No change.
83.547 (a&b)..............  80.969  Illumination    No change.
                             of operating controls.
83.548....................  80.971  Test of         Simplified.
                             radiotelephone
                             installation.
83.551 (a&b)..............  80.251  Scope.........  Simplified.
83.552 (a-g)..............  80.253  Technical       Clarified.
                             requirements of main
                             transmitter.
83.553 (a-e)..............  80.255  Technical       Clarified.
                             requirements of
                             reserve transmitter.
83.554 (a&b)..............  80.251  Scope.........  Simplified.
83.555 (a-h)..............  80.259  Technical       Clarified.
                             requirements for
                             radiotelephone auto
                             alarm receiver (auto
                             alarm).
83.556 (a-k)..............  80.257  Manufacturing   No change.
                             requirements for
                             radiotelegraph auto
                             alarm receiver (auto
                             alarm).
83.557....................  80.251  Scope.........  Clarified.
83.561....................  Delted................  ....................
83.562 (a-l)..............  80.261  Technical       Simplified.
                             requirements for
                             automatic alarm
                             signal keying device.
83.564....................  80.251  Scope.........  Simplified.
83.567 (a-e)..............  80.263  Common          Simplified.
                             requirements for
                             survival craft radio
                             equipment.
83.568 (a-g)..............  80.265  Requirements    Simplified.
                             for survival craft
                             portable radio
                             equipment.
83.569 (a-e)..............  80.267  Requirements    Simplified.
                             for survival craft
                             nonportable radio
                             equipment.
83.570 (a-c)..............  80.269  Technical       Simplified.
                             requirements for
                             radiotelephone
                             distress frequency
                             watch receiver.
83.601 (a-e)..............  80.1059  Special        Clarified.
                             requirements for
                             Class S EPIRB
                             stations.
83.603 (a-i)..............  80.271  Technical       Clarified.
                             requirements for
                             portable survival
                             craft radiotelephone
                             tranceivers.
83.651 (a&b)..............  80.149  Answer to       No change.
                             notice of violation.
83.652....................  Deleted...............  ....................
83.701 (a-d)..............  80.1001  Applicability  Clarified.
83.703....................  80.1003  Station        Simplified.
                             required.
83.705....................  80.1005  Inspection of  No change.
                             station.
83.709 (a-b)..............  80.1007  Bridge-to-     Clarified.
                             bridge radiotelephone
                             installation.
83.711....................  80.1009  Principal      No change.
                             operator and
                             operating position.
83.713 (a-b)..............  80.1011  Transmitter..  Clarified.
83.715 (a-c)..............  80.1013  Receiver.....  Simplified.
83.717 (a-c)..............  80.1015  Power supply.  Simplified.
83.719 (a&b)..............  80.1017  Antenna        No change.
                             system.
83.721....................  80.1019  Antenna radio  No change.
                             frequency indicator.
83.723....................  80.1021  Nameplate....  No change.
83.725....................  80.1023  Test of        No change.
                             radiotelephone
                             installation.
83.811 (a&b)..............  80.1177  Assignment     Simplified.
                             and use of
                             frequencies.
83.813 (a&b)..............  80.15  Eligibility for  Simplified.
                             station license.
83.815 (a-c)..............  80.1175  Scope of       Simplified.
                             communications.
83.817....................  80.1179  On-board       Simplified.
                             repeater limitations.
83.819 (a-c)..............  80.413  On-board        Simplified.
                             station equipment
                             records.
83.821....................  Deleted...............
83.823 (a&b)..............  80.1175  Scope of       Simplified.
                             communications.
83.825 (a-d)..............  80.1181  Station        Clarified.
                             identification.
83.835 (a-f)..............  80.1183  Remote         No change.
                             control for
                             maneuvering or
                             navigation.
83.840....................  80.1185  Supplemental   No change.
                             eligibility
                             requirement for
                             satellite stations.
83.841....................  80.1187  Scope of       No change.
                             communication.
83.842 (a-d)..............  80.1189  Order of       No change.
                             priority.
83.843 (a&b)..............  80.377  Frequencies     Simplified.
                             for ship earth
                             stations.
83.851 (a-d)..............  80.871  VHF             No change.
                             radiotelephone
                             station.
83.852 (a-d)..............  80.872  The VHF         No change.
                             radiotelephone
                             installation.
83.853 (a-d)..............  80.873  VHF             No change.
                             radiotelephone
                             transmitter.
83.854 (a-e)..............  80.874  VHF             No change.
                             radiotelephone
                             receiver.
83.855 (a-d)..............  80.875  VHF             Simplified.
                             radiotelephone power
                             supply.
83.856....................  80.876  VHF             No change.
                             radiotelephone
                             antenna system.
83.857 (a-h)..............  80.877  Controls and    No change.
                             indicators required
                             for the VHF
                             radiotelephone
                             installation.
83.1100...................  80.1169  Automated      Simplified.
                             Maritime
                             Telecommunications
                             System (AMTS).
83.1103...................  80.1169  Automated      Simplified.
                             Maritime
                             Telecommunications
                             System (AMTS).
83.1105...................  80.385  Frequencies     No change.
                             for automated systems.
                            80.1171  Assignment     Simplified.
                             and use of
                             frequencies.
------------------------------------------------------------------------


[[Page 839]]



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
80  Added; eff. 10-2-86 (regulations transferred from Parts 81 and 
        83)........................................................31213
80.156  Correctly added............................................34984
80.207  (d) table footnote 5 corrected  ...........................34984
80.313  Introductory text corrected................................34984
80.355  Heading corrected; (c)(2) correctly removed; (c)(3) and 
        (4) correctly redesignated as (c)(2) and (c)...............34984
80.357  Heading corrected..........................................34984
80.373  (d)(1) table corrected.....................................34984
80.559  (c) corrected..............................................34984
81  Removed; eff. 10-2-86 (regulations transferred to Part 80).....31213
83  Removed; eff. 10-2-86 (regulations transferred to Part 80).....31213
87.29  (a)(7) added.................................................1513
87.49  Redesignated as 87.51; new 87.49 added......................17341
87.51  Redesignated from 87.49.....................................17341
87.77  (b) amended; eff. 10-2-86...................................31305
87.183  (j)(3)(ii) amended; (cc)(3) revised; (cc)(4) added..........1513
    (j)(1) amended; eff. 10-2-86...................................31305
87.237  Amended; eff. 10-2-86......................................31305
    Corrected......................................................34984
87.305  Added......................................................29106
87.431  (d) redesignated as (e); new (d) added......................1513
87.433  (b) amended.................................................1513
87.513  (g) revised................................................37911
90.7  Amended; eff. 10-22-86.......................................14995
90.17  (c)(3) revised; eff. 10-22-86...............................14995
90.53  (a) table and (b)(31) revised; (b)(8) removed; eff. 10-22-
        86.........................................................14995
    (b)(1) introductory text, (ii), and (iii) amended; eff. 10-2-
86.................................................................31305
90.63  (d)(15) revised; eff. 10-22-86..............................14995
90.65  (c)(37) revised; eff. 10-22-86..............................14995
90.67  (c) (18) and (29) revised; eff. 10-22-86....................14995
90.73  (d) (28), (30), and (32), and (e)(4) introductory text 
        revised; eff. 10-22-86.....................................14995
90.75  (c)(15), (25) introductory text and (vi) revised; (c)(25) 
        (vii) and (viii) added.....................................18331
90.79  (d) (4) and (13) revised; eff. 10-22-86.....................14996
    (d)(4) revised.................................................36014
90.81  (d)(4) revised; eff. 10-22-86...............................14996
    (a) and (d)(4) revised; (d)(1) removed; (c) table amended......30867
90.89  (c)(10) revised; eff. 10-22-86..............................14996
90.91  (c)(10) revised; eff. 10-22-86..............................14996
90.93  (c)(11) revised; eff. 10-22-86..............................14996
90.103  (c)(11), (15) and (16) amended; eff. 10-2-86...............31305

[[Page 840]]

90.111  Revised; eff. 10-22-86.....................................14996
90.119  (a)(2)(ii) revised; eff. 10-22-86..........................14996
90.127  Heading and (a) revised; eff. 10-22-86.....................14996
90.129  Introductory text revised; eff. 10-22-86...................14996
    (g) revised....................................................15003
90.135  Revised; eff. 10-22-86.....................................14997
    (c) (1) and (2) redesignated as (c) (2) and (3); new (c)(1) 
added..............................................................18795
    (a)(8) added...................................................36014
90.137  (a) introductory text revised; (a)(3) added; eff. 10-22-86
                                                                   14997
90.139  Heading and (b) revised; eff. 10-22-86.....................14997
90.141  Revised; eff. 10-22-86.....................................14997
90.145  (c) added; eff. 10-22-86...................................14997
90.151  (a) and (d) revised; eff. 10-22-86.........................14997
90.159  Revised; eff. 10-22-86.....................................14997
90.175  Revised; eff. 10-22-86.....................................14998
    (f)(3) revised; (f)(13) added..................................36014
90.176  (a) (1) and (3) and (b) (1) and (3) revised; eff. 10-22-86
                                                                   14998
90.179  (e) revised................................................36014
90.205  (b) table amended..........................................37400
90.209  Second (h) redesignated as (i).............................37400
    (b)(4) and (c) introductory text revised; (b) (5) through (8), 
(c) (1) through (3), and (h) and (i) redesignated as (b) (6) 
through (9), (c)(1) (i) through (iii), and (i) and (j); new 
(b)(5), (c)(2) (i) through (iii), and (h) added....................37401
90.211  (d) introductory text and (2) revised; (d)(1)(iii) added 
                                                                   37401
90.213  (a) table amended; footnote 11 revised.....................37401
90.237  Introductory text revised; eff. 10-22-86...................14998
90.303  Table amended; footnote 4 added.............................4361
90.311  Table amended...............................................4362
90.477  (a) revised; eff. 10-22-86.................................14998
    (b) introductory text revised..................................37401
90.492  Revised....................................................37402
90.494  (b) revised; eff. 10-22-86.................................14999
90.525  Removed....................................................37406
90.527  Removed....................................................37406
90.555 (Subpart R)  Heading revised................................37406
90.601--90.657 (Subpart S)  Heading revised........................37402
90.601  Revised....................................................37402
90.603  Introductory text revised..................................37402
90.605  Revised; eff. 10-22-86.....................................14999
90.607  (e) added; eff. 10-22-86...................................14999
90.611--90.633  Undesignated center heading revised................37402
90.613  Introductory text revised; table heading parenthetical 
        text removed; new table added..............................37402
90.617  Heading revised; Tables 2, 3, and 4 redesignated as Tables 
        2A, 3A, and 4A and headings revised; new Tables 2B, 3B, 
        and 4B added...............................................37404
90.621  (a) and (c) revised; eff. 10-22-86.........................14999
    (a)(1) (i) and (iv), and (2)(i) and (g) revised................37404
90.627  (a) and (b)(2) revised; (b)(3) added.......................37404
90.635--90.657  Undesignated center heading revised................37404
90.635  (d) Tables 2, 3, and 4 headings revised....................37404
90.637  (a) revised................................................37405
90.645  (f) and (g) revised; (h) redesignated as (i); new (h) 
        added......................................................37405
90.657  Revised; eff. 10-22-86.....................................14999
94.3  Amended.......................................................2704
    Effective date corrected........................................4596
94.5  Amended; eff. 10-2-86........................................31305
94.9  (b)(1) amended; eff. 10-2-86.................................31305
94.15  (b) revised.................................................41630
94.17  Revised.....................................................10546
94.27  (a)(5) revised; (b) redesignated as (a)(6) and revised.......2704
    Effective date corrected........................................4596
94.31  (i) revised.................................................15003
94.51  Revised......................................................2704
    Effective date corrected........................................4596
94.61  (a) amended..................................................2704
    Effective date corrected........................................4596
94.63  (d)(1) amended...............................................2704

[[Page 841]]

    Effective date corrected........................................4596
94.67  Amended......................................................2704
    Effective date corrected........................................4596
94.75  (b) table amended...........................................19841
94.191  (b) amended.................................................2704
    Effective date corrected........................................4596
97  Temporary waiver granted.......................................10546
    Reimbursement fee..............................................45891
97.3  (k) added.....................................................2716
    (m)(3) revised..................................................3070
    (w) revised....................................................17030
    (k), (r), and (aa) revised.....................................17342
    Petitions dismissed............................................28237
    (k) revised; (dd) added........................................37027
97.7  Revised.......................................................2716
    (b) table amended...............................................9012
    (g)(8) and (9) revised.........................................37027
97.21  Revised (effective date pending)............................30646
    Revision eff. 12-31-86.........................................41630
97.25  (b) revised.................................................42576
97.27  Revised (effective date pending)............................30646
    Revision eff. 12-31-86.........................................41630
97.28  (e) revised.................................................42577
97.29  (a) revised (effective date pending)........................30646
    (a) revision eff. 12-31-86.....................................41630
97.61  Revised......................................................2719
    (b)(1) amended..................................................3788
    (a) table and (c) amended; (b) revised..........................7798
    (a) table amended; (d)(2) revised...............................9012
    (c) revised....................................................37027
97.67  (a) and (b) revised; (g), (h), and (i) added.................2720
    (c) removed....................................................17343
    Petitions dismissed............................................28237
    (i) revised....................................................37027
    (i) correctly designated.......................................39861
97.69  (d) added....................................................3070
97.79  (b) revised..................................................3070
97.80  Added........................................................3070
    (b) revised....................................................39537
97.84  (d)(1) amended..............................................21175
97.85  (f)(2) removed; (f)(3) redesignated as (f)(2)................2720
    (g) revised....................................................17343
    Petitions dismissed............................................28237
    (g) amended....................................................37027
97.87  (d) amended..................................................2720
97.114  (c)(2) corrected............................................2402
    (b)(4) added....................................................3070
    (b)(4) revised.................................................39537
97.185  (b) table amended; (c)(6) removed...........................2720
97.415  Revised.....................................................2720
97.517  Revised (effective date pending)...........................30646
    Revision eff. 12-31-86.........................................41630
97.521  Revised (effective date pending)...........................30646
    Revision eff. 12-31-86.........................................41630
97  Appendix 5 removed.............................................17343
    Petitions dismissed............................................28237

                                  1987

47 CFR
                                                                   52 FR
                                                                    Page
Chapter I
80.5  Amended................................................7417, 35244
80.19  Table corrected.............................................35244
80.23  (c) revised.................................................10231
80.80  (a)(4) footnote 1 revised...................................35244
80.89  (g) added...................................................35244
80.95  (a)(3) revised..............................................35244
80.102  (a) amended; (e) added.....................................35244
80.111  (a)(6) added...............................................35244
80.143  (b)(4) added...............................................35244
80.177  (d) added..................................................41434
80.203  (b) amended................................................41434
80.205  (a) table amended; (a) table Footnote 12 added..............7418
80.207  (d) table amended; (d) table Footnote 12 added..............7418
    (a) introductory text revised; (a)(4) added....................35244
80.209  (a) table amended; (a) table Footnote 4 and (c) added.......7418
80.213  (c), (d), (f), and (g) redesignated as (d), (c), (g), and 
        (k); new (f), (h), (i), and (j) added.......................7418
    (h) and (i)(1) (i) and (vii) revised; (i)(1) introductory text 
republished........................................................28825
80.215  (m) and (n) added...........................................7419
    (b)(1)(i) corrected; (c)(1) footnote 12 added; (e)(1), (g) 
(3), and (4) revised; (m) and (n) correctly designated.............35244
80.219  (a)(3) correctly revised...................................35244
80.225  Introductory text amended..................................35245
80.303  (a) revised................................................35245
80.327  (c) revised................................................35245
80.355  Heading revised............................................35245
80.369  (c) revised................................................35245
80.371  (a) table amended; (d) amended.............................35245
80.371  (c) revised................................................48439

[[Page 842]]

80.373  (c)(1) table, (2)(iii), (f) table and footnotes 2, 4 and 
        10 amended; (c)(1) table footnotes 3 and 4 added; (c)(2) 
        introductry text, (f) table footnotes 5 and 9, and (i) 
        heading revised; (c)(2) (iv) and (v) removed...............35245
80.375  (c) and (d) revised.........................................7419
80.383  (b)(2) correctly revised...................................35245
80.387  (b) table amended; (b) table footnote 3 added..............35245
80.409  (a)(3) and (f)(1) revised..................................35245
80.471  Heading correctly revised..................................35245
80.475  (a) revised; (b) (1) and (2) corrected.....................35245
80.477  (c) added..................................................35245
80.514  Added......................................................35246
80.601--80.603 (Subpart M)  Heading revised........................35246
80.605  Revised.....................................................7419
80.655  (a)(1) revised; (a)(2) redesignated as (a)(3); new (a)(2) 
        added......................................................35246
80.825  Revised; eff. 10-13-87.....................................35247
80.860  Correctly designated.......................................35246
80.871  (d) table corrected........................................35246
80.879  Added......................................................35246
80.1019  Revised...................................................35246
80.1053  (a)(4) corrected..........................................35246
80.1055  (a)(3) correctly revised..................................35246
80.1185  Revised...................................................27003
80.1187  Revised...................................................27003
80.1189  Added.....................................................27003
90.7  Amended......................................................29855
90.17  (d)(5) added.................................................6155
    (b) table amended..............................................29855
    (d)(2) removed.................................................29857
90.19  (f)(6) added.................................................6155
    (d) table amended..............................................29855
    (f)(2) removed.................................................29857
90.21  (d)(5) added.................................................6155
    (d)(2) removed.................................................29857
90.23  (d)(4) added.................................................6155
    (d)(1) removed.................................................29857
90.25  (d)(5) added.................................................6155
    (c)(19) revised................................................29855
    (d)(2) removed.................................................29857
90.53  (c)(5) added.................................................6155
    (b)(29)(iii) amended...........................................29855
    (c)(2) removed.................................................29857
90.63  (e)(5) added.................................................6155
    (d)(19) amended................................................29855
    (e)(2) removed.................................................29857
90.65  (d)(5) added.................................................6155
    (d)(2) removed.................................................29857
90.67  (d)(4) added.................................................6155
    (d)(2) removed.................................................29857
90.69  (d)(4) added.................................................6156
    (d)(2) removed.................................................29857
90.71  (d)(3) added.................................................6156
    (d)(1) removed.................................................29857
90.73  (e)(6) added.................................................6156
    (c) table amended; (d)(23) revised.............................29855
    (e)(2) removed.................................................29857
90.75  (d)(5) added.................................................6156
    Second (c)(24) redesignated as (c)(43) and revised; (b) table 
and (c)(25)(viii) table amended; (c)(15) revised...................29855
    (d)(1) removed.................................................29857
90.79  (e)(4) added.................................................6156
    (c) table amended..............................................29856
    (e)(2) removed.................................................29857
90.81  (e)(3) added.................................................6156
    (e)(1) removed.................................................29857
90.89  (d)(4) added.................................................6156
    (d)(1) removed.................................................29857
90.91  (d)(6) added.................................................6156
    (b) table amended..............................................29856
    (d)(1) removed.................................................29857
90.93  (e) added....................................................6156
    (d)(1) removed.................................................29857
90.95  (f) added....................................................6156
    (e)(1) removed.................................................29857
90.103  (c)(9) amended.............................................29856
90.127  (a) revised................................................10231
90.129  (o) introductory text amended..............................29856
90.135  (f) added..................................................10232
90.151  (d) revised................................................10232
90.203  (e) through (h) added......................................47570
90.205  Petition comment time extended..............................4016
90.207  (k) amended................................................29856
90.209  Petition comment time extended..............................4016
90.211  Petition comment time extended..............................4016
90.213  Petition comment time extended..............................4016
90.261  (b) amended................................................29856
90.266  (g) amended................................................29856
90.267  (a) (1) and (2) revised; (a)(6)(iii) added..................4501
    (b) table amended..............................................29856
90.271  (d) removed................................................29857
90.273  Added.......................................................6156
90.275  Added.......................................................6157
90.277  Added.......................................................6157

[[Page 843]]

90.279  Added.......................................................6157
90.281  Added.......................................................6158
90.303  (a) table amended..........................................29856
90.354  Revised....................................................10232
90.360  (b) and (c) revised........................................10232
90.376  (a) revised; (c) added......................................1332
90.427  Existing text designated as (a); new (b) added.............47570
90.477  Petition comment time extended..............................4016
    (f) added......................................................15501
    (d)(3) table amended...........................................29856
90.490  (c) revised; (d) removed...................................15501
90.492  Petition comment time extended..............................4016
90.525  Petition comment time extended..............................4016
90.527  Petition comment time extended..............................4016
90.555 (Subpart R)  Petition comment time extended..................4016
    (b) table amended..............................................29856
90.601--90.657 (Subpart S)  Petition comment time extended..........4016
90.601  Petition comment time extended..............................4016
90.603  Petition comment time extended..............................4016
90.611--90.633  Petition comment time extended......................4016
90.611  (b) revised................................................10232
90.613  Petition comment time extended..............................4016
    Introductory text amended; tables amended......................29856
90.617  (a) introductory text, (b) introductory text, (c) 
        introductory text, and (d) introductory text revised........3662
    Petition comment time extended..................................4016
    (a), (b), (c), and (d) amended.................................29856
90.619  (a)(1) introductory text, (2) introductory text, (3) 
        introductory text, (4) introductory text, and (b) 
        introductory text revised...................................3662
90.621  (g) revised; (h) added......................................3662
    Petition comment time extended..................................4016
90.627  Petition comment time extended..............................4016
90.635--90.657  Petition comment time extended......................4016
90.635  Petition comment time extended..............................4016
    Table 1 amended................................................29857
90.637  (a) revised; (c) added......................................1332
    Petition comment time extended..................................4016
90.645  Petition comment time extended..............................4016
94.9  (b)(2)(iii) and (3) amended...................................7146
    Petitions denied...............................................43588
94.15  (b)(3) revised..............................................29857
94.25  (b) revised.................................................10232
    (k) removed....................................................29857
94.27  (a) introductory text and (3) amended.......................29857
94.31  (a) revised.................................................29857
94.45  (b) introductory text amended; (b) (1) and (2) removed......29857
94.61  (b) table amended; (b) table footnote 15 removed; (b) table 
        footnotes 30 and 31 added...................................7146
    (b) table footnote 22 amended..................................29857
    Petitions denied...............................................43588
94.63  (e)(3) revised..............................................29857
94.65  (g)(1) and (2) redesignated as (g)(4) and (3); new (g)(1) 
        and (2) and (m) added.......................................7146
    (g)(3) and (j)(5) introductory text amended....................29857
    Petitions denied...............................................43588
94.67  Table amended................................................7146
    Table amended; amendment at 52 FR 7146 correctly designated....29857
    Petitions denied...............................................43588
94.71  (b) table amended............................................7146
    (c)(3) revised; (c)(4) added...................................23551
    Petitions denied...............................................43588
94.73  (a)(1) and (2) removed; (a) table added......................7146
    Petitions denied...............................................43588
94.77  Revised......................................................7147
    Petitions denied...............................................43588
94.79  Added........................................................7147
    Petitions denied...............................................43588
95.71  (a) revised.................................................10232
95.207  (a) revised; (e) removed...................................16263
    Technical correction...........................................27993
97  Form 610 approved by OMB........................................7277

[[Page 844]]

    Petition for stay denied.......................................13243
    Authority citation revised.....................................18916
97.7  (a) table and (b) table amended; (g)(1) revised...............5116
97.21  Examination questions maintained..............................277
    Petition for stay denied........................................4501
    (c) and (d) revised.............................................5116
97.23  Revised......................................................5116
97.25  Clarification.................................................278
    (b) effective date changed......................................3663
    Petition for stay denied........................................4501
    (a) revised; (e) added..........................................5116
    (a) introductory text corrected................................18647
97.27  Examination questions maintained..............................277
    Petition for stay denied........................................4501
97.28  (e) effective date changed...................................3663
    (a) and (b) revised.............................................5116
97.29  Examination questions maintained..............................277
    Petition for stay denied........................................4501
97.61  (a) table amended; (d)(3) added........................5116, 5117
    (c) revised.....................................................5461
    (c) amended....................................................37463
    (a) table amended; (d)(3) revised..............................41717
97.67  (d)(6) revised; (j) and (k) added............................5117
97.84  (a) temporary waiver granted................................28826
97.85  (i) added....................................................5117
97.86  (e) added....................................................5117
97.87  (f) added....................................................5117
97.517  Examination questions maintained.............................277
    Petition for stay denied........................................4501
97.521  Examination questions maintained.............................277
    Petition for stay denied........................................4501
    Revised........................................................18916
Chapter III
Chapter III  Chapter established...................................49016
300  Added.........................................................49017

                                  1988

47 CFR
                                                                   53 FR
                                                                    Page
Chapter I
80.15  (e)(3) added; eff. 10-24-88.................................37308
80.83  Added; eff. 11-17-88........................................28225
80.157  Revised....................................................46455
80.203  (f), (g), (h), and (i) redesignated as (g), (h), (i), and 
        (j); new (f) added; eff. 10-24-88..........................37308
80.205  (a) footnote 12 revised; eff. 10-24-88.....................37308
80.207  (d) table amended...........................................8905
    (d) table amended; eff. 10-24-88...............................37308
80.209  (a) table amended; eff. 10-24-88...........................37308
80.223  (d) revised.................................................8905
    (d) revised; eff. 10-24-88.....................................37308
80.227  Added; eff. 11-17-88.......................................28225
80.308  Revised (effective date pending)...........................17052
    Eff. 2-1-89....................................................48650
80.373  (f) footnote 6 revised (effective date pending)............17052
    Eff. 2-1-89....................................................48650
80.956  (b)(1) amended; (b) (2) and (3) redesignated as (b) (3) 
        and (4); new (b)(2) added (effective date pending).........17052
    Eff. 2-1-89....................................................48650
80.1051  Revised; eff. 10-24-88....................................37308
80.1053  (a) (5) through (12) redesignated as (a) (6), (7) and (9) 
        through (14); (a)(4) and new (7) and (c) revised; (a) (5) 
        and (8) added...............................................8905
80.1055  (a)(3) revised.............................................8906
80.1061  Added; eff. 10-24-88......................................37308
87  Revised........................................................28940
87.5  Amended.......................................................8906
87.67  (b) table amended; (b) table footnote 7 revised..............8906
87.73  (h) revised; (i) and (j) added...............................8906
87.183  (f) introductory text and (l) revised.......................8906
90  Waiver..........................................................3751
    Petition granted...............................................11849
    Petitions denied...............................................35964
    Technical correction...........................................44144
90.7  Amended......................................................12156
90.16  Added........................................................1023
90.17  (b) table amended; (c)(15) revised...........................1023
90.19  (d) table amended; (e)(22) revised...........................1024
90.21  (b) table amended; (c)(10) revised...........................1024

[[Page 845]]

90.23  (b) table amended; (c)(10) revised...........................1024
90.25  (b) table amended; (c)(16) revised...........................1024
90.33  Revised.....................................................25608
    Petitions for reconsideration comment time extended............40894
90.34  Added........................................................1024
90.52  Added.......................................................25608
    Petitions for reconsideration comment time extended............40894
90.53  (a) table amended; (b)(21) revised...........................1024
    (b) (19) and (20) revised......................................25608
    Petitions for reconsideration comment time extended............40894
90.175  (b) revised.................................................1024
90.179  Heading and introductory text revised......................12156
90.203  (i) added...................................................1024
90.205  (b) table amended...........................................1024
90.209  (b)(4) revised; (i) and (j) redesignated as (j) and (k); 
        new (i) added...............................................1024
90.211  (d) introductory text and (1)(ii) revised; (d)(2) amended 
                                                                    1025
90.213  (a) table amended...........................................1025
90.350--90.390 (Subpart M)  Removed................................12156
90.362  (f) added...................................................3212
    (c)(3) added....................................................9448
90.477  (b) introductory text revised...............................1025
90.492  Revised.....................................................1025
90.601--90.657 (Subpart S)  Heading revised.........................1025
90.601  Revised..............................................1025, 12156
90.603  Introductory text revised...................................1025
    (c) revised....................................................12156
90.609  (c) revised................................................12156
90.611--90.633  Undesignated center heading revised.................1025
90.611  (b) revised; (c), (d), and (e) redesignated as (d), (e), 
        and (f); new (c) added; new (d) revised....................12156
90.613  Introductory text revised; table amended....................1025
90.615  Revised.....................................................9448
90.617  Heading, (a) introductory text, center heading and Table 1 
        heading revised; (a)(1) added...............................1026
    (d) introductory text and Table 4B heading revised; Table 4A 
amended; Table 4C added............................................12156
90.621  (c), (d) and (e) revised; (i) added.........................1027
    (j) added.......................................................3212
    (b)(3) added; (c) revised.......................................9448
90.627  (b)(2) revised.............................................12157
90.631  Heading and (b) revised; (c) through (f) redesignated as 
        (e) through (h); new (c) and (d) added.....................12157
90.635--90.657  Undesignated center heading revised.................1027
90.635  Tables 2, 3 and 4 heading revised...........................1027
90.637  (a) revised..........................................1027, 12158
90.655  Revised....................................................12158
94.3  Amended......................................................11856
94.15  (g) revised.................................................11857
94.25  (j) revised.................................................11857
94.31  (k) added...................................................11857
94.63  (d)(4)(i) and (5) revised...................................11857
    (d)(4)(i) revision deferral corrected..........................38725
    Petitions granted..............................................30059
    (d)(4)(i) revision effective date deferred.....................32901
94.65  (a) heading and (1) revised; (a) (2) through (4) 
        redesignated as (a)(2) (i), (ii), and (iii) and headings 
        revised; (a)(2) heading added..............................11857
    (a)(1) introductory text corrected.............................21454
    Petitions granted..............................................30059
94.67  Table amended; table footnote 5 revised; table footnote 9 
        added......................................................11859
94.71  (b) table amended; (b) table footnotes 6 and 7 and 
        (c)(2)(i) revised; (c) (3) and (4) redesignated as (c) (5) 
        and (6); new (c) (3) and (4) added; new (c)(5) 
        introductory text and (6) introductory text revised........11860
94.73  (a) table footnotes 1 and 3 revised.........................11861
    (a) table footnotes 1 and 3 correctly revised..................21454
95.1  (a) revised..................................................47714
95.3  Revised......................................................47714
95.5  Revised......................................................47714
    Corrected......................................................51625
95.7  (a) revised..................................................47715

[[Page 846]]

95.25  (d)(2)(ii) revised; (e) redesignated as (f); new (e) added; 
        (d) introductory text and (2) introductory text 
        republished................................................47715
    (e)(1) corrected...............................................51625
95.29  Revised.....................................................47715
95.39  Revised.....................................................47715
95.51  (f) revised.................................................47715
95.53  (a) introductory text, (c) introductory text and (d), and 
        (f) introductory text and (1) revised; (g) added...........47715
95.57  (b) introductory text and (1) revised.......................47716
95.71  (a) revised; (e) and (f) added..............................47716
    (f) corrected..................................................51625
95.73  (c) revised.................................................47716
95.75  (g), (h) introductory text, (i) introductory text, (g), 
        (j), and (n) revised.......................................47716
95.77  (a) revised; (b) removed....................................47716
95.83  (b) revised.................................................47716
95.89  Revised.....................................................47716
95.103  (c)(2) revised.............................................47717
95.113  (b)(2) removed.............................................47717
95.117  (b) introductory text amended; (b)(2) and (c) removed......47717
95.121  Revised....................................................47717
95.129  (b)(3) removed; (d) revised................................47717
95.131  Heading and (a) revised....................................47717
95.133  (b)(2) revised.............................................47717
95.135  Heading and (c) revised; (e) added.........................47717
95.137  Revised....................................................47717
95.139  Revised....................................................47717
95.141  Revised....................................................47717
95.175  Heading and introductory text revised......................47717
95.179  (b), (d), (e), and (f) revised.............................47717
    Correctly designated...........................................51625
95.212  (f) added...................................................8336
95.601--95.669 (Subpart E)  Revised; eff. 10-24-88.................36789
95.621  Revised....................................................47718
95.623  (a) corrected..............................................52713
95.635  (c)(2) corrected...........................................44144
95.651  Added......................................................47718
95.661  Removed....................................................47718
97.313  Revised....................................................21823
Chapter III
300.1  (b) revised.................................................30060
    (b) revised....................................................39096

                                  1989

47 CFR
                                                                   54 FR
                                                                    Page
Chapter I
80 (Subpart W)  Heading revised....................................40059
80.142  (b) revised................................................49993
80.153  (a) revised................................................10008
    (c)(2) revised.................................................40058
80.155  Revised....................................................10008
80.159  (c)(2) and (d)(2) revised..................................40058
80.169  (a) revised................................................40058
80.179  Added......................................................10008
80.203  (a) revised; (b) through (j) redesignated as (c) through 
        (k); new (b) added.........................................31839
80.207  (a)(1) revised.............................................40058
    (d) table amended..............................................49993
80.209  (a) table amended; (a) table footnotes 1 through 4 
        revised; footnote 5 added..................................49994
80.211  (b) introductory text revised..............................40058
    (a)(1) revised.................................................49994
80.213  (a)(2) revised.............................................40058
80.215  (d)(2)(iii) revised........................................40058
    (d)(3) added...................................................49994
80.219  Revised....................................................49994
80.221  (b)(1) revised.............................................40059
80.225  Revised....................................................10009
80.311  Undesignated center heading revised........................40058
80.359  (a) revised................................................49995
80.363  Introductory text and (b) revised; (a) amended.............40059
80.369  (a) revised................................................49995
80.373  (f) table amended...........................................8542
    (f) table footnote 3 revised; (f) table footnote 13 added......40059
80.381  Table footnote 1 removed...................................40059
80.383  (a) table revised...........................................8746
80.385  (b) redesignated as (c); new (b) added.....................29041
80.409  (f)(1) revised.............................................40059
80.559  (c) revised; footnote 1 added..............................40059
80.871  (a) revised; (d) table amended.............................40059
80.911  (d)(5) added...............................................40059
80.1185--80.1189  Undesignated center heading revised..............49995
80.1185  Heading revised...........................................49995
87.5  Amended...............................................11719, 49995

[[Page 847]]

87.23  (c) table footnote 1 revised................................11719
87.37  (a)(3) revised..............................................11719
87.103  (b) revised................................................11720
87.111  Revised....................................................11720
87.131  Revised....................................................11720
87.133  (a) Footnote 2 waived; eff. to 1-1-92......................42804
87.137  (a) table footnote 5 revised...............................11720
87.141  (f) revised................................................11721
87.147  (c)(3) revised.............................................11721
87.173  (b) amended................................................11721
87.187  (z) added..................................................23214
    (o) and (x) revised............................................49995
87.217  (a)(1) revised.............................................11721
87.263  (a)(2) and (e) revised.....................................11721
87.265  Revised....................................................11721
87.303  (d)(1) amended.............................................11721
87.305  (a)(1) amended.............................................11721
87.417  (a) and (b) amended........................................11721
87.421  Introductory text amended..................................11721
87.475  (b)(8) and (c)(1) revised; (c)(2) amended..................11721
87.503  Revised....................................................11721
90.7  Amended................................................4029, 38680
90.17  (c)(15) amended..............................................4029
90.19  (e)(22) amended..............................................4029
    (d) and (f)(5)(ii) amended.....................................38680
    (d) table amended; (e)(31) and (f)(7) added....................43294
90.21  (c)(10) amended..............................................4029
90.23  (c)(10) amended..............................................4029
90.25  (c)(16) amended..............................................4029
    (f)(2) amended.................................................39738
90.53  (b)(21) amended..............................................4029
90.63  (d)(17) amended..............................................4029
    (c) table amended..............................................39738
    (d) (5) and (17) amended.......................................39739
90.65  (c)(30) amended.......................................4029, 39739
    (d)(4) amended.................................................38680
    (b) table amended..............................................39738
90.67  (c)(20) amended.......................................4029, 39739
    (b) table amended..............................................39738
90.69  (c)(5) amended...............................................4029
    (b) table amended..............................................39738
    (b) and (c)(5) amended.........................................39739
90.71  (c)(3) amended........................................4029, 39739
    (b) table amended..............................................39738
90.73  (d)(21) amended.......................................4029, 39739
    (c) table amended..............................................39738
90.75  (c)(33) amended.......................................4029, 39739
    (b) table amended.......................................33903, 39738
    (c)(25)(viii) revised..........................................38680
90.79  (d)(15) amended..............................................4029
    (c) amended....................................................38680
    (c) table amended..............................................39738
    (d) (11) and (15) amended......................................39739
90.81  (d)(7) amended...............................................4029
    (c) table amended..............................................39738
    (d) (4) and (7) amended........................................39739
90.85  Amended.....................................................39739
90.89  (c)(12) amended.......................................4029, 39739
    (a)(4) amended.................................................38680
    (b) amended....................................................39739
90.91  (c)(13) amended.......................................4029, 39739
    (b) table amended..............................................39739
90.93  (c)(5) amended........................................4029, 39739
    (b) table amended.............................................33904,
38680, 39739
90.95  (d)(10) amended..............................................4029
    (c) amended....................................................38680
    (c) table amended..............................................39739
    (c) and (d)(10) amended........................................39739
90.103  (c) (22), (23), and (24) amended...........................39739
90.119  (g) amended.................................................4029
    (b) revised....................................................39739
90.125  (a) amended................................................38680
90.127  (a)(1) and (c)(4) amended..................................39739
90.129  (i) revised.................................................4030
90.135  (d) and (e) amended........................................38680
90.155  (a) and (b) amended.........................................4030
90.157  (a) amended................................................38680
90.159  Heading revised; existing text designated as (a); (b), 
        (c), (d), and (e) added....................................50239
90.173  (i) amended................................................39739
90.175  (f) (7), (8), (10) and (11) revised.........................4030
    (f)(7) removed.................................................39740
90.176  (b) amended................................................39740
90.177  (d)(1) amended.............................................38680
    (c) table amended..............................................39740
90.179  Introductory text revised; (g) added........................4030
    (c) and (e) amended............................................38681
90.201  Amended.....................................................4030
90.203  (b)(5) amended.............................................38681
90.205  (b) table and footnotes 5 and 6 amended....................38681
90.207  (c) amended................................................38681
90.209  (c)(2)(iii), (d)(3), (g)(2), (h) (1), (2), (3), (4), and 
        (j)(1) amended.............................................38681
90.235  Revised....................................................28679
90.241  (e) amended................................................38681
    (e) correctly designated.......................................45891
90.242  (a) heading and introductory text revised..................39740

[[Page 848]]

90.243  (b)(1) amended.............................................39740
90.251  Revised....................................................39740
90.257  (a)(1) and (b)(2) amended..................................38681
90.259  Amended....................................................38681
90.269  (a)(1) amended.............................................38681
90.271  (b)(4) amended.............................................39740
90.273  (c) amended................................................38681
90.281  (b) amended................................................38681
90.311  (a) table amended; eff. 10-27-89...........................39532
90.405  (b) amended................................................39740
90.419  (e) amended................................................38681
90.425  (c)(2) amended.............................................39740
90.437  (d) amended.................................................4030
90.463  (a) amended................................................39740
90.465  (a) amended................................................39740
90.492  Revised.....................................................4030
90.555  (b) table amended............................33904, 38681, 39740
90.611  (d) revised.................................................4030
90.613  Introductory text and table amended........................38681
    Table amended..................................................39740
90.617  Amended....................................................38682
90.621  (a)(2)(i) amended..........................................38682
90.629  (b) amended................................................38682
90.651  Amended....................................................38682
94.3  Amended......................................................19575
94.61  (b) table amended; footnotes added..........................10329
94.63  (d)(4)(i) revised...........................................19576
94.65  (a)(1)(iv) and (2) (i) through (iii) redesignated as 
        (a)(1)(v) and (2) (ii) through (iv); new (a)(1)(iv) and 
        (2)(i) added; new (a)(2) (ii) through (iv) headings 
        revised and text amended...................................10330
    Tables 7 through 9 correctly redesignated as Tables 9 through 
11 and effective date corrected....................................24906
    (g) (1) and (2) tables amended.................................38682
94.67  Table amended........................................10330, 24906
94.71  (b) table amended...........................................10330
94.73  (a) table amended...........................................10330
94.75  (b) table revised............................................1942
    (b) table amended..............................................10331
95.212  (f) corrected..............................................20476
97  Revised........................................................25857
    Petitions denied...............................................34996
97.5  (d) (2) and (5) corrected....................................39535
97.7  (c) table amended.............................................5934
    (a), (b) and (f) table headings correctly revised; CFR 
correction.........................................................19375
97.15  (b)(2) corrected............................................39535
97.61  (a) table amended............................................5935
97.109  Correctly revised..........................................39535
97.115  Corrected..................................................39535
97.119  (b)(3) and (c) correctly revised; (g) correctly removed....39535
97.207  (c)(1) correctly revised...................................39535
97.209  (b)(1) correctly revised...................................39535
97.211  (c)(1) correctly revised...................................39535
97.301  (a), (c), and (d) tables corrected.........................39535
97.303  (b), (f)(4), (k), and (n)(2) corrected.....................39536
97.305  (c) tables corrected.......................................39536
97.307  (f)(3) corrected...........................................30823
    (f) (5) and (6) correctly revised..............................39537
97.309  Corrected..................................................39535
    Heading, (a) (1), (2), and (3) correctly revised...............39537
97.313  Revised.....................................................7772
97.415  (a) table amended...........................................5935
Chapter III
300.1  (b) revised.................................................41447

                                  1990

47 CFR
                                                                   55 FR
                                                                    Page
Chapter I
80  Memorandum and order............................................7898
80.3  (b) revised..................................................20398
80.361  (a) introductory text revised; undesignated paragraph, 
        (a)(1) through (3) added...................................40181
80.375  (d)(2)(ii) revised..........................................6394
80.383  (a) table and footnote 1 revised...........................46514
87.5  Amended.......................................................4175
87.137  (a) table amended; footnote 5 revised.......................7333
    Footnote 5 revised.............................................13535
    (a) Footnote 5 amended.........................................28627
87.173  (b) table amended....................................7333, 28628
87.187  (w)(2) and (3) revised......................................7333
87.213  (b)(1) revised.............................................30464
87.215  (b) and (d) revised........................................30464
87.217  (a)(1) revised.............................................30464
87.263  (a)(1) and (c) revised; (a)(5) added.......................28628
87.303  (d)(1) revised..............................................4175
87.345  (b) revised................................................30464
    (e) removed; (f) redesignated as (e)............................7333

[[Page 849]]

87.347  (c) added..................................................30908
    (a) and (b)(2) revised.........................................30464
87.349  Revised....................................................30464
    (a) revised....................................................30908
87.417  (a) revised................................................30464
87.419  Revised....................................................30464
87.421  Introductory text revised..................................28628
    Introductory text and (a) through (c) revised..................30464
87.425  Revised....................................................30465
90  Authority citation revised.....................................28029
90.5  (b) revised..................................................20398
90.33  Revised.....................................................24896
90.52  Removed.....................................................24896
90.53  (b)(19) and (20) revised....................................24896
90.75  (b) table amended...........................................31598
    (b) table correctly amended....................................39278
90.93  (b) table amended...........................................31599
90.241  (e) correctly designated...................................45891
90.555  (b) table amended..........................................31599
    (b) table correctly amended....................................39278
90.609  Heading and (c) revised; (d) added.........................28029
90.611  (c) revised................................................28030
90.615  Heading revised; existing text designated as (a); (b) 
        added......................................................28030
90.619  (b) introductory text revised; (c) and (d) added...........42571
90.621  (a) introductory text, (1)(i), (iii), (c), (d), (e) and 
        (g) introductory text revised; (g)(3), (4) and (5) 
        redesignated as (g)(4), (5) and (6); new (g)(3) added......28030
90.629  Introductory text revised..................................28031
90.631  (b) amended................................................28031
94.3  Amended.......................................................9728
    Technical correction...........................................12360
94.15  (b) introductory text and (e) revised.......................10463
      (i) revised...................................................9728
    Technical correction...........................................12360
94.25  (e) added....................................................9728
    (k) added......................................................10464
94.51  (a) and (b) revised; (c) added...............................9728
    Technical correction...........................................12360
94.61  (b) Footnote 24 revised......................................9729
    Technical correction...........................................12360
94.63  (a) and (b) revised; (d)(6) and (7) added....................9729
    (a) and (d)(4)(i) revised; (d)(4)(ii) redesignated as 
(d)(4)(iii); new (d)(4)(ii) added..................................10464
    Technical correction...........................................12360
94.65  (i) and (j) introductory text revised; (j)(8) added..........9729
    Technical correction...........................................12360
    (e) revised....................................................30909
94.71  (b) table amended; footnote 2 revised.......................30909
94.73  Footnote 6 revised...........................................9730
    (a) table amended..............................................10464
    Technical correction...........................................12360
94.75  (b) table Footnote 3 revised; (h) added......................9730
    Technical correction...........................................12360
94.88  Added........................................................9730
    Technical correction...........................................12360
    Correctly revised..............................................18889
94.181-94.199 (Subpart F)  Removed..................................9730
    Technical correction...........................................12360
95.43  Revised.....................................................20398
95.71  (a) and (f) amended.........................................51908
95.72  Added.......................................................51908
95.81  Removed.....................................................20398
95.89  (a) revised.................................................51909
95.107  (d) revised................................................51909
95.111  Revised....................................................51909
95.117  (b) revised................................................51909
95.206  (b) revised................................................20398
95.406  (b) revised................................................20398
97.13  (a) revised.................................................20398
97.19  (b) revised.................................................30456
97.21  Amended.....................................................30456
97.119  (c) revised................................................30457
97.181  (b) removed................................................51909
97.203  (d) revised.................................................9323
97.205  (b) revised.................................................4613
97.301  Introductory text revised..................................30457
97.305  table corrected.....................................22013, 22031
    (c) introductory text republished; (c) table amended...........30457
99  Removed........................................................29848
99.11  (h) revised.................................................20399
Chapter III
300.1  (b) revised..................................................9324
Chapter II
201  Revised.......................................................51056
202  Revised.......................................................51058
212  Revised.......................................................51061
214  Revised.......................................................51062
215  Revised.......................................................51063
216  Added.........................................................51063

[[Page 850]]

Chapter III
300.1  (b) revised.................................................45808

                                  1991

47 CFR
                                                                   56 FR
                                                                    Page
Chapter I
80.5  Amended.......................................................3783
80.19  Table amended...............................................64715
80.29  (a) table amended............................................3783
80.54  Added........................................................3783
80.59  (c) revised.................................................64715
80.141  (d) added..................................................57988
80.203  (a) amended; (c) through (k) redesignated as (d) through 
        (l); new (c) added..........................................3787
    (g) amended....................................................57496
80.205  (a) table amended..........................................11516
80.207  (d) table amended..........................................11516
80.211  (e) redesignated as (g); new (e) added.....................11516
80.215  (h)(3) introductory text revised; (h)(5) removed; (h)(6) 
        redesignated as (h)(5)......................................3783
80.223  (d) revised................................................11516
80.355  (c)(2) revised..............................................9886
    (d)(2) revised.................................................11516
80.357  (a)(3), (b)(1) introductory text and (2)(ii) revised; 
        (b)(1) table amended........................................9887
    (b)(1) introductory text revised; (b)(1) table amended.........34029
80.359  (a) and (b) revised.........................................9890
    (a) table and (b) corrected....................................14150
80.361  (a) and (b) revised; (c) added..............................9890
80.363  (a) and (b) revised.........................................9893
80.369  (b) and (d) revised.........................................9893
80.371  (b) and (d) revised.........................................9894
80.373  (f) table amended; footnote 14 added........................4734
    (c)(1) and (i) revised..........................................9896
    (i) revised....................................................34030
80.374  Added.......................................................9896
80.385  (a)(1) revised..............................................3783
80.387  (b) revised................................................34030
80.475  (a) removed; (b) and (c) redesignated as (a) and (b); new 
        (a) introductory text revised...............................3783
80.514  (b) added...................................................6583
80.836  Heading and (a) revised....................................19301
80.905  Heading and (a)(1) revised; (a)(2), (b) and (c) 
        redesignated as (b), (c) and (d); new (a) introductory 
        text, (2) and (3) added....................................19301
80.909  Revised....................................................19302
80.913  (b) through (f) redesignated as (c) through (g); new (b) 
        added; new (e) and new (f) revised.........................19302
80.923  Amended....................................................19302
80.931  Amended....................................................19302
80.1053  (a)(4) through (8), (12), (b)(3), (c) and (e) revised.....11517
80.1055  (a)(3) revised............................................11517
80.1059  (d)(3) and (4) revised....................................11517
80.1061  (b) revised; (e) and (f) amended..........................11517
80.1169--80.1171  Undesignated center heading removed...............3783
80.1169  Removed....................................................3783
87.21  (b) table amended...........................................64715
87.25  Note removed................................................64715
87.133  (a)(5) and (6) amended.....................................38084
87.137  (a) table amended..........................................11518
87.139  (a) introductory text revised; (h) added...................11518
87.141  (g) through (i) revised....................................11518
87.147  (b) and (c) redesignated as (c) and (d); new (b) added.....11518
87.173  (b) table amended...................................21083, 51656
87.187  (k) revised................................................11518
    (z) revised; (aa) added........................................18525
87.195  (a) and (b) amended........................................11518
87.263  (a)(1) and (5) revised.....................................21084
90  Memorandum and order..............................6991, 16014, 25639
    Authority citation revised..............................19600, 32517
90.17  (b) table amended...........................................19600
    (c)(4) added...................................................19602
90.19  (d) table amended...........................................19600
    (e)(4) added...................................................19602
90.21  (b) table amended...........................................19600
    (c)(17) added..................................................19602
    (b) table amended (effective date pending).....................64874
90.23  (b) table amended...........................................19600
    (c)(19) added..................................................19602
90.25  (b) table amended...........................................19600
    (c)(23) added..................................................19602
90.53  (a) table amended...........................................19600
    (b)(8) added...................................................19602
90.63  (c) table amended...........................................19600
    (d)(26) added..................................................19602
90.65  (b) table amended...........................................19600

[[Page 851]]

    (c)(17) added..................................................19602
90.67  (b) table amended...........................................19601
    (c)(37) added..................................................19602
90.69  (b) table amended...........................................19601
    (c)(13) added..................................................19602
90.71  (b) table amended...........................................19601
    (c)(10) added..................................................19602
90.73  (c) table amended...........................................19601
    (c) corrected..................................................26719
    (d)(37) added..................................................19602
90.75  (c)(10) revised..............................................4178
    (b) table amended..............................................19601
    (c)(44) added..................................................19602
90.79  (c) table amended...........................................19601
    (d)(27) added..................................................19602
90.81  (c) table amended...........................................19601
    (d)(1) added...................................................19602
90.89  (b) table amended...........................................19601
    (c)(22) added..................................................19602
90.91  (b) table amended...........................................19601
    (c)(20) added..................................................19602
90.93  (b) table amended...........................................19601
    (c)(16) added..................................................19602
90.95  (c) table amended...........................................19602
    (d)(19) added..................................................19602
90.119  (a)(15) added; (e)(1) and (h) revised......................65858
90.127  (b) amended................................................65858
90.149  (a) revised; (c) added.....................................19602
    (a) introductory text amended..................................32517
    (a) revised; (b) and (c) redesignated as (c) and (d); new (b) 
added..............................................................65858
90.155  (a) revised; (c) added.....................................65859
90.157  (a) revised; (b) removed; (c) redesignated as (b)..........65859
90.173  (k) added..................................................65859
90.175  (f)(14) added..............................................19602
    Introductory text revised; (f)(15) added.......................65859
90.205  (b) table amended..........................................19602
90.209  (b)(8) and (j) introductory text revised; (l) added........19602
    (j) introductory text correctly designated.....................48443
90.211  (d)(2) revised.............................................19602
90.213  (a) table amended...................................19602, 32517
    (a) table corrected............................................43964
90.233  (c) revised................................................19602
90.238  (f) added..................................................19603
90.242  (a) introductory text and (2)(ii) revised; (a)(2)(i) 
        amended (effective date pending)...........................64874
90.243  (a) revised................................................19603
    (a)(2) amended.................................................32517
90.419  (a) revised................................................19603
90.425  (d)(8) added...............................................19603
90.494  (a) table footnote 1 revised................................4179
90.555  (b) table amended..........................................19603
90.601  Revised....................................................41469
90.611  (d) revised................................................65859
90.619  (a) introductory text and (1) introductory text revised; 
        (a)(2), (3) and (4) redesignated as (3), (4) and (5); new 
        (a)(2) added; (a)(1) Table 1 amended; (a)(2) Table 1B and 
        Table 1C added.............................................41469
    (b) introductory text revised; (c) and (d) added...............42571
90.621  (b) introductory text and (1) revised; (b)(3) amended; 
        (b)(4) and (5) added.......................................41467
90.631  (f) amended................................................65860
90.633  (d) revised................................................65860
90.701--90.741 (Subpart T)  Added..................................19603
90.713  (c) amended................................................32517
90.725  (e) and (h) introductory text amended......................32517
90.727  (a)(2) and (3) amended.....................................32517
90.731  Revised....................................................32517
90.733  (c) revised................................................32517
90.737  (d) amended................................................32517
90.741  Amended....................................................32517
94  Technical correction...........................................66001
94.9  Revised.......................................................9900
    (b)(2) revised.................................................64716
94.15  (g) revised..................................................9901
    (g) revised....................................................34151
94.25  (k) revised.................................................63663
94.61  (b) amended..................................................9901
    Table amended..................................................57822
94.63  (a) revised.................................................57822
94.65  (i)(3) and (4) added.........................................9897
    Introductory paragraph and (a)(1) introductory text revised....30699
    (a)(1) introductory text correctly designated..................48443
    (f) revised....................................................57822
94.67  Table amended...............................................57822
94.71  Table amended...............................................57822
94.73  (a) amended.................................................34151
    Table amended..................................................57822
94.75  Table amended...............................................57822
94.92  Introductory paragraph revised..............................30699
    Table amended..................................................57822
94.95  Removed.....................................................57822

[[Page 852]]

95.181  (b) correctly removed......................................13289
95.623  (b) revised; (c) added.....................................15837
95.631  (b) table amended; (b)(7) and (8) revised; (b)(10) through 
        (12) added.................................................15837
97.3  (a)(29) through (40) redesignated as (a)(30) through (41); 
        new (a)(29) added.............................................29
    (a)(8) revised; (a)(37) through (41) redesignated as (a)(38), 
(40), (42), (43) and (44); new (a)(37), (39) and (41) added........56171
97.21  Amended.....................................................25374
97.111  (b)(3) revised; (b)(7) added...............................56171
97.113  (b)(2) revised.............................................56171
97.119  (e) revised...................................................28
97.201  (b) revised................................................19610
    (d) revised....................................................56171
97.203  (d) revised................................................19610
    (d) revised....................................................32517
97.205  (b) revised................................................19610
    (b) revised....................................................32517
97.207  (f) revised................................................56171
97.211  Heading revised............................................56171
97.213  Heading and introductory text revised......................56171
97.215  Heading revised............................................56171
97.216  Added......................................................56172
97.301  (e) introductory text revised.................................28
    Technical correction...........................................51762
    (e) table amended...............................................3043
    (a) table and (f) table amended................................19610
    (f) table amended..............................................32518
    (a) table amended..............................................40801
    (a) table corrected............................................43887
97.303  (e) removed................................................19611
    (b) revised....................................................23025
    (b) amended....................................................32518
    (i) revised....................................................40801
    Technical correction...........................................43964
97.303  Technical correction.......................................51762
97.309  (a) revised................................................56172
97.313  (c)(1) revised..............................................3043
    (b) revised....................................................37161
97.501  Introductory text and (d) revised.............................28
97.505  (a)(5) added..................................................29
    (a)(5)(i) revised; eff 10-31-91................................43886
97.511  (f) revised...................................................29
Chapter II
201  Revised.......................................................51056
202  Revised.......................................................51058
212  Revised.......................................................51061
214  Revised.......................................................51062
215  Revised.......................................................51063
216  Added.........................................................51063
Chapter III
300.1  (b) revised.................................................45808

                                  1992

47 CFR
                                                                   57 FR
                                                                    Page
Chapter I
80  Technical correction...........................................57000
80.5  Amended......................................................26778
80.23  Introductory text amended; (c) removed; (d) and (e) 
        redesignated as (c) and (d)................................26778
80.203  (m) added...................................................8727
80.205  (a) table footnotes 6 and 12 revised; eff. 10-21-92........43407
80.207  (d) footnote 2 revised.....................................26778
    (d) amended; footnote 2 revised; eff. 10-21-92.................43407
80.209  (a) revised................................................26778
80.213  (d) revised; eff. 10-21-92.................................43407
80.309  Amended....................................................61012
80.310  Revised....................................................19552
80.361  Heading revised; (d) added; eff. 10-21-92..................43407
80.363  Introductory text, (a) and (b) redesignated as (a) 
        introductory text, (1) and (2); new (b) added; eff. 10-21-
        92.........................................................43407
80.369  (e)(4) added...............................................19552
80.371  (c) table amended..........................................26779
80.373  (f) table amended..........................................19552
    (f) introductory text revised; (f) table amended...............26779
80.375  (a) amended................................................26779
80.377  Amended....................................................26779
80.385  (a)(2) revised.............................................26780
80.802  (a)(2) revised.............................................26779
80.905  (a)(2) and (3) revised; (a)(4) added.......................34262
80.909  (b) revised................................................34262
80.1065--80.1135 (Subpart W)  Added.................................9065
80.1001  (a) revised...............................................61012
80.1011  Revised...................................................61012
80.1013  Revised...................................................61012
80.1101  Revised...................................................44701
80.1103  (a) and (e) revised.......................................44702
87.5  Amended......................................................45749
87.51  Added.......................................................45749
87.131  Table amended..............................................45749
87.133  (a)(7) table amended.......................................45749

[[Page 853]]

87.137  (a) table amended..........................................45749
87.139  (i) added..................................................45749
87.141  (j) added..................................................45749
87.145  (b) revised; (e) added.....................................45750
87.147  (d)(3) revised.............................................45750
87.171  Amended....................................................45750
87.173  (b) table amended..........................................45750
87.185  (b) and (c) revised; (d) added.............................45750
87.187  (p) through (aa) redesignated as (q) through (bb); new (p) 
        added......................................................45750
87.189  (b) through (d) redesignated as (c) through (e); new (b) 
        added; (a) and new (c) and (d) revised.....................45750
90  Technical correction...........................................27184
    Order..........................................................32450
    Authority citation revised.....................................34693
    Technical correction...........................................47793
    Clarification..................................................48191
    Petition for stay denied.......................................53293
90.17  Regulation at 56 FR 64874 eff. 4-19-92......................11689
    (c)(10) revised................................................24991
90.19  (e)(15) revised.............................................24991
90.21  (c)(6) revised..............................................24991
    (b) table amended; (c)(18) added...............................26608
90.23  (c)(7) revised..............................................24991
90.25  (c)(13) revised.............................................24991
90.38  (a)(4) redesignated as (a)(5); new (a)(4) added.............45751
90.53  (b)(12) revised.............................................24991
90.63  (d)(14) revised.............................................24991
    (c) table amended..............................................60133
    (d)(27) added..................................................60134
90.65  (c)(27) revised.............................................24991
    (b) table amended; (c)(43) added...............................60134
90.67  (c)(17) revised.............................................24991
90.69  Heading and (a) revised.....................................19811
90.71  (b) table amended; (c)(11) added............................24992
90.73  (d)(18) revised.............................................24991
90.75  (b) table amended; (c)(45) added............................60134
90.79  (d)(12) revised.............................................24991
    (c) table amended; (d)(28) added...............................60134
90.81  (d)(3) revised..............................................24991
90.89  (c)(9) revised..............................................24991
90.91  (c)(9) revised..............................................24991
    (b) table amended..............................................60134
    (c)(21) added..................................................60135
90.93  (c)(3) revised..............................................24991
90.95  (d)(7) revised..............................................24991
90.127  (c) revised; (e) added.....................................48739
90.135  (a)(5) revised; (a)(8) removed.............................48739
90.173  (j) amended................................................24992
90.175  (a) amended................................................24992
    (g) added......................................................48739
    (f)(3) revised.................................................60135
90.176  (c) added..................................................24992
90.179  (e) removed; (f) and (g) redesignated as (e) and (f).......48739
90.209  (b)(6) revised..............................................8423
90.213  (a) table amended..........................................24192
90.235  (l) added..................................................34693
90.242  Regulation at 56 FR 64874 eff. 4-19-92.....................11689
90.257  (b) introductory text revised; (b)(1) amended..............60135
90.261  Revised....................................................24992
90.267  (a)(7) added; eff. 10-16-92................................42706
90.317  Added......................................................34693
90.555  (b) table amended...................................26608, 55146
90.619  (a) introductory text, (2) introductory text, Table 1C 
        heading, (3) introductory text, (4) introductory text and 
        (5) introductory text revised; (a)(3) Table 2, (a)(4) 
        Table 3 and (a)(5) Table 4 redesignated as (a)(3) Table 
        2A, (a)(4) Table 3A and (a)(5) Table 4A and amended; 
        (a)(3) Table 2B, (a)(4) Table 3B and (a)(5) Table 4B added
                                                                   55146
90.621  (b)(1) and (4) revised; (b)(3) amended; (b)(6) added; eff. 
        10-21-92...................................................43408
90.631  (b) revised; (i) added.....................................37731
90.637  (c) revised; (d) added.....................................34693
90.651  (a) removed; eff. 10-8-92..................................40850
90.655  Revised....................................................40850
90.656  Added......................................................40851
90.658  Added......................................................40851
90.659  Added......................................................40851
90.709  (a)(4) added; eff. 10-20-92................................32449
90.713  (a) and (b) revised; eff. 10-20-92.........................32449
    (a)(4), (5), (b) and (c)(3) revised; (c)(4) added; eff. 10-20-
92.................................................................44340
90.715  (a) introductory text amended; (c) added...................55148
90.719  Note revised; eff. 10-20-92................................32450

[[Page 854]]

90.725  (a) introductory text, (d) introductory text and (h) 
        introductory text revised; eff. 10-20-92...................32450
90.733  (d) revised; eff. 10-20-92.................................32450
94.59  Added.......................................................49022
95.1  (c) added.....................................................8275
95.1--95.181 (Subpart A)  Appendix A amended; eff. 10-30-92........40343
95.207  (a)(2) amended; (a)(4) and (5) removed; eff. 10-30-92......40343
95.211  (b)(2) revised; eff. 10-30-92..............................40343
95.218  (a) revised; eff. 10-30-92.................................40343
95.418  (d) added..................................................22442
95.419  (b) amended; eff. 10-30-92.................................40343
95.421  (a) revised; eff. 10-30-92.................................40343
95.801--95.863 (Subpart F)  Added...................................8275
95.805  (d) revised................................................36373
95.811  (b) revised................................................36373
95.815  (b) revised................................................36373
95.859  Revised....................................................36373
95.861  (c) revised................................................36374
97.17  (d) amended; eff. 10-30-92..................................40344
97.19  (b) amended; eff. 10-30-92..................................40344
97.27  Revised; eff. 10-30-92......................................40344
97.207  (a) revised................................................32736
97.301  (a) table amended; eff. 10-20-92...........................32450
97.303  (h) amended; eff. 10-30-92.................................40344
97.505  (a)(5)(i) revised..........................................21041
97.513  (b) revised; eff. 10-30-92.................................40344
97.519  (b) amended; eff. 10-30-92.................................40344

                                  1993

47 CFR
                                                                   58 FR
                                                                    Page
Chapter I
80  Temporary waiver...............................................29983
    Waiver.........................................................58790
80.5  Amended......................................................16504
80.15  (e)(1) introductory text revised............................33344
80.25  (a) and (b) redesignated as (b) and (c); new (a) added; new 
        (b) revised................................................68062
80.148  Introductory text revised..................................16504
80.205  (a) table amended..........................................33344
80.207  (d) table amended..........................................33344
80.209  (a) table amended..........................................33344
80.257  (j) revised................................................44952
80.261  (l) revised................................................44952
80.269  (b)(9) revised.............................................44952
80.361  (b) revised................................................16504
80.371  (c) table amended..........................................44953
80.373  (f) second Footnote 14 and Footnote 15 redesignated as 
        Footnotes 15 and 16........................................16504
    (b)(6) and (f) table amended; (g) introductory text revised....44953
80.375  (c)(2) revised.............................................44953
80.379  (b)(5)(i) and (7) revised..................................44953
80.383  (a) table amended; (a) table Footnote 2 and (b)(5) added; 
        (b)(3) and (4) revised.....................................16504
80.759  (b) and (c) revised........................................44953
80.808  (a)(8) revised.............................................44953
80.828  Amended....................................................44953
80.829  (f) revised................................................44953
80.865  Revised....................................................44953
80.875  (b) revised................................................44953
80.915  (b) revised................................................44953
80.917  (c) revised................................................44954
80.933  (a) revised................................................44954
80.1001  (c) revised...............................................44954
80.1015  (b) revised...............................................44954
80.1057  Introductory text added...................................33344
80.1179  (a) revised...............................................44954
80.1181  (a)(1) revised............................................44954
87.5  Regulation at 57 FR 45749 effective date corrected to 1-4-93
                                                                   45946
87.27  (a) and (b) redesignated as (b) and (c); new (a) added; new 
        (b) revised................................................68062
87.51  Regulation at 57 FR 45749 effective date corrected to 1-4-
        93.........................................................45946
87.131  Regulation at 57 FR 45749 effective date corrected to 1-4-
        93.........................................................45946
87.133  (a) table amended..........................................30127
    Regulation at 57 FR 45749 effective date corrected to 1-4-93 
                                                                   45946
87.137  (a) table amended..........................................30127
    Regulation at 57 FR 45749 effective date corrected to 1-4-93 
                                                                   45946

[[Page 855]]

87.139  (h) introductory text revised..............................30127
    Regulation at 57 FR 45749 effective date corrected to 1-4-93 
                                                                   45946
    (d) and (i)(1) table revised; (i) introductory text and (4) 
amended............................................................67695
87.141  Regulation at 57 FR 45749 effective date corrected to 1-4-
        93.........................................................45946
87.145  (d)(4) added...............................................30127
    Regulation at 57 FR 45750 effective date corrected to 1-4-93 
                                                                   45946
    (b) and (c) revised; (d)(5) added..............................67695
87.147  Heading and (d) introductory text revised; (a) and (b) 
        amended; (e) added.........................................30127
    Regulation at 57 FR 45750 effective date corrected to 1-4-93 
                                                                   45946
    (b) and (d)(2) amended; (d) introductory text revised..........67696
87.171  Regulation at 57 FR 45750 effective date corrected to 1-4-
        93.........................................................45946
87.173  (b) table amended..........................................30127
    Regulation at 57 FR 45750 effective date corrected to 1-4-93 
                                                                   45946
87.185  Regulation at 57 FR 45750 effective date corrected to 1-4-
        93.........................................................45946
87.187  (m) through (bb) redesignated as (n) through (cc); new (m) 
        added......................................................30127
    (l)(1), (bb) and (cc) revised..................................44954
    Regulation at 57 FR 45750 effective date corrected to 1-4-93 
                                                                   45946
    (l)(1), (bb) and (cc) correctly designated.....................52021
87.189  Regulation at 57 FR 45750 effective date corrected to 1-4-
        93.........................................................45946
87.195  (a) amended................................................30128
87.199  Added......................................................30128
87.217  (a)(1) revised.............................................67696
87.263  (a)(3) revised.............................................44954
87.303  (b) table amended..........................................44954
    (d)(1) amended.................................................67696
87.305  (a)(1) amended.............................................44954
87.471  (b) revised................................................67696
90  Temporary regulation...........................................17787
    Order..........................................................21110
90.5  (b) revised..................................................21407
90.7  Amended......................................................44954
90.19  (f)(7) revised..............................................44955
90.21  (b) table amended; (c)(19) added............................30129
90.23  (c)(14) revised.............................................44955
90.27  Added.......................................................12178
90.53  (a) and (b) revised.........................................12180
90.55  Introductory text amended...................................12181
90.59  Amended.....................................................31476
90.63  (c) table corrected....................................376, 38537
90.65  (b) table corrected.........................................38537
    (c)(37), (38) and (40) revised.................................44955
90.67  (c)(34) amended.............................................30129
    (c)(28), (31) and (33) revised.................................44955
90.69  Heading, (a) introductory text, (a)(1) introductory text 
        and (b) introductory text amended..........................31476
    (a)(2) revised.................................................31477
90.71  (c)(2) amended..............................................31476
90.73  (d)(7) amended..............................................30129
    (d)(10) amended................................................31476
    (d)(3), (29), (30) and (33) revised............................44955
90.75  (b) table corrected.........................................38537
    (c)(10) revised................................................40369
    (c)(3) and (27) revised........................................44955
90.79  (d)(4) amended..............................................30129
    (d)(21) and (22) revised.......................................44956
90.81  (d)(4) revised..............................................44956
90.91  (c)(2) amended..............................................30129
90.93  (c)(10) revised.............................................44956
90.103  (c)(26) and (27) revised...................................44956
90.125  Revised....................................................21407
90.137  (a)(2) revised.............................................44956
90.159  (a) revised................................................44956
    (b)(1) revised.................................................62291
90.173  (k) revised................................................51252
    Regulation at 58 FR 51252 eff. date corrected to 11-1-93.......53245
90.175  (a) revised................................................44957
    (c) revised....................................................62291
90.176  (a) and (b) revised; (c) redesignated as (d); new (c) 
        added......................................................12181
90.235  (l) revised................................................30996
90.239  (c)(3)(ii) revised.........................................44957
90.241  (a)(4) revised.............................................44957
90.250  (d) revised................................................44957
90.257  (b) introductory text revised; (b)(1) amended..............30129
90.261  (e) revised................................................33212
90.271  (a)(1) revised.............................................44957

[[Page 856]]

90.273  (b) amended................................................31476
    (c) introductory text and (d) revised..........................44957
90.279  (a) revised................................................44957
90.307  (d) revised................................................44957
90.309  (a)(2) through (5) and Tables A through E revised..........44958
90.311  (a) table amended..........................................12181
90.315  (a), (d) Table 1, (e) Table 2 and (f) through (i) revised 
                                                                   44959
90.423  (a)(1), (c)(1) and (2) revised.............................44960
90.425  (d)(9) added...............................................39451
    (a)(4)(ii) revised.............................................44960
90.463  (f) revised................................................44960
90.477  (d)(3) revised.............................................44961
90.483  (b)(1)(ii), (2)(i), (ii), (c) and (d) revised..............44961
90.494  (a) Footnote 1 amended.....................................40369
    (f) revised....................................................44962
    Revised........................................................62291
90.495  Added......................................................62292
90.496  Added......................................................62293
90.555  (a) table and (b) table amended............................12181
    (a) table amended..............................................31476
    (b) table amended..............................................44962
90.609  (d)(4) revised.............................................44962
90.615  (a) amended................................................31477
    (b)(2)(ii) revised.............................................44962
    (b)(2)(ii) correctly revised...................................61844
90.617  (b) amended................................................31476
    (d) introductory text revised; Table 4C amended................44962
90.619  (a)(3) and (b)(7)(iii) amended.............................31476
    (b)(6) revised.................................................44963
90.621  (b)(2)(i) and (c) revised..................................44963
    (b) introductory text, (1), (2) introductory text, (4) and (6) 
revised; (b)(3) amended; (b)(7) added; (c) and (d) removed; (e), 
(f), (g), (i) and (j) redesignated as (c), (d), (e), (f), (g) and 
(h)................................................................53431
    (h) correctly redesignated as (f).......................58729, 59298
90.623  (c) introductory text and (d) amended......................44963
90.627  (b) introductory text amended..............................44963
90.629  Revised....................................................34379
90.631  (f) revised................................................12177
    Regulation at 58 FR 12177 suspended in part....................31345
    (b) revised....................................................34380
90.635  Tables 2, 3 and 4 revised..................................44963
90.647  (b) revised; (c) added.....................................12177
90.657  Revised....................................................44964
90.713  (a)(1) and (6) revised; eff. 10-5-93.......................36363
90.719  Revised....................................................12182
90.725  (h) introductory text revised; eff. 10-5-93................36363
90.729  (c) revised................................................44964
90.731  Revised....................................................30996
94  Authority citation revised.....................................68062
94.3  Amended......................................................44964
94.15  (g)(1) and (2) revised......................................44965
94.17  (a)(1) revised..............................................29793
94.29  Revised.....................................................21407
94.45  (a)(10) revised; eff. 12-20-93..............................49233
94.59  Revised; eff. 10-4-93.......................................46550
94.61  (b) revised; eff. 12-20-93..................................49233
94.63  (d)(4)(i) revised...........................................44965
    (a) revised; eff. 12-20-93.....................................49234
94.65  (a)(1) revised..............................................25951
    (a)(1)(v) revised..............................................44965
    (g) and (i) revised; (h) and (j) through (m) redesignated as 
(l) and (m) through (p); new (h), (j) and (k) added; eff. 12-20-93
                                                                   49234
    (m)(8) introductory text revised; (q) and (r) added; eff. 12-
20-93..............................................................49239
94.71  (b) revised; eff. 12-20-93..................................49240
94.73  Revised; eff. 12-20-93......................................49240
94.75  (b) revised; eff. 12-20-93..................................49241
94.77  Introductory text and (a) heading revised; eff. 12-20-93....49242
94.79  Revised; eff. 12-20-93......................................49242
94.81  (c) added; eff. 12-20-93....................................49242
94.85  Removed.....................................................68062
94.90  (f) revised.................................................44965
94.94  Revised; eff. 12-20-93......................................49242
94.113  Revised....................................................68062
95  Reconsideration petition.......................................48459
95.87  Revised.....................................................21407
95.813  (a)(3) revised; (a)(4) added...............................25952
95.815  (e) revised................................................25952
97  Ruling.........................................................48459
97.17  (b) and (f) revised; (g) added..............................30717
97.19  (a) and (b) revised.........................................30718

[[Page 857]]

97.21  Revised.....................................................53138
97.29  Added.......................................................30718
97.113  Revised....................................................43072
    (f) correctly added............................................47219
97.201  (b) revised................................................64384
97.205  (b) revised................................................64385
97.301  (f) amended................................................64385
97.507  (c) revised; (d) removed; (e) redesignated as (d)..........29126
97.511  Revised....................................................29126
97.513  Removed....................................................29127
97.521  (c) revised................................................29127
97.527  (a) revised; (c) removed; (d) through (g) redesignated as 
        (c) through (f)............................................29127
99  Added..........................................................42685
    Revised........................................................59183
100  Authority citation revised....................................42251
100.51  (e) added..................................................42251
Chapter III
300  Revised.......................................................44136

                                  1994

47 CFR
                                                                   59 FR
                                                                    Page
Chapter I
80  Waiver..........................................................1285
80.3  (g) through (k) removed; (f) and (l) through (o) 
        redesignated as (g) through (k); new (f) added.............18499
80.205  (a) table corrected.........................................7714
80.215  (d) Note 3 amended.........................................35269
80.1061  (e) amended; (f) revised..................................35269
87  Waiver..........................................................1285
87.139  (d) revised................................................35269
87.199  (e) and (f) revised........................................35269
90  Waiver..........................................................1285
    Interpretation.................................................15857
90.5  (h), (i) and (j) redesignated as (i), (j) and (k); new (h) 
        added......................................................18499
    (h) through (k) redesignated (i) through (l); new (h) added....59957
90.73  (c) table corrected; CFR correction.........................30304
90.75  (a) introductory text revised; (c)(10) amended..............59957
90.115  Revised....................................................59957
90.119  Revised....................................................59957
90.131  Introductory text added....................................59958
90.135  (c) revised................................................59958
90.145  (c) amended; (d) and (e) added.............................59958
90.149  (a) revised................................................59958
90.153  Amended.....................................................9101
    Introductory text amended; (a) through (d) added...............59958
90.155  (a) revised................................................59958
90.159  (a), (b) and (c) amended...................................59959
90.160--90.169  Undesignated center heading and note added.........59959
90.160  Added......................................................59959
90.161  Added......................................................59959
90.162  Added......................................................59960
90.163  Added......................................................59961
90.164  Added......................................................59961
90.165  Added......................................................59961
90.166  Added......................................................59962
90.167  Added......................................................59963
90.168  Added......................................................59963
90.169  Added......................................................59964
90.179  (g) added..................................................59965
90.209  (h)(3) revised; (h)(4) removed; eff. 10-6-94...............45989
90.403  (c) revised................................................59965
90.405  (b) revised................................................59965
90.415  (b) revised................................................59965
90.425  (e) added..................................................59965
90.437  (b) and (c) revised........................................59965
90.449  Revised....................................................59965
90.476  (c) added..................................................59965
90.483  Introductory text revised..................................59966
90.494  (c) revised................................................59966
90.603  (c) revised................................................59966
90.607  (b) introductory text and (c) introductory text revised....59966
90.619  (b)(5) table revised; (b)(6) removed.......................31558
90.621  Corrected..................................................59298
90.623  (c) introductory text revised..............................59966
90.627  (b) introductory text revised; (b)(2) amended; (b)(3) 
        removed....................................................59966
90.631  (a) amended; (b) and (c) revised...........................59966
90.633  (a) revised; (e) amended...................................59966
90.645  (c) revised................................................59966
90.703  (c) revised................................................59966
90.733  (a)(3) revised.............................................59967
94.47  (c) added....................................................9101
94.59  Amended; (a), (b) and (f) revised...........................19646

[[Page 858]]

94.59  (b) and (f) revised.........................................65503
94.61  (b) table amended...........................................53331
94.65  (g) revised.................................................19647
94.81  (c) revised.................................................19647
95  Waiver..........................................................1285
    Technical correction...........................................25825
95.816  Added......................................................24957
95.819  Revised....................................................24958
95.821  Amended.....................................................9102
97.3  (a)(28) through (44) redesignated as (a)(29) through (45); 
        new (a)(28) added; (a)(7) and new (36) revised.............18975
97.5  Revised......................................................54831
97.7  Revised......................................................54832
97.9  Revised......................................................54832
97.17  (b) revised; (g) removed......................................543
    Revised........................................................54832
97.19  (a) and (b) revised...........................................543
    Removed........................................................54832
97.21  Revised.....................................................54832
97.23  Revised.....................................................54833
97.25  Revised.....................................................54833
97.27  Revised.....................................................54833
97.29  Removed.......................................................543
    Added..........................................................54833
97.109  (e) revised................................................18975
97.205  (g) added..................................................18975
97.216  Redesignated as 97.217.....................................18975
97.217  Redesignated from 97.216...................................18975
97.219  Added......................................................18975
97.301  (a) through (f) introductory texts revised.................54833
97.501  Introductory text, (d) and (e) revised; (f) added..........54834
97.505  Revised....................................................54834
97.507  (a) introductory text and (3) revised......................54834
97.509  Revised....................................................54834
97.511  Revised....................................................54835
97.515  Removed....................................................54835
97.517  Removed....................................................54835
97.519  (b) revised; (d) added.....................................54835
99  Waiver..........................................................1285
    Report and order................................................9419
    Authority citation revised.....................................14117
    Redesignated as 24.............................................18499
    Regulation at 59 FR 18499 eff. date changed to 6-22-94.........26602
99.12  Corrected...................................................15269
99.13  Removed.....................................................14117
99.53  (d) corrected...............................................15269
99.101  Added......................................................14118
99.102  Revised....................................................14118
99.103  Revised....................................................14118
    (a) corrected..................................................15269
99.129  Added......................................................14118
99.130  Revised....................................................14119
    (a) table correctly revised....................................15269
99.132  (a) corrected..............................................15269
99.133  (a)(1)(ii) revised.........................................14119
99.231  (a) Table 1 correctly revised..............................15270
99.233  (a) Table 2 corrected......................................15270
99.411  Redesignated as 24.411.....................................55210

                                  1995

47 CFR
                                                                   60 FR
                                                                    Page
Chapter I
80.5  Amended......................................................35510
80.21  (b)(2) amended; eff. 10-31-95...............................50122
80.59  (e) introductory text amended; eff. 10-31-95................50122
80.371  (c) table amended..........................................35510
80.373  (f) table amended..........................................35510
80.385  (a)(3) added...............................................15687
80.417  Amended; eff. 10-31-95.....................................50122
80.514  Introductory text revised; eff. 10-31-95...................50122
80.836  Heading, (a) and (c) revised...............................58244
80.933  Heading and (b) revised; (c) redesignated as (e); new (c) 
        and (d) added..............................................58245
80.1065  (b)(5)(iii) revised.......................................58245
    (b)(5)(iii) corrected..........................................62927
80.1085  (a)(3) revised; eff. 10-31-95.............................50122
87.187  (p) revised................................................37829
    (p) corrected..................................................40227
87.303  (d)(1) and (2) revised.....................................37829
90  Order on reconsideration........................................3773
    Interpretation..................................................9787
    Waiver.........................................................18999
    Policy statement...............................................20247
    Authority citation revised................21990, 37156, 48917, 55484
    Reconsideration petition................................39660, 46537
    Clarification...........................................43720, 47303
    Petition denied................................................61662
90.7  Amended........................................15251, 21990, 35510
    Amended; eff. 10-23-95.........................................48917
90.17  (b) table, (c)(13), (24) and (e)(3) revised; (c)(28), (29) 
        and (30) added.............................................37156
90.19  (d) table, (e)(26) and (g)(5) revised; (e)(19) removed; 
        (e)(32), (33), (34) and (g)(3)(iii) added; (f)(5)(ii) 
        amended....................................................37163

[[Page 859]]

    (e)(5) through (8) removed; eff. 10-31-95......................50123
90.21  (b) table, (c)(16) and (e)(3) revised; (c)(20), (21) and 
        (22) added.................................................37173
90.23  (b) table, (c)(18) and (e)(2) revised; (c)(20) through (23) 
        added......................................................37178
90.25  (b) table, (c)(22) and (e)(2) revised; (c)(24) through (27) 
        added......................................................37183
90.27  (b) table, (c)(2), (11), (13) introductory text, (i) and 
        (ii) revised; (c)(12) removed; (c)(27) and (28) added......37188
90.53  (a) table, (b)(30) and (d)(5) revised; (b)(35) through (38) 
        added......................................................37193
90.63  (c) table, (d)(24) and (f)(3) revised; (d)(28), (29) and 
        (30) added.................................................37195
90.65  (b) table amended; (c)(44) added............................21986
    (b) table, (c)(41) and (e)(4) revised; (c)(45), (46) and (47) 
added..............................................................37200
90.67  (b) table amended; (c)(38) added............................21986
    (b) table, (c)(36) and (e)(3) revised; (c)(39) through (42) 
added..............................................................37206
90.69  (b) table, (c)(12) and (e)(3) revised; (c)(14) and (15) 
        added......................................................37213
90.71  (b) table and (e)(3) revised; (c)(12) through (15) added....37214
90.73  (c) table, (d)(35), (e)(4) table and (f)(4) revised; 
        (d)(38) through (41) added.................................37215
90.75  (b) table, (c)(23) table and (24), (d)(4) and (e)(4) 
        revised; (c)(38) removed; (c)(46) through (51) added.......37220
90.79  (c) table, (d)(23) and (f)(3) revised; (d)(29), (30) and 
        (31) added.................................................37239
90.81  (c) table, (d)(11) and (f)(3) revised; (d)(16), (17) and 
        (18) added.................................................37244
90.89  (b) table amended; (c)(23) added............................21986
    (b) table, (c)(21) and (e)(2) revised; (c)(24), (25) and (26) 
added..............................................................37247
90.91  (b) table, (c)(18) and (e)(2) revised; (c)(22), (23) and 
        (24) added.................................................37252
90.93  (b) table, (c)(15) and (d)(2) revised; (c)(17), (18) and 
        (19) added.................................................37257
90.95  (c) table, (d)(2), (6), (18) and (e)(2) revised; (d)(20) 
        through (23) added.........................................37260
90.101  Revised....................................................15252
90.103  (d) removed; (e) redesignated as (d).......................15252
90.129  (n) revised; eff. 10-31-95.................................50123
90.155  (a) revised; (d) and (e) added.............................15252
90.173  (f) revised; (l) and (m) added.............................37261
    (k) revised; eff. 10-23-95.....................................48917
90.175  (a) revised................................................37261
90.179  (f) revised................................................15252
90.203  (b)(7) added...............................................15252
    (j) added......................................................37261
90.205  (b) table amended..........................................15252
    Revised........................................................37262
90.207  (g) removed................................................15252
    Introductory text revised; (a) through (l) redesignated as (b) 
through (m); new (a) and (n) added.................................37263
90.209  (b)(10) and (m) added......................................15252
    Revised........................................................37263
90.210  Added......................................................37264
90.211  Revised....................................................37266
90.213  (a) table amended..........................................15253
    Revised........................................................37266
90.214  Added......................................................37267
90.217  Revised....................................................37267
90.235  (e) revised; eff. 10-31-95.................................50123
90.238  (e) revised................................................37268
90.239  Removed....................................................15253
90.243  (b)(2) revised.............................................37268
90.257  (b) introductory text revised..............................37268
90.261  (f) revised................................................37268
90.267  Revised....................................................37268
90.271  Removed....................................................37269
90.273  (a) revised................................................37269
90.283  Added......................................................35510
90.311  Introductory text, (a) table, (b) introductory text, 
        table, (2) and (4) revised; (a)(3) added...................37272
90.315  (j) revised; (l) and (m) removed...........................37277

[[Page 860]]

90.350--90.363 (Subpart M)  Added..................................15253
90.357  (a) table amended..........................................37277
90.461  (c)(4) revised; eff. 10-31-95..............................50123
90.555  (a) and (b) amended........................................35511
    Removed........................................................37277
90.603  (c) revised................................................15495
90.617  (d) introductory text revised..............................21990
    (d) table amended; eff. 10-23-95...............................48918
90.619  (a)(5) table revised; eff. 10-23-95........................48918
90.631  (f) and (i) revised........................................21991
    (f) revised; eff. 10-23-95.....................................48918
90.635  (b) revised; eff. 10-31-95.................................50123
90.661  Undesignated center heading and section added..............21991
90.663  Added......................................................21991
90.665  Added......................................................21991
    (c) and (d) revised; eff. 10-23-95.............................48918
    (c) corrected..................................................61487
90.667  Added......................................................21991
    Revised; eff. 10-23-95.........................................48918
90.669  Added......................................................21992
90.671  Added......................................................21992
90.703  (c) revised................................................15495
90.737  (e) revised; eff. 10-31-95.................................50123
90.741  Table amended..............................................37277
90.801--90.815 (Subpart U)  Added; eff. 10-23-95...................48919
90.816  Added......................................................55485
95.39  Amended; eff. 10-31-95......................................50123
95.72  Revised; eff. 10-31-95......................................50123
95.107  (d) revised; eff. 10-31-95.................................50123
95.111  Amended; eff. 10-31-95.....................................50123
95.225  (b) revised; eff. 10-31-95.................................50123
95.428  (b) revised; eff. 10-31-95.................................50123
97.3  (a)(11) through (45) redesignated as (a)(12) through (46); 
        new (a)(11) added...........................................7460
97.15  (a) revised; eff. 10-31-95..................................50123
97.17  (f) revised; (h) added.......................................7460
    (g) removed; (h) redesignated as (g)...........................53132
97.19  Added........................................................7460
    (b) revised; eff. 10-31-95.....................................50123
    (d) introductory text revised; (d)(4) added....................53132
97.21  (a)(3) revised...............................................7461
    (a)(3)(ii) revised.............................................53133
    (a)(3)(ii) corrected...........................................54409
97.109  (d) and (e) revised........................................26001
97.201  (b) revised................................................15687
97.207  (g) introductory text, (h) and (i) revised; eff. 10-31-95 
                                                                   50124
97.221  Added......................................................26001
97.301  (a) table amended..........................................15687
97.303  (e) added..................................................15687
97.305  (c) table amended..........................................15688
97.307  (f)(13) added..............................................15688
97.309  (a)(4) added...............................................55486
97.313  (h) added..................................................15688
100  Authority citation revised....................................65595
100.17  Revised....................................................65595
100.19  Revised....................................................65595
100.53  Added......................................................65595
100.71--100.80 (Subpart E)  Added..................................65595

                                  1996

47 CFR
                                                                   61 FR
                                                                    Page
Chapter I
80  Authority citation revised.....................................58010
80.13  Revised; interim............................................18226
    Revised........................................................58010
80.15  (b)(4) and (6) removed; (b)(5) and (7) redesignated as 
        (b)(4) and (5); new (b)(4) amended.........................55581
80.21  (b)(1) amended...............................................8478
80.59  (e) introductory text amended................................8478
    Heading, (a) and (b) revised...................................25805
80.110  Revised.....................................................4368
80.383  (a) table, (b)(4) and (5) amended; (b)(6) added............26120
    (a) table amended; (b)(7) and (8) added........................26466
80.385  (a)(2) table amended; eff. 10-4-96.........................46566
80.401  Revised....................................................25805
80.409  (b)(2) amended; (f)(2) revised.............................25807
80.411  (b) amended................................................25807
80.836  (c) revised; (d) redesignated as (e); new (d) added........19559
80.953  Revised....................................................25807
80.1005  Amended...................................................25807
87  Authority citation revised.....................................58011
87.18  Added; interim..............................................18226
    Revised........................................................58011

[[Page 861]]

87.19  (b)(3) removed; (b)(4) and (5) redesignated as (b)(3) and 
        (4)........................................................55581
87.75  Revised......................................................4368
90  Reconsideration petition.................................3600, 66931
    Authority citation revised...............................6155, 45635
    Order............................................21380, 34375, 40747
    Waiver.........................................................25810
90.5  (k) and (l) redesignated as (l) and (m); new (k) added.......45635
90.7  Amended................................................6155, 31052
90.17  (c)(11) revised..............................................6576
90.19  (d) table amended............................................4234
    (e)(17) revised.................................................6576
90.21  (c)(8) revised...............................................6576
90.27  (a) and (b) table amended....................................6576
90.75  (b) table amended; (c)(52) added.............................4234
    (c)(25) introductory text, (i), (ii) and (iii) revised; 
(c)(25)(iv) through (vii) removed; (c)(25)(viii) redesignated as 
(c)(25)(iv)........................................................31052
90.103  (b) table amended; (c)(12) revised; (c)(31) added..........52307
90.115  (b)(3) and (4) revised.....................................55581
90.155  (a) revised.................................................6155
90.173  (k) revised; (n) added......................................6155
90.177  (d)(2) amended..............................................8478
90.203  (b)(7) revised.............................................18986
90.210  Introductory text, (d)(4), (e)(4) and (m) amended...........4235
    Table amended...................................................6155
    (k) revised....................................................18986
90.213  (a) table amended....................................4235, 18986
    (a) table corrected............................................38403
90.219  Added......................................................31052
90.238  (h) revised.................................................6576
90.243  (a)(1), (2) and (b)(1) revised..............................6576
90.267  (a)(3) revised; (a)(7) added................................4235
90.273  (b) amended.................................................6576
90.363  (d) revised................................................18986
90.419  Revised; eff. 10-28-96.....................................45356
90.421  (k) redesignated as (l); new (k) added......................6576
90.441  Revised.....................................................4369
90.443  (c) removed; (d) and (e) redesignated as (c) and (d)........4369
90.477  (d)(3) amended..............................................6576
90.483  (d) amended.................................................6576
90.494  (g) revised.................................................8483
90.609  (c) and (d) revised.........................................6155
    (d) corrected..................................................32710
90.611  (a) and (c) revised; (d) removed............................6155
90.615  Revised.....................................................6156
90.617  (b) introductory text, (c) introductory text, (d) 
        introductory text and Table 4A revised......................6156
    (a) amended.....................................................6576
90.619  (a)(3) introductory text, (5) introductory text, table, 
        (b)(8) table, (9) table, (10) table and (11) table revised
                                                                    6156
    (a)(1) and (b)(7)(iii) amended..................................6577
90.621  (a) introductory text, (1)(iii), (b) introductory text, 
        (c) and (e) introductory text revised; (a)(1)(iv), (e)(2), 
        (3) and (4) removed.........................................6157
90.629  (e) added...................................................6157
90.631  (b) amended.................................................6157
    (g) amended.....................................................6577
90.681  Undesignated center heading and section added...............6158
90.683  Added.......................................................6158
90.685  Added.......................................................6158
90.687  Added.......................................................6158
90.689  Added.......................................................6158
90.691  Added.......................................................6158
90.693  Added.......................................................6159
90.699  Added.......................................................6159
90.720  Revised.....................................................6577
90.723  (f) revised.................................................3845
90.751  Added.......................................................3845
90.753  Added.......................................................3845
90.755  Added.......................................................3845
90.757  Added.......................................................3845
90.901--90.913 (Subpart V)  Added...................................6159
94  Order...........................................................2452
    Removed........................................................26677
94.25  (i)(2) amended...............................................8478
94.111  Heading and introductory text revised.......................4369
94.113  Removed.....................................................4369
95.39  Amended......................................................8478
95.83  (a)(3) added.................................................4369
95.191--95.194 (Subpart B)  Added..................................28768
95.401  Revised....................................................28769
    (c) added; eff. 10-4-96........................................46566
95.601  Revised....................................................28769
    Revised; eff. 10-4-96..........................................46566
95.603  Heading revised; (d) added.................................28769
    (e) added; eff. 10-4-96........................................46567

[[Page 862]]

95.605  Revised....................................................28769
    Revised; eff. 10-4-96..........................................46567
95.627  Redesignated as 95.629; new 95.627 added...................28769
95.629 Redesignated as 95.631; new 95.629 redesignated from 
        95.627; (b) revised; (d) and (e) redesignated as (e) and 
        (f); new (d) added.........................................28769
    Redesignated as 95.631; new 95.629 added; eff. 10-4-96.........46567
95.631 Redesignated as 95.633; new 95.631 redesignated from 
        95.629; (c) added..........................................28769
    Redesignated as 95.633; new 95.631 redesignated from 95.629; 
eff. 10-4-96.......................................................46567
    (g) added; eff. 10-4-96........................................46568
95.633 Redesignated as 95.635; new 95.633 redesignated from 95.631
                                                                   28769
    (b) revised....................................................28770
    Redesignated as 95.635; new 95.633 redesignated from 95.631; 
eff. 10-4-96.......................................................46567
    (d) added; eff. 10-4-96........................................46568
95.635 Redesignated as 95.637; new 95.635 redesignated from 95.633
                                                                   28769
    (a) revised....................................................28770
    Redesignated as 95.637; new 95.635 redesignated from 95.633; 
eff. 10-4-96.......................................................46567
    (c) added; eff. 10-4-96........................................46568
95.637 Redesignated from 95.635....................................28769
    (d) added......................................................28770
    Redesignated as 95.639; new 95.637 redesignated from 95.635; 
eff. 10-4-96.......................................................46567
95.639 Redesignated from 95.637; eff. 10-4-96......................46567
    (e) added; eff. 10-4-96........................................46569
95.641 Redesignated as 95.643......................................28769
95.643 Redesignated as 95.645; new 95.643 redesignated from 95.641
                                                                   28769
    Redesignated as 95.645; eff. 10-4-96...........................46567
95.645 Redesignated as 95.647; new 95.645 redesignated from 95.643
                                                                   28769
    Revised........................................................28770
    Redesignated as 95.647; new 95.645 redesignated from 95.643; 
eff. 10-4-96.......................................................46567
95.647 Redesignated as 95.649; new 95.647 redesignated from 95.645
                                                                   28769
    Revised........................................................28770
    Redesignated as 95.649; new 95.647 redesignated from 95.645; 
eff. 10-4-96.......................................................46567
95.649 Redesignated as 95.651; new 95.649 redesignated from 95.647
                                                                   28769
    Revised........................................................28770
    Redesignated as 95.651; new 95.649 redesignated from 95.647; 
eff. 10-4-96.......................................................46567
    Revised; eff. 10-4-96..........................................46569
95.651 Redesignated as 95.653; new 95.651 redesignated from 95.649
                                                                   28769
    Redesignated as 95.653; new 95.651 redesignated from 95.649; 
eff. 10-4-96.......................................................46567
    Revised; eff. 10-4-96..........................................46569
95.653 Redesignated from 95.651....................................28769
    Redesignated as 95.655; new 95.653 redesignated from 95.651; 
eff. 10-4-96.......................................................46567
95.655 Redesignated from 95.653; eff. 10-4-96......................46567
95.663 Redesignated as 95.665......................................28769
95.665 Redesignated as 95.667; new 95.665 redesignated from 95.663
                                                                   28769
    Redesignated as 95.667; eff. 10-4-96...........................46567
95.667 Redesignated as 95.669; new 95.667 redesignated from 95.665
                                                                   28769
    Redesignated as 95.669; new 95.667 redesignated from 95.665; 
eff. 10-4-96.......................................................46567
95.669 Redesignated as 95.671; new 95.669 redesignated from 95.667
                                                                   28769
    Redesignated as 95.671; new 95.669 redesignated from 95.667; 
eff. 10-4-96.......................................................46567
95.671  Redesignated from 95.669...................................28769
    Redesignated as 95.673; new 95.671 redesignated from 95.669; 
eff. 10-4-96.......................................................46567
95.601--95.671 (Subpart E)  Appendix 1 amended.....................28770
95.673  Redesignated from 95.671; eff. 10-4-96.....................46567

[[Page 863]]

95.803  (a) and (b) revised........................................32711
95.805  (b), (c) and (e) revised...................................32711
95.815  (b), (d)(2) and (f)(3) revised; eff. 11-18-96..............49075
95.816  (d)(2) removed; (d)(3) redesignated as (d)(2); (c)(1), 
        (2), (4), (6), (d)(1) and new (2) revised; new (d)(3) 
        added; eff. 11-18-96.......................................49075
    (e) redesignated as (e)(1); (c)(3), (d)(1) and new (e)(1) 
revised; (d)(4) and (e)(2) added...................................60205
95.831  Revised.....................................................1288
95.833  Revised.....................................................1288
95.855  (a) revised................................................32711
95.863  Revised....................................................32711
95.1001--95.1019 (Subpart G)  Added; eff. 10-4-96..................46569
97  Technical correction...........................................63758
97.13  (c) added...................................................41019
97.15  (d) revised..................................................4369
97.21  (a)(3)(i) and (ii) amended..................................21386
97.303  (e)(4) and (5) revised.....................................15386
    (j)(2) revised.................................................55926
97.503  (b)(1), (2) and (3) revised; (c) table amended.............41019
97.509  (b)(5) removed..............................................9953
97.521  (e) removed.................................................9953
97.527  (c) through (f) removed.....................................9953
100.11  (d) and (f) removed; (e) and (g) redesignated as (d) and 
        (e); new (d) amended.......................................55581
101  Added.........................................................26677
    Authority citation revised.....................................29693
101.3  Amended..............................................29693, 31052
    Amended; eff. 10-28-96.........................................44181
101.7  (b)(3) and (5) removed; (b)(4) and (6) redesignated as 
        (b)(3) and (4); new (b)(3) amended.........................55581
101.69  Undesignated center heading added; section revised.........29693
101.71  Added......................................................29694
101.73  Added......................................................29694
101.75  Added......................................................29694
101.77  Added......................................................29695
101.79  Added......................................................29695
101.81  Added......................................................29695
101.109  (c) table amended; eff. 10-28-96..........................44181
101.113  (a) table amended; (c) added; eff. 10-28-96...............44182
101.133  (d) added; eff. 10-28-96..................................44183
101.147  (a) amended...............................................29695
    (y) added; eff. 10-28-96.......................................44183
101.151  Added.....................................................31052

                                  1997

47 CFR
                                                                   62 FR
                                                                    Page
Chapter I
80  Reconsideration petitions.......................................4020
80.13  (b) revised.................................................40304
80.21  (f) added...................................................55533
80.25  (a) and (b) revised.........................................40304
80.89  (f) introductory text amended...............................40304
80.123  Added......................................................40304
80.133  Added......................................................40305
80.153  (b) amended................................................40305
80.177  (c) revised................................................40305
80.179  (b), (c) and (d) revised...................................40305
80.203  (n) added..................................................40305
80.205  (a) table amended..........................................40305
80.207  (a) revised; (d) table amended.............................40305
80.209  (a) table amended..........................................40306
80.211  (d) revised................................................40306
80.219  Revised....................................................40306
80.225  Heading, (a), (c) introductory text and (3) revised; 
        introductory text amended..................................40306
80.229  Added......................................................40307
80.363  (c) added..................................................40307
80.371  (c) introductory text revised..............................40307
80.373  (f) table amended..........................................40307
80.405  (c) amended................................................40307
80.453  (a)(4) added...............................................40307
80.477  Heading and (a) revised....................................40307
80.507  (d) added..................................................40307
80.519  (b) revised................................................40308
80.653  (b)(2) revised.............................................40308
87.23  (a) redesignated as (a)(1); (a)(2) added....................55534
87.27  (a) and (b) revised.........................................40308
87.131  Table amended..............................................40308
87.149  Added......................................................40308
87.303  (d)(1) revised.............................................11107
90  Reconsideration petitions.......................................4020
    Order....................................................7362, 41225
    Petition for clarification.....................................18536
90.7  Amended......................................................15991
    Amended; eff. 10-17-97.........................................18844
    Amended........................................................52044
90.15--90.22 (Subpart B)  Revised; eff. 10-17-97...................18845
90.17  (b) table amended; (c)(31) added.............................2033

[[Page 864]]

    (a) introductory text amended; (a)(1) and (2) added............18845
90.19  (d) table amended; (e)(35) and (36) added....................2034
90.21  (b) table amended; (c)(23) added.............................2034
90.23  (b) table amended; (c)(24) added.............................2034
90.25  (b) table amended; (c)(28) added.............................2034
90.27  (b) table amended; (c)(11) table and (13)(i) table revised; 
        (c)(29) added...............................................2034
90.31--90.53 (Subpart C)  Revised; eff. 10-17-97...................18874
90.41  (a) revised.................................................15992
90.53  (a) table amended; (b)(39) added.............................2035
90.59--90.81 (Subpart D)  Removed; eff. 10-17-97...................18924
90.63  (c) table amended; (d)(31) added.............................2035
90.65  (b) table amended; (c)(48) added.............................2035
90.67  (b) table amended; (c)(43) added.............................2035
90.69  (b) table amended; (c)(16) added.............................2035
90.73  (c) table amended; (d)(42) added.............................2036
90.75  (b) table amended; (c)(53), (54) and (55) added..............2036
90.79  (c) table amended; (d)(32) added.............................2037
90.81  (c) table amended; (d)(19) added.............................2037
90.85--90.95 (Subpart E)  Removed; eff. 10-17-97...................18924
90.89  (b) table amended; (c)(27) added.............................2037
90.91  (b) table amended; (c)(25) added.............................2037
90.93  (b) table amended; (c)(20) added.............................2038
90.95  (c) table amended; (d)(24) added.............................2038
90.127  (a) introductory text and (1) amended; eff. 10-17-97.......18924
90.129  (h), (m) introductory text, (n) and (o) introductory text 
        revised; eff. 10-17-97.....................................18924
    (e) revised....................................................55534
90.135  (a)(2) revised; (b)(5) redesignated as (b)(6); new (b)(5) 
        added; (d) and (e) amended..................................2038
90.137  (a)(3) revised.............................................15992
90.138  Revised; eff. 10-17-97.....................................18924
90.145  (b)(6) and (13) revised; eff. 10-17-97.....................18924
90.149  (a) revised; eff. 10-17-97.................................18924
90.155  (d) revised................................................52044
90.159  (b) introductory text and (6) revised; (c) and (d) 
        amended; eff. 10-17-97.....................................18924
90.162  (f) added..................................................11636
90.167  (a) revised; eff. 10-17-97.................................18925
90.173  (a) revised.................................................2038
    (a), (f), (g), (h), (l) and (m) revised; (i) amended; (j) 
removed; eff. 10-17-97.............................................18925
90.175  (g) removed; (a) and (b) through (f) redesignated as (b) 
        and (e) through (i); introductory text and new (g) 
        amended; new (a), new (c) and new (d) added; new (b), (e), 
        (i)(3) and (5) revised; eff. 10-17-97......................18925
90.176  Revised; eff. 10-17-97.....................................18926
90.177  Introductory text revised; (f) added.......................55534
90.187  Added; eff. 10-17-97.......................................18926
90.203  (j) revised.................................................2038
    (k) added......................................................15992
    (b)(6) and (j)(1) removed; (j)(3) and (5) amended; (j)(9) 
revised; eff. 10-17-97.............................................18926
90.205  (d)(2) and (g)(2) revised; (d)(3) and (g)(3) amended; (n) 
        added.......................................................2039
90.207  (a) introductory text revised; (a)(1) and (3) amended.......2039
    (b) and (d) revised; (l) amended; eff. 10-17-97................18927
90.210  Table amended..............................................41214
    (k)(3) revised; (k)(6) added...................................52044
90.211  (a) revised.................................................2039
90.213  (a) table amended...........................................2040
    (a) table amended; eff. 10-17-97...............................18927
90.214  Revised.....................................................2040
90.217  Introductory text revised; (a) amended......................2041
    Introductory text revised; eff. 10-17-97.......................18927
90.235  Introductory text and (d) amended; (e) revised; eff. 10-
        17-97......................................................18927

[[Page 865]]

90.237  Introductory text revised; eff. 10-17-97...................18927
90.238  (a) through (e), (h) and (i) revised; eff. 10-17-97........18927
90.241  (a) introductory text, (c) introductory text, (d) and (e) 
        revised; eff. 10-17-97.....................................18927
90.242  (a) introductory text and (1) revised; eff. 10-17-97.......18928
90.243  (a), (b)(1), (3), (c)(3), (4) and (5) revised; (b)(2) 
        removed; eff. 10-17-97.....................................18928
90.247  (a), (b), (d) and (e) revised; eff. 10-17-97...............18928
90.249  (a)(2), (3) and (c) amended; eff. 10-17-97.................18928
90.257  (b) introductory text revised; eff. 10-17-97...............18928
90.259  Amended; eff. 10-17-97.....................................18928
90.261  (a) revised; (d) and (e) removed; eff. 10-17-97............18928
90.263  Amended; eff. 10-17-97.....................................18929
90.264  (g) revised; eff. 10-17-97.................................18929
90.265  (a) introductory text revised; eff. 10-17-97...............18929
90.266  Heading, (b) introductory text and (g) revised; eff. 10-
        17-97......................................................18929
90.267  (b) removed.................................................2041
    (a) introductory text, (2) and (6) revised; (a)(1) removed; 
eff. 10-17-97......................................................18929
90.269  (a) introductory text revised; eff. 10-17-97...............18929
90.273  (a) amended; (a) Table 1 and Table 2 revised; (b) removed; 
        eff. 10-17-97..............................................18929
90.275  Revised; eff. 10-17-97.....................................18932
90.277  Removed; eff. 10-17-97.....................................18932
90.283  (a) table and (c) revised; (g) added........................2041
    (a) introductory text revised; eff. 10-17-97...................18932
90.301  Amended; eff. 10-17-97.....................................18932
90.303  (a) introductory text amended; eff. 10-17-97...............18932
90.311  (b) introductory text revised...............................2041
    (a) introductory text, table, (1) and (2) revised; (a)(3) 
redesignated as (a)(4); new (a)(3) added; (b) removed; eff. 10-17-
97.................................................................18932
90.313  (a) revised; eff. 10-17-97.................................18933
90.350--90.363 (Subpart M)  Heading revised........................52043
90.350  Amended....................................................52044
90.353  (d), (e) and (f) revised; (i) added........................52044
90.359  Revised....................................................52044
90.361  Introductory text and (c)(2)(ii)(B) revised................52044
90.415  (b) revised; eff. 10-17-97.................................18933
90.417  (b) amended; eff. 10-17-97.................................18933
90.419  (a), (b) introductory text and (d) introductory text 
        revised; eff. 10-17-97.....................................18933
90.421  (a) and (b) revised; (c) through (k) removed; (l) 
        redesignated as (c); eff. 10-17-97.........................18933
90.425  (a) introductory text, (1), (4)(ii) and (iii) amended; 
        (a)(4)(i), (d)(2) and (6) revised; eff. 10-17-97...........18934
90.460  Amended; eff. 10-17-97.....................................18934
90.476  (a) and (b) revised; eff. 10-17-97.........................18934
90.477  (d)(3) amended; eff. 10-17-97..............................18934
90.483  (d) amended; eff. 10-17-97.................................18934
90.493  Added......................................................11636
90.494  Heading, (a), (f) and (g) revised..........................11637
    (c) and (g) revised; eff. 10-17-97.............................18934
90.495  Removed....................................................11637
90.496  Removed....................................................11637
90.603  (b) and (c) revised; eff. 10-17-97.........................18934
90.615  Revised....................................................41214
90.617  (a) introductory text, (1), (b) and (c) amended; eff. 10-
        17-97......................................................18934
    (d) and Table 4A revised.......................................41214
90.619  (a)(1) through (4) amended; (b)(7)(iii) revised; eff. 10-
        17-97......................................................18935
    (a)(5), Table 4A, (b)(8) Table 12, (b)(9) Table 16, (b)(10) 
Table 20 and (b)(11) Table 24 revised..............................41214
90.621  (b) introductory text, (1) and (3) introductory text 
        revised....................................................41215
90.623  (b) revised; eff. 10-17-97.................................18935

[[Page 866]]

90.625  (b) revised; eff. 10-17-97.................................18935
90.631  (g) and (h) amended; eff. 10-17-97.........................18935
90.633  (f) and (g) amended; eff. 10-17-97.........................18935
90.645  (b) revised; eff. 10-17-97.................................18935
90.656  (a) amended; eff. 10-17-97.................................18935
90.681--90.699  Undesignated center heading revised................41216
90.681  Revised....................................................41216
90.683  (a) introductory text revised..............................41216
90.685  Revised....................................................41216
90.687  Revised....................................................41216
90.689  (a) revised................................................41216
90.693  Revised....................................................41216
90.699  Revised....................................................41217
90.701  Revised....................................................15993
90.703  (a), (b) and (c) revised; eff. 10-17-97....................18935
90.705  Revised....................................................15993
    Revised; eff. 10-17-97.........................................18935
90.709  (a) and (c) revised; (e) added.............................15993
90.711  Revised....................................................15993
90.713  Revised....................................................15994
    (e) revised; eff. 10-17-97.....................................18935
90.717  Revised....................................................15994
90.719  Revised....................................................15994
    (c) revised; eff. 10-17-97.....................................18936
90.720  Revised....................................................15994
    Revised; eff. 10-17-97.........................................18936
90.721  Revised....................................................15995
90.723  Revised....................................................15995
    (a) and (c) revised; eff. 10-17-97.............................18936
90.725  Heading, (f) and (h) revised...............................15996
90.727  Heading revised............................................15996
90.729  Revised....................................................15996
90.731  Removed....................................................15996
90.733  (a)(1) and (c) revised; (d) removed; new (d) and (e) 
        through (i) added..........................................15996
    (a)(2) revised; eff. 10-17-97..................................18936
90.735  (d) revised................................................15997
90.737  Heading revised............................................15997
90.739  Revised....................................................15997
    Revised; eff. 10-2-97..........................................46214
90.741  Heading and introductory text revised......................15997
90.743  Added......................................................15997
90.751  Revised....................................................15998
90.761--90.771  Undesignated center heading added..................15998
90.761  Added......................................................15998
90.763  Added......................................................15998
90.765  Added......................................................15998
90.767  Added......................................................15998
90.769  Added......................................................15999
90.771  Added......................................................15999
90.813  Revised....................................................41219
90.901  Revised....................................................41220
90.902  Revised....................................................41220
90.903  (a) and (b) revised; (f) added.............................41220
90.904  Revised....................................................41221
90.906  Revised....................................................41221
90.907  Revised....................................................41221
90.909  Heading revised............................................41221
90.910  Revised....................................................41221
90.911  Revised....................................................41221
90.912  Revised....................................................41222
90.913  Revised....................................................41224
90.1001--90.1025 (Subpart W)  Added................................15999
95.1  (b) removed; (c) redesignated as (b).........................23163
95.42  Added.......................................................55534
95.192  (d) added..................................................55535
95.206  (c) added..................................................55535
95.405  (d) added..................................................55535
95.840  Added......................................................55535
95.1003  (c) added.................................................55536
97  Reconsideration petitions......................................12959
    Order..........................................................43116
97.3  (a)(11)(iii) added...........................................17567
97.5  (b)(2) revised...............................................17567
97.13  (c) revised; eff. 10-15-97..................................47968
    (c) introductory text and (1) correctly added..................49557
    (c)(1) correctly revised.......................................61448
97.119  (c) revised; (d), (e) and (f) redesignated as (e), (f) and 
        (g); new (d) added.........................................17567
97.203  (h) added..................................................55536
97.205  (h) added..................................................55536
97.303  (j) revised.................................................9673
97.509  (a) and (i) revised........................................17567
97.513  Added......................................................17567
97.519  (b) revised................................................17567
101  Petition for reconsideration..................................14015
101.1  (a) revised.................................................23163
101.3  Amended.....................................................23163
101.5  (d) revised.................................................23164
101.11  (a) revised................................................23164
101.13  (c) amended................................................24581
101.15  (a) revised................................................23164

[[Page 867]]

101.19  (a)(5) revised.............................................23164
101.21  Introductory text revised; (g) added.......................23164
101.29  (a) revised................................................23164
101.31  (b)(3) introductory text and (e)(1)(v) revised; (b)(6) 
        added......................................................55538
101.35  (e) added..................................................23164
101.37  (a)(1), (3) and (5) revised; (e) added.....................23164
101.45  (b) introductory text revised..............................23164
    (h) added......................................................24582
101.47  (f) introductory text revised..............................23164
101.49  Removed....................................................24582
101.57  (a) revised................................................23164
101.59  (a) and (b)(1) revised.....................................23165
    (b)(1), (c)(1)(i) and (2)(i) revised; (c)(2)(ii) removed; 
(c)(2)(iii) redesignated as (c)(2)(ii).............................24582
101.61  (b) introductory text, (3) and (d) revised; (c)(9) and 
        (10) added.................................................23165
101.63  (a) revised................................................23165
101.69  Revised....................................................12758
101.71  Revised....................................................12758
101.73  (a) revised................................................12758
101.77  Heading and (a) revised....................................12758
    (a)(1) revised; eff. 10-17-97..................................18936
101.79  Heading and (a) revised....................................12758
101.81  Heading and introductory text revised......................12759
101.101  Table amended......................................23165, 24582
101.103  (b) revised; (g) and (h) added............................23165
101.107  (a) table amended.........................................23167
101.109  (c) table amended..................................23167, 24582
101.111  (a)(4) introductory text revised..........................24582
101.113  (a) table amended..................................23167, 24582
101.115  (c) revised................................................4924
    (c) table amended..............................................24582
101.123  Heading revised; (e) added................................55536
    (d) added......................................................55538
    (e) correctly designated.......................................60664
101.141  (a) introductory text revised.............................24583
101.147  (b)(1) and (2) amended; eff. 10-17-97.....................18936
    (a) amended; (x) removed; (t) through (w) redesignated as (u) 
through (x); new (t) added; new (u) revised........................23168
    (a), (r)(9) table and (10) amended; (r) heading and (9) 
introductory text revised..........................................24583
101.305  (a), (b) and (c) revised..................................23168
101.311  Revised...................................................23168
101.501  Revised...................................................24583
101.505  Revised...................................................24583
101.507  Revised...................................................24583
101.509  (c) introductory text revised.............................24583
101.601  Revised; eff. 10-17-97....................................18936
101.803  (a) and (d) amended; (e) removed; (f), (g) and (h) 
        redesignated as (e), (f) and (g)...........................23168
101.1001--101.1017 (Subpart L)   Added.............................23168
101.1101--101.1112 (Subpart M)   Added.............................23172
101.1105  Revised; eff. 11-17-97...................................48794
101.1107  Revised; eff. 11-17-97...................................48794
101.1108  Removed; eff. 11-17-97...................................48795
101.1109  Revised; eff. 11-17-97...................................48795
101.1112  (d)(11) added............................................28375
    Revised; eff. 11-17-97.........................................48795

                                  1998

  (Regulations published from January 1, 1998, through October 1, 1998)

47 CFR
                                                                   63 FR
                                                                    Page
Chapter I
80  Authority citation revised.....................................40062
80.3  (b) revised..................................................40062
80.5  Amended......................................................29658
80.19  Amended.....................................................29658
80.25  (b) revised.................................................40062
80.29  (a) table amended; eff. 10-5-98.............................36606
80.43  Amended; eff. 10-5-98.......................................36606
80.49  Revised.....................................................40062
80.59  (a), (d) introductory text, (1) introductory text and (v) 
        revised; (d)(2) added; (e) removed.........................29658
80.60  Added.......................................................40063
80.70  (c) added...................................................40063
80.101  (b) amended................................................29659
80.105  Revised....................................................40063

[[Page 868]]

80.203  (a), (d), (f) through (l) and (m)(2) amended; eff. 10-5-98
                                                                   36606
80.205  (a) Footnote 11 amended; eff. 10-5-98......................36606
80.207  (d) Footnotes 2 and 5 amended; eff. 10-5-98................36606
80.209  (a) table amended; eff. 10-5-98............................36606
80.215  (e)(3) Footnote 8 amended; eff. 10-5-98....................36606
80.221  (d) amended; eff. 10-5-98..................................36606
80.251  (a) and (b) amended; eff. 10-5-98..........................36606
80.253  (a) Footnotes 1 and 2 amended; eff. 10-5-98................36606
80.255  (a) Footnotes 1 and 2 amended; eff. 10-5-98................36606
80.259  (a) introductory text, (1) and (2) amended; eff. 10-5-98 
                                                                   36606
80.265  (b)(1) table, (c)(1) table and (e)(2) amended; eff. 10-5-
        98.........................................................36606
80.267  (a)(1) table amended; eff. 10-5-98.........................36607
80.271  (b) through (e) amended; eff. 10-5-98......................36607
80.303  (b) revised................................................40063
80.371  (c) introductory text revised; (c)(1)(i), (ii), (iii), 
        (2), (3) and (4) added.....................................40063
80.409  (b)(1) introductory text and (f)(1) revised................29659
80.605  (b) amended; eff. 10-5-98..................................36607
80.751  Revised....................................................40065
80.773  Revised....................................................40065
80.802  (a) introductory text revised..............................29660
80.812  Amended; eff. 10-5-98......................................36607
80.814  Amended; eff. 10-5-98......................................36607
80.818  (b) revised................................................29660
80.819  (a) introductory text revised..............................29660
80.822  Revised....................................................29660
80.829  (b) amended; eff. 10-5-98..................................36607
80.831  (a) amended; eff. 10-5-98..................................36607
80.833  (a) amended; eff. 10-5-98..................................36607
80.835  (a) amended................................................29660
80.836  (c)(3)(i) amended; eff. 10-5-98............................36607
80.851  Existing text designated as (a); (b) added.................29660
80.856  Amended; eff. 10-5-98......................................36607
80.873  (d)(3) amended; eff. 10-5-98...............................36607
80.874  (a) amended; eff. 10-5-98..................................36607
80.903  Revised....................................................29660
80.911  (c) amended; eff. 10-5-98..................................36607
80.1053  (c) amended; eff. 10-5-98.................................36607
80.1059  (e) amended; eff. 10-5-98.................................36607
80.1061  (c) and (d) amended; eff. 10-5-98.........................36607
80.1067  (a) revised...............................................29660
80.1074  (b) revised; eff. 10-19-98................................49872
80.1103  (a), (b) and (c) amended; eff. 10-5-98....................36607
80.1251--80.1252 (Subpart Y)  Added................................40065
87.39  Amended; eff. 10-5-98.......................................36607
87.131  Table amended; eff. 10-5-98................................36607
87.133  (a) table amended; eff. 10-5-98............................36607
87.137  (a) table amended; eff. 10-5-98............................36607
87.139  (g) amended; eff. 10-5-98..................................36607
87.145  Revised; eff. 10-5-98......................................36607
87.147  (a), (b), (c), (d) introductory text, (2) and (e) revised; 
        eff. 10-5-98...............................................36608
87.189  (b) amended; eff. 10-5-98..................................36608
87.199  (c) and (d) revised; eff. 10-5-98..........................36608
90  Order...................................................45746, 45751
90.5  (c) amended; eff. 10-5-98....................................36608
90.20  (e)(5)(i), (f)(4) and (5) amended; eff. 10-5-98.............36608
90.35  (c)(22) amended; eff. 10-5-98...............................36608
90.65  (c)(11) amended; eff. 10-5-98...............................36608
90.103  (c)(23) and (24) amended; eff. 10-5-98.....................36608
90.129  (b) revised; eff. 10-5-98..................................36608
90.153  (a)(1) and (2) added; (b) amended..........................10345
90.155  (d) revised................................................40663
90.173  (k) revised................................................44585
90.175  (i)(15) removed............................................44586
90.177  (f) introductory text, (1) and (2) revised.................41204

[[Page 869]]

90.203  (k) revised................................................32590
    (a), (b) introductory text, (c), (e), (f), (h)(2), (i), (j)(2) 
introductory text, (3), (4) introductory text, (5), (6) 
introductory text, (i)(A), (7), (8) and (k) revised; eff. 10-5-98 
                                                                   36609
90.211  (b) amended; eff. 10-5-98..................................36610
90.219  (e) amended; eff. 10-5-98..................................36610
90.237  (c) and (g) amended; eff. 10-5-98..........................36610
90.241  (c)(12) amended; eff. 10-5-98..............................36610
90.269  (a)(2) amended; eff. 10-5-98...............................36610
90.283  Removed....................................................40066
90.365  Added; eff. in part 1-19-99................................40663
90.709  (d) revised; eff. 11-16-98.................................49295
90.711  (a) introductory text revised..............................32590
90.723  (e) and (f) revised; (g), (h) and (i) redesignated as (i), 
        (j) and (k); (g) and (h) added.............................32590
90.725  (a) introductory text revised; eff. 11-16-98...............49295
90.729  (b) and (c) introductory text revised......................32590
90.733  (d), (e) and (g) revised...................................32591
90.745  Added......................................................32591
90.769  Heading revised............................................32591
90.805  (c) revised.................................................2349
90.812  (a) and (b) revised.........................................2349
90.1011  Revised...................................................32591
90.1013  Revised...................................................32591
90.1015  Revised...................................................32591
90.1017  Revised...................................................32591
90.1019  Revised; eff. 11-16-98....................................49295
90.1101--90.1103 (Subpart X)  Added................................40663
95.117  (a)(4) amended; eff. 10-5-98...............................36610
95.129  (a), (b)(1) and (2) amended; eff. 10-5-98..................36610
95.133  (a) and (b) amended; eff. 10-5-98..........................36610
95.209  Revised; eff. 10-5-98......................................36610
95.221  (b) amended; eff. 10-5-98..................................36610
95.222  (b)(2) amended; eff. 10-5-98...............................36610
95.225  (a)(2) amended; eff. 10-5-98...............................36610
95.409  (a) and (b) amended; eff. 10-5-98..........................36610
95.411  (a) introductory text amended; eff. 10-5-98................36610
95.425  (b)(2) amended; eff. 10-5-98...............................36610
95.428  (a)(2) amended; eff. 10-5-98...............................36610
95.601  Amended; eff. 10-5-98......................................36610
95.603  Section heading revised; (a), (b), (c) and (e) amended; 
        eff. 10-5-98...............................................36610
95.605  Revised; eff. 10-5-98......................................36610
95.607  Introductory text and (a) amended; eff. 10-5-98............36610
95.635  (b) table amended; eff. 10-5-98............................36610
95.645--95.655  Undesignated center heading revised; eff. 10-5-98 
                                                                   36610
95.645  (b) amended; eff. 10-5-98..................................36610
95.653  (a) amended; eff. 10-5-98..................................36610
95.655  (a) amended; eff. 10-5-98..................................36611
95.665  Undesignated center heading revised; eff. 10-5-98..........36611
95.669  (a)(1) amended; eff. 10-5-98...............................36611
95.816  (e)(2) redesignated as (d)(5); (c)(6) and (e) revised.......2350
    Corrected......................................................12659
95.851  Amended; eff. 10-5-98......................................36611
95.857  (c) amended; eff. 10-5-98..................................36611
97.203  (h) introductory text and (2) revised......................41204
97.205  (h) introductory text and (2) revised......................41205
97.301  (a) table amended..........................................42280
97.303  (b), (c) and (h) revised; (r) added........................42280
97.315  Heading revised; (a), (b) and (c) amended; eff. 10-5-98....36611
97.317  Heading revised; (a), (b) and (c) amended; eff. 10-5-98....36611
101  Technical correction..........................................14039
101.13  (d) revised.................................................6103
101.15  (c) revised.................................................6103
101.17  Added.......................................................6103
101.31  (e)(1)(vi) and (vii) revised; (e)(1)(viii) added...........10779
101.45  (d) revised.................................................6103
101.51  (a) introductory text revised...............................6104

[[Page 870]]

101.53  (g) added...................................................6104
    (a)(1) and (2) added...........................................10345
101.55  (a) introductory text and (b)(2) revised....................6104
101.56  Added.......................................................6104
101.57  (a)(1) revised..............................................9448
    (a)(1)(ii)(B) corrected........................................14039
101.61  (c)(1)(i) amended; eff. 10-5-98............................36611
101.63  (a) and (d) revised.........................................6104
101.64  Added.......................................................6104
101.103  (i)(1) and (2) added.......................................6105
    (b)(3) added....................................................9448
    (b)(3) corrected...............................................14039
101.107  Table amended..............................................6105
    (a) amended.....................................................9448
    (a) Footnote 8 corrected.......................................14039
    Table amended; eff. 10-5-98....................................36611
101.109  Table amended..............................................6105
101.113  (a) amended................................................9448
    (a) Footnote 8 corrected.......................................14039
101.115  (c)(2) table amended.......................................6105
101.133  (a) amended; eff. 10-5-98.................................36611
101.139  Revised; eff. 10-5-98.....................................36611
101.141  (a)(2) amended; eff. 10-5-98..............................36611
101.147  (v) redesignated as (v)(1); new (v)(1) revised; (v)(2) 
        added.......................................................6105
    (a) amended; (u) introductory text revised......................9448
    (a) Footnote 16 and (u) introductory text corrected............14039
101.151  (e) amended; eff. 10-5-98.................................36611
101.803  (a) and (d) amended........................................9448
    (a) Footnote 7 and (d) Footnote 9 corrected....................14039
101.1111  Revised..................................................26507
    Regulation at 63 FR 26507 eff. date corrected to 7-13-98.......27625
101.1201--101.1209 (Subpart N)  Added...............................6106
101.1209  Corrected................................................10781