[Title 47 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2004 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



          47


          Parts 20 to 39

                         Revised as of October 1, 2004


          Telecommunication
          
          


________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2004
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2004



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                            Table of Contents



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

  Title 47:
          Chapter I--Federal Communications Commission 
          (Continued)                                                3
  Finding Aids:
      Material Approved for Incorporation by Reference........     529
      Table of CFR Titles and Chapters........................     531
      Alphabetical List of Agencies Appearing in the CFR......     549
      Table of OMB Control Numbers............................     559
      List of CFR Sections Affected...........................     569

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

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

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

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
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, 2004), 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, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, 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) 741-6010.

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

[[Page vii]]


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 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
[email protected].

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 LSA (List of 
CFR Sections Affected), The United States Government Manual, the Federal 
Register, Public Laws, Public Papers, Weekly Compilation of Presidential 
Documents and the Privacy Act Compilation are available in electronic 
format at www.access.gpo.gov/nara (``GPO Access''). For more 
information, contact Electronic Information Dissemination Services, U.S. 
Government Printing Office. Phone 202-512-1530, or 888-293-6498 (toll-
free). E-mail, [email protected].
    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 
information. Connect to NARA's web site at www.archives.gov/federal--
register. The NARA site also contains links to GPO Access.

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

October 1, 2004.

[[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, 2004.

    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.

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

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[[Page 1]]



                       TITLE 47--TELECOMMUNICATION




                   (This book contains parts 20 to 39)

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

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

[[Page 3]]



                    CHAPTER I--FEDERAL COMMUNICATIONS
                         COMMISSION (CONTINUED)




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

                  SUBCHAPTER B--COMMON CARRIER SERVICES
Part                                                                Page
20              Commercial mobile radio services............           5
21              Domestic public fixed radio services........          22
22              Public mobile services......................         105
23              International fixed public 
                    radiocommunication services.............         208
24              Personal communications services............         227
25              Satellite communications....................         263
27              Miscellaneous wireless communications 
                    services................................         370
32              Uniform system of accounts for 
                    telecommunications companies............         404
36              Jurisdictional separations procedures; 
                    standard procedures for separating 
                    telecommunications property costs, 
                    revenues, expenses, taxes and reserves 
                    for telecommunications companies........         476
37--39          [Reserved]

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

Supplementary Publications: Annual Reports of the Federal Communications 
  Commission to Congress.

  Federal Communications Commission Reports of Orders and Decisions.

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

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

[[Page 5]]



                  SUBCHAPTER B_COMMON CARRIER SERVICES





PART 20_COMMERCIAL MOBILE RADIO SERVICES--Table of Contents




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

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

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



Sec. 20.1  Purpose.

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



Sec. 20.3  Definitions.

    Appropriate local emergency authority. An emergency answering point 
that has not been officially designated as a Public Safety Answering 
Point (PSAP), but has the capability of receiving 911 calls and either 
dispatching emergency services personnel or, if necessary, relaying the 
call to another emergency service provider. An appropriate local 
emergency authority may include, but is not limited, to an existing 
local law enforcement authority, such as the police, county sheriff, 
local emergency medical services provider, or fire department.
    Automatic Number Identification (ANI). A system that identifies the 
billing account for a call. For 911 systems, the ANI identifies the 
calling party and may be used as a call back number.
    Commercial mobile radio service. A mobile service that is:
    (a)(1) provided for profit, i.e., with the intent of receiving 
compensation or monetary gain;
    (2) An interconnected service; and
    (3) Available to the public, or to such classes of eligible users as 
to be effectively available to a substantial portion of the public; or
    (b) The functional equivalent of such a mobile service described in 
paragraph (a) of this section.
    Designated PSAP. The Public Safety Answering Point (PSAP) designated 
by the local or state entity that has the authority and responsibility 
to designate the PSAP to receive wireless 911 calls.
    Incumbent Wide Area SMR Licensees. Licensees who have obtained 
extended implementation authorizations in the 800 MHz or 900 MHz 
service, either by waiver or under Section 90.629 of these rules, and 
who offer real-time, two-way voice service that is interconnected with 
the public switched network.
    Handset-based location technology. A method of providing the 
location of wireless 911 callers that requires the use of special 
location-determining hardware and/or software in a portable or mobile 
phone. Handset-based location technology may also employ additional 
location-determining hardware and/or software in the CMRS network and/or 
another fixed infrastructure.
    Interconnection or Interconnected. Direct or indirect connection 
through automatic or manual means (by wire, microwave, or other 
technologies such as store and forward) to permit the transmission or 
reception of messages or signals to or from points in the public 
switched network.
    Interconnected Service. A service: (a) That is interconnected with 
the public switched network, or interconnected with the public switched 
network through an interconnected service provider, that gives 
subscribers the capability to communicate to or receive communication 
from all other users on the public switched network; or
    (b) For which a request for such interconnection is pending pursuant 
to

[[Page 6]]

section 332(c)(1)(B) of the Communications Act, 47 U.S.C. 332(c)(1)(B). 
A mobile service offers interconnected service even if the service 
allows subscribers to access the public switched network only during 
specified hours of the day, or if the service provides general access to 
points on the public switched network but also restricts access in 
certain limited ways. Interconnected service does not include any 
interface between a licensee's facilities and the public switched 
network exclusively for a licensee's internal control purposes.
    Location-capable handsets. Portable or mobile phones that contain 
special location-determining hardware and/or software, which is used by 
a licensee to locate 911 calls.
    Mobile Service. A radio communication service carried on between 
mobile stations or receivers and land stations, and by mobile stations 
communicating among themselves, and includes:
    (a) Both one-way and two-way radio communications services;
    (b) A mobile service which provides a regularly interacting group of 
base, mobile, portable, and associated control and relay stations 
(whether licensed on an individual, cooperative, or multiple basis) for 
private one-way or two-way land mobile radio communications by eligible 
users over designated areas of operation; and
    (c) Any service for which a license is required in a personal 
communications service under part 24 of this chapter.
    Network-based Location Technology. A method of providing the 
location of wireless 911 callers that employs hardware and/or software 
in the CMRS network and/or another fixed infrastructure, and does not 
require the use of special location-determining hardware and/or software 
in the caller's portable or mobile phone.
    Private Mobile Radio Service. A mobile service that is neither a 
commercial mobile radio service nor the functional equivalent of a 
service that meets the definition of commercial mobile radio service. 
Private mobile radio service includes the following:
    (a) Not-for-profit land mobile radio and paging services that serve 
the licensee's internal communications needs as defined in part 90 of 
this chapter. Shared-use, cost-sharing, or cooperative arrangements, 
multiple licensed systems that use third party managers or users 
combining resources to meet compatible needs for specialized internal 
communications facilities in compliance with the safeguards of Sec. 
90.179 of this chapter are presumptively private mobile radio services;
    (b) Mobile radio service offered to restricted classes of eligible 
users. This includes entities eligible in the Public Safety Radio Pool 
and Radiolocation service.
    (c) 220-222 MHz land mobile service and Automatic Vehicle Monitoring 
systems (part 90 of this chapter) that do not offer interconnected 
service or that are not-for-profit; and
    (d) Personal Radio Services under part 95 of this chapter (General 
Mobile Services, Radio Control Radio Services, and Citizens Band Radio 
Services); Maritime Service Stations (excluding Public Coast stations) 
(part 80 of this chapter); and Aviation Service Stations (part 87 of 
this chapter).
    Pseudo Automatic Number Identification (Pseudo-ANI). A number, 
consisting of the same number of digits as ANI, that is not a North 
American Numbering Plan telephone directory number and may be used in 
place of an ANI to convey special meaning. The special meaning assigned 
to the pseudo-ANI is determined by agreements, as necessary, between the 
system originating the call, intermediate systems handling and routing 
the call, and the destination system.
    Public Safety Answering Point. A point that has been designated to 
receive 911 calls and route them to emergency service personnel.
    Public Switched Network. Any common carrier switched network, 
whether by wire or radio, including local exchange carriers, 
interexchange carriers, and mobile service providers, that use the North 
American Numbering Plan in connection with the provision of switched 
services.
    Statewide default answering point. An emergency answering point 
designated by the State to receive 911 calls for either the entire State 
or those portions

[[Page 7]]

of the State not otherwise served by a local PSAP.

[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 38402, July 24, 1996; 
61 FR 40352, Aug. 2, 1996; 62 FR 18843, Apr. 17, 1997; 63 FR 2637, Jan. 
16, 1998; 64 FR 60130, Nov. 4, 1999; 67 FR 1648, Jan. 14, 2002]



Sec. 20.5  Citizenship.

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

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



Sec. 20.6  CMRS spectrum aggregation limit.

    (a) Spectrum limitation. No licensee in the broadband PCS, cellular, 
or SMR services (including all parties under common control) regulated 
as CMRS (see 47 CFR 20.9) shall have an attributable interest in a total 
of more than 55 MHz of licensed broadband PCS, cellular, and SMR 
spectrum regulated as CMRS with significant overlap in any geographic 
area.
    (b) SMR spectrum. To calculate the amount of attributable SMR 
spectrum for purposes of paragraph (a) of this section, an entity must 
count all 800 MHz and 900 MHz channels located at any SMR base station 
inside the geographic area (MTA or BTA) where there is significant 
overlap. All 800 MHz channels located on at least one of those 
identified base stations count as 50 kHz (25 kHz paired), and all 900 
MHz channels located on at least one of those identified base stations 
count as 25 kHz (12.5 kHz paired); provided that any discrete 800 or 900 
MHz channel shall be counted only once per licensee within the 
geographic area, even if the licensee in question utilizes the same 
channel at more than one location within the relevant geographic area. 
No more than 10 MHz of SMR spectrum in the 800 and 900 MHz SMR services 
will be attributed to an entity when determining compliance with the 
cap.
    (c) Significant overlap. (1) For purposes of paragraph (a) of this 
section, significant overlap of a PCS licensed service area and CGSA(s) 
(as defined in Sec. 22.911 of this chapter) or SMR service area(s) 
occurs when at least 10 percent of the population of the PCS licensed 
service area for the counties contained therein, as determined by the 
latest available decennial census figures as complied by the Bureau of 
the Census, is within the CGSA(s) and/or SMR service area(s).
    (2) The Commission shall presume that an SMR service area covers 
less than 10 percent of the population of a PCS service area if none of 
the base stations of the SMR licensee are located within the PCS service 
area. For an SMR licensee's base stations that are located within a PCS 
service area, the channels licensed at those sites will be presumed to 
cover 10 percent of the population of the PCS service area, unless the 
licensee shows that its protected service contour for all of its base 
stations covers less than 10 percent of the population of the PCS 
service area.

[[Page 8]]

    (d) Ownership attribution. For purposes of paragraph (a) of this 
section, ownership and other interests in broadband PCS licensees, 
cellular licensees, or SMR licensees will be attributed to their holders 
pursuant to the following criteria:
    (1) Controlling interest shall be attributable. Controlling interest 
means majority voting equity ownership, any general partnership 
interest, or any means of actual working control (including negative 
control) over the operation of the licensee, in whatever manner 
exercised.
    (2) Partnership and other ownership interests and any stock interest 
amounting to 20 percent or more of the equity, or outstanding stock, or 
outstanding voting stock of a broadband PCS, cellular or SMR licensee 
shall be attributed, except that ownership will not be attributed unless 
the partnership and other ownership interests and any stock interest 
amount to at least 40 percent of the equity, or outstanding stock, or 
outstanding voting stock of a broadband PCS, cellular or SMR licensee if 
the ownership interest is held by a small business or a rural telephone 
company, as these terms are defined in Sec. 1.2110 of this chapter or 
other related provisions of the Commission's rules, or if the ownership 
interest is held by an entity with a non-controlling equity interest in 
a broadband PCS licensee or applicant that is a small business.
    (3) Investment companies, as defined in 15 U.S.C. 80a-3, insurance 
companies and banks holding stock through their trust departments in 
trust accounts will be considered to have an attributable interest only 
if they hold 40 percent or more of the outstanding voting stock of a 
corporate broadband PCS, cellular or SMR licensee, or if any of the 
officers or directors of the broadband PCS, cellular or SMR licensee are 
representatives of the investment company, insurance company or bank 
concerned. Holdings by a bank or insurance company will be aggregated if 
the bank or insurance company has any right to determine how the stock 
will be voted. Holdings by investment companies will be aggregated if 
under common management.
    (4) Non-voting stock shall be attributed as an interest in the 
issuing entity if in excess of the amounts set forth in paragraph (d)(2) 
of this section.
    (5) Debt and instruments such as warrants, convertible debentures, 
options, or other interests (except non-voting stock) with rights of 
conversion to voting interests shall not be attributed unless and until 
converted, except that this provision does not apply in determining 
whether an entity is a small business, a rural telephone company, or a 
business owned by minorities and/or women, as these terms are defined in 
Sec. 1.2110 of this chapter or other related provisions of the 
Commission's rules.
    (6) Limited partnership interests shall be attributed to limited 
partners and shall be calculated according to both the percentage of 
equity paid in and the percentage of distribution of profits and losses.
    (7) Officers and directors of a broadband PCS licensee or applicant, 
cellular licensee, or SMR licensee shall be considered to have an 
attributable interest in the entity with which they are so associated. 
The officers and directors of an entity that controls a broadband PCS 
licensee or applicant, a cellular licensee, or an SMR licensee shall be 
considered to have an attributable interest in the broadband PCS 
licensee or applicant, cellular licensee, or SMR licensee.
    (8) Ownership interests that are held indirectly by any party 
through one or more intervening corporations will be determined by 
successive multiplication of the ownership percentages for each link in 
the vertical ownership chain and application of the relevant attribution 
benchmark to the resulting product, except that if the ownership 
percentage for an interest in any link in the chain exceeds 50 percent 
or represents actual control, it shall be treated as if it were a 100 
percent interest. (For example, if A owns 20% of B, and B owns 40% of 
licensee C, then A's interest in licensee C would be 8%. If A owns 20% 
of B, and B owns 51% of licensee C, then A's interest in licensee C 
would be 20% because B's ownership of C exceeds 50%.)
    (9) Any person who manages the operations of a broadband PCS, 
cellular,

[[Page 9]]

or SMR licensee pursuant to a management agreement shall be considered 
to have an attributable interest in such licensee if such person, or its 
affiliate, has authority to make decisions or otherwise engage in 
practices or activities that determine, or significantly influence,
    (i) The nature or types of services offered by such licensee;
    (ii) The terms upon which such services are offered; or
    (iii) The prices charged for such services.
    (10) Any licensee or its affiliate who enters into a joint marketing 
arrangements with a broadband PCS, cellular, or SMR licensee, or its 
affiliate shall be considered to have an attributable interest, if such 
licensee, or its affiliate, has authority to make decisions or otherwise 
engage in practices or activities that determine, or significantly 
influence,
    (i) The nature or types of services offered by such licensee;
    (ii) The terms upon which such services are offered; or
    (iii) The prices charged for such services.
    (e) Divestiture. (1) Divestiture of interests as a result of a 
transfer of control or assignment of authorization must occur prior to 
consummating the transfer or assignment, except that a licensee that 
meets the requirements set forth in paragraph (e)(2) of this section 
shall have 90 days from final grant to come into compliance with the 
spectrum aggregation limit.
    (2) An applicant with:
    (i) Controlling or attributable ownership interests in broadband 
PCS, cellular, and/or SMR licenses where the geographic license areas 
cover 20 percent or less of the applicant's service area population;
    (ii) Attributable interests in broadband PCS, cellular, and/or SMR 
licenses solely due to management agreements or joint marketing 
agreements; or
    (iii) Non-controlling attributable interests in broadband PCS, 
cellular, and/or SMR licenses, regardless of the degree to which the 
geographic license areas cover the applicant's service area population, 
shall be eligible to have its application granted subject to a condition 
that the licensee shall come into compliance with the spectrum 
limitation set out in paragraph (a) within ninety (90) days after final 
grant. For purposes of this paragraph, a ``non-controlling attributable 
interest'' is one in which the holder has less than a fifty (50) percent 
voting interest and there is an unaffiliated single holder of a fifty 
(50) percent or greater voting interest.
    (3) The applicant for a license that, if granted, would exceed the 
spectrum aggregation limitation in paragraph (a) of this section shall 
certify on its application that it and all parties to the application 
will come into compliance with this limitation. If such an applicant is 
a successful bidder in an auction, it must submit with its long-form 
application a signed statement describing its efforts to date and future 
plans to come into compliance with the spectrum aggregation limitation. 
A similar statement must also be included with any application for 
assignment of licenses or transfer of control that, if granted, would 
exceed the spectrum aggregation limit.
    (4)(i) Parties holding controlling interests in broadband PCS, 
cellular, and/or SMR licensees that conflict with the attribution 
threshold or geographic overlap limitations set forth in this section 
will be considered to have come into compliance if they have submitted 
to the Commission an application for assignment of license or transfer 
of control of the conflicting licensee (see Sec. 1.948 of this chapter; 
see also Sec. 24.839 of this chapter (PCS)) by which, if granted, such 
parties no longer would have an attributable interest in the conflicting 
license. Divestiture may be to an interim trustee if a buyer has not 
been secured in the required period of time, as long as the applicant 
has no interest in or control of the trustee, and the trustee may 
dispose of the license as it sees fit. Where parties to broadband PCS, 
cellular, or SMR applications hold less than controlling (but still 
attributable) interests in broadband PCS, cellular, or SMR licensee(s), 
they shall submit a certification that the applicant and all parties to 
the application have come into compliance with the limitations on 
spectrum aggregation set forth in this section.

[[Page 10]]

    (ii) Applicants that meet the requirements of paragraph (e)(2) of 
this section must tender to the Commission within ninety (90) days of 
final grant of the initial license, such an assignment or transfer 
application or, in the case of less than controlling (but still 
attributable) interests, a written certification that the applicant and 
all parties to the application have come into compliance with the 
limitations on spectrum aggregation set forth in this section. If no 
such transfer or assignment application or certification is tendered to 
the Commission within ninety (90) days of final grant of the initial 
license, the Commission may consider the certification and the 
divestiture statement to be material, bad faith misrepresentations and 
shall invoke the condition on the initial license or the assignment or 
transfer, cancelling or rescinding it automatically, shall retain all 
monies paid to the Commission, and, based on the facts presented, shall 
take any other action it may deem appropriate.
    (f) Sunset. This rule section shall cease to be effective January 1, 
2003.

    Note 1 to Sec. 20.6: For purposes of the ownership attribution 
limit, all ownership interests in operations that serve at least 10 
percent of the population of the PCS service area should be included in 
determining the extent of a PCS applicant's cellular or SMR ownership.
    Note 2 to Sec. 20.6: When a party owns an attributable interest in 
more than one cellular or SMR system that overlaps a PCS service area, 
the total population in the overlap area will apply on a cumulative 
basis.
    Note 3 to Sec. 20.6: Waivers of Sec. 20.6(d) may be granted upon 
an affirmative showing:
    (1) That the interest holder has less than a 50 percent voting 
interest in the licensee and there is an unaffiliated single holder of a 
50 percent or greater voting interest;
    (2) That the interest holder is not likely to affect the local 
market in an anticompetitive manner;
    (3) That the interest holder is not involved in the operations of 
the licensee and does not have the ability to influence the licensee on 
a regular basis; and
    (4) That grant of a waiver is in the public interest because the 
benefits to the public of common ownership outweigh any potential 
anticompetitive harm to the market.

[64 FR 54574, Oct. 7, 1999, as amended at 67 FR 1642, Jan. 14, 2002]



Sec. 20.7  Mobile services.

    The following are mobile services within the meaning of sections 
3(n) and 332 of the Communications Act, 47 U.S.C. 153(n), 332.
    (a) Public mobile services (part 22 of this chapter), including 
fixed operations that support the mobile systems, but excluding Rural 
Radio Service and Basic Exchange Telecommunications Radio Service (part 
22, subpart H of this chapter);
    (b) Private land mobile services (part 90 of this chapter), 
including secondary fixed operations, but excluding fixed services such 
as call box operations and meter reading;
    (c) Mobile satellite services (part 25 of this chapter) including 
dual-use equipment, terminals capable of transmitting while a platform 
is moving, but excluding satellite facilities provided through a 
transportable platform that cannot move when the communications service 
is offered;
    (d) Marine and aviation services (parts 80 and 87 of this chapter), 
including fixed operations that support these marine and aviation mobile 
systems;
    (e) Personal radio services (part 95 of this chapter), but excluding 
218-219 MHz Service;
    (f) Personal communications services (part 24 of this chapter);
    (g) Auxiliary services provided by mobile service licensees, and 
ancillary fixed communications offered by personal communications 
service providers;
    (h) Unlicensed services meeting the definition of commercial mobile 
radio service in Sec. 20.3, such as the resale of commercial mobile 
radio services, but excluding unlicensed radio frequency devices under 
part 15 of this chapter (including unlicensed personal communications 
service devices).

[59 FR 18495, Apr. 19, 1994, as amended at 63 FR 54077, Oct. 8, 1998]



Sec. 20.9  Commercial mobile radio service.

    (a) The following mobile services shall be treated as common 
carriage services and regulated as commercial mobile radio services 
(including any such service offered as a hybrid service or offered on an 
excess capacity basis

[[Page 11]]

to the extent it meets the definition of commercial mobile radio 
service, or offered as an auxiliary or ancillary service), pursuant to 
Section 332 of the Communications Act, 47 U.S.C. 332:
    (1) Private Paging (part 90 of this chapter), excluding not-for-
profit paging systems that serve only the licensee's own internal 
communications needs;
    (2) Stations that offer Industrial/Business Pool (Sec. 90.35 of 
this chapter) eligibles for-profit, interconnected service;
    (3) Land Mobile Systems on 220-222 MHz (part 90 of this chapter), 
except services that are not-for-profit or do not offer interconnected 
service;
    (4) Specialized Mobile Radio services that provide interconnected 
service (part 90 of this chapter);
    (5) Public Coast Stations (part 80, subpart J of this chapter);
    (6) Paging and Radiotelephone Service (part 22, subpart E of this 
chapter).
    (7) Cellular Radiotelephone Service (part 22, subpart H of this 
chapter).
    (8) Air-Ground Radiotelephone Service (part 22, subpart G of this 
chapter).
    (9) Offshore Radiotelephone Service (part 22, subpart I of this 
chapter).
    (10) Any mobile satellite service involving the provision of 
commercial mobile radio service (by licensees or resellers) directly to 
end users, except that mobile satellite licensees and other entities 
that sell or lease space segment capacity, to the extent that it does 
not provide commercial mobile radio service directly to end users, may 
provide space segment capacity to commercial mobile radio service 
providers on a non-common carrier basis, if so authorized by the 
Commission;
    (11) Personal Communications Services (part 24 of this chapter), 
except as provided in paragraph (b) of this section;
    (12) Mobile operations in the 218-219 MHz Service (part 95, subpart 
F of this chapter) that provide for-profit interconnected service to the 
public;
    (13) For-profit subsidiary communications services transmitted on 
subcarriers within the FM baseband signal, that provide interconnected 
service (47 CFR 73.295 of this chapter); and
    (14) A mobile service that is the functional equivalent of a 
commercial mobile radio service.
    (i) A mobile service that does not meet the definition of commercial 
mobile radio service is presumed to be a private mobile radio service.
    (ii) Any interested party may seek to overcome the presumption that 
a particular mobile radio service is a private mobile radio service by 
filing a petition for declaratory ruling challenging a mobile service 
provider's regulatory treatment as a private mobile radio service.
    (A) The petition must show that: (1) The mobile service in question 
meets the definition of commercial mobile radio service; or
    (2) The mobile service in question is the functional equivalent of a 
service that meets the definition of a commercial mobile radio service.
    (B) A variety of factors will be evaluated to make a determination 
whether the mobile service in question is the functional equivalent of a 
commercial mobile radio service, including: consumer demand for the 
service to determine whether the service is closely substitutable for a 
commercial mobile radio service; whether changes in price for the 
service under examination, or for the comparable commercial mobile radio 
service would prompt customers to change from one service to the other; 
and market research information identifying the targeted market for the 
service under review.
    (C) The petition must contain specific allegations of fact supported 
by affidavit(s) of person(s) with personal knowledge. The petition must 
be served on the mobile service provider against whom it is filed and 
contain a certificate of service to this effect. The mobile service 
provider may file an opposition to the petition and the petitioner may 
file a reply. The general rules of practice and procedure contained in 
Sec. Sec. 1.1 through 1.52 of this chapter shall apply.
    (b) Licensees of a Personal Communications Service or applicants for 
a Personal Communications Service license, and VHF Public Coast Station 
geographic area licensees or applicants, proposing to use any Personal

[[Page 12]]

Communications Service or VHF Public Coast Station spectrum to offer 
service on a private mobile radio service basis must overcome the 
presumption that Personal Communications Service and VHF Public Coast 
Stations are commercial mobile radio services.
    (1) The applicant or licensee (who must file an application to 
modify its authorization) seeking authority to dedicate a portion of the 
spectrum for private mobile radio service, must include a certification 
that it will offer Personal Communications Service or VHF Public Coast 
Station service on a private mobile radio service basis. The 
certification must include a description of the proposed service 
sufficient to demonstrate that it is not within the definition of 
commercial mobile radio service in Sec. 20.3. Any application 
requesting to use any Personal Communications Service or VHF Public 
Coast Station spectrum to offer service on a private mobile radio 
service basis will be placed on public notice by the Commission.
    (2) Any interested party may file a petition to deny the application 
within 30 days after the date of public notice announcing the acceptance 
for filing of the application. The petition shall contain specific 
allegations of fact supported by affidavit(s) of person(s) with personal 
knowledge to show that the applicant's request does not rebut the 
commercial mobile radio service presumption. The petition must be served 
on the applicant and contain a certificate of service to this effect. 
The applicant may file an opposition with allegations of fact supported 
by affidavit. The petitioner may file a reply. No additional pleadings 
will be allowed. The general rules of practice and procedure contained 
in Sec. Sec. 1.1 through 1.52 of this chapter and Sec. 22.30 of this 
chapter shall apply.
    (c) Any provider of private land mobile service before August 10, 
1993 (including any system expansions, modifications, or acquisitions of 
additional licenses in the same service, even if authorized after this 
date), and any private paging service utilizing frequencies allocated as 
of January 1, 1993, that meet the definition of commercial mobile radio 
service, shall, except for purposes of Sec. 20.5 (applicable August 10, 
1993 for the providers listed in this paragraph), be treated as private 
mobile radio service until August 10, 1996. After this date, these 
entities will be treated as commercial mobile radio service providers 
regulated under this part.

[59 FR 18495, Apr. 19, 1994, as amended at 62 FR 18843, Apr. 17, 1997; 
63 FR 40062, July 27, 1998; 64 FR 26887, May 18, 1999; 64 FR 59659, Nov. 
3, 1999; 66 FR 10968, Feb. 21, 2001]



Sec. 20.11  Interconnection to facilities of local exchange carriers.

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

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



Sec. 20.12  Resale and roaming.

    (a) Scope of section. This section is applicable to providers of 
Broadband Personal Communications Services (part 24, subpart E of this 
chapter), Cellular Radio Telephone Service (part 22, subpart H of this 
chapter), and Specialized Mobile Radio Services in the 800 MHz

[[Page 13]]

and 900 MHz bands (included in part 90, subpart S of this chapter) if 
such providers offer real-time, two-way switched voice or data service 
that is interconnected with the public switched network and utilizes an 
in-network switching facility that enables the provider to reuse 
frequencies and accomplish seamless hand-offs of subscriber calls. The 
scope of paragraph (b) of this section, concerning the resale rule, is 
further limited so as to exclude from the requirements of that paragraph 
those Broadband Personal Communications Services C, D, E, and F block 
licensees that do not own and control and are not owned and controlled 
by firms also holding cellular, A, or B block licenses.
    (b) Resale. The resale rule is applicable as follows:
    (1) Each carrier subject to paragraph (b) of this section shall not 
restrict the resale of its services, unless the carrier demonstrates 
that the restriction is reasonable.
    (2) The resale requirement shall not apply to customer premises 
equipment, whether or not it is bundled with services subject to the 
resale requirement in this paragraph.
    (3) This paragraph shall cease to be effective five years after the 
last group of initial licenses for broadband PCS spectrum in the 1850-
1910 and the 1930-1990 MHz bands is awarded; i.e., at the close of 
November 24, 2002.
    (c) Roaming. Each carrier subject to this section must provide 
mobile radio service upon request to all subscribers in good standing to 
the services of any carrier subject to this section, including roamers, 
while such subscribers are located within any portion of the licensee's 
licensed service area where facilities have been constructed and service 
to subscribers has commenced, if such subscribers are using mobile 
equipment that is technically compatible with the licensee's base 
stations.

[64 FR 61027, Nov. 9, 1999, as amended at 65 FR 58482, Sept. 29, 2000]



Sec. 20.13  State petitions for authority to regulate rates.

    (a) States may petition for authority to regulate the intrastate 
rates of any commercial mobile radio service. The petition must include 
the following:
    (1) Demonstrative evidence that market conditions in the state for 
commercial mobile radio services do not adequately protect subscribers 
to such services from unjust and unreasonable rates or rates that are 
unjustly or unreasonably discriminatory. Alternatively, a state's 
petition may include demonstrative evidence showing that market 
conditions for commercial mobile radio services do not protect 
subscribers adequately from unjust and unreasonable rates, or rates that 
are unjustly or unreasonably discriminatory, and that a substantial 
portion of the commercial mobile radio service subscribers in the state 
or a specified geographic area have no alternative means of obtaining 
basic telephone service. This showing may include evidence of the range 
of basic telephone service alternatives available to consumers in the 
state.
    (2) The following is a non-exhaustive list of examples of the types 
of evidence, information, and analysis that may be considered pertinent 
to determine market conditions and consumer protection by the Commission 
in reviewing any petition filed by a state under this section:
    (i) The number of commercial mobile radio service providers in the 
state, the types of services offered by commercial mobile radio service 
providers in the state, and the period of time that these providers have 
offered service in the state;
    (ii) The number of customers of each commercial mobile radio service 
provider in the state; trends in each provider's customer base during 
the most recent annual period or other data covering another reasonable 
period if annual data is unavailable; and annual revenues and rates of 
return for each commercial mobile radio service provider;
    (iii) Rate information for each commercial mobile radio service 
provider, including trends in each provider's rates during the most 
recent annual period or other data covering another reasonable period if 
annual data is unavailable;
    (iv) An assessment of the extent to which services offered by the 
commercial mobile radio service providers the

[[Page 14]]

state proposes to regulate are substitutable for services offered by 
other carriers in the state;
    (v) Opportunities for new providers to enter into the provision of 
competing services, and an analysis of any barriers to such entry;
    (vi) Specific allegations of fact (supported by affidavit of person 
with personal knowledge) regarding anti-competitive or discriminatory 
practices or behavior by commercial mobile radio service providers in 
the state;
    (vii) Evidence, information, and analysis demonstrating with 
particularity instances of systematic unjust and unreasonable rates, or 
rates that are unjust or unreasonably discriminatory, imposed upon 
commercial mobile radio service subscribers. Such evidence should 
include an examination of the relationship between rates and costs. 
Additionally, evidence of a pattern of such rates, that demonstrates the 
inability of the commercial mobile radio service marketplace in the 
state to produce reasonable rates through competitive forces will be 
considered especially probative; and
    (viii) Information regarding customer satisfaction or 
dissatisfaction with services offered by commercial mobile radio service 
providers, including statistics and other information about complaints 
filed with the state regulatory commission.
    (3) Petitions must include a certification that the state agency 
filing the petition is the duly authorized state agency responsible for 
the regulation of telecommunication services provided in the state.
    (4) Petitions must identify and describe in detail the rules the 
state proposes to establish if the petition is granted.
    (5) States have the burden of proof. Interested parties may file 
comments in support or in opposition to the petition within 30 days 
after public notice of the filing of a petition by a state under this 
section. Any interested party may file a reply within 15 days after the 
expiration of the filing period for comments. No additional pleadings 
may be filed. Except for Sec. 1.45 of this chapter, practice and 
procedure rules contained in Sec. Sec. 1.42-1.52 of this chapter shall 
apply. The provisions of Sec. Sec. 1.771-1.773 of this chapter do not 
apply.
    (6) The Commission shall act upon any petition filed by a state 
under this paragraph not later than the end of the nine-month period 
after the filing of the petition.
    (7) If the Commission grants the petition, it shall authorize the 
state to regulate rates for commercial mobile radio services in the 
state during a reasonable period of time, as specified by the 
Commission. The period of time specified by the Commission will be that 
necessary to ensure that rates are just and reasonable, or not unjustly 
or unreasonably discriminatory.
    (b) States that regulated rates for commercial mobile services as of 
June 1, 1993, may petition the Commission under this section before 
August 10, 1994, to extend this authority.
    (1) The petition will be acted upon by the Commission in accordance 
with the provisions of paragraphs (a)(1) through (a)(5) of this section.
    (2) The Commission shall act upon the petition (including any 
reconsideration) not later than the end of the 12-month period following 
the date of the filing of the petition by the state involved. Commercial 
mobile radio service providers offering such service in the state shall 
comply with the existing regulations of the state until the petition and 
any reconsideration of the petition are acted upon by the Commission.
    (3) The provisions of paragraph (a)(7) of this section apply to any 
petition granted by the Commission under this paragraph.
    (c) No sooner than 18 months from grant of authority by the 
Commission under this section for state rate regulations, any interested 
party may petition the Commission for an order to discontinue state 
authority for rate regulation.
    (1) Petitions to discontinue state authority for rate regulation 
must be based on recent empirical data or other significant evidence 
demonstrating that the exercise of rate authority by a state is no 
longer necessary to ensure that the rates for commercial mobile are just 
and reasonable or not unjustly or unreasonably discriminatory.

[[Page 15]]

    (2) Any interested party may file comments in support of or in 
opposition to the petition within 30 days after public notice of the 
filing of the petition. Any interested party may file a reply within 15 
days after the time for filing comments has expired. No additional 
pleadings may be filed. Except for 1.45 of this chapter, practice and 
procedure rules contained in Sec. 1.42-1.52 of this chapter apply. The 
provisions of Sec. Sec. 1.771-1.773 of this chapter do not apply.
    (3) The Commission shall act upon any petition filed by any 
interested party under this paragraph within nine months after the 
filing of the petition.



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

    (a) Commercial mobile radio services providers, to the extent 
applicable, must comply with sections 201, 202, 206, 207, 208, 209, 216, 
217, 223, 225, 226, 227, and 228 of the Communications Act, 47 U.S.C. 
201, 202, 206, 207, 208, 209, 216, 217, 223, 225, 226, 227, 228; part 68 
of this chapter, 47 CFR part 68; and Sec. Sec. 1.701-1.748, and 1.815 
of this chapter, 47 CFR 1.701-1.748, 1.815.
    (b) Commercial mobile radio service providers are not required to:
    (1) File with the Commission copies of contracts entered into with 
other carriers or comply with other reporting requirements, or with 
Sec. Sec. 1.781 through 1.814 and 43.21 of this chapter; except that 
commercial radio service providers that offer broadband service, as 
described in Sec. 1.7001(a) or mobile telephony are required to file 
reports pursuant to Sec. Sec. 1.7000 and 43.11 of this chapter to the 
extent that they meet the thresholds as set out in Sec. Sec. 1.7001(b) 
and 43.11(a) of this chapter. For purposes of this section mobile, 
telephony is defined as real-time, two-way switched voice service that 
is interconnected with the public switched network utilizing an in-
network switching facility that enables the provider to reuse 
frequencies and accomplish seamless handoff of subscriber calls.
    (2) Seek authority for interlocking directors (section 212 of the 
Communications Act);
    (3) Submit applications for new facilities or discontinuance of 
existing facilities (section 214 of the Communications Act).
    (c) Commercial mobile radio service providers shall not file tariffs 
for international and interstate service to their customers, interstate 
access service, or international and interstate operator service. 
Sections 1.771 through 1.773 and part 61 of this chapter are not 
applicable to international and interstate services provided by 
commercial mobile radio service providers. Commercial mobile radio 
service providers shall cancel tariffs for international and interstate 
service to their customers, interstate access service, and international 
and interstate operator service.
    (d) Except as specified as in paragraphs (d)(1) and (2), nothing in 
this section shall be construed to modify the Commission's rules and 
policies on the provision of international service under part 63 of this 
chapter.
    (1) Notwithstanding the provisions of Sec. 63.21(c) of this 
chapter, a commercial mobile radio service provider is not required to 
comply with Sec. 42.10 of this chapter.
    (2) A commercial mobile radio service (CMRS) provider that is 
classified as dominant under Sec. 63.10 of this chapter due to an 
affiliation with a foreign carrier is required to comply with Sec. 
42.11 of this chapter if the affiliated foreign carrier collects 
settlement payments from U.S. carriers for terminating U.S. 
international switched traffic at the foreign end of the route. Such a 
CMRS provider is not required to comply with Sec. 42.11, however, if it 
provides service on the affiliated route solely through the resale of an 
unaffiliated facilities-based provider's international switched 
services.
    (3) For purposes of paragraphs (d)(1) and (2) of this section, 
affiliated and foreign carrier are defined in Sec. 63.09 of this 
Chapter.
    (e) For obligations of commercial mobile radio service providers to 
provide local number portability, see Sec. 52.1 of this chapter.

[59 FR 18495, Apr. 19, 1994, as amended at 61 FR 38637, July 25, 1996; 
63 FR 43040, Aug. 11, 1998; 65 FR 19685, Apr. 12, 2000; 65 FR 24654, 
Apr. 27, 2000; 66 FR 16879, Mar. 28, 2001]

[[Page 16]]



Sec. 20.18  911 Service.

    (a) Scope of section. The following requirements are only applicable 
to Broadband Personal Communications Services (part 24, subpart E of 
this chapter), Cellular Radio Telephone Service (part 22, subpart H of 
this chapter), and Geographic Area Specialized Mobile Radio Services and 
Incumbent Wide Area SMR Licensees in the 800 MHz and 900 MHz bands 
(included in part 90, subpart S of this chapter) and those entities that 
offer voice service to consumers by purchasing airtime or capacity at 
wholesale rates from these licensees, collectively CMRS providers. In 
addition, service providers in these enumerated services are subject to 
the following requirements solely to the extent that they offer real-
time, two way switched voice service that is interconnected with the 
public switched network and utilize an in-network switching facility 
which enables the provider to reuse frequencies and accomplish seamless 
hand-offs of subscriber calls.
    (b) Basic 911 Service. CMRS providers subject to this section must 
transmit all wireless 911 calls without respect to their call validation 
process to a Public Safety Answering Point, or, where no Public Safety 
Answering Point has been designated, to a designated statewide default 
answering point or appropriate local emergency authority pursuant to 
Sec. 64.3001 of this chapter, provided that ``all wireless 911 calls'' 
is defined as ``any call initiated by a wireless user dialing 911 on a 
phone using a compliant radio frequency protocol of the serving 
carrier.''
    (c) TTY Access to 911 Services. CMRS providers subject to this 
section must be capable of transmitting 911 calls from individuals with 
speech or hearing disabilities through means other than mobile radio 
handsets, e.g., through the use of Text Telephone Devices (TTY).
    (d) Phase I enhanced 911 services. (1) As of April 1, 1998, or 
within six months of a request by the designated Public Safety Answering 
Point as set forth in paragraph (j) of this section, whichever is later, 
licensees subject to this section must provide the telephone number of 
the originator of a 911 call and the location of the cell site or base 
station receiving a 911 call from any mobile handset accessing their 
systems to the designated Public Safety Answering Point through the use 
of ANI and Pseudo-ANI.
    (2) When the directory number of the handset used to originate a 911 
call is not available to the serving carrier, such carrier's obligations 
under the paragraph (d)(1) of this section extend only to delivering 911 
calls and available call party information, including that prescribed in 
paragraph (l) of this section, to the designated Public Safety Answering 
Point.

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

    (e) Phase II enhanced 911 service. Licensees subject to this section 
must provide to the designated Public Safety Answering Point Phase II 
enhanced 911 service, i.e., the location of all 911 calls by longitude 
and latitude in conformance with Phase II accuracy requirements (see 
paragraph (h) of this section).
    (f) Phase-in for network-based location technologies. Licensees 
subject to this section who employ a network-based location technology 
shall provide Phase II 911 enhanced service to at least 50 percent of 
their coverage area or 50 percent of their population beginning October 
1, 2001, or within 6 months of a PSAP request, whichever is later; and 
to 100 percent of their coverage area or 100 percent of their population 
within 18 months of such a request or by October 1, 2002, whichever is 
later.
    (g) Phase-in for handset-based location technologies. Licensees 
subject to this section who employ a handset-based location technology 
may phase in deployment of Phase II enhanced 911 service, subject to the 
following requirements:
    (1) Without respect to any PSAP request for deployment of Phase II 
911 enhanced service, the licensee shall:
    (i) Begin selling and activating location-capable handsets no later 
than October 1, 2001;

[[Page 17]]

    (ii) Ensure that at least 25 percent of all new handsets activated 
are location-capable no later than December 31, 2001;
    (iii) Ensure that at least 50 percent of all new handsets activated 
are location-capable no later than June 30, 2002; and
    (iv) Ensure that 100 percent of all new digital handsets activated 
are location-capable no later than December 31, 2002, and thereafter.
    (v) By December 31, 2005, achieve 95 percent penetration of 
location-capable handsets among its subscribers.
    (vi) Licensees that meet the enhanced 911 compliance obligations 
through GPS-enabled handsets and have commercial agreements with 
resellers will not be required to include the resellers' handset counts 
in their compliance percentages.
    (2) Once a PSAP request is received, the licensee shall, in the area 
served by the PSAP, within six months or by October 1, 2001, whichever 
is later:
    (i) Install any hardware and/or software in the CMRS network and/or 
other fixed infrastructure, as needed, to enable the provision of Phase 
II enhanced 911 service; and
    (ii) Begin delivering Phase II enhanced 911 service to the PSAP.
    (3) For all 911 calls from portable or mobile phones that do not 
contain the hardware and/or software needed to enable the licensee to 
provide Phase II enhanced 911 service, the licensee shall, after a PSAP 
request is received, support, in the area served by the PSAP, Phase I 
location for 911 calls or other available best practice method of 
providing the location of the portable or mobile phone to the PSAP.
    (4) Licensees employing handset-based location technologies shall 
ensure that location-capable portable or mobile phones shall conform to 
industry interoperability standards designed to enable the location of 
such phones by multiple licensees.
    (h) Phase II accuracy. Licensees subject to this section shall 
comply with the following standards for Phase II location accuracy and 
reliability:
    (1) For network-based technologies: 100 meters for 67 percent of 
calls, 300 meters for 95 percent of calls;
    (2) For handset-based technologies: 50 meters for 67 percent of 
calls, 150 meters for 95 percent of calls.
    (3) For the remaining 5 percent of calls, location attempts must be 
made and a location estimate for each call must be provided to the 
appropriate PSAP.
    (i) Reports on Phase II plans. Licensees subject to this section 
shall report to the Commission their plans for implementing Phase II 
enhanced 911 service, including the location-determination technology 
they plan to employ and the procedure they intend to use to verify 
conformance with the Phase II accuracy requirements by November 9, 2000. 
Licensees are required to update these plans within thirty days of the 
adoption of any change. These reports and updates may be filed 
electronically in a manner to be designated by the Commission.
    (j) Conditions for enhanced 911 services. (1) Generally. The 
requirements set forth in paragraphs (d) through (h) of this section 
shall be applicable only if the administrator of the designated Public 
Safety Answering Point has requested the services required under those 
paragraphs and the Public Safety Answering Point is capable of receiving 
and utilizing the data elements associated with the service and a 
mechanism for recovering the Public Safety Answering Point's costs of 
the enhanced 911 service is in place.
    (2) Commencement of six-month period. (i) Except as provided in 
paragraph (ii) of this section, for purposes of commencing the six-month 
period for carrier implementation specified in paragraphs (d), (f) and 
(g) of this section, a PSAP will be deemed capable of receiving and 
utilizing the data elements associated with the service requested, if it 
can demonstrate that it has:
    (A) Ordered the necessary equipment and has commitments from 
suppliers to have it installed and operational within such six-month 
period; and
    (B) Made a timely request to the appropriate local exchange carrier 
for the necessary trunking, upgrades, and other facilities.
    (ii) For purposes of commencing the six-month period for carrier 
implementation specified in paragraphs (f) and (g) of this section, a 
PSAP that is

[[Page 18]]

Phase I-capable using a Non-Call Path Associated Signaling (NCAS) 
technology will be deemed capable of receiving and utilizing the data 
elements associated with Phase II service if it can demonstrate that it 
has made a timely request to the appropriate local exchange carrier for 
the ALI database upgrade necessary to receive the Phase II information.
    (3) Tolling of six-month period. Where a wireless carrier has served 
a written request for documentation on the PSAP within 15 days of 
receiving the PSAP's request for Phase I or Phase II enhanced 911 
service, and the PSAP fails to respond to such request within 15 days of 
such service, the six-month period for carrier implementation specified 
in paragraphs (d), (f), and (g) of this section will be tolled until the 
PSAP provides the carrier with such documentation.
    (4) Carrier certification regarding PSAP readiness issues. At the 
end of the six-month period for carrier implementation specified in 
paragraphs (d), (f) and (g) of this section, a wireless carrier that 
believes that the PSAP is not capable of receiving and utilizing the 
data elements associated with the service requested may file a 
certification with the Commission. Upon filing and service of such 
certification, the carrier may suspend further implementation efforts, 
except as provided in paragraph (j)(4)(x) of this section.
    (i) As a prerequisite to filing such certification, no later than 21 
days prior to such filing, the wireless carrier must notify the affected 
PSAP, in writing, of its intent to file such certification. Any response 
that the carrier receives from the PSAP must be included with the 
carrier's certification filing.
    (ii) The certification process shall be subject to the procedural 
requirements set forth in sections 1.45 and 1.47 of this chapter.
    (iii) The certification must be in the form of an affidavit signed 
by a director or officer of the carrier, documenting:
    (A) The basis for the carrier's determination that the PSAP will not 
be ready;
    (B) Each of the specific steps the carrier has taken to provide the 
E911 service requested;
    (C) The reasons why further implementation efforts cannot be made 
until the PSAP becomes capable of receiving and utilizing the data 
elements associated with the E911 service requested; and
    (D) The specific steps that remain to be completed by the wireless 
carrier and, to the extent known, the PSAP or other parties before the 
carrier can provide the E911 service requested.
    (iv) All affidavits must be correct. The carrier must ensure that 
its affidavit is correct, and the certifying director or officer has the 
duty to personally determine that the affidavit is correct.
    (v) A carrier may not engage in a practice of filing inadequate or 
incomplete certifications for the purpose of delaying its 
responsibilities.
    (vi) To be eligible to make a certification, the wireless carrier 
must have completed all necessary steps toward E911 implementation that 
are not dependent on PSAP readiness.
    (vii) A copy of the certification must be served on the PSAP in 
accordance with Sec. 1.47 of this chapter. The PSAP may challenge in 
writing the accuracy of the carrier's certification and shall serve a 
copy of such challenge on the carrier. See Sec. Sec. 1.45 and 1.47 and 
Sec. Sec. 1.720 through 1.736 of this chapter.
    (viii) If a wireless carrier's certification is facially inadequate, 
the six-month implementation period specified in paragraphs (d), (f) and 
(g) of this section will not be suspended as provided for in paragraph 
(j)(4) of this section.
    (ix) If a wireless carrier's certification is inaccurate, the 
wireless carrier will be liable for noncompliance as if the 
certification had not been filed.
    (x) A carrier that files a certification under paragraph (j)(4) of 
this section shall have 90 days from receipt of the PSAP's written 
notice that it is capable of receiving and utilizing the data elements 
associated with the service requested to provide such service in 
accordance with the requirements of paragraphs (d) through (h) of this 
section.

[[Page 19]]

    (5) Modification of deadlines by agreement. Nothing in this section 
shall prevent Public Safety Answering Points and carriers from 
establishing, by mutual consent, deadlines different from those imposed 
for carrier and PSAP compliance in paragraphs (d), (f), and (g)(2) of 
this section.
    (k) Dispatch service. A service provider covered by this section who 
offers dispatch service to customers may meet the requirements of this 
section with respect to customers who utilize dispatch service either by 
complying with the requirements set forth in paragraphs (b) through (e) 
of this section, or by routing the customer's emergency calls through a 
dispatcher. If the service provider chooses the latter alternative, it 
must make every reasonable effort to explicitly notify its current and 
potential dispatch customers and their users that they are not able to 
directly reach a PSAP by calling 911 and that, in the event of an 
emergency, the dispatcher should be contacted.
    (l) Non-service-initialized handsets. (1) Licensees subject to this 
section that donate a non-service-initialized handset for purposes of 
providing access to 911 services are required to:
    (i) Program each handset with 911 plus the decimal representation of 
the seven least significant digits of the Electronic Serial Number, 
International Mobile Equipment Identifier, or any other identifier 
unique to that handset;
    (ii) Affix to each handset a label which is designed to withstand 
the length of service expected for a non-service-initialized phone, and 
which notifies the user that the handset can only be used to dial 911, 
that the 911 operator will not be able to call the user back, and that 
the user should convey the exact location of the emergency as soon as 
possible; and
    (iii) Institute a public education program to provide the users of 
such handsets with information regarding the limitations of non-service-
initialized handsets.
    (2) Manufacturers of 911-only handsets that are manufactured on or 
after May 3, 2004, are required to:
    (i) Program each handset with 911 plus the decimal representation of 
the seven least significant digits of the Electronic Serial Number, 
International Mobile Equipment Identifier, or any other identifier 
unique to that handset;
    (ii) Affix to each handset a label which is designed to withstand 
the length of service expected for a non-service-initialized phone, and 
which notifies the user that the handset can only be used to dial 911, 
that the 911 operator will not be able to call the user back, and that 
the user should convey the exact location of the emergency as soon as 
possible; and
    (iii) Institute a public education program to provide the users of 
such handsets with information regarding the limitations of 911-only 
handsets.
    (3) Definitions. The following definitions apply for purposes of 
this paragraph.
    (i) Non-service-initialized handset. A handset for which there is no 
valid service contract with a provider of the services enumerated in 
paragraph (a) of this section.
    (ii) 911-only handset. A non-service-initialized handset that is 
manufactured with the capability of dialing 911 only and that cannot 
receive incoming calls.
    (m) Reseller obligation. (1) Beginning December 31, 2006, resellers 
have an obligation, independent of the underlying licensee, to provide 
access to basic and enhanced 911 service to the extent that the 
underlying licensee of the facilities the reseller uses to provide 
access to the public switched network complies with sections 20.18(d)-
(g).
    (2) Resellers have an independent obligation to ensure that all 
handsets or other devices offered to their customers for voice 
communications and sold after December 31, 2006 are capable of 
transmitting enhanced 911 information to the appropriate PSAP, in 
accordance with the accuracy requirements of section 20.18(i).

[63 FR 2637, Jan. 16, 1998, as amended at 64 FR 60130, Nov. 4, 1999; 64 
FR 72956, Dec. 29, 1999; 65 FR 58661, Oct. 2, 2000; 65 FR 82295, Dec. 
28, 2000; 66 FR 55623, Nov. 2, 2001; 67 FR 1648, Jan. 14, 2002; 67 FR 
36117, May 23, 2002; 68 FR 2918, Jan. 22, 2003; 69 FR 2519, Jan. 16, 
2004; 69 FR 6581, Feb. 11, 2004]

    Effective Date Note: At 68 FR 2918, Jan. 22, 2003, Sec. 20.18, 
paragraph (j) was revised.

[[Page 20]]

Paragraphs (j)(4) and (5) contain information collection and 
recordkeeping requirements and will not become effective until approval 
has been given by the Office of Management and Budget.



Sec. 20.19  Hearing aid-compatible mobile handsets.

    (a) Scope of section. This section is applicable to providers of 
Broadband Personal Communications Services (part 24, subpart E of this 
chapter), Cellular Radio Telephone Service (part 22, subpart H of this 
chapter), and Specialized Mobile Radio Services in the 800 MHz and 900 
MHz bands (included in part 90, subpart S of this chapter) if such 
providers offer real-time, two-way switched voice or data service that 
is interconnected with the public switched network and utilizes an in-
network switching facility that enables the provider to reuse 
frequencies and accomplish seamless hand-offs of subscriber calls. This 
section also applies to the manufacturers of the wireless phones used in 
delivery of these services.
    (b) Technical standard for hearing aid compatibility. A wireless 
phone used for public mobile radio services is hearing aid compatible 
for the purposes of this section if it meets, at a minimum:
    (1) For radio frequency interference: U3 as set forth in the 
standard document ANSI C63.19-2001 ``American National Standard for 
Methods of Measurement of Compatibility between Wireless Communication 
Devices and Hearing Aids, ANSI C63.19-2001'' (published October 8, 
2001--available for purchase from the American National Standards 
Institute); and
    (2) For inductive coupling: U3T rating as set forth in the standard 
document ANSI C63.19-2001 ``American National Standard for Methods of 
Measurement of Compatibility between Wireless Communication Devices and 
Hearing Aids, ANSI C63.19-2001'' (published October 8, 2001--available 
for purchase from the American National Standards Institute).
    (3) Manufacturers must certify compliance with the test requirements 
and indicate the appropriate U-rating for the wireless phone as set 
forth in Sec. 2.1033(d) of this chapter.
    (c) Phase-in for public mobile service handsets concerning radio 
frequency interference. (1) Each manufacturer of handsets used with 
public mobile services for use in the United States or imported for use 
in the United States must:
    (i) Offer to service providers at least two handset models for each 
air interface offered that comply with Sec. 20.19(b)(1) by September 
16, 2005; and
    (ii) Ensure at least 50 percent of their handset offerings for each 
air interface offered comply with Sec. 20.19(b)(1) by February 18, 
2008.
    (2) And each provider of public mobile service must:
    (i) Include in their handset offerings at least two handset models 
per air interface that comply with Sec. 20.19(b)(1) by September 16, 
2005 and make available in each retail store owned or operated by the 
provider all of these handset models for consumers to test in the store; 
and
    (ii) Ensure that at least 50 percent of their handset models for 
each air interface comply with Sec. 20.19(b)(1) by February 18, 2008, 
calculated based on the total number of unique digital wireless handset 
models the carrier offers nationwide.
    (3) Each Tier I carrier must:
    (i) Include in their handset offerings at least two handset models 
or 25 percent of the total number of unique digital wireless handset 
models offered by the carrier nationwide (calculated based on the total 
number of unique digital wireless handset models the carrier offers 
nationwide), whichever is greater, for each air interface that comply 
with Sec. 20.19(b)(1) by September 16, 2005, and make available in each 
retail store owned or operated by the carrier all of these handset 
models for consumers to test in the store; and
    (ii) Ensure that at least 50 percent of their handset models for 
each air interface comply with Sec. 20.19(b)(1) by February 18, 2008, 
calculated based on the total number of unique digital wireless phone 
models the carrier offers nationwide.
    (d) Phase-in for public mobile service handsets concerning inductive 
coupling. (1) Each manufacturer of handsets used with public mobile 
services for use in the United Sates or imported for use in the United 
States must offer to service providers at least two handset models

[[Page 21]]

for each air interface offered that comply with Sec. 20.19(b)(2) by 
September 18, 2006.
    (2) And each provider of public mobile service must include in their 
handset offerings at least two handset models for each air interface 
that comply with Sec. 20.19(b)(2) by September 18, 2006 and make 
available in each retail store owned or operated by the provider all of 
these handset models for consumers to test in the store.
    (e) De minimis exception. (1) Manufacturers or mobile service 
providers that offer two or fewer digital wireless handsets in the U.S. 
are exempt from the requirements of this section. For mobile service 
providers that obtain handsets only from manufacturers that offer two or 
fewer digital wireless phone models in the U.S., the service provider 
would likewise be exempt from the requirements of this section.
    (2) Manufacturers or mobile service providers that offer three 
digital wireless handset models, must make at least one compliant phone 
model in two years. Mobile service providers that obtain handsets only 
from manufacturers that offer three digital wireless phone models in the 
U.S. would be required to offer at least one compliant handset model.
    (f) Labeling requirements. Handsets used with public mobile services 
that are hearing aid compatible, as defined in Sec. 20.19(b) of this 
chapter, shall clearly display the U-rating, as defined in 20.19(b)(1), 
(2) on the packaging material of the handset. An explanation of the ANSI 
C63.19-2001 U-rating system shall also be included in the owner's manual 
or as an insert in the packaging material for the handset.
    (g) Enforcement. Enforcement of this section is hereby delegated to 
those states which adopt this section and provide for enforcement. The 
procedures followed by a state to enforce this section shall provide a 
30-day period after a complaint is filed, during which time state 
personnel shall attempt to resolve a dispute on an informal basis. If a 
state has not adopted or incorporated this section, or failed to act 
within 6 months from the filing of a complaint with the state public 
utility commission, the Commission will accept such complaints. A 
written notification to the complainant that the state believes action 
is unwarranted is not a failure to act. The procedures set forth in part 
68, subpart E of this chapter are to be followed.

[68 FR 54175, Sept. 16, 2003]



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

    (a) Separate affiliate. An incumbent LEC providing in-region 
broadband CMRS shall provide such services through an affiliate that 
satisfies the following requirements:
    (1) The affiliate shall maintain separate books of account from its 
affiliated incumbent LEC. Nothing in this section requires the affiliate 
to maintain separate books of account that comply with part 32 of this 
chapter;
    (2) The affiliate shall not jointly own transmission or switching 
facilities with its affiliated incumbent LEC that the affiliated 
incumbent LEC uses for the provision of local exchange service in the 
same in-region market. Nothing in this section prohibits the affiliate 
from sharing personnel or other resources or assets with its affiliated 
incumbent LEC; and
    (3) The affiliate shall acquire any services from its affiliated 
incumbent LEC for which the affiliated incumbent LEC is required to file 
a tariff at tariffed rates, terms, and conditions. Other transactions 
between the affiliate and the incumbent LEC for services that are not 
acquired pursuant to tariff must be reduced to writing and must be made 
on a compensatory, arm's length basis. All transactions between the 
incumbent LEC and the affiliate are subject to part 32 of this chapter, 
including the affiliate transaction rules. Nothing in this section shall 
prohibit the affiliate from acquiring any unbundled network elements or 
exchange services for the provision of a telecommunications service from 
its affiliated incumbent LEC, subject to the same terms and conditions 
as provided in an agreement approved under section 252 of the 
Communications Act of 1934, as amended.
    (b) Independence. The affiliate required in paragraph (a) of this 
section shall be a separate legal entity from its affiliated incumbent 
LEC. The affiliate

[[Page 22]]

may be staffed by personnel of its affiliated incumbent LEC, housed in 
existing offices of its affiliated incumbent LEC, and use its affiliated 
incumbent LEC's marketing and other services, subject to paragraphs 
(a)(3) and (c) of this section.
    (c) Joint marketing. Joint marketing of local exchange and exchange 
access service and CMRS services by an incumbent LEC shall be subject to 
part 32 of this chapter. In addition, such agreements between the 
affiliate and the incumbent LEC must be reduced to writing and made 
available for public inspection upon request at the principle place of 
business of the affiliate and the incumbent LEC. The documentation must 
include a certification statement identical to the certification 
statement currently required to be included with all Automated Reporting 
and Management Information Systems (ARMIS) reports. The affiliate must 
also provide a detailed written description of the terms and conditions 
of the transaction on the Internet within 10 days of the transaction 
through the affiliate's home page.
    (d) Exceptions. (1) Rural telephone companies. Rural telephone 
companies are exempted from the requirements set forth in paragraphs 
(a), (b) and (c) of this section. A competing telecommunications 
carrier, interconnected with the rural telephone company, however, may 
petition the FCC to remove the exemption, or the FCC may do so on its 
own motion, where the rural telephone company has engaged in 
anticompetitive conduct.
    (2) Incumbent LECs with fewer than 2 percent of subscriber lines. 
Incumbent LECs with fewer than 2 percent of the nation's subscriber 
lines installed in the aggregate nationwide may petition the FCC for 
suspension or modification of the requirements set forth in paragraphs 
(a), (b) and (c) of this section. The FCC will grant such a petition 
where the incumbent LEC demonstrates that suspension or modification of 
the separate affiliate requirement is
    (i) Necessary to avoid a significant adverse economic impact on 
users of telecommunications services generally or to avoid a requirement 
that would be unduly economically burdensome, and
    (ii) Consistent with the public interest, convenience, and 
necessity.
    (e) Definitions. Terms used in this section have the following 
meanings:
    Affiliate. ``Affiliate'' means a person that (directly or 
indirectly) owns or controls, is owned or controlled by, or is under 
common ownership with, another person. For purposes of this section, the 
term ``own'' means to own an equity interest (or the equivalent thereof) 
of more than 10 percent.
    Broadband Commercial Mobile Radio Service (Broadband CMRS). For the 
purposes of this section, ``broadband CMRS'' means Cellular 
Radiotelephone Service (part 22, subpart H of this chapter), Specialized 
Mobile Radio (part 90, subpart S of this chapter), and broadband 
Personal Communications Services (part 24, subpart E of this chapter).
    Incumbent Local Exchange Carrier (Incumbent LEC). ``Incumbent LEC'' 
has the same meaning as that term is defined in Sec. 51.5 of this 
chapter.
    In-region. For the purposes of this section, an incumbent LEC's 
broadband CMRS service is considered ``in-region'' when 10 percent or 
more of the population covered by the CMRS affiliate's authorized 
service area, as determined by the 1990 census figures, is within the 
affiliated incumbent LEC's wireline service area.
    Rural Telephone Company. ``Rural Telephone Company'' has the same 
meaning as that term is defined in Sec. 51.5 of this chapter.
    (f) Sunset. This section will no longer be effective after January 
1, 2002.

[62 FR 63871, Dec. 3, 1997, as amended at 66 FR 10968, Feb. 21, 2001]



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




                            Subpart A_General

Sec.
21.1 Scope and authority.
21.2 Definitions.

                   Subpart B_Applications and Licenses

                       General Filing Requirements

21.3 Station authorization required.
21.4 Eligibility for station license.

[[Page 23]]

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

                       Processing of Applications

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

      License Transfers, Modifications, Conditions and Forfeitures

21.38 Assignment or transfer of station authorization.
21.39 Considerations involving transfer or assignment applications.
21.40 Modification of station license.
21.41 Special processing of applications for minor facility 
          modifications.
21.42 Certain modifications not requiring prior authorization.
21.43 Period of construction; certification of completion of 
          construction.
21.44 Forfeiture and termination of station authorization.
21.45 License period.
21.50 [Reserved]

                      Subpart C_Technical Standards

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

                      Subpart D_Technical Operation

21.200 Station inspection.
21.201 Posting of station license.
21.202-21.208 [Reserved]
21.209 Communications concerning safety of life and property.
21.210 Operation during emergency.
21.211 Suspension of transmission.

                         Subpart E_Miscellaneous

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

                 Subpart F_Developmental Authorizations

21.400 Eligibility.
21.401 Scope of service.
21.402 Adherence to program of research and development.
21.403 Special procedure for the development of a new service or for the 
          use of frequencies not in accordance with the provisions of 
          the rules in this part.
21.404 Terms of grant; general limitations.
21.405 Supplementary showing required.
21.406 Developmental report required.

Subparts G-J [Reserved]

                Subpart K_Multipoint Distribution Service

21.900 Eligibility.
21.901 Frequencies.
21.902 Interference.
21.903 Purpose and permissible service.
21.904 EIRP limitations.
21.905 Emissions and bandwidth.

[[Page 24]]

21.906 Antennas.
21.907 [Reserved]
21.908 Transmitting equipment.
21.909 MDS response stations.
21.910 Special procedures for discontinuance, reduction or impairment of 
          service by common carrier licensees.
21.911 Annual reports.
21.912 Cable television company eligibility requirements and MDS/cable 
          cross-ownership.
21.913 Signal booster stations.
21.914 Mutually-exclusive MDS applications.
21.915 One-to-a-market requirement.
21.920 Applicability of cable television EEO requirements to MDS and 
          MMDS facilities.
21.921 Basis and purpose for electronic filing and competitive bidding 
          process.
21.922 Authorized frequencies.
21.923 Eligibility.
21.924 Service areas.
21.925 Applications for BTA authorizations and MDS station licenses.
21.926 Amendments to long-form applications.
21.927 Sole bidding applicants.
21.928 Acceptability of short- and long-form applications.
21.929 Authorization period for station licenses.
21.930 Five-year build-out requirements.
21.931 Partitioned service areas (PSAs).
21.932 Forfeiture of incumbent MDS station licenses.
21.933 Protected service areas.
21.934 Assignment or transfer of control of BTA authorizations.
21.935 Assignment or transfer of control of station licenses within a 
          BTA.
21.936 Cancellation of authorization.
21.937 Negotiated interference protection.
21.938 BTA and PSA technical and interference provisions.
21.939 Harmful interference abatement.
21.940 Non-subscription MDS service.
21.941-21.948 [Reserved]
21.949 Individually licensed 125 kHz channel MDS response stations.
21.950 MDS subject to competitive bidding.
21.951-21.953 [Reserved]
21.954 Submission of up front payments.
21.955 [Reserved]
21.956 Filing of long-form applications or statements of intention.
21.957 Comments on statements of intention.
21.958 Issuance of BTA licenses.
21.959 [Reserved]
21.960 Designated entity provisions for MDS.
21.961 [Reserved]

    Authority: Secs. 1, 2, 4, 201-205, 208, 215, 218, 303, 307, 313, 
403, 404, 410, 602, 48 Stat. as amended, 1064, 1066, 1070-1073, 1076, 
1077, 1080, 1082, 1083, 1087, 1094, 1098, 1102; 47 U.S.C. 151, 154, 201-
205, 208, 215, 218, 303, 307, 313, 314, 403, 404, 602; 47 U.S.C. 552, 
554.

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



                            Subpart A_General



Sec. 21.1  Scope and authority.

    (a) The purpose of the rules and regulations in this part is to 
prescribe the manner in which portions of the radio spectrum may be made 
available for domestic communication common carrier and multipoint 
distribution service non-common carrier operations which require 
transmitting facilities on land or in specified offshore coastal areas 
within the continental shelf.
    (b) The rules in this part are issued pursuant to the authority 
contained in Titles I through III of the Communications Act of 1934, as 
amended, which vest authority in the Federal Communications Commission 
to regulate common carriers of interstate and foreign communications, to 
regulate radio transmissions and issue licenses for radio stations, and 
to regulate all interstate and foreign communications by wire and radio 
necessary to the accomplishment of the purposes of the Act.
    (c) Unless otherwise specified, the section numbers referenced in 
this part are contained in chapter I, title 47 of the Code of Federal 
Regulations.

[52 FR 37776, Oct. 9, 1987]



Sec. 21.2  Definitions.

    As used in this part:
    Antenna power gain. The square of the ratio of the root-mean-square 
free space field intensity produced at one mile in the horizontal plane, 
in millivolts per meter for one kilowatt antenna input power to 137.6 
mV/m. This ratio should be expressed in decibels (dB). (If specified for 
a particular direction, antenna power gain is based on the field 
strength in that direction only.)
    Antenna power input. The radio frequency peak or RMS power, as the 
case may be, supplied to the antenna from the antenna transmission line 
and its associated impedance matching network.

[[Page 25]]

    Antenna structures. The antenna, its supporting structure and 
anything attached to it.
    Assigned frequency. The centre of the frequency band assigned to a 
station.
    Authorized bandwidth. The maximum width of the band of frequencies 
permitted to be used by a station. This is normally considered to be the 
necessary or occupied bandwidth, whichever is greater.
    Authorized frequency. The frequency, or frequency range, assigned to 
a station by the Commission and specified in the instrument of 
authorization.
    Authorized power. The maximum power a station is permitted to use. 
This power is specified by the Commission in the station's 
authorization.
    Bandwidth occupied by an emission. The band of frequencies 
comprising 99 percent of the total radiated power extended to include 
any discrete frequency on which the power is at least 0.25 percent of 
the total radiated power.
    Basic Trading Area (BTA). The geographic areas by which the 
Multipoint Distribution Service is licensed. BTA boundaries are based on 
the Rand McNally 1992 Commercial Atlas and Marketing Guide, 123rd 
Edition, pp. 36-39, and include six additional BTA-like areas as 
specified in Sec. 21.924(b).
    Bit rate. The rate of transmission of information in binary (two 
state) form in bits per unit time.
    Booster service area. A geographic area to be designated by an 
applicant for a booster station, within which the booster station shall 
be entitled to protection against interference as set forth in this 
part. The booster service area must be specified by the applicant so as 
to not overlap the booster service area of any other booster authorized 
to or proposed by the applicant. However, a booster station may provide 
service to receive sites outside of its booster service area, at the 
licensee's risk of interference.
    BTA authorization holder. The individual or entity authorized by the 
Commission to provide Multipoint Distribution Service to the population 
of a BTA.
    BTA service area. The area within the boundaries of a BTA to which a 
BTA authorization holder may provide Multipoint Distribution Service. 
This area excludes the protected service areas of incumbent MDS stations 
and previously proposed and authorized ITFS facilities, including 
registered receive sites.
    Carrier. In a frequency stabilized system, the sinusoidal component 
of a modulated wave whose frequency is independent of the modulating 
wave; or the output of a transmitter when the modulating wave is made 
zero; or a wave generated at a point in the transmitting system and 
subsequently modulated by the signal; or a wave generated locally at the 
receiving terminal which when combined with the side bands in a suitable 
detector, produces the modulating wave.
    Carrier frequency. The output of a transmitter when the modulating 
wave is made zero.
    Channel. Unless otherwise specified, a channel under this part shall 
refer to a 6 MHz frequency block assigned pursuant to Sec. Sec. 
21.901(b) or 74.902(a) of this chapter.
    Communication common carrier. Any person engaged in rendering 
communication service for hire to the public.
    Control point. A control point is an operating position at which an 
operator responsible for the operation of the transmitter is stationed 
and which is under the control and supervision of the licensee.
    Control station. A fixed station whose transmissions are used to 
control automatically the emissions or operations of another radio 
station at a specified location, or to transmit automatically to an 
alarm center telemetering information relative to the operation of such 
station.
    Coordination distance. For the purpose of this part, the expression 
``coordination distance'' means the distance from an earth station, 
within which there is a possibility of the use of a given transmitting 
frequency at this earth station causing harmful interference to stations 
in the fixed or mobile service, sharing the same band, or of the use of 
a given frequency for reception at this earth station receiving harmful 
interference from such stations in the fixed or mobile service.
    Digital modulation. The process by which some characteristic 
(frequency,

[[Page 26]]

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.
    Documented complaint. A complaint that a party is suffering from 
non-consensual interference. A documented complaint must contain a 
certification that the complainant has contacted the operator of the 
allegedly offending facility and tried to resolve the situation prior to 
filing. The complaint must then specify the nature of the interference, 
whether the interference is constant or intermittent, when the 
interference began and the site(s) most likely to be causing the 
interference. The complaint should be accompanied by a videotape or 
other evidence showing the effects of the interference. The complaint 
must contain a motion for a temporary order to have the interfering 
station cease transmitting. The complaint must be filed with the 
Secretary's office and served on the allegedly offending party.
    Domestic fixed public service. A fixed service, the stations of 
which are open to public correspondence, for radiocommunications 
originating and terminating solely at points all of which lie within:
    (a) The State of Alaska;
    (b) The State of Hawaii;
    (c) The contiguous 48 States and the District of Columbia; or
    (d) A single possession of the United States. Generally, in cases 
where service is afforded on frequencies above 72 MHz, radio-
communications between the contiguous 48 States (including the District 
of Columbia) and Canada or Mexico, or radiocommunications between the 
State of Alaska and Canada, are deemed to be in the domestic fixed 
public service.
    Domestic public radio services. The land mobile and domestic fixed 
public services the stations which are open to public correspondence.

    Note: Part 80 of this chapter is applicable to the maritime services 
and fixed stations associated with the maritime services; part 87 of 
this chapter is applicable to aeronautical services.

    Earth station. A station located either on the earth's surface or 
within the major portion of the earth's atmosphere and intended for 
communications:
    (a) With one or more space stations; or
    (b) With one or more stations of the same kind by means of one or 
more reflecting satellites or other objects in space.
    Effective radiated power (ERP). The product of the power supplied to 
the antenna and its gain relative to a half-wave dipole in a given 
direction.
    Equivalent Isotropically Radiated Power (EIRP). The product of the 
power supplied to the antenna and the antenna gain in a given direction 
relative to an isotropic antenna. This product may be expressed in watts 
or dB above 1 watt (dBW).
    Facsimile. A form of telegraphy for the transmission of fixed 
images, with or without half-tones, with a view to their reproduction in 
a permanent form.
    Fixed earth station. An earth station intended to be used at a 
specified fixed point.
    Fixed station. A station in the fixed service.
    Frequency tolerance. The maximum permissible departure by the centre 
frequency of the frequency band occupied by an emission from the 
assigned frequency or, by the characteristic frequency of an emission 
from the reference frequency. The frequency tolerance is expressed as a 
percentage or in Hertz.
    Harmful interference. Interference which endangers the functioning 
of a radionavigation service or of other safety services or seriously 
degrades, obstructs, or repeatedly interrupts a radiocommunication 
service.
    Incumbent. An MDS station that was authorized or proposed before 
September 15, 1995, including those stations that are subsequently 
modified, renewed or reinstated.
    Landing area. A landing area means any locality, either of land or 
water, including airports and intermediate landing fields, which is 
used, or approved for use for the landing and take-off of aircraft, 
whether or not facilities are provided for the shelter, servicing, or 
repair of aircraft, or for receiving or discharging passengers or cargo.

[[Page 27]]

    Microwave frequencies. As used in this part, this term refers to 
frequencies of 890 MHz and above.
    Multichannel Multipoint Distribution Service (MMDS). Those 
Multipoint Distribution Service Channels that use the frequency band 
2596 MHz to 2644 MHz and associated 125 kHz channels.
    Multipoint Distribution Service (MDS). A domestic public radio 
service rendered on microwave frequencies from one or more fixed 
stations transmitting to multiple receiving facilities located at fixed 
points. MDS also may encompass transmissions from response stations to 
response station hubs or associated fixed stations.
    Multipoint Distribution Service response station. A fixed station 
operated by an MDS licensee, the lessee of MDS channel capacity or a 
subscriber of either to communicate with a response station hub or 
associated MDS station. A response station under this part may share 
facilities with other MDS response stations and/or one or more 
Instructional Television Fixed Service (ITFS) response stations 
authorized pursuant to Sec. 74.939 of this chapter or Sec. 74.940 of 
this chapter.
    Necessary bandwidth of emission. For a given class of emission, the 
width of the frequency band that is just sufficient to ensure the 
transmission of information at the rate and with the quality required 
under specified conditions.

    Note: The necessary bandwidth for an emission may be calculated 
using the formulas in Sec. 2.202 of this chapter.

    Partitioned service area authorization holder. The individual or 
entity authorized by the Commission to provide Multipoint Distribution 
Service to the population of a partitioned service area.
    Partitioned service area (PSA). The area within the coterminous 
boundaries of one of more counties or other geopolitical subdivisions, 
drawn from a BTA, to which an authorization holder may provide 
Multipoint Distribution Service or the area remaining in a BTA upon 
partitioning any portion of that BTA. This area excludes the protected 
service areas of incumbent MDS stations and previously proposed and 
authorized ITFS stations, including registered receive sites.
    Private line service. A service whereby facilities for communication 
between two or more designated points are set aside for the exclusive 
use or availability for use of a particular customer and authorized 
users during stated periods of time.
    Public correspondence. Any telecommunication which the offices and 
stations, by reason of their being at the disposal of the public, must 
accept for transmission.
    Radio station. A separate transmitter or a group of transmitters 
under simultaneous common control, including the accessory equipment 
required for carrying on a radiocommunication service.
    Radiocommunication. Telecommunication by means of radio waves.
    Rated power output. The term ``rated power output'' of a transmitter 
means the normal radio frequency power output capability (Peak or 
Average Power) of a transmitter, under optimum conditions of adjustment 
and operation, specified by its manufacturer.
    Record communication. Any transmission of intelligence which is 
reduced to visual record form at the point of reception.
    Reference frequency. A frequency having a fixed and specified 
position with respect to the assigned frequency. The displacement of 
this frequency with respect to the assigned frequency has the same 
absolute value and sign that the displacement of the characteristic 
frequency has with respect to the center of the frequency band occupied 
by the emission.
    Relay station. A fixed station used for the reception and 
retransmission of the signals of another station or stations.
    Repeater station. A fixed station established for the automatic 
retransmission of radiocommunications received from one or more stations 
and directed to a specified receiver site.
    Response station hub. A fixed facility licensed to an MDS licensee, 
and operated by an MDS licensee or the lessee of an MDS facility, for 
the reception of information transmitted by one or more MDS response 
stations that utilize digital modulation. A response station hub 
licensed under this part may

[[Page 28]]

share facilities with other MDS response station hubs, ITFS response 
station hubs authorized pursuant to Sec. 74.939 of this chapter, MDS 
signal booster stations, ITFS signal booster stations, MDS stations, 
and/or ITFS stations.
    Response station hub license. A blanket license authorizing the 
operation of a single response station hub at a specific location and 
the operation of a specified number of associated digital response 
stations of one or more classes at unspecified locations within one or 
more regions of the response service area.
    Sectorization. The use of an antenna system at an MDS station, 
booster station and/or response station hub that is capable of 
simultaneously transmitting multiple signals over the same frequencies 
to different portions of the service area and/or simultaneously 
receiving multiple signals over the same frequencies from different 
portions of the service area.
    Signal Booster Station. An MDS station licensed for use in 
accordance with Sec. 21.913 that operates on one or more MDS channels. 
Signal booster stations are intended to augment service as part of a 
distributed transmission system where signal booster stations retransmit 
the signals of one or more MDS stations and/or originate transmissions 
on MDS channels. A signal booster station licensed under this part may 
share facilities with other MDS signal booster stations, ITFS signal 
booster stations authorized pursuant to Sec. 74.985 of this chapter, 
MDS response station hubs and/or ITFS response station hubs.
    Standby transmitter. A transmitter installed and maintained for use 
in lieu of the main transmitter only during periods when the main 
transmitter is out of service for maintenance or repair.
    Symbol rate. Modulation rate in bauds. This rate may be higher than 
the transmitted bit rate as in the case of coded pulses or lower as in 
the case of multilevel transmission.
    Television. A form of telecommunication for transmission of 
transient images of fixed or moving objects.
    Television STL station (studio transmitter link). A fixed station 
used for the transmission of television program material and related 
communications from a studio to the transmitter of a television 
broadcast station.

[61 FR 26671, May 28, 1996, as amended at 63 FR 65100, Nov. 25, 1998; 64 
FR 63730, Nov. 22, 1999]



                   Subpart B_Applications and Licenses

                       General Filing Requirements



Sec. 21.3  Station authorization required.

    (a) No person shall use or operate apparatus for the transmission of 
energy or communications or signals by radio except under, and in 
accordance with, an appropriate authorization granted by the Federal 
Communications Commission. Except as otherwise provided herein, no 
construction or modification of a station may be commenced without an 
authorization from the Commission. Authorizations for domestic public 
fixed radio services are governed by the provisions of this part.
    (b) If construction and or operation may have a significant 
environmental impact as defined by Sec. 1.1307 of the Commission's 
rules, the requisite environmental assessment as prescribed in Sec. 
1.1311 of this chapter must be filed with the application and Commission 
environmental review must be completed before construction of the 
station is initiated. See Sec. 1.1312 of this chapter.

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



Sec. 21.4  Eligibility for station license.

    A station license may not be granted to or held by:
    (a) Any alien or the representative of any alien.
    (b) Any foreign government or the representative thereof.
    (c) Any corporation organized under the laws of any foreign 
government.
    (d) Any corporation of which more than one-fifth of the capital 
stock is owned of record or voted by: aliens or their representatives; a 
foreign government or representatives thereof; or any corporation 
organized under the laws of a foreign country.

[[Page 29]]

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

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



Sec. 21.5  Formal and informal applications.

    (a) Except for an authorization under any of the proviso clauses of 
section 308(a) of the Communications Act of 1934 (47 U.S.C. 308(a)), the 
Commission shall grant the following authorizations only upon written 
application: Station licenses; modifications of station licenses; 
renewals of station licenses; extensions of time to construct; transfers 
and assignments of station licenses or of any rights thereunder.
    (b) Except as may be otherwise permitted by this part, a separate 
written application shall be filed for each instrument of authorization 
requested. Applications may be:
    (1) ``Formal applications'' where the Commission has prescribed in 
this part a standard form; or
    (2) ``Informal applications'' (normally in letter form) where the 
Commission has not prescribed a standard form.
    (c) An informal application will be accepted for filing only if:
    (1) A standard form is not prescribed or clearly applicable to the 
authorization requested;
    (2) It is a document submitted, in duplicate, with a caption which 
indicates clearly the nature of the request, radio service involved, 
location of the station, and the application file number (if known); and
    (3) It contains all the technical details and informational showings 
required by the rules and states clearly and completely the facts 
involved and authorization desired.

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



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

    (a) As prescribed by Sec. Sec. 21.7 and 21.11 of this part, 
standard formal application forms applicable to the radio services 
included in this part may be obtained from either:
    (1) Federal Communications Commission, Washington, DC 20554; or
    (2) Any of the Commission's field operations offices, the addresses 
of which are listed in Sec. 0.121.
    (b) Applications requiring fees as set forth in part 1, subpart G of 
this chapter must be filed in accordance with Sec. 0.401(b) of this 
chapter. Applications not requiring fees shall be submitted to: Federal 
Communications Commission, Washington, DC 20554.
    (c) All correspondence or amendments concerning a submitted 
application shall clearly identify the radio service, the name of the 
applicant, station location, and the Commission file number (if known) 
or station call sign of the application involved. All correspondence or 
amendments concerning a submitted application may be sent directly to 
the Wireless Telecommunications Bureau.
    (d) Except as otherwise specified, all applications, amendments, and 
correspondence shall be submitted in duplicate, including exhibits and 
attachments thereto, and shall be signed as prescribed by Sec. 1.743.
    (e) Each application shall be accompanied by the appropriate fee 
prescribed by, and submitted in accordance with, subpart G of part 1 of 
this chapter.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 10230, Mar. 31, 1987; 
52 FR 37777, Oct. 9, 1987; 58 FR 19774, Apr. 16, 1993; 61 FR 26673, May 
28, 1996; 67 FR 13230, Mar. 21, 2002]



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

    Except for the Multipoint Distribution Service, FCC Form 494 ( 
``Application for a New and Modified Microwave Radio Station License 
Under Part 21'' ) shall be submitted and a license granted for each 
station prior to commencement of any proposed station construction. FCC 
Form 494 also shall be submitted to amend any license application, to 
modify any license pursuant to

[[Page 30]]

Sec. Sec. 21.40(a) and 21.41, to notify the Commission of modifications 
made pursuant to Sec. 21.42, and to delete licensed facilities. FCC 
Form 494A shall be submitted to certify completion of construction.

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



Sec. Sec. 21.8-21.10  [Reserved]



Sec. 21.11  Miscellaneous forms.

    (a) Licensee qualifications. FCC Form 430 (``Licensee Qualification 
Report'') must be filed annually, no later than March 31 for the end of 
the preceding calendar year, unless the licensee operates solely on a 
common carrier basis and service was not offered at any time during the 
preceding year. Each annual filing must include all changes of 
information required by FCC Form 430 that occurred during the preceding 
year. In those cases in which there has been no change in any of the 
required information, the applicant or licensee, in lieu of submitting a 
new form, may so notify the Commission by letter.
    (b) Additional time to construct--FCC Form 701 (``Application for 
Additional Time to Construct Radio Station'') shall be filed in 
duplicate by a licensee prior to the expiration of the time for 
construction noted in a license if a licensee seeks to modify the 
license by extending the period of construction.
    (c) Renewal of station license. Except for renewal of special 
temporary authorizations, FCC Form 405 (``Application for Renewal of 
Station License'') must be filed in duplicate by the licensee between 
thirty (30) and sixty (60) days prior to the expiration date of the 
license sought to be renewed. Whenever a group of station licenses in 
the same radio service are to be renewed simultaneously, a single 
``blanket'' application may be filed to cover the entire group, if the 
application identifies each station by call sign and station location 
and if two copies are provided for each station affected. Applicants 
should note also any special renewal requirements under the rules for 
each radio service.
    (d) Assignment of license. FCC Form 305 (``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 license or conditional license. In the case of 
involuntary assignment, the application must be filed within 30 days of 
the event causing the assignment. FCC Form 305 also must be used for 
nonsubstantial (pro forma) assignments. In addition, FCC Form 430 must 
be submitted by the proposed assignee unless such assignee has a current 
and substantially accurate report on file with the Commission. Whenever 
a group of station licenses or conditional licenses in the same radio 
service is to be assigned to a single assignee, a single ``blanket'' 
application may be filed to cover the entire group, if the application 
identifies each station by call sign and station location and if two 
copies are provided for each station affected. The assignment must be 
completed within 45 days from the date of authorization. Upon 
consummation of an approved assignment, the Commission must be notified 
by letter of the date of consummation within 10 days of its occurrence.
    (e) Partial assignment of license. In the microwave services, 
authorization for assignment from one company to another of only a part 
or portions of the facilities (transmitters) authorized under an 
existing license (as distinguished from an assignment of the facilities 
in their entirety) may be granted upon application:
    (1) By the assignee on FCC Form 494 and
    (2) By the assignor on FCC Form 494 for deletion of the assigned 
facilities, indicating concurrence in the assignee's request.

The assignment shall be consummated within 45 days from the date of 
authorization. In the event that consummation does not occur, FCC Form 
494 shall be submitted to return the assignor's license to its original 
condition.

    Editorial Note: At 63 FR 65100, Nov. 25, 1999, paragraphs (f) and 
(g) were redesignated as paragraphs (e) and (f) and newly designated 
paragraph (e) was revised. However,

[[Page 31]]

paragraph (e) already exists. The text of the newly redesignated 
paragraph (e) follows.

    (e) Transfer of control of corporation holding a conditional license 
or license. FCC Form 306 (``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. In the case of involuntary transfer of 
control, the application must be filed within 30 days of the event 
causing the transfer of control. FCC Form 306 also must be used for 
nonsubstantial (pro forma) transfers of control. In addition, FCC Form 
430 must be submitted by the proposed transferee unless such transferee 
has a current and substantially accurate report on file with the 
Commission. Whenever control of a corporation holding a group of station 
licenses or conditional licenses in the same radio service is to be 
transferred to a single transferee, a single ``blanket'' application may 
be filed to cover the entire transfer, if the application identifies 
each station by call sign and station location and if two copies are 
provided for each station affected. The transfer must be completed 
within 45 days from the date of authorization. Upon consummation of an 
approved transfer, the Commission must be notified by letter of the date 
of consummation within 10 days of its occurrence.
    (f) Antenna Structure Registration. FCC Form 854 (Application for 
Antenna Structure Registration) accompanied by a final Federal Aviation 
Administration (FAA) determination of ``no hazard'' must be filed by the 
antenna structure owner to receive an antenna structure registration 
number. Criteria used to determine whether FAA notification and 
registration is required for a particular antenna structure are 
contained in Part 17 of this chapter.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 27554, July 22, 1987; 
52 FR 37777, Oct. 9, 1987; 56 FR 57815, Nov. 14, 1991; 61 FR 4364, Feb. 
6, 1996; 63 FR 65100, Nov. 25, 1998; 64 FR 63730, Nov. 22, 1999]



Sec. 21.12  [Reserved]



Sec. 21.13  General application requirements.

    (a) Each application for a license or for consent to assignment or 
transfer of control shall:
    (1) Disclose fully the real party (or parties) in interest, 
including (as required) a complete disclosure of the identify and 
relationship of those persons or entities directly or indirectly owning 
or controlling (or both) the applicant;
    (2) Demonstrate the applicant's legal, financial, technical, and 
other qualifications to be a permittee or licensee;
    (3) Submit the information required by the Commission's Rules, 
requests, and application forms;
    (4) Except for applications in the Multipoint Distribution Service 
filed on or after September 15, 1995, state specifically the reasons why 
a grant of the proposal would serve the public interest, convenience, 
and necessity.
    (5) Be maintained by the applicant substantially accurate and 
complete in all significant respects in accordance with the provisions 
of Sec. 1.65 of this chapter; and
    (6) Show compliance with the special requirements applicable to each 
radio service and make all special showings that may be applicable 
(e.g., those required by secs. 21.900, 21.912 and 21.913).
    (b) Applications filed in the Multipoint Distribution Service shall 
not cross-reference previously filed material.
    (c) In addition to the general application requirements of 
Sec. Sec. 21.13 through 21.17 of this part, applicants shall submit any 
additional documents, exhibits, or signed written statements of fact:
    (1) As may be required by the other parts of the Commission's Rules, 
and the other subparts of Part 21 (particularly Subpart C and those 
subparts applicable to the specific radio service involved); and
    (2) As the Commission, at any time after the filing of an 
application and during the term of any authorization, may require from 
any applicant, permittee, or licensee to enable it to determine whether 
a radio authorization should be granted, denied, or revoked.

[[Page 32]]

    (d) Except when the Commission has declared explicitly to the 
contrary, an informational requirement does not in itself imply the 
processing treatment of decisional weight to be accorded the response.
    (e) All applicants are required to indicate at the time their 
application is filed whether an authorization of the facilities is 
categorically excluded as defined by Sec. 1.1306 of the Commission's 
rules. If answered affirmatively, an Environmental Assessment as 
described by Sec. 1.1311, need not be filed with the application.
    (f) Whenever an individual applicant, or a partner (in the case of a 
partnership) or a full time manager (in the case of a corporation) will 
not actively participate in the day-to-day management and operation of 
proposed facilities, the applicant or licensee will submit a statement 
containing the reasons therefor and disclosing the details of the 
proposed operation, including a demonstration of how control over the 
radio facilities will be retained by the applicant. If the operation of 
a radio station is to be accomplished by contractual arrangement with an 
entity unrelated to an applicant or licensee, the applicant or licensee 
shall file a copy of the agreement or contract which shall demonstrate 
that:
    (1) The operation is accomplished according to general instructions 
provided for by the applicant;
    (2) The applicant retains effective control over the radio 
facilities and their operations; and
    (3) The applicant assumes full responsibility for both the quality 
of service and for contractor compliance with the Commission's Rules.

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



Sec. 21.14  [Reserved]



Sec. 21.15  Technical content of applications.

    Applications shall contain all technical information required by the 
application form and any additional information necessary to fully 
describe the proposed facilities and to demonstrate compliance with all 
technical requirements of the rules governing the radio service involved 
(see subparts C, F and K as appropriate). The following paragraphs 
describe a number of technical requirements.
    (a)(1) Except in the case of applicants for Multipoint Distribution 
Service, applicants proposing a new station location (including receive-
only stations and passive repeaters) must indicate whether the station 
site is owned. If it is not owned, its availability for the proposed 
radio station site must be demonstrated. Under ordinary circumstances, 
this requirement will be considered satisfied if the site is under lease 
or under written option to buy or lease.
    (2) Where any lease or agreement to use land limits or conditions in 
any way the applicant's access or use of the site to provide public 
service, a copy of the lease or agreement (which clearly indicates the 
limitations or conditions) must be filed with the application, except in 
the case of applicants for stations in the Multipoint Distribution 
Service. Multipoint Distribution Service applicants must instead certify 
compliance with the limitations and conditions contained in the lease or 
option agreement.
    (3) Except for BTA and PSA authorization holders, Multipoint 
Distribution Service applicants proposing a new station location must 
certify the proposed station site will be available to the applicant for 
timely construction of the facilities during the initial construction 
period.
    (4) An applicant's failure to include a certification required under 
this Section will result in dismissal of the application. The submission 
of a false certification will subject the applicant to all remedies 
available to the Commission, including the dismissal with prejudice of 
all applications filed by the offending applicant and the revocation of 
authorizations of the offending applicant. Also, if evidence of intent 
exists, the case will be referred to the Department of Justice for 
criminal prosecution under 18 U.S.C. 1001. In addition, the submission 
of an intentionally falsified certification will be

[[Page 33]]

treated as a reflection on an applicant's basic qualifications to become 
or to remain a licensee.
    (b) [Reserved]
    (c) Each application involving a new or modified transmitting 
antenna supporting structure, passive facility, or the addition or 
removal of a transmitting antenna, or the repositioning of an authorized 
antenna for a station must be accompanied by a vertical profile sketch 
of the total structure depicting its structural nature and clearly 
indicating the ground elevation (above sea level) at the structure site, 
the overall height of the structure above ground (including obstruction 
lights when required, lightning rods, etc.) and, if mounted on a 
building, its overall height above the building. The proposed antenna on 
the structure must be clearly identified and its height above-ground 
(measured to the center of radiation) clearly indicated. Alternatively, 
applicants in the Multipoint Distribution Service who filed applications 
on or after September 15, 1995, may provide this information in the MDS 
long-form application.
    (d) Each application proposing a new or modified antenna structure 
for a station (including a passive repeater or signal booster station) 
so as to change its overall height shall indicate whether any necessary 
notification of the FAA has been made. Complete information as to rules 
concerning the construction, marking and lighting of antenna structures 
is contained in part 17 of this chapter. See also Sec. 21.111 if the 
structure is used by more than one station.
    (e) Antenna Structure Registration Number. Applications proposing 
construction of a new antenna structure or alteration of the overall 
height of an existing antenna structure, where FAA notification prior to 
such construction or alteration is required by part 17 of this chapter, 
must include the FCC Antenna Structure Registration Number for the 
affected structure. If no such number has been assigned at the time the 
application is filed, the applicant must state in the application 
whether or not the antenna structure owner has notified the FAA of the 
proposed construction or alteration and applied to the FCC for an 
Antenna Structure Registration Number in accordance with Part 17 of this 
chapter of this structure for the antenna structure in question.
    (f) Except for applicants in the Multipoint Distribution Service who 
filed applications on or after September 15, 1995, an applicant 
proposing construction of one or more new stations or modification of 
existing stations where substantial changes in the operation or 
maintenance procedures are involved must submit a showing of the general 
maintenance procedures involved to insure the rendition of good public 
communications service. The showing should include but need not be 
limited to the following.
    (1) Location and telephone number (if known) of the maintenance 
center for a point to point microwave system. In lieu of providing the 
location and telephone number of the maintenance on a case by case 
basis, a licensee may file a complete list for all operational stations 
with the Commission and the Engineer-In-Charge of the appropriate radio 
district on an annual basis or at more frequent intervals as necessary 
to keep the information current.
    (2) The manner in which technical personnel are made aware of 
malfunction at any of the stations and the appropriate time required for 
them to reach any of the stations in the event of an emergency. If fault 
alarms are to be used, the items to be alarmed shall be specified as 
well as the location of the alarm center.
    (g) Applications in the Multipoint Distribution Service filed before 
September 15, 1995, proposing a new or replacement antenna (excluding 
omni-directional antennas) shall include an antenna radiation pattern 
showing the antenna power gain distribution in the horizontal plane 
expressed in decibels, unless such pattern is known to be on file with 
the Commission in which case the applicant may reference in its 
application the FCC-ID number that indicates that the pattern is on file 
with the Commission. Multipoint Distribution Service applicants who 
filed applications on or after September 15, 1995 must provide related 
information in completing an MDS long-form application.
    (h) Except for applications in the Multipoint Distribution Service 
filed

[[Page 34]]

on or after September 15, 1995, each application in the Point-to-Point 
Radio, Local Television Transmission and Digital Electronic Message 
Service (excluding user stations) proposing a new or replacement antenna 
(excluding omni-directional antennas) shall include an antenna radiation 
pattern showing the antenna power gain distribution in the horizontal 
plane expressed in decibels, unless such pattern is known to be on file 
with the Commission in which case the applicant may reference in its 
application the FCC-ID number that indicates that the pattern is on file 
with the Commission. Multipoint Distribution Service applicants who 
filed applications on or after September 15, 1995 must provide related 
information in completing an MDS long-form application.

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



Sec. 21.16  [Reserved]



Sec. 21.17  Certification of financial qualifications.

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

[52 FR 37778, Oct. 9, 1987]



Sec. 21.18  [Reserved]



Sec. 21.19  Waiver of rules.

    Waivers of these rules may be granted upon application or on the 
Commission's own motion. A request for waiver shall contain a statement 
of reasons sufficient to justify a waiver. A waiver will not be granted 
except upon an affirmative showing that:
    (a) The underlying purpose of the rule will not be served, or would 
be frustrated, by its application in the particular case, and that grant 
of the waiver is otherwise in the public interest; or
    (b) The unique facts and circumstances of a particular case render 
application of the rule inequitable, unduly burdensome or otherwise 
contrary to the public interest. Applicants must also show the lack of a 
reasonable alternative.

[52 FR 37778, Oct. 9, 1987]



Sec. 21.20  Defective applications.

    (a) Unless the Commission shall otherwise permit, an application 
will be unacceptable for filing and will be returned to the applicant 
with a brief statement as to the omissions or discrepancies if:
    (1) The application is defective with respect to completeness of 
answers to questions, informational showings, execution, or other 
matters of a formal character; or
    (2) The application does not substantially comply with the 
Commission's rules, regulations, specific requests for additional 
information, or other requirements.
    (b) By way of illustration only, and not in any way limiting the 
scope of paragraph (a), the following are examples of common 
deficiencies which result in defective applications under paragraph (a):
    (1) The application is not properly executed;
    (2) The submitted filing fee (if a filing fee is required) is 
insufficient;
    (3) The application does not demonstrate how the proposed radio 
facilities will serve the public interest, convenience or necessity;
    (4) The application does not demonstrate compliance with the special 
requirements applicable to the radio service involved;
    (5) The application does not certify the availability of the 
proposed station site.
    (6) The application does not include the environmental assessment 
required for any significant environmental impact under the Commission's 
environmental rules (part 1, subpart I);
    (7) The application does not specify the polarization and, where 
applicable, the antenna orientation azimuth and distance;
    (8) The application does not include all necessary exhibits;

[[Page 35]]

    (9) The application is filed after the cutoff date prescribed in 
Sec. 21.31 or Sec. 21.914 of this part;
    (10) The application proposes the use of a frequency not allocated 
to such use; or
    (11) The application does not contain the FCC Registration Number 
(FRN) as required under subpart W of part 1 of this part.
    (c) Applications considered defective under paragraph (a) of this 
section may be accepted for filing if:
    (1) The application is accompanied by a request which sets forth the 
reasons in support of a waiver of (or an exception to), in whole or in 
part, any specific rule, regulation, or requirement with which the 
application is in conflict; or
    (2) The Commission, upon its own motion, waives (or allows an 
exception to), in whole or in part, any rule, regulation or requirement.
    (d) If an applicant is requested by the Commission to file any 
documents or any supplementary or explanatory information not 
specifically required in the prescribed application form, a failure to 
comply with such request within a specified time period will be deemed 
to render the application defective and will subject it to dismissal.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 5294, Feb. 20, 1987; 52 
FR 37779, Oct. 9, 1987; 55 FR 46009, Oct. 31, 1990; 58 FR 11797, Mar. 1, 
1993; 61 FR 26674, May 28, 1996; 66 FR 47896, Sept. 14, 2001]



Sec. 21.21  Inconsistent or conflicting applications.

    While an application is pending and undecided, no subsequent 
inconsistent or conflicting application may be filed by the same 
applicant, the applicant's successor or assignee, or on behalf or for 
the benefit of the same applicant, the applicant's successor or 
assignee.

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



Sec. 21.22  Repetitious applications.

    (a) Where an applicant has been afforded an opportunity for a 
hearing with respect to a particular application for a new station, or 
for an extension or enlargement of a service or facilities, and the 
Commission has, after hearing or default, denied the application or 
dismissed it with prejudice, the Commission will not consider a like 
application involving service of the same kind to the same area by the 
same applicant, or by the applicant's successor or assignee, or on 
behalf of or for the benefit of the original parties in interest, until 
after the lapse of 12 months from the effective date of the Commission's 
order. The Commission may, for good cause shown, waive the requirements 
of this section.
    (b) Where an appeal has been taken from the action of the Commission 
denying a particular application, another application for the same class 
of station and for the same area, in whole or in part, filed by the same 
applicant or by the applicant's successor or assignee, or on behalf or 
for the benefit of the original parties in interest, will not be 
considered until the final disposition of such appeal.

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



Sec. 21.23  Amendment of applications.

    (a)(1) Any pending application may be amended as a matter of right 
if the application has not been designated for hearing, or for 
comparative evaluation pursuant to Sec. 21.35, or for the random 
selection process, provided, however, that the amendments must comply 
with the provisions of Sec. 21.29 as appropriate and the Commission has 
not otherwise forbidden the amendment of pending applications.
    (2) A Multipoint Distribution Service application tentatively 
selected for qualification review by the random selection process may be 
amended as a matter of right up to 14 days after the date of the public 
notice announcing the tentative selection, provided, however, that the 
amendments must comply with the provisions of Sec. 21.29 as appropriate 
and the Commission has not otherwise forbidden the amendment of pending 
applications.
    (3) Provided, however, applications may not be amended if the 
amendments seek more than a pro forma change of ownership or control 
(bankruptcy, death or legal disability) of a pending Multipoint 
Distribution Service application and any amendment or application will 
be dismissed if the amendment or application seeks more

[[Page 36]]

than a pro forma change of ownership or control.
    (b) Requests to amend an application designated for hearing or for 
comparative evaluation or for tentative selection for qualification 
review by the random selection process may be granted only if a written 
petition demonstrating good cause is submitted and properly served on 
the parties of record, except that Multipoint Distribution Service 
applications tentatively selected in a random selection process may be 
amended as a matter of right as provided in paragraph (a) of this 
section. Provided, however, requests to amend applications will not be 
granted that seek more than a pro forma change of ownership or control 
(bankruptcy, death or legal disability) of a pending Multipoint 
Distribution Service application and any application seeking more than a 
pro forma change of ownership or control will be dismissed.
    (c) The Commission will classify amendments on a case-by-case basis. 
Whenever previous amendments have been filed, the most recent amendment 
will be classified by reference to how the information in question stood 
as of the latest Public Notice issued which concerned the application. 
An amendment will be deemed to be a major amendment subject to Sec. 
21.27 and Sec. 21.31 under any of the following circumstances:
    (1) If in the Multipoint Distribution Service, the amendment results 
in a substantial modification of the engineering proposal such as (but 
not necessarily limited to):
    (i) A change in, or addition of, a radio frequency channel;
    (ii) A change in polarization of the transmitted signal;
    (iii) A change in type of transmitter emission or an increase in 
emission bandwidth of more than ten (10) percent;
    (iv) A change in the geographic coordinates of a station's 
transmitting antenna of more than ten (10) seconds of latitude or 
longitude, or both;
    (v) Any change which increases the antenna height by 3.0 meters (10 
feet) or more;
    (vi) Any technical change which would increase the effective 
radiated power in any horizontal or vertical direction by more than one 
and one-half (1.5) dB; or
    (vii) Any changes or combination of changes which would cause 
harmful electrical interference to an authorized facility or result in a 
mutually exclusive conflict with another pending application.
    (2) Except during the sixty (60) day amendment period provided for 
in Sec. 21.27(d), any amendment to an application for a new or modified 
response station hub, booster station or point-to-multipoint I 
channel(s) station or to an application for a modified main station that 
reflects any change in the technical specifications of the proposed 
facility, includes any new or modified analysis of potential 
interference to another facility or submits any interference consent 
from a neighboring licensee, shall result in the application being 
assigned a new file number and being treated as newly filed.
    (3) If the amendment would convert a proposal, such that it may have 
a significant impact upon the environment under Sec. 1.1307 of the 
Commission's rules, which would require the submission of an 
environmental assessment, see Sec. 1.1311 of this chapter, and 
Commission environmental review, see Sec. Sec. 1.1308 and 1.1312 of 
this chapter.
    (4) If the amendment results in a substantial and material 
alteration of the proposed service.
    (5) If the amendment specifies a substantial change in benefical 
ownership or control (de jure or de facto) of an applicant such that the 
change would require, in the case of an authorized station, the filing 
of a prior assignment or transfer of control application under section 
310(d) of the Communications Act of 1934 [47 U.S.C. 310(d)]. Such a 
change would not be considered major where the assignment or transfer of 
control is for legitimate business purposes other than the acquisition 
of applications.
    (6) If the amendment, or the cumulative effect of the amendment, is 
determined by the Commission otherwise to be substantial pursuant to 
section 309 of the Communications Act of 1934.
    (d) The applicant must serve copies of any amendments or other 
written

[[Page 37]]

communications upon the following parties:
    (1) Any applicant whose application appears on its face to be 
mutually exclusive with the application being amended, including those 
applicants originally served under Sec. 21.902;
    (2) Any applicant whose application has been found by the 
Commission, as published in a public notice, to be mutually exclusive 
with the application being amended; and
    (3) Any party who has filed a petition to deny the application or 
other formal objection, when that petition or formal objection has not 
been resolved by the Commission.
    (e) The Commission may waive the service requirements of paragraph 
(e) of this section and prescribe such alternative procedures as may be 
appropriate under the circumstances to protect petitioners' interests 
and to avoid undue delay in a proceeding, if an applicant submits a 
request for waiver which demonstrates that the service requirement is 
unreasonably burdensome. Requests for waiver shall be served on 
petitioners. Oppositions to the petition may be filed within five (5) 
days after the petition is filed and shall be served on the applicant. 
Replies to oppositions will not be entertained.
    (f) Any amendment to an application shall be signed and shall be 
submitted in the same manner, and with the same number of copies, as was 
the original application. Amendments may be made in letter form if they 
comply in all other respects with the requirements of this chapter.

[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981; 
50 FR 5992, Feb. 13, 1985; 50 FR 45614, Nov. 1, 1985; 52 FR 37779, Oct. 
9, 1987; 55 FR 20397, May 16, 1990; 56 FR 57816, Nov. 14, 1991; 58 FR 
11797, Mar. 1, 1993; 58 FR 44894, Aug. 25, 1993; 61 FR 26674, May 28, 
1996; 64 FR 63730, Nov. 22, 1999; 65 FR 46617, July 31, 2000]



Sec. 21.24  [Reserved]



Sec. 21.25  Application for temporary authorizations.

    (a) In circumstances requiring immediate or temporary use of 
facilities, request may be made for special temporary authority to 
install and/or operate new or modified equipment. Any such request may 
be submitted as an informal application in the manner set forth in Sec. 
21.5 and must contain full particulars as to the proposed operation 
including all facts sufficient to justify the temporary authority sought 
and the public interest therein. No such request will be considered 
unless the request is received by the Commission at least 10 days prior 
to the date of proposed construction or operation or, where an extension 
is sought, expiration date of the existing temporary authorization.
    (b) Special temporary authorizations may be granted without regard 
to the 30-day public notice requirement of Sec. 21.27(c) when:
    (1) The authorization is for a period not to exceed 30 days and no 
application for regular application is contemplated to be filed;
    (2) The authorization is for a period not to exceed 60 days pending 
the filing of an application for such regular operation;
    (3) The authorization is to permit interim operation to facilitate 
completion of authorized construction or to provide substantially the 
same service as previously authorized; or
    (4) The authorization is made upon a finding that there are 
extraordinary circumstances requiring operation in the public interest 
and that delay in the institution of such service would seriously 
prejudice the public interest.
    (c) Temporary authorization of operations not to exceed 180 days may 
be granted under the standards of section 309(f) of the Communications 
Act where extraordinary circumstances so require. Extensions of the 
temporary authorization for a period of 180 days each may also be 
granted, but the renewal applicant bears a heavy burden to show that 
extraordinary circumstances warrant such an extension.
    (d) In cases of emergency found by the Commission, involving danger 
to life or property or due to damage of equipment, or during a national 
emergency proclaimed by the President or declared by the Congress or 
during the continuance of any war in which the United States is engaged 
and when such action is necessary for the national defense or safety or 
otherwise in furtherance of the war effort, or in

[[Page 38]]

cases of emergency where the Commission finds that it would not be 
feasible to secure renewal applications from existing licensees or 
otherwise to follow normal licensing procedure, the Commission will 
grant construction permits and station licenses, or modifications or 
renewals thereof, during the emergency found by the Commission or during 
the continuance of any such national emergency or war, as special 
temporary licenses, only for the period of emergency or war requiring 
such action, without the filing of formal applications.

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

                       Processing of Applications



Sec. 21.26  Receipt of applications.

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

[52 FR 37779, Oct. 9, 1987]



Sec. 21.27  Public notice period.

    (a) At regular intervals, the Commission will issue a public notice 
listing:
    (1) The acceptance for filing of applications and major amendments 
thereto;
    (2) Significant Commission actions concerning applications;
    (3) The filing of certifications of completion of construction;
    (4) The receipt of applications for minor modifications made 
pursuant to Sec. 21.41;
    (5) Information which the Commission in its discretion believes of 
public significance; and
    (6) Special environmental considerations as required by part 1 of 
this chapter.
    (7) The BTAs designated for licensing through the competitive 
bidding process and the filing date for short-form applications for 
those areas;
    (8) The auction winners in the competitive bidding process;
    (b) A public notice will not normally be issued for any of the 
following applications:
    (1) For authorization of a minor technical change in the facilities 
of a proposed or authorized station where such a change would not be 
classified as a major amendment to a pending application, as defined by 
Sec. 21.23, or as a minor modification to a license pursuant to Sec. 
21.41;
    (2) For temporary authorization pursuant to Sec. 21.25;
    (3) For an authorization under any of the proviso clauses of section 
308(a) of the Communications Act of 1934 (47 U.S.C. 308(a));
    (4) For consent to an involuntary assignment or transfer of control 
of a radio authorization; or
    (5) For consent to a voluntary assignment or transfer of control of 
a radio authorization, where the assignment or transfer does not involve 
a substantial change in ownership or control.
    (c) Except as otherwise provided in this part (e.g., Sec. 21.41), 
no application that has appeared on public notice will be granted until 
the expiration of a period of thirty days following the issuance of the 
public notice listing the application, or any major amendment thereto, 
or until the expiration of a period of thirty days following the 
issuance of a public notice identifying the tentative selectee of a 
random selection process, whichever is later.
    (d) Notwithstanding any other provisions of this part, effective as 
of September 17, 1998, there shall be one one-week window, at such time 
as the Commission shall announce by public notice, for the filing of 
applications for high-power signal booster station, response station hub 
and I channels point-to-multipoint transmissions licenses, during which 
all applications shall be deemed to have been filed as of the same day 
for purposes of Sec. Sec. 21.909,

[[Page 39]]

21.913 and 74.939(l) of this chapter. Following the publication of a 
public notice announcing the tendering for filing of applications 
submitted during that window, applicants shall have a period of sixty 
(60) days to amend their applications, provided such amendments do not 
result in any increase in interference to any previously proposed or 
authorized station, or to facilities proposed during the window, absent 
consent of the applicant for or conditional licensee or licensee of the 
station that would receive such interference. At the conclusion of that 
sixty (60) day period, the Commission shall publish a public notice 
announcing the acceptance for filing of all applications submitted 
during the initial window, as amended during the sixty (60) day period. 
All petitions to deny such applications must be filed within sixty (60) 
days of such second public notice. On the sixty-first (61st) day after 
the publication of such second public notice, applications for new or 
modified response station hub, booster station and I channels point-to-
multipoint transmissions licenses may be filed and will be processed in 
accordance with the provisions of Sec. Sec. 21.909, 21.913 and 
74.939(l) of this chapter. Notwithstanding Sec. 21.31, each application 
submitted during the initial window shall be granted on the sixty-first 
(61st) day after the Commission shall have given such public notice of 
its acceptance for filing, unless prior to such date either a party in 
interest timely files a formal petition to deny or for other relief 
pursuant to Sec. 21.30(a), or the Commission notifies the applicant 
that its application will not be granted. Where an application is 
granted pursuant to the provisions of this paragraph, the conditional 
licensee or licensee shall maintain a copy of the application at the 
transmitter site or response station hub until such time as the 
Commission issues a license.

[52 FR 37779, Oct. 9, 1987, as amended at 54 FR 10327, Mar. 13, 1989; 60 
FR 36552, July 17, 1995; 61 FR 26674, May 28, 1996; 63 FR 65101, Nov. 
25, 1998; 64 FR 4054, Jan. 27, 1999]



Sec. 21.28  Dismissal and return of applications.

    (a) Except as provided under paragraph (c) of this section and under 
Sec. 21.29, any application may be dismissed without prejudice as a 
matter of right if the applicant requests its dismissal prior to 
designation for hearing or prior to selection of the comparative 
evaluation procedure of Sec. 21.35. An applicant's request for return 
of its application after it has been accepted for filing will be 
considered to be a request for dismissal without prejudice. Requests for 
dismissal shall comply with the provisions of Sec. 21.29 as 
appropriate.
    (b) A request to dismiss an application without prejudice will be 
considered after designation for hearing, after selection of the 
comparative evaluation procedure of Sec. 21.35, or after selection as a 
tentative selectee in a random selection proceeding, only if:
    (1) A written petition is submitted to the Commission and, in the 
case of applications designated for hearing or comparative evaluation, 
is properly served upon all parties of record;
    (2) The petition is submitted before the issuance date of a public 
notice of Commission action denying the application; and
    (3) The petition complies with the provisions of Sec. 21.29 
(whenever applicable) and demonstrates good cause.
    (c) Except as provided under Sec. 21.29, an application designated 
for inclusion in the random selection process may be dismissed without 
prejudice as a matter of right if the applicant requests its dismissal 
at least 2 days prior to a random selection proceeding. An applicant's 
request for return of its application after it has been accepted for 
filing will be considered to be a request for dismissal without 
prejudice. Requests for dismissal shall comply with the provisions of 
Sec. 21.29 as appropriate.
    (d) The Commission will dismiss an application for failure to 
prosecute or for failure to respond substantially within a specified 
time period to official correspondence or requests for additional 
information. Dismissal will be without prejudice prior to designation 
for hearing, selection of the comparative evaluation procedure of Sec. 
21.35, or tentative selection by the random selection process, but may 
be with prejudice for unsatisfactory compliance with Sec. 21.29, or 
after designation for hearing, selection of the comparative evaluation 
process, or selection as a

[[Page 40]]

tentative selectee in a random selection proceeding.
    (e) The Commission will dismiss an application filed by a cable 
television company which fails to comply with the provisions of Sec. 
21.912 of this part.
    (f) A Multipoint Distribution Service application will be dismissed 
if the applicant seeks to change ownership or control, except in the 
case of a pro forma change of ownership or control (bankruptcy, death, 
or legal disability).

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



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

    (a) Except as provided in paragraph (b) of this section, applicants 
or any other parties in interest to pending applications shall comply 
with the provisions of this section whenever:
    (1) They participate in any agreement (or understanding) which 
involves any consideration promised or received, directly or indirectly, 
including any agreement (or understanding) for merger of interests or 
the reciprocal withdrawal of applications; and
    (2) The agreement (or understanding) may result in either:
    (i) A proposed substantial change in beneficial ownership or control 
(de jure or de facto) of an applicant such that the change would 
require, in the case of an authorized station, the filing of a prior 
assignment or transfer of control application under section 310(d) of 
the Communications Act of 1934 [47 U.S.C. 310(d)], or
    (ii) Proposed withdrawal, amendment or dismissal of any 
application(s), amendment(s), petition(s), pleading(s), or any 
combination thereof, which would thereby permit the grant without 
hearing, comparative evaluation under of Sec. 21.35, or random 
selection of an application previously in contested status.
    (b) The provisions of this section shall not be applicable to any 
engineering agreement (or understanding) which:
    (1) Resolves frequency conflicts with authorized stations or other 
pending applications without the creation of new or increased frequency 
conflicts; and
    (2) Does not involve any consideration promised or received, 
directly or indirectly (including any merger of interests or reciprocal 
withdrawal of applications), other than the mutual benefit of resolving 
the engineering conflict.
    (c) For any agreement subject to this section, the applicant of an 
application which would remain pending pursuant to such an agreement 
will be considered responsible for the compliance by all parties with 
the procedures of this section. Failure of the parties to comply with 
the procedures of this section shall constitute a defect in those 
applications which are involved in the agreement and remain in a pending 
status.
    (d) The principals to any agreement or understanding subject to this 
section shall comply with the standards of paragraph (e) of this section 
in accordance with the following procedure:
    (1) Within ten (10) days after entering into the agreement, the 
parties thereto shall jointly notify the Commission in writing of the 
existence and general terms of such agreement, the identity of all of 
the participants and the applications involved;
    (2) Within thirty (30) days after entering into the agreement, the 
parties thereto shall file any proposed application amendments, motions, 
or requests together with a copy of the agreement which clearly sets 
forth all terms and provisions, and such other facts and information as 
necessary to satisfy the standards of paragraph (e) of this section. 
Such submission shall be accompanied by the certification by affidavit 
of each principal to the agreement declaring that the statements made 
are true, complete, and correct to the best of their knowledge and 
belief, and are made in good faith.
    (3) The Commission may request any further information which in its 
judgment it believes is necessary for a determination under paragraph 
(e) of this section.
    (e) The Commission will grant an application (or applications) 
involved in the agreement (or understanding) only

[[Page 41]]

if it finds upon examination of the information submitted, and upon 
consideration of such other matters as may be officially noticed, that 
the agreement is consistent with the public interest, and the amount of 
any monetary consideration and the cash value of any other consideration 
promised or received is not in excess of those legitimate and prudent 
costs directly assignable to the engineering, preparation, filing and 
advocacy of the withdrawn, dismissed, or amended application(s), 
amendment(s), petition(s), pleading(s), or any combination thereof. 
Where such costs represent the applicant's in-house efforts, these costs 
shall include only directly assignable costs and shall exclude general 
overhead expenses. [The treatment to be accorded such consideration for 
interstate rate making purposes will be determined at such time as the 
question may arise in an appropriate rate proceeding.] An itemized 
accounting shall be submitted to support the amount of consideration 
involved except where such consideration (including the fair market 
value of any non-cash consideration) promised or received does not 
exceed one thousand dollars ($1,000.00). Where consideration involves a 
sale of facilities or merger of interests, the accounting shall clearly 
identify that portion of the consideration allocated for such facilities 
or interests and a detailed description thereof, including estimated 
fair market value. The Commission will not presume an agreement (or 
understanding) to be prima facie contrary to the public interest solely 
because it incorporates a mutual agreement to withdraw pending 
application(s), amendment(s), petition(s), pleading(s), or any 
combination thereof.
    (f) Notwithstanding Sec. 21.29(e), amendments will not be granted 
that seek more than a pro forma change of ownership or control 
(bankruptcy, death, or legal disability) of a pending Multipoint 
Distribution Service application, and any Multipoint Distribution 
Service application will be dismissed that seeks more than a pro forma 
change of ownership or control.

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



Sec. 21.30  Opposition to applications.

    (a) Petitions to deny (including petitions for other forms of 
relief) and responsive pleadings for Commission consideration must:
    (1) Identify the application or applications (including applicant's 
name, station location, Commission file numbers and radio service 
involved) with which it is concerned;
    (2) Be filed in accordance with the pleading limitations, filing 
periods, and other applicable provisions of Sec. Sec. 1.41 through 
1.52, and 1.821 through 1.825;
    (3) Contain specific allegations of fact (except for those of which 
official notice may be taken), which shall be supported by affidavit of 
a person or persons with personal knowledge thereof, and which shall be 
sufficient to demonstrate that the petitioner (or respondent) is a party 
in interest and that a grant of, or other Commission action regarding, 
the application would be prima facie inconsistent with the public 
interest;
    (4) Except as provided in Sec. 21.902(i)(6) regarding Instructional 
Television Fixed Service licensees and conditional licensees, in Sec. 
21.909 regarding MDS response station hubs and in Sec. 21.913 regarding 
MDS booster stations, be filed within thirty (30) days after the date of 
public notice announcing the acceptance for filing of any such 
application or major amendment thereto, or identifying the tentative 
selectee of a random selection proceeding in the Multichannel Multipoint 
Distribution Service or for Multipoint Distribution Service H-channel 
stations (unless the Commission otherwise extends the filing deadline); 
and
    (5) Contains a certificate of service showing that it has been 
mailed to the applicant no later than the date of filing thereof with 
the Commission.
    (b) The Commission will classify as informal objections:
    (1) Any petition to deny not filed in accordance with paragraph (a) 
of this section;
    (2) Any petition to deny (or for other forms of relief) an 
application to which the thirty (30) day public notice period of Sec. 
21.27(c) does not apply; or
    (3) Any comments on, or objections to, the grant of an application 
when

[[Page 42]]

the comments or objections do not conform to either paragraph (a) of 
this section or other Commission rules and requirements.
    (c) The Commission will consider informal objections, but will not 
necessarily discuss them specifically in a formal opinion if:
    (1) The informal objection is filed at least one day before 
Commission action on the application; and
    (2) The informal objection is signed by the submitting person (or 
his representative) and discloses his interest.

[44 FR 60534, Oct. 19, 1979, as amended at 50 FR 5993, Feb. 13, 1985; 50 
FR 45614, Nov. 1, 1985; 52 FR 37779, Oct. 9, 1987; 55 FR 46009, Oct. 31, 
1990; 56 FR 57816, Nov. 14, 1991; 63 FR 65101, Nov. 25, 1998]



Sec. 21.31  Mutually exclusive applications.

    (a) Except with respect to applications for new or modified response 
stations hubs, booster stations, and point-to-multipoint I channel 
stations, and to applications for modified main stations, filed on the 
same day or during the same window, the Commission will consider 
applications to be mutually exclusive if their conflicts are such that 
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.
    (b) An application will be entitled to be included in a random 
selection process or to comparative consideration with one or more 
conflicting applications only if:
    (1) The application is mutually exclusive with the other 
application; and
    (2) The application is received by the Commission in a condition 
acceptable for filing by whichever ``cut-off'' date is earlier:
    (i) Sixty (60) days after the date of the public notice listing the 
first of the conflicting applications as accepted for filing; or
    (ii) One (1) business day preceding the day on which the Commission 
takes final action on the previously filed application (should the 
Commission act upon such application in the interval between thirty (30) 
and sixty (60) days after the date of its public notice).
    (c) Whenever three or more applications are mutually exclusive, but 
not uniformly so, the earliest filed application established the date 
prescribed in paragraph (b)(2) of this section, regardless of whether or 
not subsequently filed applications are directly mutually exclusive with 
the first filed application. [For example, applications A, B, and C are 
filed in that order. A and B are directly mutually exclusive, B and C 
are directly mutually exclusive. In order to be considered comparatively 
with B, C must be filed within the ``cut-off'' period established by A 
even though C is not directly mutually exclusive with A.]
    (d) An application otherwise mutually exclusive with one of more 
previously filed applications, but filed after the appropriate date 
prescribed in paragraph (b)(2) of this section, will be returned without 
prejudice and will be eligible for refiling only after final action is 
taken by the Commission with respect to the previously filed application 
(or applications).
    (e) For the purposes of this section, any application (whether 
mutually exclusive or not) will be considered to be a newly filed 
application if it is amended by a major amendment (as defined by Sec. 
21.23), except under any of the following circumstances:
    (1) The application has been designated for comparative hearing, or 
for comparative evaluation (pursuant to Sec. 21.35), and the Commission 
or the presiding officer accepts the amendment pursuant to Sec. 
21.23(b);
    (2) The amendment resolves frequency conflicts with authorized 
stations or other pending applications which would otherwise require 
resolution by hearing, by comparative evaluation pursuant to Sec. 
21.35, or by random selection pursuant to Sec. 21.33 provided that the 
amendment does not create new or additional frequency conflicts;
    (3) The amendment reflects only a change in ownership or control 
found by the Commission to be in the public interest, and for which a 
requested exemption from the ``cut-off'' requirements of this section is 
granted, unless the amendment is for more than a pro forma change of 
ownership or control (bankruptcy, death or legal disability) of a 
pending Multipoint Distribution

[[Page 43]]

Service application in which event the application will be dismissed;
    (4) The amendment reflects only a change in ownership or control 
which results from an agreement under Sec. 21.29 whereby two or more 
applicants entitled to comparative consideration of their applications 
join in one (or more) of the existing applications and request dismissal 
of their other application (or applications) to avoid the delay and cost 
of comparative consideration, unless the amendment is for one (or more) 
pending Multipoint Distribution Service application (or applications) in 
which event the application (or applications) will be dismissed;
    (5) The amendment corrects typographical, transcription, or similar 
clerical errors which are clearly demonstrated to be mistakes by 
reference to other parts of the application, and whose discovery does 
not create new or increased frequency conflicts; or
    (6) The amendment does not create new or increased frequency 
conflicts, and is demonstrably necessitated by events which the 
applicant could not have reasonably foreseen at the time of filing, such 
as, for example:
    (i) The loss of a transmitter or receiver site by condemnation, 
natural causes, or loss of lease or option;
    (ii) Obstruction of a proposed transmission path caused by the 
erection of a new building or other structure; or
    (iii) The discontinuance or substantial technological obsolescence 
of specified equipment, whenever the application has been pending before 
the Commission for two or more years from the date of its filing.

[44 FR 60534, Oct. 19, 1979, as amended at 45 FR 65600, Oct. 3, 1980; 45 
FR 70468, Oct. 24, 1980; 50 FR 5993, Feb. 13, 1985; 52 FR 27554, July 
22, 1987; 52 FR 37780, Oct. 9, 1987; 55 FR 10462, Mar. 21, 1990; 58 FR 
11797, Mar. 1, 1993; 61 FR 26674, May 28, 1996; 63 FR 65101, Nov. 25, 
1998; 64 FR 63730, Nov. 22, 1999; 65 FR 46617, July 31, 2000]



Sec. 21.32  Consideration of applications.

    (a) Applications for an instrument of authorization will be granted 
if, upon examination of the application and upon consideration of such 
other matters as it may officially notice, the Commission finds that the 
grant will serve the public interest, convenience, and necessity.
    (b) The grant shall be without a formal hearing if, upon 
consideration of the application, any pleadings of objections filed, or 
other matters which may be officially noticed, the Commission finds 
that:
    (1) The application is acceptable for filing, and is in accordance 
with the Commission's rules, regulations, and other requirements;
    (2) The application is not subject to comparative consideration 
(pursuant to Sec. 21.31) with another application (or applications), 
except where the competing applicants have chosen the comparative 
evaluation procedure of Sec. 21.35 and a grant is appropriate under 
that procedure;
    (3) A grant of the application would not cause harmful electrical 
interference to an authorized station;
    (4) There are no substantial and material questions of fact 
presented; and
    (5) The applicant is legally, technically, financially and otherwise 
qualified, and a grant of the application would serve the public 
interest.
    (c) If the Commission should grant without a formal hearing an 
application for an instrument of authorization which is subject to a 
petition to deny filed in accordance with Sec. 21.30, the Commission 
will deny the petition by the issuance of a Memorandum Opinion and Order 
which will concisely report the reasons for the denial and dispose of 
all substantial issues raised by the petition.
    (d) Whenever the Commission, without a formal hearing, grants any 
application in part, or subject to any terms or conditions other than 
those normally applied to applications of the same type, it shall inform 
the applicant of the reasons therefor, and the grant shall be considered 
final unless the Commission should revise its action (either by granting 
the application as originally requested, or by designating the 
application for a formal evidentiary hearing) in response to a petition 
for reconsideration which:
    (1) Is filed by the applicant within thirty (30) days from the date 
of the letter or order giving the reasons for the partial or conditioned 
grant;

[[Page 44]]

    (2) Rejects the grant as made and explains the reasons why the 
application should be granted as originally requested; and
    (3) Returns the instrument of authorization.
    (e) The Commission will designate an application for a formal 
hearing, specifying with particularity the matters and things in issue, 
if, upon consideration of the application, any pleadings or objections 
filed, or other matters which may be officially noticed, the Commission 
determines that:
    (1) A substantial and material question of fact is presented;
    (2) The Commission is unable for any reason to make the findings 
specified in paragraph (a) of this section and the application is 
acceptable for filing, complete, and in accordance with the Commission's 
rules, regulations, and other requirements.
    (3) The application is entitled to comparative consideration (under 
Sec. 21.31) with another application (or applications); or
    (4) The application is entitled to comparative consideration 
(pursuant to Sec. 21.31) and the applicants have chosen the comparative 
evaluation procedure of Sec. 21.35 but the Commission deems such 
procedure to be inappropriate.
    (f) The Commission may grant, deny, or take other action with 
respect to an application designated for a formal hearing pursuant to 
paragraph (e) of this section or part 1 of this chapter.
    (g) Whenever the public interest would be served thereby the 
Commission may grant one or more mutually exclusive applications 
expressly conditioned upon final action on the applications, and then 
either conduct a random section process (in specified services under 
this rules part), designate all of the mutually exclusive applications 
for a formal evidentiary hearing or (whenever so requested) follow the 
comparative evaluation procedures of Sec. 21.35, as appropriate, if it 
appears:
    (1) That some or all of the applications were not filed in good 
faith, but were filed for the purpose of delaying or hindering the grant 
of another application;
    (2) That the public interest requires the prompt establishment of 
radio service in a particular community or area;
    (3) That a delay in making a grant to any applicant until after the 
conclusion of a hearing or a random selection proceeding on all 
applications might jeopardize the rights of the United States under the 
provision of an international agreement to the use of the frequency in 
question; or
    (4) That a grant of one application would be in the public interest 
in that it appears from an examination of the remaining applications 
that they cannot be granted because they are in violation of provisions 
of the Communications Act, other statutes, or of the provisions of this 
chapter.
    (h) Reconsideration or review of any final action taken by the 
Commission will be in accordance with subpart A of part 1 of this 
chapter.

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



Sec. 21.33  Grants by random selection.

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

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



Sec. 21.34  [Reserved]



Sec. 21.35  Comparative evaluation of mutually exclusive applications.

    (a) In order to expedite action on mutually exclusive applications 
in services under this rules part where the competitive bidding process 
or random

[[Page 45]]

selection process do not apply, the applicants may request the 
Commission to consider their applications without a formal hearing in 
accordance with the summary procedure outlined in paragraph (b) in this 
section if:
    (1) The applications are entitled to comparative consideration 
pursuant to Sec. 21.31;
    (2) The applications have not been designated for formal evidentiary 
hearing; and
    (3) The Commission determines, initially or at any time during the 
procedure outlined in paragraph (b) of this section, that such procedure 
is appropriate, and that, from the information submitted and 
consideration of such other matters as may be officially noticed, there 
are no substantial and material questions of fact presented (other than 
those relating to the comparative merits of the applications) which 
would preclude a grant under paragraphs (a) and (b) of Sec. 21.32.
    (b) Provided that the conditions of paragraph (a) of this section 
are satisfied, applicants may request the Commission to act upon their 
mutually exclusive applications without a formal hearing pursuant to the 
summary procedure outlined below:
    (1) To initiate the procedure, each applicant will submit to the 
Commission a written statement containing:
    (i) A waiver of the applicant's right to a formal hearing;
    (ii) A request and agreement that, in order to avoid the delay and 
expense of a comparative formal hearing, the Commission should exercise 
its judgment to select from among the mutually exclusive applications 
that proposal (or proposals) which would best serve the public interest; 
and
    (iii) The signature of a principal (and the principal's attorney if 
represented).
    (2) After receipt of the written requests of all of the applicants 
the Commission (if it deems this procedure appropriate) will issue a 
notice designating the comparative criteria upon which the applications 
are to be evaluated and will request each applicant to submit, within a 
specified period of time, additional information concerning the 
applicant's proposal relative to the comparative criteria.
    (3) Within thirty (30) days following the due date for filing this 
information, the Commission will accept concise and factual argument on 
the competing proposals from the rival applicants, potential customers, 
and other knowledgeable parties in interest.
    (4) Within fifteen (15) days following the due date for the filing 
of comments, the Commission will accept concise and factual replies from 
the rival applicants.
    (5) From time to time during the course of this procedure the 
Commission may request additional information from the applicants and 
hold informal conferences at which all competing applicants shall have 
the right to be represented.
    (6) Upon evaluation of the applications, the information submitted, 
and such other matters as may be officially noticed the Commission will 
issue a decision granting one (or more) of the proposals which it 
concludes would best serve the public interest, convenience and 
necessity. The decision will report briefly and concisely the reasons 
for the Commission's selection and will deny the other application(s). 
This decision shall be considered final.

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



Sec. Sec. 21.36-21.37  [Reserved]

      License Transfers, Modifications, Conditions and Forfeitures



Sec. 21.38  Assignment or transfer of station authorization.

    (a) No station license, or any rights thereunder, shall be 
transferred, assigned, or disposed of in any manner, voluntarily or 
involuntarily, directly or indirectly, or by transfer of control of any 
corporation or any other entity holding any such license, to any person 
except upon application to the Commission and upon finding by the 
Commission that the public interest, convenience and necessity will be 
served thereby.
    (b) For purposes of this section, transfers of control requiring 
Commission approval shall include any and all transactions that:

[[Page 46]]

    (1) Change the party controlling the affairs of the licensee, or
    (2) Affect any change in a controlling interest in the ownership of 
the licensee, including changes in legal or equitable ownership, or
    (c) Requests for transfer of control or assignment authority shall 
be submitted on the application form prescribed by Sec. 21.11 of this 
chapter, and shall be accompanied by the applicable showings required by 
Sec. Sec. 21.13, 21.15, 21.17 and 21.39 of this chapter.
    (d) The Commission shall be promptly notified in writing when a 
licensee is voluntarily or involuntarily placed in bankruptcy or 
receivership and when an individual licensee, a member of a partnership 
which is a licensee, or a person directly or indirectly in control of a 
corporation which is a licensee, dies or becomes legally disabled. 
Within thirty days after the occurrence of such bankruptcy, 
receivership, death or legal disability, an application of involuntary 
assignment of such license, or involuntary transfer of control of such 
corporation, shall be filed with the Commission, requesting assignment 
or transfer to a successor legally qualified under the laws of the place 
having jurisdiction over the assets involved.
    (e) The assignor of a station licensed under this part may retain no 
right of reversion or reassignment of the license and may not reserve 
the right to use the facilities of the station for any period 
whatsoever. No assignment of license will be granted or authorized if 
there is a contract or understanding, express or implied, pursuant to 
which a right of reversion or reassignment of the license or right to 
use the facilities are retained as partial or full consideration for the 
assignment or transfer.
    (f) No special temporary authority, or any rights thereunder, shall 
be assigned or otherwise disposed of, directly or indirectly, 
voluntarily or involuntarily, without prior Commission approval.
    (g) An applicant for voluntary transfer of control or assignment 
under this section where the subject license was acquired by the 
transferor or assignor through a system of random selection shall, 
together with its application for transfer of control or assignment, 
file with the Commission the associated contracts for sale, option 
agreements, management agreements, or other documents disclosing the 
total consideration that the applicant would receive in return for the 
transfer or assignment of its license. This information should include 
not only a monetary purchase price, but also any future, contingent, in-
kind, or other consideration (e.g., management or consulting contracts 
either with or without an option to purchase; below-market financing).

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



Sec. 21.39  Considerations involving transfer or assignment applications.

    (a) A Multipoint Distribution Service conditional license may not be 
assigned or transferred prior to the completion of construction of the 
facility and the timely filing of the certification of completion of 
construction. However, consent to the assignment or transfer of control 
of a Multipoint Distribution Service conditional license may be given 
prior to the completion of construction and the timely filing of the 
certification of completion of construction where:
    (1) The assignment or transfer does not involve a substantial change 
in ownership or control of the authorized Multipoint Distribution 
Service facilities; or
    (2) The assignment or transfer of control is involuntary due to the 
licensee's bankruptcy, death, or legal disability.
    (b) The Commission will review a proposed transaction to determine 
if the circumstances indicate ``trafficking'' in licenses whenever 
applications (except those involving pro forma assignment or transfer of 
control) for consent to assignment of a license, or for transfer of 
control of a licensee, involve facilities that were:
    (1) Authorized following a comparative hearing and have been 
operated less than one year, or;
    (2) Involve facilities that have not been constructed, or;
    (3) Involve facilities that were authorized following a random 
selection proceeding in which the successful applicant received 
preference and that

[[Page 47]]

have been operated for less than one year.

At its discretion, the Commission may require the submission of an 
affirmative, factual showing (supported by affidavits of a person or 
persons with personal knowledge thereof) to demonstrate that the 
proposed assignor or transferor has not acquired an authorization or 
operated a station for the principal purpose of profitable sale rather 
than public service. This showing may include, for example, a 
demonstration that the proposed assignment or transfer is due to changed 
circumstances (described in detail) affecting the licensee subsequent to 
the acquisition of the license, or that the proposed transfer of radio 
facilities is incidental to a sale of other facilities or merger of 
interests.
    (c) If a proposed transfer of radio facilities is incidental to a 
sale of other facilities or merger of interests, any showing requested 
under paragraph (a) of this section shall include an additional exhibit 
which:
    (1) Discloses complete details as to the sale of facilities or 
merger of interests;
    (2) Segregates clearly by an itemized accounting, the amount of 
consideration involved in the sale of facilities or merger of interests; 
and
    (3) Demonstrates that the amount of consideration assignable to the 
facilities or business interests involved represents their fair market 
value at the time of the transaction.
    (d) For the purposes of this section, the one year period is 
calculated using the following dates (as appropriate):
    (1) The initial date of grant of the license, excluding subsequent 
modifications;
    (2) The date of consummation of an assignment or transfer, if the 
station is acquired as the result of an assignment of license, or 
transfer of control of corporate licensee; or
    (3) The median date of the applicable commencement dates (determined 
pursuant to paragraphs (c) (1) and (2) of this section) if the 
transaction involves two or more stations. (The median date is that date 
so selected such that fifty percent of the commencement dates of the 
total number of stations, when arranged in chronological order, lie 
below it and fifty percent lie above it. When the number of stations is 
an even number, the median date will be a value half way between the two 
dates closest to the theoretical median).

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



Sec. 21.40  Modification of station license.

    (a) Except as provided in Sec. Sec. 21.41 and 21.42, no 
modification of a license issued pursuant to this part (or the 
facilities described thereunder) shall be made except upon application 
to the Commission and upon finding by the Commission that:
    (1) Such modification will promote the public interest, convenience 
and necessity, or
    (2) That the provisions of the Communications Act of 1934 or of any 
treaty ratified by the United States will be more fully complied with if 
such application is granted.
    (b) No application for modification to extend a license construction 
period will be granted for delays caused by lack of financing or for 
lack of site availability. Applications for time extensions for other 
reasons must include a verified statement from the application showing 
that the licensee has made diligent efforts to construct the facilities 
and:
    (1) That additional time is required due to circumstances beyond the 
applicant's control, in which case the applicant must describe such 
circumstances and must set forth with specificity and justify the 
precise extension period requested; or
    (2) That there are unique and overriding public interest concerns 
that justify such an extension, in which case the applicant must 
identify such interests and must set forth and justify a precise 
extension period.
    (c) Notwithstanding the provisions of paragraph (b), when a station 
license has been assigned or transferred pursuant to Sec. 21.38, any 
extension of time will be limited so that the time left to construct 
after Commission grant of the transfer or assignment will be no

[[Page 48]]

more than the time remaining for construction at the date of the filing 
of the application for transfer or assignment.

[52 FR 37780, Oct. 9, 1987]



Sec. 21.41  Special processing of applications for minor facility 
modifications.

    (a) Unless an applicant is notified to the contrary by the 
Commission, as of the twenty-first day following the date of public 
notice, any application that meets the requirements of paragraph (b) of 
this section and proposes only the change specified in paragraph (c) of 
this section shall be deemed to have been authorized by the Commission.
    (b) An application may be considered under the procedures of this 
section only if:
    (1) It is in the Multipoint Distribution Service;
    (2) The cumulative effect of all such applications made within any 
60 days period does not exceed the appropriate values prescribed by 
paragraph (c) of this section;
    (3) The facilities to be modified are not located within 56.3 
kilometers (35 miles) of the Canadian or Mexican border;
    (4) It is acceptable for filing, is consistent with all of the 
Commission's rules, and does not involve a waiver request;
    (5) It specifically requests consideration pursuant to this section;
    (6) Frequency notification procedures are complied with and a copy 
of the application has been served on those who also were served under 
Sec. 21.902; and
    (7) In the Multipoint Distribution Service, the modified facility 
would not produce a power flux density that exceeds -73 dBW/m\2\, 
pursuant to Sec. Sec. 21.902 and 21.939 at locations on the boundaries 
of protected service areas to which there is an unobstructed signal 
path.
    (c) The modifications that may be authorized under the procedures of 
this section are:
    (1) Changes in a transmitter and existing transmitter operating 
characteristics, or protective configuration of transmitter, provided 
that:
    (i) In the Multipoint Distribution Service, any increase in EIRP is 
one and one-half dB or less over the previously-authorized power value; 
or
    (ii) The necessary bandwidth is not increased by more than 10% of 
the previously authorized necessary bandwidth.
    (2) Changes in the height of an antenna, provided that:
    (i) In Multipoint Distribution Service, any increase in antenna 
height is less than 3.0 meters above the previously authorized height; 
and
    (ii) The overall height of the antenna structure is not increased as 
a result of the antenna extending above the height of the previously 
authorized structure, except when the new height of the antenna 
structure is 6.1 meters or less (above ground or man-made structure, as 
appropriate) after the change is made.
    (3) Change in the geographical coordinates of a transmit station by 
ten seconds or less of latitude, longitude or both, provided that when 
notice to the FAA of proposed construction is required by part 17 of 
this chapter for antenna structure at the previously authorized 
coordinates (or will be required at the new location) the applicant must 
comply with the provisions of Sec. 21.15(d).
    (d) Upon grant of an application under the procedure of this section 
and at such time that construction begins, the applicant must keep a 
complete copy of the application (including the filing date) with the 
station license if construction is commenced prior to the receipt of the 
authorization.

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



Sec. 21.42  Certain modifications not requiring prior authorization.

    (a) Equipment in an authorized radio station may be replaced without 
prior authorization or notification if:
    (1) The replacement equipment is identical (i.e., same manufacturer 
and model number) with the replacement equipment; or
    (2) The replacement transmitter, transmitting antenna, transmission 
line loss and/or devices between the

[[Page 49]]

transmitter and antenna, or combinations of the above, do not change the 
EIRP of a station in any direction.
    (b) Licensees of fixed stations in the Multipoint Distribution 
Service may make the facility changes listed in paragraph (c) of this 
section without obtaining prior Commission authorization, if:
    (1) The Multipoint Distribution Service licensee serves a copy of 
the notification described in paragraph (b)(3) of this section on those 
who were served under Sec. 21.902, and
    (2) The cumulative effect of all facility changes made within any 60 
day period does not exceed the appropriate values prescribed by 
paragraph (c) of this section, and
    (3) The Commission is notified of changes made to facilities by the 
submission of a completed FCC Form 304 within thirty (30) days after the 
changes are made.
    (4) In the Multipoint Distribution Service, the modified facility 
would not produce a power flux density at the protected service area 
boundary that exceeds -73 dBW/m\2\, pursuant to Sec. Sec. 21.902 and 
21.939.
    (c) Modifications that may be made without prior authorization under 
paragraph (b) of this section are:
    (1) Change or modification of a transmitter, when:
    (i) The replacement or modified transmitter is certificated for use 
under this part and is installed without modification from the 
certificated configuration;
    (ii) The type of modulation is not changed;
    (iii) The frequency stability is equal to or better than the 
previously authorized frequency stability; and
    (iv) The necessary bandwidth and the output power do not exceed the 
previously authorized values.
    (2) Addition or deletion of a transmitter for protection without 
changing the authorized power output (e.g. hot standby transmitters);
    (3) Change to an antenna when the new antenna conforms with Sec. 
21.906 and the EIRP resulting from the new antenna does not exceed that 
resulting from the previously authorized antenna by more than one dB in 
any direction.
    (4) Any technical changes that would decrease the effective radiated 
power.
    (5) Change to the height of an antenna, when:
    (i) The new height (measured at the center-of-radiation) is within 
1.5 meters (5 feet) of the previously authorized 
height; and
    (ii) The overall height of the antenna structure is not increased as 
a result of the antenna extending above the height of the previously 
authorized structure, except when the new height of the antenna 
structure is 6.1 meters (20 feet) or less (above ground or man-made 
structure, as appropriate) after the change is made.
    (6) Decreases in the overall height of an antenna structure, 
provided that, when notice to the FAA of proposed construction was 
required by part 17 of this chapter for the antenna structure at the 
previously authorized height, the applicant must comply with the 
provisions of Sec. 21.15 (d) and (e).
    (7) Changes to the transmission line and other devices between the 
transmitter and the antenna when the effective radiated power of the 
station is not increased by more than one dB.
    (8) A change to a sectorized antenna system comprising an array of 
directional antennas, provided that such system does not change 
polarization or result in an increase in radiated power by more than one 
dB in any horizontal or vertical direction; provided, however, that 
notice of such change is provided to the Commission on FCC Form 331 
within ten (10) days of installation.
    (d) Licensees may correct erroneous information on a license which 
does not involve a major change (i.e., a change that would be classified 
as a major amendment as defined by Sec. 21.23) without obtaining prior 
Commission approval by filing a completed FCC Form 494, or for the 
Multipoint Distribution Service licensees, by filing the MDS long-form 
application.

[52 FR 37781, Oct. 9, 1987, as amended at 58 FR 44894, Aug. 25, 1993; 60 
FR 36552, July 17, 1995; 60 FR 57366, Nov. 15, 1995; 61 FR 4364, Feb. 6, 
1996; 61 FR 26674, May 28, 1996; 63 FR 36603, July 7, 1998; 63 FR 49870, 
Sept. 18, 1998; 63 FR 65101, Nov. 25, 1998; 64 FR 4054, Jan. 27, 1999; 
65 FR 46617, July 31, 2000]

[[Page 50]]



Sec. 21.43  Period of construction; certification of completion of 
construction.

    (a) Except for Multipoint Distribution Service station licenses 
granted to BTA and PSA authorization holders, each license for a radio 
station for the services included in this part shall specify as a 
condition therein the period during which construction of facilities 
will be completed and the station made ready for operation. Construction 
may not commence until the grant of a license, and must be completed by 
the date specified in the license as the termination date of the 
construction period. Except as may be limited by Sec. 21.45(b) or 
otherwise determined by the Commission for any particular application, 
the maximum construction period for all stations licensed under this 
part shall be a maximum of 12 months from the date of the license grant.
    (b) Each license for a radio station for the services included in 
this part shall also specify as a condition therein that upon the 
completion of construction, each licensee must file with the Commission 
a certification of completion of construction using FCC Form 494A, 
certifying that the facilities as authorized have been completed and 
that the station is now operational and ready to provide service to the 
public, and will remain operational during the license period, unless 
the license is submitted for cancellation.

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



Sec. 21.44  Forfeiture and termination of station authorization.

    (a) A license shall be automatically forfeited in whole or in part 
without further notice to the licensee upon:
    (1) The expiration of the construction period specified therein, 
where applicable, or after such additional time as may be authorized by 
the Commission, unless within 5 days after that date certification of 
completion of construction has been filed with the Commission pursuant 
to Sec. 21.43;
    (2) The expiration of the license period specified therein, unless 
prior thereto an application for renewal of such license has been filed 
with the Commission; or
    (3) The voluntary removal or alteration of the facilities, so as to 
render the station not operational for a period of 30 days or more.
    (b) A license forfeited in whole or in part under the provisions of 
paragraph (a)(1) or (a)(2) may be reinstated if the Commission, in its 
discretion, determines that reinstatement would best serve the public 
interest, convenience and necessity. Petitions for reinstatement filed 
pursuant to this subsection will be considered only if:
    (1) The petition is filed within 30 days of the expiration date set 
forth in paragraph (a)(1) or (a)(2) of this section, whichever is 
applicable;
    (2) The petition explains the failure to timely file such 
notification or application as would have prevented automatic 
forfeiture; and
    (3) The petition sets forth with specificity the procedures which 
have been established to insure timely filings in the future.
    (c) A special temporary authorization shall automatically terminate 
upon the expiration date specified therein, or upon failure to comply 
with any special terms or conditions set forth therein. Operation may be 
extended beyond such termination date only after application and upon 
specific authorization by the Commission.

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



Sec. 21.45  License period.

    (a)(1) Licenses for stations in the Multipoint Distribution Service 
will be issued for a period not to exceed 10 years, except that licenses 
for developmental stations will be issued for a period not to exceed one 
year. The expiration date of developmental licenses shall be one year 
from the date of the grant thereof. Unless otherwise specified by the 
Commission, the expiration of regular licenses shall be on the following 
date in the year of expiration.

Multipoint Distribution Service--May 1.

    (2) When a license is granted subsequent to the last renewal date of 
the class of license involved, the license shall be issued only for the 
unexpired period of the current license term of such class.

[[Page 51]]

    (b) The Commission reserves the right to grant or renew station 
licenses in these services for a shorter period of time than that 
generally prescribed for such stations if, in its judgment, public 
interest, convenience, or necessity would be served by such action.
    (c) Upon the expiration or termination of any station license, any 
related conditional authorization, which bears a later expiration date, 
shall be automatically terminated concurrently with the related station 
license, unless it shall have been determined by the Commission that the 
public interest, convenience or necessity would be served by continuing 
in effect said conditional authorization.

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



Sec. 21.50  [Reserved]



                      Subpart C_Technical Standards



Sec. 21.100  Frequencies.

    The frequencies available for use in the service covered by this 
part are listed in subpart K. Assignment of frequencies will be made 
only in such a manner as to facilitate the rendition of communication 
service on an interference-free basis in each service area. Unless 
otherwise indicated, each frequency available for use by stations in 
this service will be assigned exclusively to a single applicant in any 
service area. All applicants for, and licensees of, stations in this 
service shall cooperate in the selection and use of the frequencies 
assigned in order to minimize interference and thereby obtain the most 
effective use of the authorized facilities. In the event harmful 
interference occurs or appears likely to occur between two or more radio 
systems and such interference cannot be resolved between the licensees 
thereof, the Commission may, after notice and opportunity for hearing, 
require the licensees to make such changes in operating techniques or 
equipment as it may deem necessary to avoid such interference.

[61 FR 26675, May 28, 1996]



Sec. 21.101  Frequency tolerance.

    (a) The carrier frequency of each transmitter authorized in these 
services shall be maintained within the following percentage of the 
reference frequency except as otherwise provided in paragraph (b) of 
this section or in the applicable subpart of this part (unless otherwise 
specified in the instrument of station authorization the reference 
frequency shall be deemed to be the assigned frequency):

------------------------------------------------------------------------
                                                              Frequency
                                                              tolerance
                   Frequency range (MHz)                      for fixed
                                                               stations
                                                              (percent)
------------------------------------------------------------------------
2,150 to 2,162 \1\ \2\.....................................        0.001
2,596 to 2,680 \2\.........................................       0.005
------------------------------------------------------------------------
\1\ Beginning Aug. 9, 1975, this tolerance will govern the marketing of
  equipment pursuant to Sec. Sec. 2.803 and 2.805 of this chapter and
  the issuance of all authorizations for new radio equipment. Until that
  date new equipment may be authorized with a frequency tolerance of
  0.03 percent in the frequency range 2,200 to 10,500 MHz and equipment
  so authorized may continue to be used for its life provided that it
  does not cause interference to the operation of any other licensee.
  Equipment authorized in the frequency range 2,450 to 10,500 MHz prior
  to June 23, 1969, at a tolerance of 0.05 percent may continue to be
  used until February 1, 1976 provided it does not cause interference to
  the operation of any other licensee.
\2\ Beginning January 21, 2000, the equipment authorized to be used at
  all MDS main stations, and at all MDS booster stations authorized
  pursuant to Sec. 21.913(b) of this part, shall maintain a frequency
  tolerance of 0.001%. MDS booster stations authorized pursuant to Sec.
   21.913(e) of this part and MDS response stations authorized pursuant
  to Sec. 21.909 of this part shall employ transmitters with
  sufficient frequency stability to ensure that the emission is, at all
  times, within the required emission mask.

    (b) As an additional requirement in any band where the Commission 
makes assignments according to a specified channel plan, provisions 
shall be made to prevent the emission included within the occupied 
bandwidth from radiating outside the assigned channel at a level greater 
than that specified in Sec. 21.106.

[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981; 
48 FR 50329, Nov. 1, 1983; 48 FR 50732, Nov. 3, 1983; 49 FR 37775, Sept. 
26, 1984; 54 FR 10327, Mar. 13, 1989; 54 FR 24905, June 12, 1989; 55 FR 
46009, Oct. 31, 1990; 56 FR 57816, Nov. 14, 1991; 61 FR 26675, May 28, 
1996; 63 FR 65101, Nov. 25, 1998; 64 FR 63730, Nov. 22, 1999]



Sec. Sec. 21.102-21.104  [Reserved]



Sec. 21.105  Bandwidth.

    Each authorization issued pursuant to these rules will show, as the 
emission designator, a symbol representing the class of emission which 
shall be prefixed by a number specifying the

[[Page 52]]

necessary bandwidth. This figure does not necessarily indicate the 
bandwidth actually occupied by the emission at any instant. In those 
cases where part 2 of this chapter does not provide a formula for the 
computation of the necessary bandwidth, the occupied bandwidth may be 
used in the emission designator.

[49 FR 48700, Dec. 14, 1984]



Sec. 21.106  Emission limitations.

    (a) The mean power of emissions shall be attenuated below the mean 
output power of the transmitter in accordance with the following 
schedule:
    (1) When using transmissions other than those employing digital 
modulation techniques:
    (i) On any frequency removed from the assigned frequency by more 
than 50 percent up to and including 100 percent of the authorized 
bandwidth: At least 25 decibels;
    (ii) On any frequency removed from the assigned frequency by more 
than 100 percent up to and including 250 percent of the authorized 
bandwidth: At least 35 decibels;
    (iii) On any frequency removed from the assigned frequency by more 
than 250 percent of the authorized bandwidth: At least 43+10 Log\10\ 
(mean output power in watts) decibels, or 80 decibels, whichever is the 
lesser attenuation.
    (2) When using transmissions employing digital modulation techniques 
(see Sec. 21.122(b)) in situations other than those covered by subpart 
K of this part:
    (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;minus;50)+10 Log\10\ B. (Attenuation 
greater than 80 decibels is not required.)

where:

A=Attenuation (in decibels) below the mean output power level.
P=Percent removed from the carrier frequency.
B=Authorized bandwidth in MHz.

    (ii) In any 4 kHz band, the center frequency of which is removed 
from the assigned frequency by more than 250 percent of the authorized 
bandwidth: At least 43+10 Log\10\ (mean output power in watts) decibels, 
or 80 decibels, whichever is the lesser attenuation.
    (b) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than specified in paragraph (a) of this section.

[44 FR 60534, Oct. 19, 1979, as amended at 46 FR 23450, Apr. 27, 1981; 
52 FR 23550, June 23, 1987; 61 FR 26675, May 28, 1996; 65 FR 46617, July 
31, 2000]



Sec. 21.107  Transmitter power.

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

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


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

[[Page 53]]



Sec. 21.108  [Reserved]



Sec. 21.109  Antenna and antenna structures.

    (a) In the event harmful interference is caused to the operation of 
other stations, the Commission may, after notice and opportunity for 
hearing, order changes to be made in the height, orientation, gain and 
radiation pattern of the antenna system.
    (b) The Commission may require the replacement, at the licensee's 
expense, of any antenna system of a permanent fixed station operating at 
2500 MHz or higher upon a showing that said antenna causes or is likely 
to cause interference to any other authorized or proposed station.

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



Sec. 21.110  Antenna polarization.

    Stations operating in the radio services included in this part are 
not limited as to the type of polarization of the radiated signal, 
provided, however, that in the event interference in excess of 
permissible levels is caused to the operation of other stations the 
Commission may, after notice and opportunity for hearing, order the 
licensee to change the polarization of the radiated signal. No change in 
polarization shall be made without prior authorization from the 
Commission.

[52 FR 37783, Oct. 9, 1987]



Sec. 21.111  Use of common antenna structure.

    The simultaneous use of a common antenna structure by more than one 
station authorized under this part, or by one or more stations of any 
other service may be authorized. The owner, however, of each antenna 
structure required to be painted and/or illuminated under the provisions 
of Section 303(q) of the Communications Act of 1934, as amended, shall 
install and maintain the antenna structure painting and lighting in 
accordance with part 17 of this chapter. In the event of default by the 
owner, each licensee or permittee shall be individually responsible for 
conforming to the requirements pertaining to antenna structure painting 
and lighting.

[61 FR 4365, Feb. 6, 1996]



Sec. 21.112  Marking of antenna structures.

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

[61 FR 4365, Feb. 6, 1996]



Sec. 21.113  Quiet zones and Arecibo Coordination Zone.

    Quiet zones are those areas where it is necessary to restrict 
radiation so as to minimize possible impact on the operations of radio 
astronomy or other facilities that are highly sensitive to radio 
frequency interference. The areas involved and procedures required are 
as follows:
    (a) In order to minimize possible harmful interference at the 
National Radio Astronomy Observatory site located at Green Bank, 
Pocahontas County, West Virginia, and at the Naval Radio Research 
Observatory site at Sugar Grove, Pendleton County, West Virginia, any 
applicant for a station authorization other than mobile, temporary base, 
or temporary fixed seeking authorization for a new station or to modify 
an existing station in a manner which would change either the frequency, 
power, antenna height or directivity, or location of such a station 
within the area bounded by 39[deg]15[min] N. on the north, 
78[deg]30[min] W. on the east, 37[deg]30[min] N. on the south, and 
80[deg]30[min] W. on the west shall, at the time of filing such 
application with the Commission, simultaneously notify the Director, 
National Radio Astronomy Observatory, Post Office Box No. 2, Green Bank, 
West Virginia 24944, in writing, of the technical particulars of the 
proposed operation. Such notification shall include the geographical 
coordinates of the antenna, antenna height, antenna directivity (if

[[Page 54]]

any), proposed frequency, type of emission, and power. In addition, the 
applicant shall indicate in his application to the Commission the date 
notification was made to the Observatory. After receipt of such 
applications, the Commission will allow a period of twenty (20) days for 
comments or objections in response to the notifications indicated. If an 
objection to the proposed operation is received during the 20-day period 
from the National Radio Astronomy Observatory for itself or on behalf of 
the Naval Radio Research Observatory, the Commission will consider all 
aspects of the problem and take whatever action is deemed appropriate.
    (b) In order to minimize possible harmful interference at the Table 
Mountain Radio Receiving Zone of the Research Laboratories of the 
Department of Commerce located in Boulder County, Colorado, applicants 
for new or modified radio facilities in the vicinity of Boulder County, 
Colorado are advised to give due consideration prior to filing 
applications, to the need to protect the Table Mountain Radio Receiving 
Zone from harmful interference. To prevent degradation of this present 
ambient radio signal level at the site, the Department of Commerce seeks 
to ensure that the field strengths of any radiated signals (excluding 
reflected signals) received on this 728.4 hectare (1800 acre) site (in 
the vicinity of coordinates 40[deg]07[min]50[sec] N Latitude, 
105[deg]15[min]40[sec] W Longitude) resulting from new assignments 
(other than mobile stations) or from the modification or relocation of 
existing facilities do not exceed the following values:

------------------------------------------------------------------------
                                                    Field     Power flux
                                                  strength   density \1\
                                                  (mV/m) in  (dbW/m2) in
                Frequency range                  authorized   authorized
                                                  bandwidth   bandwidth
                                                 of service   of service
------------------------------------------------------------------------
Below 540 kHz..................................          10        -65.8
540 to 1600 kHz................................          20        -59.8
1.6 to 470 MHz.................................          10    \2\ -65.8
470 to 890 MHz.................................          30    \2\ -54.2
Above 890 MHz..................................           1   \2\ -85.8
------------------------------------------------------------------------
\1\ Equivalent values of power flux density are calculated assuming free
  space characteristic impedance of 376.7=120[pi] ohms.
\2\ Space stations shall conform to the power flux density limits at the
  earth's surface specified in appropriate parts of the FCC rules, but
  in no case should exceed the above levels in any 4 kHz band for all
  angles of arrival.

    (1) Advance consultation is recommended particularly for those 
applicants who have no reliable data which indicates whether the field 
strength or power flux density figures in the above table would be 
exceeded by their proposed radio facilities (except mobile stations). In 
such instances, the following is a suggested guide for determining 
whether coordination is recommended:
    (i) All stations within 2.4. kilometers (1.5 miles);
    (ii) Stations within 4.8 kilometers (3 miles) with 50 watts or more 
average effective radiated power (ERP) in the primary plane of 
polarization in the azimuthal direction of the Table Mountain Radio 
Receiving Zone;
    (iii) Stations within 16.1 kilometers (10 miles) with 1 kW or more 
average ERP in the primary plane of polarization in the azimuthal 
direction of Table Mountain Receiving Zone;
    (iv) Stations within 80.5 kilometers (50 miles) with 25 kW or more 
average ERP in the primary plane of polarization in the azimuthal 
direction of Table Mountain Receiving Zone.
    (2) Applicants concerned are urged to communicate with the Radio 
Frequency Management Coordinator, Department of Commerce, Research 
Support Services, NOAA R/E5X2, Boulder Laboratories, Boulder, CO 80303; 
telephone (303) 497-6548, in advance of filling their applications with 
the Commission.
    (3) The Commission will not screen applications to determine whether 
advance consultation has taken place. However, applicants are advised 
that such consultation can avoid objections from the Department of 
Commerce or proceedings to modify any authorization which may be granted 
which, in fact, delivers a signal at the site in excess of the field 
strength specified herein.
    (c) Protection for Federal Communications Commission monitoring 
stations:
    (1) Applicants in the vicinity of an FCC monitoring station for a 
radio station authorization to operate new transmitting facilities or 
changed transmitting facilities which would increase the field strength 
produced over

[[Page 55]]

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/m\2\ 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/m\2\) 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 16.1 kilometers (10 miles) with 1 kW or more 
average ERP in the primary plane of polarization in the azimuthal 
direction of the Monitoring Station.
    (iv) Stations within 80.5 kilometers (50 miles) with 25 kW or more 
average ERP in the primary plane of polarization in the azimuthal 
direction of the Monitoring Station.
    (4) Advance coordination for stations operating above 1000 MHz is 
recommended only where the proposed station is in the vicinity of a 
monitoring station designated as a satellite monitoring facility in 
Sec. 0.121(c) of the Commission's Rules and also meets the criteria 
outlined in paragraphs (c) (2) and (3) of this section.
    (5) The Commission will not screen applications to determine whether 
advance consultation has taken place. However, applicants are advised 
that such consultation can avoid objections from the Federal 
Communications Commission or modification of any authorization which 
will cause harmful interference.
    (d) Any applicant for a new permanent base or fixed station to be 
located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and 
Culebra, or for a modification of an existing authorization which would 
change the frequency, power, antenna height, directivity, or location of 
a station on these islands and would increase the likelihood of the 
authorized facility causing interference, shall notify the Interference 
Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico 
00613, in writing or electronically, of the technical parameters of the 
proposal. Applicants may wish to consult interference guidelines, which 
will be provided by Cornell University. Applicants who choose to 
transmit information electronically should e-mail to: [email protected]
    (1) The notification to the Interference Office, Arecibo Observatory 
shall be made prior to, or simultaneously with, the filing of the 
application with the Commission. The notification shall state the 
geographical coordinates of the antenna (NAD-83 datum), antenna height 
above ground, ground elevation at the antenna, antenna directivity and 
gain, proposed frequency and FCC Rule Part, type of emission, effective 
radiated power, and whether the proposed use is itinerant.

[[Page 56]]

Generally, submission of the information in the technical portion of the 
FCC license application is adequate notification. In addition, the 
applicant shall indicate in its application to the Commission the date 
notification was made to the Arecibo Observatory.
    (2) After receipt of such applications, the Commission will allow 
the Arecibo Observatory a period of 20 days for comments or objections 
in response to the notification indicated. The applicant will be 
required to make reasonable efforts in order to resolve or mitigate any 
potential interference problem with the Arecibo Observatory and to file 
either an amendment to the application or a modification application, as 
appropriate. If the Commission determines that an applicant has 
satisfied its responsibility to make reasonable efforts to protect the 
Observatory from interference, its application may be granted.
    (3) The provisions of this paragraph do not apply to operations that 
transmit on frequencies above 15 GHz.

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



Sec. Sec. 21.114-21.115  [Reserved]



Sec. 21.116  Topographical data.

    Determining the location and height above sea level of the antenna 
site, the elevation or contour intervals shall be taken from United 
States Geological Survey Topographic Quadrangle Maps, United States Army 
Corps of Engineers maps or Tennessee Valley Authority maps, whichever is 
the latest, for all areas for which such maps are available. If such 
maps are not published for the area in question, the next best 
topographic information should be used. Topographic data may sometimes 
be obtained from State and municipal agencies. Data from Sectional 
Aeronautical Charts (including bench marks) or railroad depot elevations 
and highway elevations from road maps may be used where no better 
information is available. In cases where limited topographic data is 
available, use may be made of an altimeter in a car driven along roads 
extending generally radially from the transmitter site. If it appears 
necessary, additional data may be requested. United States Geological 
Survey Topographic Quadrangle Maps may be obtained from the Department 
of the Interior, Geological Survey, Washington, DC 20242. Sectional 
Aeronautical Charts are available from the Department of Commerce, Coast 
and Geodetic Survey, Washington, DC 20230.

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



Sec. 21.117  Transmitter location.

    (a) The applicant shall determine, prior to filing an application 
for a radio station authorization, that the antenna site specified 
therein is adequate to render the service proposed. In cases of 
questionable antenna locations, it is desirable to conduct propagation 
tests to indicate the field intensity which may be expected in the 
principal areas or at the fixed points of communication to be served, 
particularly where severe shadow problems may be expected. In 
considering applications proposing the use of such locations, the 
Commission may require site survey tests to be made pursuant to a 
developmental authorization in the particular service concerned. In such 
cases, propagation tests should be conducted in accordance with 
recognized engineering methods and should be made with a transmitting 
antenna simulating, as near as possible, the proposed antenna 
installation. Full data obtained from such surveys and its analysis, 
including a description of the methods used and the name, address and 
qualifications of the engineer making the survey, must be supplied to 
the Commission.
    (b) The owner of the antenna structure should locate and construct 
such structure as to avoid making them hazardous to air navigation. (See 
part 17 of this chapter for provisions relating to antenna structures.) 
Such installation shall be maintained in good structural condition 
together with any required painting or lighting.

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

[[Page 57]]



Sec. 21.118  Transmitter construction and installation.

    (a) The equipment at the operating and transmitting positions shall 
be so installed and protected that it is not accessible to, or capable 
of being operated by, persons other than those duly authorized by the 
licensee.
    (b) In any case where the maximum modulating frequency of a 
transmitter is prescribed by the Commission, the transmitter shall be 
equipped with a low-pass or band-pass modulation filter of suitable 
performance characteristics. In those cases where a modulation limiter 
is employed, the modulation filter shall be installed between the 
transmitter stage in which limiting is effected and the modulated stage 
of the transmitter.
    (c) Each transmitter employed in these services shall be equipped 
with an appropriately labeled pilot lamp or meter which will provide 
continuous visual indication at the transmitter when its control 
circuits have been placed in a condition to activate the transmitter. 
Such requirement will not be applicable to MDS response stations or MDS 
booster stations authorized pursuant to Sec. 21.913(e). In addition, 
facilities shall be provided at each transmitter to permit the 
transmitter to be turned on and off independently of any remote control 
circuits associated therewith.
    (d) [Reserved]
    (e) At each transmitter control point the following facilities shall 
be installed:
    (1) A carrier operated device which will provide continuous visual 
indication when the transmitter is radiating, or, in lieu thereof, a 
pilot lamp or meter which will provide continuous visual indication when 
the transmitter control circuits have been placed in a condition to 
activate the transmitter.
    (2) Facilities which will permit the operator to turn transmitter 
carrier on and off at will.
    (f) Transmitter control circuits from any control point shall be so 
installed that grounding or shorting any line in the control circuit 
will not cause the transmitter to radiate: Provided, however, That this 
provision shall not be applicable to control circuits of stations which 
normally operate with continuous radiation or to control circuits which 
are under the effective operational control of responsible operating 
personnel 24 hours per day.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37783, Oct. 9, 1987; 63 
FR 65101, Nov. 25, 1998]



Sec. 21.119  [Reserved]



Sec. 21.120  Authorization of transmitters.

    (a) Except for transmitters used at developmental stations, each 
transmitter shall be a type which has been certificated by the 
Commission for use under the applicable rules of this part.
    (b) Any manufacturer of a transmitter to be produced for use under 
the rules of this part may request certification by following the 
applicable procedures set forth in part 2 of this chapter. Type accepted 
and notified transmitters are included in the Commission's Radio 
Equipment List.
    (c) Certification for an individual transmitter may also be 
requested by an applicant for a station authorization, pursuant to the 
procedures set forth in part 2 of this chapter.

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



Sec. 21.121  [Reserved]



Sec. 21.122  Microwave digital modulation.

    (a) Microwave transmitters employing digital modulation techniques 
and operating below 15 GHz shall, with appropriate multiplex equipment, 
comply with the following additional requirement: The bit rate, in bits 
per second, shall be equal to or greater than the bandwidth specified by 
the emission designator in Hertz (e.g., to be acceptable, equipment 
transmitting at a 6 Mb/s rate must not require a bandwidth of greater 
than 6 MHz), except the bandwidth used to calculate the minimum rate 
shall not include any authorized guard band.
    (b) For purposes of compliance with the emission limitation 
requirements of Sec. 21.106(a)(2) of this part and the requirements of 
paragraph (a) of this section, digital modulation techniques are 
considered as being employed when

[[Page 58]]

digital modulation contributes 50 percent or more to the total peak 
frequency deviation of a transmitted radio frequency carrier. The total 
peak frequency deviation shall be determined by adding the deviation 
produced by the digital modulation signal and the deviation produced by 
any frequency division multiplex (FDM) modulation used. The deviation 
(D) produced by the FDM signal shall be determined in accordance with 
Sec. 2.202(f) of part 2 of this chapter.
    (c) Transmitters employing digital modulation techniques shall 
effectively eliminate carrier spikes or single frequency tones in the 
output signal to the degree which would be obtained without repetitive 
patterns occurring in the signal.

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



                      Subpart D_Technical Operation



Sec. 21.200  Station inspection.

    The licensee of each station authorized in the radio services 
included in this part shall make the station available for inspection by 
representatives of the Commission at any reasonable hour.

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



Sec. 21.201  Posting of station license.

    (a) The instrument of authorization, a clearly legible photocopy 
thereof, or the name, address and telephone number of the custodian of 
the instrument of authorization shall be available at each station, 
booster station authorized pursuant to Sec. 21.913(b) and MDS response 
station hub. Each operator of an MDS booster station shall post at the 
booster station the name, address and telephone number of the custodian 
of the notification filed pursuant to Sec. 21.913(e) if such 
notification is not maintained at the booster station.
    (b) If an MDS station, an MDS booster station or an MDS response 
station hub is operated unattended, the call sign and name of the 
licensee shall be displayed such that it may be read within the vicinity 
of the transmitter enclosure or antenna structure.

[64 FR 63731, Nov. 22, 1999]



Sec. Sec. 21.202-21.208  [Reserved]



Sec. 21.209  Communications concerning safety of life and property.

    (a) Handling and transmission of messages concerning the safety of 
life or property which is in imminent danger shall be afforded priority 
over other messages.
    (b) No person shall knowingly cause to be transmitted any false or 
fraudulent message concerning the safety of life or property, or refuse 
upon demand immediately to relinquish the use of a radio circuit to 
enable the transmission of messages concerning the safety of life or 
property which is in imminent danger, or knowingly interfere or 
otherwise obstruct the transmission of such messages.



Sec. 21.210  Operation during emergency.

    The licensee of any station in these services may, during a period 
of emergency in which normal communication facilities are disrupted as a 
result of hurricane, flood, earthquake, or similar disaster, utilize 
such station for emergency communication service in a manner other than 
that specified in the instrument of authorization: Provided, That (a) 
That as soon as possible after the beginning of such emergency use, 
notice be sent to the Commission at Washington, D.C. stating the nature 
of the emergency and the use to which the station is being put, and (b) 
that the emergency use of the station shall be discontinued as soon as 
substantially normal communication facilities are again available, and 
(c) that the Commission at Washington, D.C. shall be notified 
immediately when such special use of the station is terminated, and (d) 
that, in no event, shall any station engage in emergency transmission on 
frequencies other than, or with power in excess of, that specified in 
the instrument of authorization or as otherwise expressly provided by 
the Commission, or by law, and (e) that the Commission may, at any time, 
order

[[Page 59]]

the discontinuance of any such emergency communication.

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



Sec. 21.211  Suspension of transmission.

    Transmission shall be suspended immediately upon detection by the 
station or operator licensee or upon notification by the Commission of a 
deviation from the technical requirements of the station authorization 
and shall remain suspended until such deviation is corrected, except for 
transmission concerning the immediate safety of life or property, in 
which case transmission shall be suspended immediately after the 
emergency is terminated.



                         Subpart E_Miscellaneous



Sec. 21.300  [Reserved]



Sec. 21.301  National defense; free service.

    Any common carrier or Multipoint Distribution Service non-common 
carrier authorized under the rules of this part may render to any agency 
of the United States Government free service in connection with the 
preparation for the national defense. Every such carrier or Multipoint 
Distribution Service non-common carrier rendering any such free service 
shall make and file, in duplicate, with the Commission, on or before the 
31st of July and on or before the 31st day of January in each year, 
reports covering the periods of 6 months ending on the 30th of June and 
the 31st of December, respectively, next prior to said dates. These 
reports shall show the names of the agencies to which free service was 
rendered pursuant to this rule, the general character of the 
communications handled for each agency, and the charges in dollars which 
would have accrued to the carrier or Multipoint Distribution Service 
non-common carrier for such service rendered to each agency if charges 
for such communications had been collected at the published tariff 
rates.

[52 FR 27555, July 22, 1987]



Sec. 21.302  Answers to notices of violation.

    Any person receiving official notice of a violation of the terms of 
the Communications Act of 1934, as amended, any other Federal statute or 
Executive Order pertaining to radio or wire communications or any 
international radio or wire communications treaty or convention, or 
regulations annexed thereto to which the United States is a party, or 
the rules and regulations of the Federal Communications Commission, 
shall, within 10 days from such receipt, send a written answer to the 
office of the Commission originating the official notice. If an answer 
cannot be sent or an acknowledgment made within such 10-day period by 
reason of illness or other unavoidable circumstances, acknowledgment and 
answer shall be made at the earliest practicable date with a 
satisfactory explanation of the delay. The answer to each notice shall 
be complete in itself and shall not be abbreviated by reference to other 
communications or answers to other notices. If the notice relates to 
some violation that may be due to the physical or electrical 
characteristics of transmitting apparatus, the answer shall state fully 
what steps have been taken to prevent future violations, and, if any new 
apparatus is to be installed, the date such apparatus was ordered, the 
name of the manufacturer, and promised date of delivery. If the 
installation of such apparatus requires a construction permit, the file 
number of the application shall be given or, if a file number has not 
been assigned by the Commission, such identification as will permit 
ready reference thereto. If the notice of violation relates to 
inadequate maintenance resulting in improper operation of the 
transmitter, the name and license number of the operator performing the 
maintenance shall be given. If the notice of violation relates to some 
lack of attention to, or improper operation of, the transmitter by other 
employees, the reply shall set forth the steps taken to prevent a 
recurrence of such lack of attention or improper operation.



Sec. 21.303  Discontinuance, reduction or impairment of service.

    (a) If the public communication service provided by a station 
subject to

[[Page 60]]

this rule part is involuntarily discontinued, reduced or impaired for a 
period exceeding 48 hours, the station licensee shall promptly give 
notification thereof in writing to the Wireless Telecommunications 
Bureau at Washington, DC 20554. In every such case, the licensee shall 
furnish full particulars as to the reasons for such discontinuance, 
reduction or impairment of service, including a statement as to when 
normal service is expected to be resumed. When normal service is 
resumed, prompt notification thereof shall be given in writing to the 
Wireless Telecommunications Bureau at Federal Communications Commission, 
Washington, DC 20554.
    (b) No station licensee subject to title II of the Communications 
Act of 1934, as amended, shall voluntarily discontinue, reduce or impair 
public communication service to a community or part of a community 
without obtaining prior authorization from the Commission pursuant to 
the procedures set forth in part 63 of this chapter or complying with 
the requirements set forth at Sec. 21.910. In the event that permanent 
discontinuance of service is authorized by the Commission, the station 
licensee shall promptly send the station license for cancellation to the 
Wireless Telecommunications Bureau at Federal Communications Commission, 
Washington, DC 20554, except that station licenses need not be 
surrendered for cancellation if the discontinuance is a result of a 
change of status by a Multipoint Distribution Service licensee from 
common carrier to non-common carrier pursuant to Sec. 21.910.
    (c) Any station licensee, not subject to title II of the 
Communications Act of 1934, as amended, who voluntarily discontinues, 
reduces or impairs public communication service to a community or a part 
of a community shall give written notification to the Commission within 
7 days thereof. In the event of permanent discontinuance of service, the 
station licensee shall promptly send the station license for 
cancellation to the Wireless Telecommunications Bureau at Federal 
Communications Commission, Washington, DC 20554, except that Multipoint 
Distribution Service station licenses need not be surrendered for 
cancellation if the discontinuance is a result of a change of status by 
a Multipoint Distribution Service licensee from non-common carrier to 
common carrier.
    (d) If any radio frequency should not be used to render any service 
as authorized during a consecutive period of twelve months at any time 
after construction is completed and a certification of completion of 
construction has been filed, under circumstances that do not fall within 
the provisions of paragraph (a), (b) or (c) of this section, or, if 
removal of equipment or facilities has rendered the station not 
operational, the licensee shall, within thirty days of the end of such 
period of nonuse:
    (1) Submit for cancellation the station license (or licenses) to the 
Commission at Washington, DC 20554.
    (2) File an application for modification of the license (or 
licenses) to delete the unused frequency (or frequencies); or
    (3) Request waiver of this rule and demonstrate either that the 
frequency will be used (as evidenced by appropriate requests for 
service, etc.) within six months of the end of the initial period of 
nonuse, or that the frequency will be converted to allow rendition of 
other authorized public services within one year of the end of the 
initial period of nonuse by the filing of appropriate applications 
within six months of the end of the period of nonuse.

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

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 27555, July 22, 1987; 
52 FR 37784, Oct. 9, 1987; 58 FR 19774, Apr. 16, 1993; 61 FR 26676, May 
28, 1996; 67 FR 13230, Mar. 21, 2002]



Sec. 21.304  Tariffs, reports, and other material required to be submitted 
to the Commission.

    Sections 1.771 through 1.815 of this chapter contain summaries of 
certain materials and reports, including schedule of charges and 
accounting and financial reports, which, when applicable, must be filed 
with the Commission. These requirements likewise shall

[[Page 61]]

apply to licensees which alternate between rendering service on a common 
carrier and non-common carrier basis.

[63 FR 65102, Nov. 25, 1998; 64 FR 4054, Jan. 27, 1999]



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

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

[44 FR 60534, Oct. 19, 1979, as amended at 67 FR 13224, Mar. 21, 2002]



Sec. 21.306  Requirement that licensees respond to official communications.

    All licensees in these services are required to respond to official 
communications from the Commission with reasonable dispatch and 
according to the tenor of such communications. Failure to do so will be 
given appropriate consideration in connection with any subsequent 
applications which the offending party may file and may result in the 
designation of such applications for hearing, or in appropriate cases, 
the institution of proceedings looking to the modification or revocation 
of the pertinent authorizations.

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



Sec. 21.307  Equal employment opportunities.

    (a) General policy. Equal opportunities in employment must be 
afforded by all common carrier and Multipoint Distribution Service non-
common carrier licensees or conditional licensees to all qualified 
persons, and no personnel shall be discriminated against in employment 
because of sex, race, color, religion, or national origin.
    (b) Equal employment opportunity program. Each licensee or 
conditional licensee must establish, maintain, and carry out, a positive 
continuing program of specific practices designed to assure equal 
opportunity in every aspect of employment policy and practice. Under the 
terms of its program, a licensee or conditional licensee must:
    (1) Define the responsibility of each level of management to insure 
a positive application and vigorous enforcement of the policy of equal 
opportunity, and establish a procedure to review and control managerial 
and supervisory performance.
    (2) Inform its employees and recognized employee organizations of 
the positive equal employment opportunity policy and program and enlist 
their cooperation.
    (3) Communicate its equal employment opportunity policy and program 
and its employment needs to sources of qualified applicants without 
regard to sex, race, color, religion, or national origin, and solicit 
their recruitment assistance on a continuing basis.
    (4) Conduct a continuing campaign to exclude every form of prejudice 
or discrimination based upon sex, race, color, religion, or national 
origin, from the licensee's or conditional licensee's personnel policies 
and practices and working conditions.
    (5) Conduct a continuing review of job structure and employment 
practices and adopt positive recruitment, training, job design and other 
measures needed in order to insure genuine equality of opportunity to 
participate fully in all organizational units, occupations and levels of 
responsibility.
    (c) Additional information to be furnished to the Commission. (1) 
Equal Employment Programs to be filed by common carrier and Multipoint 
Distribution Service non-common carrier licensees and conditional 
licensees:
    (i) All licensees or conditional licensees must file a statement of 
their equal employment opportunity program not later than December 17, 
1970, indicating specific practices to be followed in order to assure 
equal employment opportunity on the basis of sex, race, color, religion, 
or national origin in such aspects of employment practices as regards 
recruitment, selection, training, placement, promotion, pay, working 
conditions, demotion, layoff and termination.
    (A) Any changes or amendments to existing programs should be filed 
with the Commission on April 1 of each year thereafter.

[[Page 62]]

    (B) If a licensee or conditional licensee has fewer than 16 full-
time employees, no such statement need be filed.
    (2) The program should reasonably address itself to such specific 
areas as set forth below, to the extent that they are appropriate in 
terms of licensee size, location, etc.
    (i) To assure nondiscrimination in recruiting. (A) Posting notices 
in the licensee's or conditional licensee's offices informing applicants 
for employment of their equal employment rights and their right to 
notify the Equal Employment Opportunity Commission, the Federal 
Communications Commission, or other appropriate agency. Where a 
substantial number of applicants are Spanish-surnamed Americans such 
notice should be posted in Spanish and English.
    (B) Placing a notice in bold type on the employment application 
informing prospective employees that discrimination because of sex, 
race, color, religion, or national origin is prohibited and that they 
may notify the Equal Employment Opportunity Commission, the Federal 
Communications Commission or other appropriate agency if they believe 
they have been discriminated against.
    (C) Placing employment advertisements in media which have 
significant circulation among minority-group people in the recruiting 
area.
    (D) Recruiting through schools and colleges with significant 
minority group enrollments.
    (E) Maintaining systematic contacts with minority and human 
relations organizations, leaders, and spoksmen to encourage referral of 
qualified minority or female applicants.
    (F) Encouraging present employees to refer minority or female 
applicants.
    (G) Making known to the appropriate recruitment sources in the 
employer's immediate area that qualified minority members are being 
sought for consideration whenever the licensee or conditional licensee 
hires.
    (ii) To assure nondiscrimination in selection and hiring. (A) 
Instructing personally those on the staff of the licensee or conditional 
licensee who make hiring decisions that all applicants for all jobs are 
to be considered without discrimination.
    (B) Where union agreements exist, cooperating with the union or 
unions in the development of programs to assure qualified minority 
persons or females of equal opportunity for employment, and including an 
effective nondiscrimination clause in new or renegotiated union 
agreements.
    (C) Avoiding use of selection techniques or tests which have the 
effect of discriminating against minority groups or females.
    (iii) To assure nondiscriminatory placement and promotions. (A) 
Instructing personally those of the licensee's or conditional licensee's 
staff who make decisions on placement and promotion that minority 
employees and females are to be considered without discrimination, and 
that job areas in which there is little or no minority or female 
representation should be reviewed to determine whether this results from 
discrimination.
    (B) Giving minority groups and female employees equal opportunity 
for positions which lead to higher positions. Inquiring as to the 
interest and skills of all lower-paid employees with respect to any of 
the higher-paid positions, followed by assistance, counseling, and 
effective measures to enable employees with interest and potential to 
qualify themselves for such positions.
    (C) Reviewing seniority practices to insure that such practices are 
nondiscriminatory and do not have a discriminatory effect.
    (D) Avoiding use of selection techniques or tests, which have the 
effect of discriminating against minority groups or females.
    (iv) To assure nondiscrimination in other areas of employment 
practices. (A) Examining rates of pay and fringe benefits for present 
employees with equivalent duties, and adjusting any inequities found.
    (B) Providing opportunity to perform overtime work on a basis that 
does not discriminate against qualified minority groups or female 
employees.
    (d) Report of complaints filed against licensees and conditional 
licensees. (1) All licensees or conditional licensees must submit an 
annual report to the FCC no

[[Page 63]]

later than May 31 of each year indicating whether any complaints 
regarding violations by the licensee or conditional licensee or equal 
employment provisions of Federal, State, Territorial, or local law have 
been filed before anybody having competent jurisdiction.
    (i) The report should state the parties involved, the date filing, 
the courts or agencies before which the matters have been heard, the 
appropriate file number (if any), and the respective disposition or 
current status of any such complaints.
    (ii) Any licensee or conditional licensee who has filed such 
information with the EEOC need not do so with the Commission, if such 
previous filing is indicated.
    (e) Complaints of violations of equal employment programs. (1) 
Complaints alleging employment discrimination against a common carrier 
or Multipoint Distribution Service non-common carrier licensee or 
conditional licensee will be considered by the Commission in the 
following manner:
    (i) If a complaint raising an issue of discrimination is received 
against a licensee or conditional licensee who is within the 
jurisdiction of the EEOC, it will be submitted to that agency. The 
Commission will maintain a liaison with that agency which will keep the 
Commission informed of the disposition of complaints filed against any 
of the common carrier or Multipoint Distribution Service non-common 
carrier licensees or conditional licensees.
    (ii) Complaints alleging employment discrimination against a common 
carrier or Multipoint Distribution Service non-common carrier licensee 
or conditional licensee who does not fall under the jurisdiction of the 
EEOC but is covered by appropriate enforceable State law, to which 
penalties apply, may be submitted by the Commission to the respective 
state agency.
    (iii) Complaints alleging employment discrimination against a common 
carrier or Multipoint Distribution Service non-common carrier licensee 
or conditional licensee who does not fall under the jurisdiction of the 
EEOC or an appropriate State law, will be accorded appropriate treatment 
by the FCC.
    (iv) The Commission will consult with the EEOC on all matters 
relating to the evaluation and determination of compliance with the 
common carrier and Multipoint Distribution Service non-common carrier 
licensees or conditional licensees with the principles of equal 
employment as set forth herein.
    (2) Complaints indicating a general pattern of disregard of equal 
employment practices which are received against a licensee or 
conditional licensee who is required to file an employment report to the 
Commission under Sec. 1.815(a) of this chapter, will be investigated by 
the Commission.
    (f) Records available to the public--(1) Commission records. A copy 
of every annual employment report, equal employment opportunity 
programs, and reports on complaints regarding violations of equal 
employment provisions of Federal, State, territorial, or local law, and 
copies of all exhibits, letters, and other documents filed as part 
thereof, all amendments thereto, all correspondence between the 
conditional licensee or licensee and the Commission pertaining to the 
reports after they have been filed and all documents incorporated 
therein by reference, are open for public inspection at the offices of 
the Commission.
    (2) Records to be maintained locally for public inspection by 
licensees or conditional licensees--(i) Records to be maintained. Each 
common carrier or Multipoint Distribution Service non-common carrier 
licensee or conditional licensee required to file annual employment 
reports, equal employment opportunity programs, and annual reports on 
complaints regarding violations of equal employment provisions of 
Federal, State, territorial, or local law must maintain, for public 
inspection, in the same manner and in the same locations as required for 
the keeping and posting of tariffs as set forth in Sec. 61.72 of this 
chapter, a file containing a copy of each such report and copies of all 
exhibits, letters, and other documents filed as part thereto, all 
correspondence between the conditional licensee or licensee and the 
Commission pertaining to the reports after they have been filed and all 
documents incorporated therein by reference.

[[Page 64]]

    (ii) Period of retention. The documents specified in paragraph 
(f)(2)(i) of this section shall be maintained for a period of 2 years.
    (g) Cross reference. Applicability of cable television EEO 
requirements to MDS and MMDS facilities, see Sec. 21.920.

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



                 Subpart F_Developmental Authorizations



Sec. 21.400  Eligibility.

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



Sec. 21.401  Scope of service.

    Developmental authorizations may be issued for:
    (a) Field strength surveys relative to or precedent to the filing of 
applications for licenses, in connection with the selection of suitable 
locations for stations proposed to be established in any of the 
regularly established radio services regulated by the rules of this 
part; or
    (b) The testing of existing or authorized antennas, wave guides, or 
transmission paths.

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



Sec. 21.402  Adherence to program of research and development.

    The program of research and development, as stated by an applicant 
in the application for license or stated in the instrument of station 
authorization, shall be substantially adhered to unless the licensee is 
otherwise authorized by the Commission.

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



Sec. 21.403  Special procedure for the development of a new service or 

for the use of frequencies not in accordance with the provisions of the 
rules in this part.

    (a) An authorization for the development of a new common carrier 
service not in accordance with the provisions of the rules in this part 
may be granted for a limited time, but only after the Commission has 
made a preliminary determination with respect to the factors set forth 
in this paragraph, as each case may require. This procedure also applies 
to any application that involves use of a frequency which is not in 
accordance with the provisions of the rules in this part, although in 
accordance with the Table of Frequency Allocations contained in part 2 
of this chapter. (An application which involves use of a frequency which 
is not in accordance with the Table of Frequency Allocations in part 2 
of this chapter should be filed in accordance with the provisions of 
part 5 of this chapter, Experimental Radio Services (other than 
Broadcast).) The factors with respect to which the Commission will make 
a preliminary determination before acting on an application filed under 
this paragraph are as follows:
    (1) That the public interest, convenience or necessity warrants 
consideration of the establishment of the proposed service or the use of 
the proposed frequency;
    (2) That the proposed operation appears to warrant consideration to 
effect a change in the provisions of the rules in this part; and/or
    (3) That some operational data should be developed for consideration 
in any rule making proceeding which may be initiated.
    (b) Applications for stations which are intended to be used in the 
development of a proposed service shall be accompanied by a petition to 
amend the Commission's rules with respect to frequencies and such other 
items as may be necessary to provide for the regular establishment of 
the proposed service.

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

[[Page 65]]



Sec. 21.404  Terms of grant; general limitations.

    (a) Developmental authorizations normally shall be issued for one 
year, or such shorter term as the Commission may deem appropriate in any 
particular case, and shall be subject to cancellation without hearing by 
the Commission at any time upon notice to the licensee.
    (b) Where some phases of the developmental program are not covered 
by the general rules of the Commission or by the rules of this part, the 
Commission may specify supplemental or additional requirements or 
conditions in each case as it may deem necessary in the public interest, 
convenience or necessity.
    (c) Frequencies allocated to the service toward which such 
development is directed will be assigned for developmental operation on 
the basis that no interference will be caused to the regular services of 
stations operating in accordance with the Commission's Table of 
Frequency Allocations (Sec. 2.106 of this chapter).
    (d) The rendition of communication service for hire is not permitted 
under any developmental authorizations unless specifically authorized by 
the Commission.
    (e) The grant of a developmental authorization carries with it no 
assurance that the developmental program, if successful, will be 
authorized on a permanent basis either as to the service involved or the 
use of the frequencies assigned or any other frequencies.



Sec. 21.405  Supplementary showing required.

    (a) Authorizations for development of a proposed radio service in 
the services included in this part will be issued only upon a showing 
that the applicant has a definite program of research and development, 
the details of which shall be set forth, which has reasonable promise of 
substantial contribution to these services within the term of such 
authorization. A specific showing should be made as to the factors which 
qualify the applicant technically to conduct the research and 
development program, including a description of the nature and extent of 
engineering facilities that the applicant has available for such 
purposes.
    (b) Expiring developmental authorizations may be renewed only upon 
the applicant's compliance with the applicable requirements of Sec. 
21.406 (a) and (b) relative to the authorization sought to be renewed 
and upon a factual showing that further progress in the program of 
research and development requires further radio transmission and that 
the public interest, convenience or necessity would be served by renewal 
of such authorization.

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



Sec. 21.406  Developmental report required.

    (a) Upon completion of the program of research and development, or, 
in any event, upon the expiration of the instrument of station 
authorization under which such investigations were permitted, or at such 
times during the term of the station authorization as the Commission may 
deem necessary to evaluate the progress of the developmental program, 
the licensee shall submit, in duplicate, a comprehensive report on the 
following items, in the order designated:
    (1) Report on the various phases of the project which were 
investigated.
    (2) Total number of hours of operation on each frequency assigned.
    (3) Copies of any publication on the project.
    (4) A listing of any patents applied for, including copies of any 
patents issued as a consequence of the activities carried forth under 
the authorization.
    (5) Detailed analysis of the result obtained.
    (6) Any other pertinent information.
    (b) In addition to the information required by paragraph (a) of this 
section, the developmental report of a station authorized for the 
development of a proposed radio service shall include comprehensive 
information on the following items:
    (1) Probable public support and methods of its determination.
    (2) Practicability of service operations.
    (3) Interference encountered.

[[Page 66]]

    (4) Pertinent information relative to merits of the proposed 
service.
    (5) Propagation characteristics of frequencies used, particularly 
with respect to the service objective.
    (6) Frequencies believed to be more suitable and reasons therefor.
    (7) Type of signals or communications employed in the experimental 
work.
    (c) Normally, developmental reports will be made a part of the 
Commission's public records. However, an applicant may request that the 
Commission withhold from the public certain reports and associated 
material relative to the accomplishments achieved under developmental 
authorization, and, if it appears that such information should be 
withheld, the Commission will so direct.

Subparts G-J [Reserved]



                Subpart K_Multipoint Distribution Service



Sec. 21.900  Eligibility.

    (a) Authorizations for stations in this service will be granted to 
existing and proposed communications common carriers and non-common 
carriers. An application will be granted only in cases where it can be 
shown that:
    (1) The applicant is legally, financially, technically, and 
otherwise qualified to render the proposed service; and
    (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) The applicant shall state whether service will be provided 
initially on a common carrier basis or on a non-common carrier basis. An 
applicant proposing to provide initially common carrier service shall 
state whether there is any affiliation or relationship to any intended 
or likely subscriber or program originator.

[63 FR 65102, Nov. 25, 1998; 64 FR 4054, Jan. 27, 1999, as amended at 64 
FR 63731, Nov. 22, 1999]

    Effective Date Note: At 63 FR 65103, Nov. 25, 1998, Sec. 21.900 was 
revised. Paragraph (a)(2) contains information and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec. 21.901  Frequencies.

    (a) Frequencies in the bands 2150-2162 MHz, 2596-2644 MHz, 2650-2656 
MHz, 2662-2668 MHz, 2674-2680 MHz and 2686-2690 MHz are available for 
assignment to fixed stations in this service. Frequencies in the band 
2150-2160 MHz are shared with nonbroadcast omnidirectional radio systems 
licensed under other parts of the Commission's Rules, and frequencies in 
the band 2160-2162 MHz are shared with directional radio systems 
authorized in other common carrier services. Frequencies in the 2596-
2644 MHz band are shared with Instructional Television Fixed Service 
stations licensed under part 74 of the Commission's Rules. Channels I5, 
I13, I6 and I14, listed in Sec. 74.939(j) of this chapter, are assigned 
to fixed stations in the 2596-2620 band, and are shared with 
Instructional Television Fixed Service Stations licensed under part 74 
of the Commission's Rules to operate in this band; grandfathered 
channels I21, I29, I22 and I30, listed in Sec. 74.939(j) of this 
chapter, are licensed under part 21 or part 74 of the Commission's 
Rules, as applicable.
    (b) Applicants may be assigned a channel(s) according to one of the 
following frequency plans:
    (1) At 2150-2156 MHz (designated as Channel 1), or
    (2) At 2156-2162 MHz (designated as Channel 2), or
    (3) At 2156-2160 MHz (designated as Channel 2A), or
    (4) At 2596-2602 MHz, 2608-2614 MHz, 2620-2626 MHz, and 2632-2638 
MHz (designated as Channels E1, E2, E3 and E4, respectively, with the 
four channels to be designated the E-group channels), and Channels I5 
and I13 listed in Sec. 74.939(j) of this chapter,\1\ or
    (5) At 2602-2608 MHz, 2614-2620 MHz, 2626-2632 MHz and 2638-2644 MHz 
(designated as Channels F1, F2, F3 and F4, respectively, with the four 
channels to be designated the F-group channels), and Channels I6 and 
I14, listed in Sec. 74.939(j) of this chapter,\1\ or
    (6) At 2650-2656 MHz, 2662-2668 MHz and 2674-2680 MHz (designated as 
Channels H1, H2 and H3, respectively, with

[[Page 67]]

the three channels to be designated the H-group channels).\1\
---------------------------------------------------------------------------

    \1\ No 125 kHz channels are provided for Channels E3, E4, F3, F4, 
H1, H2 and H3, except for those grandfathered for Channels E3, E4, F3 
and F4. The 125 kHz channels associated with Channels E3, E4, F3, F4, 
H1, H2 and H3 are allocated to the Private Operational Fixed Point-to-
Point Microwave Service, pursuant to Sec. 101.147(g) of this chapter.
---------------------------------------------------------------------------

    (c) Channel 2 will be assigned only where there is evidence that no 
harmful interference will occur to any authorized point-to-point 
facility in the 2160-2162 MHz band. Channel 2 may be assigned only if 
the transmitting antenna of the station is to be located within 16.1 
kilometers (10 miles) of the coordinates of the following metropolitan 
areas:

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

    (d) An MDS licensee or conditional licensee may apply to exchange 
evenly one or more of its assigned channels with another MDS licensee or 
conditional licensee in the same system, or with an ITFS licensee or 
conditional licensee in the same system. The licensees or conditional 
licensees seeking to exchange channels shall file in tandem with the 
Commission separate pro forma assignment of license applications, each 
attaching an exhibit which clearly specifies that the application is 
filed pursuant to a channel exchange agreement. The exchanged channel(s) 
shall be regulated according to the requirements applicable to the 
assignee.
    (e) Frequencies in the band segments 18,580-18,820 MHz and 18,920-
19,160 MHz that were licensed or had applications pending before the 
Commission as of September 18, 1998 may continue those operations for 
point-to-point return links from a subscriber's location on a shared co-
primary basis with other services under parts 25, 74, 78 and 101 of this 
chapter until June 8, 2010. Prior to June 8, 2010, such stations are 
subject to relocation by licensees in the fixed-satellite service. Such 
relocation is subject to the provisions of Sec. Sec. 101.85 through 
101.97 of this chapter. After June 8, 2010, such operations are not 
entitled to protection from fixed-satellite service operations and must 
not cause unacceptable interference to fixed-satellite service station 
operations. No applications for new licenses will be accepted in these 
bands after June 8, 2000.

[[Page 68]]

    (f) MDS H-channel applications. Frequencies in the bands 2650-2656 
MHz, 2662-2668 MHz, or 2674-2680 MHz must be assigned only in accordance 
with the following conditions: All applications for MDS H-channel 
stations must specify either the H1, H2, or H3 channel for which an 
application is filed; however, the Commission may on its own initiative 
assign different channels in these frequency bands if it is determined 
that such action would serve the public interest.
    (g) Frequencies in the bands 2150-2162 MHz, 2596-2644 MHz, 2650-2656 
MHz, 2662-2668 MHz and 2674-2680 MHz are available for point-to-
multipoint use and/or for communications between MDS response stations 
and response station hubs when authorized in accordance with the 
provisions of Sec. 21.909, provided that such frequencies may be 
employed for MDS response stations only when transmitting using digital 
modulation.

[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 33900, July 26, 1983; 
49 FR 25479, June 21, 1984; 49 FR 37777, Sept. 26, 1984; 55 FR 46009, 
Oct. 31, 1990; 56 FR 57598, Nov. 13, 1991; 56 FR 57817, Nov. 14, 1991; 
58 FR 11798, Mar. 1, 1993; 58 FR 44895, Aug. 25, 1993; 60 FR 36552, July 
17, 1995; 61 FR 26676, May 28, 1996; 63 FR 65102, Nov. 25, 1998; 64 FR 
4054, Jan. 27, 1999; 64 FR 63731, Nov. 22, 1999; 65 FR 54169, Sept. 7, 
2000; 68 FR 16965, Apr. 8, 2003]



Sec. 21.902  Interference.

    (a) All applicants, conditional licensees, and licensees shall make 
exceptional efforts to avoid harmful interference to other users and to 
avoid blocking potential adjacent channel use in the same city and 
cochannel use in nearby cities. In areas where major cities are in close 
proximity, careful consideration should be given to minimum power 
requirements and to the location, height, and radiation pattern of the 
transmitting antenna. Licensees, conditional licensees, and applicants 
are expected to cooperate fully in attempting to resolve problems of 
potential interference before bringing the matter to the attention of 
the Commission.
    (b) As a condition for use of frequency in this service, each 
applicant, conditional licensee, and licensee is required to:
    (1) Not enter into any lease or contract or otherwise take any 
action that would unreasonably prohibit location of another station's 
transmitting antenna at any given site inside its own protected service 
area.
    (2) Cooperate fully and in good faith to resolve interference and 
transmission security problems.
    (3) Engineer the system to provide at least 45 dB of cochannel 
interference protection within the 56.33 km (35 mile) protected service 
area of any authorized or previously-proposed ITFS or incumbent MDS 
station, and at each previously-registered ITFS receive site registered 
as of September 17, 1998 (or the appropriate value for bandwidths other 
than 6 MHz.)
    (4) Engineer the station to provide at least 0 dB of adjacent 
channel interference protection within the 56.33 km (35 mile) protected 
service area of any authorized or previously-proposed ITFS or incumbent 
MDS station, and at each previously-registered ITFS receive site 
registered as of September 17, 1998 (or the appropriate value for 
bandwidths other than 6 MHz.)
    (5)(i) Engineer the station to limit the calculated free space power 
flux density to -73 dBW/m \2\ (or the appropriate value for bandwidth 
other than 6 MHz) at the boundary of a 56.33 km (35 mile) protected 
service area, where there is an unobstructed signal path from the 
transmitting antenna to the boundary; or alternatively, obtain the 
written consent of the entity authorized for the adjoining area to 
exceed the -73 dBW/m \2\ limiting signal strength at the common 
boundary.
    (ii) In determining signal path conditions, the following shall be 
used: a 9.1 meter (30 feet) receiving antenna height, the transmitting 
antenna height, terrain elevations and 4/3 earth radius propagation 
conditions.
    (6) If a proposed station is within 80 km (50 miles) of the Canadian 
or Mexican border, the station must be designed to meet the requirements 
set forth in international treaties.
    (7) Notwithstanding the above, main, booster and response stations 
shall use the following formulas, as applicable, for determining 
compliance with: (1) Radiated field contour limits where

[[Page 69]]

bandwidths other than 6 MHz are employed at stations utilizing digital 
emissions; and (2) Cochannel and adjacent channel D/U ratios where the 
bandwidths in use at the interfering and protected stations are unequal 
and both stations are utilizing digital modulation or one station is 
utilizing digital modulation and the other station is utilizing either 6 
MHz NTSC analog modulation or 125 kHz analog modulation (I channels 
only).
    (i) Contour limit: -73 dBW/m\2\ + 10 log(X/6) dBW/m\2\, where X is 
the bandwidth in MHz of the digital channel.
    (ii) Co-channel D/U: 45 dB + 10 log(X1/X2) dB, 
where X1 is the bandwidth in MHz of the protected channel and 
X2 is the bandwidth in MHz of the interfering channel.
    (iii) Adjacent channel D/U: 0 dB + 10 log(X1/
X2), dB where X1 is the bandwidth in MHz of the 
protected channel and X2 is the bandwidth in MHz of the 
interfering channel.
    (c) The following interference studies must be prepared:
    (1) An analysis of the potential for harmful interference within the 
56.33 km (35 mile) protected service areas of any authorized or 
previously proposed incumbent station:
    (i) If the coordinates of the applicant's proposed transmitter are 
within 160.94 km (100 miles) of the center coordinates of any authorized 
or previously proposed incumbent station with protected service area of 
56.33 km (35 miles) as specified in Sec. 21.902(d); or
    (ii) If the great circle path between the applicant's proposed 
transmitter and the protected service area of any authorized, or 
previously-proposed, cochannel or adjacent-channel station(s) is within 
241.4 kilometers or less and 90 percent or more of the path is over 
water or within 16.1 kilometers of the coast or shoreline of the 
Atlantic Ocean, the Pacific Ocean, the Gulf of Mexico, any of the Great 
Lakes, or any bay associated with any of the above (see Sec. Sec. 
21.901(a) and 74.902 of this chapter);
    (2) Applicants may design interference studies in any manner that 
demonstrates the avoidance of harmful interference, as defined in this 
subpart.
    (i) In lieu of interference studies, applicants may submit in 
accordance with Sec. 21.938 a written statement of no objection to the 
operation of the MDS station.
    (ii) The Commission may direct applicants to submit interference 
studies of a specific nature.
    (3) Except for new stations proposed in applications filed after 
September 15, 1995, in the case of a proposal to operate a non-colocated 
station within the protected service area of an authorized, or 
previously proposed, adjacent channel station, an analysis that 
identifies the areas within the protected service areas of both the 
authorized or previously proposed adjacent channel station and the 
proposed station that cannot be protected as specified in Sec. 
21.902(b)(4) and an explanation of why the proposed station cannot be 
colocated with the existing or previously proposed station.
    (4) In the case of a proposal for use of channel 2, an analysis of 
the potential for harmful interference with any authorized point-to-
point station located within 80.5 kilometers (50 miles) which utilizes 
the 2160-2162 MHz band; and
    (d)(1) Subject to the limitations contained in paragraph (e) of this 
section, each MDS station licensee shall be protected from harmful 
electrical interference, as determined by the theoretical calculations, 
within a protected service area of which the boundary will be 56.3255 
kilometers (35 miles) from the transmitter site.
    (2) As of September 15, 1995, the location of these protected 
service area boundaries shall become fixed. The center of the circular 
area shall be the geographic latitude and longitude of the transmitting 
antenna site specified in station authorizations or previously proposed 
applications filed at the Commission before September 15, 1995. 
Subsequent transmitter site changes will not change the location of the 
56.3255 kilometers (35 mile) protected service area boundaries.
    (e) No MDS licensee will be protected from harmful interference 
caused by:
    (1) Any station with an earlier filing date.
    (2) Any station that was authorized before July 1984.
    (3) Any multichannel MDS station whose application was pending on 
September 9, 1983.

[[Page 70]]

    (f) In addressing potential harmful interference in this service, 
the following definitions, procedures and other criteria shall apply:
    (1) Cochannel interference is defined as the ratio of the desired 
signal to the undesired signal present in the desired channel, at the 
output of a reference receiving antenna oriented to receive the maximum 
desired signal. Harmful interference will be considered present when a 
calculation using a terrain sensitive signal propagation model 
determines that this ratio is less than 45 dB (or the appropriate value 
for bandwidths other than 6 MHz.)
    (2) Adjacent channel interference is defined as the ratio of the 
desired signal to undesired signal present in an adjacent channel, at 
the output of a reference receiving antenna oriented to receive the 
maximum desired signal level.
    (i) Harmful interference will be considered present when a 
calculation using a terrain sensitive model determines that this ratio 
is less than 0dB (or the appropriate value for bandwidths other than 6 
MHz.)
    (ii) In the alternative, harmful interference will be considered 
present for an ITFS station constructed before May 26, 1983, when a 
calculation using a terrain-sensitive propagation model determines that 
this ratio is less than 10 dB (or the appropriate value for bandwidths 
other than 6 MHz.) unless:
    (A) The individual receive site under consideration has been 
subsequently upgraded with up-to-date reception equipment, in which case 
the ratio shall be less than 0 dB. Absent information presented to the 
contrary, however, the Commission will assume that reception equipment 
installation occurred simultaneously with original station equipment; or
    (B) The license for an MDS station is conditioned on the proffer to 
the affected ITFS station licensee of equipment capable of providing a 
ratio of 0 dB or more at no expense to the ITFS station licensee, and 
also conditioned, if necessary, on the proffer of installation of such 
equipment; and there has been no showing by the affected ITFS station 
licensee demonstrating good cause and that the proposed equipment will 
not provide a ratio of 0 dB or more, or that installation of such 
equipment, at no expense to the ITFS station licensee, is not possible 
or has not been proffered.
    (3) For purposes of this section all interference calculations 
involving receive antenna performance shall use the reference antenna 
characteristics shown in figure 1.

[[Page 71]]

[GRAPHIC] [TIFF OMITTED] TC01MR91.040

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

(RSL)dBW=(EIRP)dBW-
    (LFS)dB+(GAR)dB
where the free space loss (LFS) is

[[Page 72]]

(LFS)dB=20 log (4d/)dB

in which the parameters are defined as follows:

(RSL)dBW is the received power in decibels referenced to one 
watt.
(EIRP)dBW is the equivalent isotropically radiated power in 
decibels above one watt.
d is the distance of the signal path in meters.
[lambda] is the wavelength of the signal in meters.
GAR is the dB gain of the reference receiving antenna above 
an isotropic antenna (obtained from Figure 1 of this section.)

    (5) A determination of signal path conditions shall use a 9.1 meters 
(30 feet) receiving antenna height, the transmitting antenna height, 
terrain elevation, and assume 4/3 earth radius propagation conditions.
    (6) An application will not be accepted for filing if cochannel or 
adjacent channel interference is predicted at the boundary of the 56.33 
km (35 mile) protected service area of an authorized or previously 
proposed incumbent station based on the following criteria:
    (i) Interference calculations shall be made only for directions 
where there is an unobstructed signal path from the site of a proposed 
station to the boundary of any protected area.
    (ii) Calculations of received power levels in units of dBW from the 
proposed station will be made at one degree intervals around the 
protected service area.
    (iii) The assumed value of the desired signal level at the boundary 
of an incumbent station shall be -83 dBW, which is the calculated 
received power in free space at a distance of 56.33 km (35 miles), given 
at EIRP of 2000 watts and a receiver antenna gain of 20 dBi.
    (iv) Harmful interference will be considered to occur at locations 
along the boundary wherever the ratio between the desired signal level 
of -83 dBw and the received power from a proposed cochannel or adjacent 
channel station is less than 45 dB or 0 dB for cochannel or adjacent 
channel proposals, respectively.
    (7) Alternatively, MDS applications will be accepted on the basis of 
an executed written interference agreement between potentially affected 
parties filed in accordance with Sec. 21.938.
    (g)(1) All interference studies prepared pursuant to paragraph (c) 
of this section must be served on all licensees, conditional licensees, 
and applicants for the stations required to be studied by this section. 
This service must include a copy of the FCC application and occur on or 
before the date the application is filed with the Commission.
    (2) MDS licensees, conditional licensees and applicants of 
facilities with 56.33 km (35 mile) protected service areas shall notify 
in writing the holders of authorizations for adjoining BTAs or PSAs of 
application filings for modified station licenses, provided the proposed 
facility would produce an unobstructed signal path to any location 
within the adjoining BTA or PSA. This service must include a copy of the 
FCC application and occur on or before the date the application is filed 
with the Commission.
    (h) For purposes of Sec. 21.31(a), an MDS application, except for 
those applications filed on or after September 15, 1995, filed for a 
facility that would cause harmful electrical interference within the 
protected service area of any authorized or previously proposed station 
will be presumed to be mutually exclusive with the application for such 
authorized or previously proposed station.
    (i)(1) For each application for a new station, or amendment thereto, 
proposing MDS facilities, filed on October 1, 1995, or thereafter, on or 
before the day the application or amendment is filed, the applicant must 
prepare an analysis demonstrating that operation of the MDS applicant's 
transmitter will not cause harmful electrical interference to each 
receive site registered as of September 17, 1998, nor within a protected 
service area as defined in paragraph (d)(1) of this section, of any 
cochannel or adjacent channel ITFS station licensed, with a conditional 
license, or proposed in a pending application on the day such MDS 
application is filed, with an ITFS transmitter site within 50 miles of 
the coordinates of the MDS station's proposed transmitter site.
    (2) For each application described in paragraph (i)(1) of this 
section, the applicant must serve, by certified mail, return receipt 
requested, on or before the day the application or amendment

[[Page 73]]

described in paragraph (i)(1) of this section is filed initially with 
the Commission, a copy of the complete MDS application or amendment, 
including each exhibit and interference study, described in paragraph 
(i)(1) of this section, on each ITFS licensee, conditional licensee, or 
applicant described in paragraph (i)(1) of this section.
    (3) For each application described in paragraph (i)(1) of this 
section, the applicant must certify and file, with the application or 
amendment, its certification of its compliance with the requirements of 
paragraph (i)(2) of this section.
    (4) For each application described in paragraph (i)(1) of this 
section, the applicant must file with the Commission in Washington, DC, 
on or before the 30th day after the application or amendment described 
in paragraph (i)(1) of this section is filed initially with the 
Commission, a written notice which contains the following:
    (i) Caption--ITFS Service Notice;
    (ii) Applicant's name, address, proposed service area and channel 
group, and application file number, if known;
    (iii) A list of each ITFS licensee and conditional licensee 
described in paragraph (i)(1) of this section;
    (iv) The address used for service to each ITFS licensee and 
conditional licensee described in paragraph (i)(1) of this section; and
    (v) A list of the date each ITFS licensee and conditional licensee 
described in paragraph (i)(1) of this section received a copy of the 
complete application or amendment described in paragraph (i)(1) of this 
section; or a notation of lack of receipt by the ITFS licensee or 
conditional licensee of a copy of the complete application or amendment, 
on or before such 30th day, together with a description of the 
applicant's efforts for receipt by each such licensee or conditional 
licensee lacking receipt of the application.
    (5) The public notices described in paragraph (i)(6) of this section 
are as follows:
    (i) For initial applications for new MDS stations which participate 
in a lottery, this public notice is the notice announcing the selection 
of the applicant's application by lottery for qualification review.
    (ii) For initial applications for new MDS stations which participate 
in a competitive bidding process, this public notice is the notice 
announcing the application of the winning bidder in the competitive 
bidding process has been accepted for filing.
    (iii) For initial applications for new MDS stations which do not 
participate in a lottery or a competitive bidding process, this public 
notice is the notice announcing that the applicant's application is not 
mutually-exclusive with other MDS applications.
    (iv) For MDS modification applications, this public notice is the 
notice announcing that the modification application has been accepted 
for filing.
    (6)(i) Notwithstanding the provisions of Sections 1.824(c) and 
21.30(a)(4), for each application described in paragraph (i)(1) of this 
section, each ITFS licensee and each ITFS conditional licensee described 
in paragraph (i)(1) of this section may file with the Commission, on or 
before the 30th day after the public notice described in paragraph 
(i)(5) of this section, a petition to deny the MDS application.
    (ii) Except for the requirements as to the filing time deadline, 
this petition to deny must otherwise comply with the provisions of 
Section 21.30.
    (iii) In addition, this ITFS petition to deny must:
    (A) Identify the subject MDS application, including the applicant's 
name, station location, channel group, and application file number;
    (B) Include a certificate of service demonstrating service on the 
subject MDS applicant by certified mail, return receipt requested, on or 
before the 30th day after the MDS public notice described in paragraph 
(i)(5) of this section;
    (C) Include a demonstration that it made efforts to reach agreement 
with the MDS applicant but was unable to do so;
    (D) Include an engineering analysis that operation of the proposed 
MDS station will cause harmful interference to its ITFS station;
    (E) Include a demonstration, in those cases in which the MDS 
applicant's analysis is dependent upon modification(s) to the ITFS 
facility, that the harmful interference cannot be avoided

[[Page 74]]

by the proposed substitution of new or modified equipment to be supplied 
and installed by the MDS applicant, at no expense to the ITFS licensee 
or conditional licensee; and
    (F) Be limited to raising objections concerning the potential for 
harmful interference to its ITFS station, or concerning a failure by the 
MDS applicant to serve the ITFS licensee or conditional licensee with a 
copy of the complete application or amendment described in paragraph 
(i)(1) of this section.
    (iv) The Commission will presume an ITFS licensee or conditional 
licensee described in paragraph (i)(1) of this section has no objection 
to operation of the MDS station, if the ITFS licensee or conditional 
licensee fails to file a petition to deny by the deadline prescribed in 
paragraph (i)(6)(i) of this section.
    (j) If the initial application for facilities in the 2596-2644 
frequency band was filed on September 9, 1983, an applicant proposing to 
modify such facilities must include with its modification application:
    (1) An analysis demonstrating that the modification will not 
increase the size of the geographic area suffering harmful interference 
within the protected service area of existing or proposed co-channel or 
adjacent-channel facilities in the 2596-2644 MHz frequency band with a 
transmitter site within 80.5 km (50 miles) of the modifying station's 
transmitter site of the initial application for the interfered-with 
station was filed on September 9, 1983; and
    (2) An analysis demonstrating that the modification will not cause 
harmful interference to any new portion of the protected service area of 
existing or proposed co-channel or adjacent-channel facilities in the 
2596-2644 frequency band with a transmitter site within 80.5 km (50 
miles) of the modifying station's transmitter site, if the initial 
application for the interfered-with station was filed on September 9, 
1983.
    (k) If an initial application for facilities in the 2596-2644 
frequency band was filed on September 9, 1983, a licensee proposing to 
modify a constructed station may request exclusion from the interference 
analysis prescribed at Sec. 21.902(c) (1) and (2) with respect to 
another specified application for E or F channel facilities, if the 
modifying licensee files as part of its modification application a 
demonstration that:
    (1) The MDS application for which exclusion is requested was 
proposed by an initial application filed on September 9, 1983;
    (2) The MDS application for which exclusion is requested is not yet 
perfected by the submission of the information necessary for processing, 
as of the date of filing of the modification application; and
    (3) A copy of the licensee's modification application, including the 
demonstration specified in this paragraph, was served on the MDS 
applicant for which exclusion is requested, on or before the date of 
filing of the modification application.
    (l) Specific rules relating to response station hubs, booster 
stations, and 125 kHz channels are set forth in Sec. Sec. 21.909, 
21.913, 21.940, 74.939 of this chapter, 74.940 of this chapter and 
74.985 of this chapter. To the extent those specific rules are 
inconsistent with any rules set forth above, those specific rules shall 
control.
    (m) The following information formats and storage media are to be 
used in connection with applications for new and modified MDS and ITFS 
stations:
    (1) The data file prepared for submission to the Commission's 
Reference Room pursuant to the requirements set out at paragraph 74 of 
Appendix D to the Report and Order in MM Docket 97-217, FCC 98-231, must 
be in ASCII format on either CD-ROMs or 3.5[sec] diskettes. Any 
supplementary information submitted in connection with Appendix D may be 
in either ASCII or PDF format (graphics must be in PDF format) on either 
CD-ROMs or 3.5[sec] diskettes. Applicants serving such data/information 
on other applicants and/or licensees should do so using the same 
format(s) and media as used in their submission to the Commission's 
Reference Room.
    (2) Demonstrations and certifications prepared for submission to the 
Commission's Reference Room may be in either hard copy or in ASCII or 
PDF format on CD-ROM's or 3.5[sec] diskettes.

[[Page 75]]

(Graphics must be either hard copy or PDF format) Applicants serving 
such demonstrations and certifications on other applicants and/or 
licensees should do so using the same format(s) and media as used in 
their submission to the Commission's Reference Room.

[44 FR 60534, Oct. 19, 1979, as amended at 48 FR 33901, July 26, 1983; 
49 FR 25479, June 21, 1984; 52 FR 27556, July 22, 1987; 55 FR 46010, 
Oct. 31, 1990; 56 FR 57598, Nov. 13, 1991; 56 FR 57818, Nov. 14, 1991; 
56 FR 65191, Dec. 16, 1991; 58 FR 11798, Mar. 1, 1993; 58 FR 44895, Aug. 
25, 1993; 60 FR 36553, July 17, 1995; 60 FR 36739, July 18, 1995; 60 FR 
57367, Nov. 15, 1995; 61 FR 18098, Apr. 24, 1996; 61 FR 26676, May 28, 
1996; 63 FR 65102, Nov. 25, 1998; 64 FR 63731, Nov. 22, 1999; 65 FR 
46617, July 31, 2000]

    Effective Date Note: At 65 FR 46617, July 31, 2000, Sec. 21.902 was 
amended by adding paragraph (m). This paragraph contains information 
collection and recordkeeping requirements and will not become effective 
until approval has been given by the Office of Management and Budget.



Sec. 21.903  Purpose and permissible service.

    (a) Multipoint Distribution Service channels are available for 
transmissions from MDS stations and associated MDS signal booster 
stations to receive locations, and from MDS response stations to 
response station hubs. When service is provided on a common carrier 
basis, subscriber supplied information is transmitted to points 
designated by the subscriber. When service is provided on a non-common 
carrier basis, transmissions may include information originated by 
persons other than the licensee, licensee-manipulated information 
supplied by other persons, or information originated by the licensee. 
Point-to-point radio return links from a subscriber's location to a MDS 
operator's facilities may also be authorized in the 18,580 through 
18,820 MHz and 18,920 through 19,160 MHz bands. Rules governing such 
operation are contained in subpart I of part 101 of this chapter, the 
Point-to-Point Microwave Radio Service.
    (b) Unless otherwise directed or conditioned in the applicable 
instrument of authorization, Multipoint Distribution Service stations 
may render any kind of communications service consistent with the 
Commission's rules on a common carrier or on a non-common carrier basis, 
Provided That:
    (1) Unless service is rendered on a non-common carrier basis, the 
common carrier controls the operation of all receiving facilities (e.g., 
including any equipment necessary to convert the signal to a standard 
television channel, but excluding the television receiver); and
    (2) Unless service is rendered on a non-common carrier basis, the 
common carrier's tariff allows the subscriber the option of owning the 
receiving equipment (except for the decoder) so long as:
    (i) The customer provides the type of equipment as specified in the 
tariff;
    (ii) Such equipment is in suitable condition for the rendition of 
satisfactory service; and
    (iii) Such equipment is installed, maintained, and operated pursuant 
to the common carrier's instructions and control.
    (c) The carrier's tariff shall fully describe the parameters of the 
service to be provided, including the degree of privacy of 
communications a subscriber can expect in ordinary service. If the 
ordinary service does not provide for complete security of transmission, 
the tariff shall make provision for service with such added protection 
upon request.
    (d) An MDS licensee also may alternate, without further 
authorization required, between rendering service on a common carrier 
and non-common carrier basis, provided that the licensee notifies the 
Commission of any service status changes at least 30 days in advance of 
such changes. The notification shall state whether there is any 
affiliation or relationship to any intended or likely subscriber or 
program originator.

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 27556, July 22, 1987; 
61 FR 26676, May 28, 1996; 63 FR 65103, Nov. 25, 1998; 64 FR 4054, Jan. 
27, 1999; 64 FR 63732, Nov. 22, 1999]



Sec. 21.904  EIRP limitations.

    (a) The maximum EIRP of a main or booster station shall not exceed 
33 dBW + 10log(X/6) dBW, where X is the actual bandwidth if other than 6 
MHz, except as provided in paragraph (b) of this section.

[[Page 76]]

    (b)(i) If a main or booster station sectorizes or otherwise uses one 
or more transmitting antennas with a non-omnidirectional horizontal 
plane radiation pattern, the maximum EIRP in a given direction shall be 
determined by the following formula:

EIRP = 33 dBW + 10 log(X/6) dBW + 10 log(360/beamwidth) dBW, where X is 
    the channel width in MHz and 10 log(360/beamwidth) <= 6 dB.

    (ii) Beamwidth is the total horizontal plane beamwidth of the 
individual transmitting antenna for the station or any sector measured 
at the half-power points.
    (c) An increase in station EIRP, above currently-authorized or 
previously-proposed values, to the maximum values provided in paragraphs 
(a) and (b) of this section may be authorized, if the requested increase 
would not cause harmful interference to any authorized or previously-
proposed, cochannel or adjacent channel station entitled to interference 
protection under the Commission's rules, or if an applicant demonstrates 
that:
    (1) A station that must be protected from interference could 
compensate for interference by increasing its EIRP; and
    (2) The interfered-with station may increase its own EIRP consistent 
with the rules and without causing harmful interference to any cochannel 
or adjacent channel main or booster station protected service area, 
response station hub or BTA/PSA, for which consent for the increased 
interference has not been obtained; and
    (3) The applicant requesting authorization of an EIRP increase 
agrees to pay all expenses associated with the increase in EIRP by the 
interfered-with station.
    (d) For television transmission if the authorized bandwidth is 4.0 
MHz or more for the visual and accompanying aural signal, the peak power 
of the accompanying aural signal must not exceed 10 percent of the peak 
visual power of the transmitter. The Commission may order a reduction in 
aural signal power to diminish the potential for harmful interference.
    (e) For main, booster and response stations utilizing digital 
emissions with non-uniform power spectral density (e.g. unfiltered 
QPSK), the power measured within any 100 kHz resolution bandwidth within 
the 6 MHz channel occupied by the non-uniform emission cannot exceed the 
power permitted within any 100 kHz resolution bandwidth within the 6 MHz 
channel if it were occupied by an emission with uniform power spectral 
density, i.e., if the maximum permissible power of a station utilizing a 
perfectly uniform power spectral density across a 6 MHz channel were 
2000 watts EIRP, this would result in a maximum permissible power flux 
density for the station of 2000/60 = 33.3 watts EIRP per 100 kHz 
bandwidth. If a non-uniform emission were substituted at the station, 
station power would still be limited to a maximum of 33.3 watts EIRP 
within any 100 kHz segment of the 6 MHz channel, irrespective of the 
fact that this would result in a total 6 MHz channel power of less than 
2000 watts EIRP.

[64 FR 63732, Nov. 22, 1999]



Sec. 21.905  Emissions and bandwidth.

    (a) A station transmitting a television signal shall not exceed a 
bandwidth of 6 MHz (for both visual signal and accompanying aural 
signal), and will normally employ vestigial sideband, amplitude 
modulation (C3F) for the visual signal, and frequency modulation (F3E) 
or (G3E) for the accompanying aural signal.
    (b) Quadrature amplitude modulation (QAM), digital vestigial 
sideband modulation (VSB), quadrature phase shift key modulation (QPSK), 
code division multiple access (CDMA), and orthogonal frequency division 
multiplex (OFDM) emissions may be employed, subject to compliance with 
the policies set forth in the Declaratory Ruling and Order, 11 FCC Rcd 
18839 (1996). Use of OFDM also is subject to the subsequent Declaratory 
Ruling and Order, DA 99-554 (Mass Med. Bur. rel. Mar. 19, 1999). Other 
digital emissions may be added to those authorized above, including 
emissions with non-uniform power spectral density, if the applicant 
provides information in accordance with the guidelines and procedures 
set forth in the Declaratory Ruling and Order

[[Page 77]]

which clearly demonstrates the spectral occupancy and interference 
characteristics of the emission. The licensee may subchannelize its 
authorized bandwidth, provided that digital modulation is employed and 
the aggregate power does not exceed the authorized power for the 
channel, and may utilize all or a portion of its authorized bandwidth 
for MDS response stations authorized pursuant to Sec. 21.909 of this 
part. The licensee may also, jointly with affected adjacent channel 
licensees, transmit utilizing bandwidth in excess of its authorized 
frequencies, provided that digital modulation is employed, all power 
spectral density requirements set forth in this part are met and the 
out-of-band emissions restrictions set forth in Sec. 21.908 of this 
part are met at and beyond the edges of the channels employed. The wider 
channels thus created may be redivided to create narrower channels.
    (c) Any licensee of a station in the 2150-2162 MHz or 2596-2644 MHz, 
2650-2656 MHz, 2662-2668 MHz, or 2674-2680 MHz frequency bands, after 
notice and opportunity for hearing, may be required to use the frequency 
offset technique to avoid or to minimize harmful interference to another 
licensed station in the 2150-2162 MHz and 2596-2544 MHz, 2650-2656 MHz, 
2662-2668 MHz, and 2674-2680 MHz frequency bands or to make other 
changes as provided in Sec. Sec. 21.100, 21.107, 21.900, 21.901, 
21.902, 21.904, 21.905(a), 21.905(b), 21.906, 21.907, and 21.908 of this 
part.
    (d) Notwithstanding the above, any digital emission which complies 
with the out-of-band emission restrictions of Sec. 21.908 of this part 
may be used in the following circumstances:
    (1) At any MDS main or booster station transmitter which is located 
more than 160.94 km (100 miles) from the nearest boundary of all 
cochannel and adjacent channel ITFS and MDS protected service areas, 
including Basic Trading Areas and Partitioned Service Areas; and
    (2) At all MDS response station transmitters within a response 
service area if all points along the response service area boundary line 
are more than 160.94 km (100 miles) from the nearest boundary of all 
cochannel and adjacent channel ITFS and MDS protected service areas, 
including Basic Trading Areas and Partitioned Service Areas; and
    (3) At any MDS transmitter where all parties entitled by this part 
to interference protection from that transmitter have mutually consented 
to the use at that transmitter of such emissions.

[44 FR 60534, Oct. 19, 1979, as amended at 49 FR 48700, Dec. 14, 1984; 
55 FR 46011, Oct. 31, 1990; 56 FR 57818, Nov. 14, 1991; 63 FR 65104, 
Nov. 25, 1998; 64 FR 4054, Jan. 27, 1999; 64 FR 63732, Nov. 22, 1999]



Sec. 21.906  Antennas.

    (a) Main and booster station transmitting antennas shall be 
omnidirectional, except that a directional antenna with a main beam 
sufficiently broad to provide adequate service may be used either to 
avoid possible interference with other users in the frequency band, or 
to provide coverage more consistent with distribution of potential 
receiving points. In lieu of an omnidirectional antenna, a station may 
employ an array of directional antennas in order to reuse spectrum 
efficiently. When an applicant proposes to employ a directional antenna, 
or a licensee notifies the Commission pursuant to Sec. 21.42 of the 
installation of a sectorized antenna system, the applicant shall provide 
the Commission with information regarding the orientation of the 
directional antenna(s), expressed in degree of azimuth, with respect to 
true north, and the make and model of such antenna(s).
    (b) The use of horizontal or vertical plane wave polarization, or 
right hand or left hand rotating elliptical polarization may be used to 
minimize the hazard of harmful interference between systems.
    (c) Transmitting antennas located within 56.3 kilometers (35 miles) 
of the Canadian border should be directed so as to minimize, to the 
extent that is practical, emissions toward the border.
    (d) Directive receiving antennas shall be used at all points other 
than response station hubs and response stations operating with an EIRP 
no greater than -6 dBW per 6 MHz channel and shall be elevated no higher 
than necessary to assure adequate service. Receiving antenna height 
shall not exceed

[[Page 78]]

the height criteria of Part 17 of this chapter, unless authorization for 
use of a specific maximum height (above ground and mean sea level) for 
each location has been obtained from the Commission prior to the 
erection of the antenna. (See part 17 of this chapter concerning 
construction, marking and lighting of antenna structures.) A response 
station operating with an EIRP no greater than -6 dBW per 6 MHz channel 
may use an omnidirectional receiving antenna. However, for the purpose 
of interference protection, such response stations will be treated as if 
utilizing a receive antenna meeting the requirements of the reference 
receiving antenna of Figure 1 of Sec. 21.902(f)(3).

[44 FR 60534, Oct. 19, 1979, as amended at 52 FR 37786, Oct. 9, 1987; 58 
FR 44896, Aug. 25, 1993; 63 FR 65104, Nov. 25, 1998; 64 FR 4054, Jan. 
27, 1999; 64 FR 63733, Nov. 22, 1999; 65 FR 46617, July 31, 2000]



Sec. 21.907  [Reserved]



Sec. 21.908  Transmitting equipment.

    (a) Except as otherwise provided in this section, the requirements 
of paragraphs (a), (b), (c), (d), and (e) of Sec. 73.687 of this 
chapter shall apply to stations in this service transmitting standard 
television signals.

    Editorial Note: At 63 FR 65104, Nov. 25, 1999, paragraph (b) was 
redesignated as paragraph (a) and newly designated paragraph (a) was 
revised. However, paragraph (a) already exists. The text of the newly 
redesignated paragraph (a) follows:

    (a) The maximum out-of-band power of an MDS station transmitter or 
booster transmitting on a single 6 MHz channel with an EIRP in excess of 
-9 dBW employing analog modulation shall be attenuated at the channel 
edges by at least 38 dB relative to the peak visual carrier, then 
linearly sloping from that level to at least 60 dB of attenuation at 1 
MHz below the lower band edge and 0.5 MHz above the upper band edge, and 
attenuated at least 60 dB at all other frequencies. The maximum out-of-
band power of an MDS station transmitter or booster transmitting on a 
single 6 MHz channel or a portion thereof with an EIRP in excess of -9 
dBW (or, when subchannels are used, the appropriately adjusted value 
based upon the ratio of the channel-to-subchannel bandwidths) employing 
digital modulation shall be attenuated at the 6 MHz channel edges at 
least 25 dB relative to the licensed average 6 MHz channel power level, 
then attenuated along a linear slope to at least 40 dB at 250 kHz beyond 
the nearest channel edge, then attenuated along a linear slope from that 
level to at least 60 dB at 3 MHz above the upper and below the lower 
licensed channel edges, and attenuated at least 60 dB at all other 
frequencies. Notwithstanding the foregoing, in situations where an MDS 
station or booster station transmits, or where adjacent channel 
licensees jointly transmit, a single signal over more than one 
contiguous 6 MHz channel utilizing digital modulation with an EIRP in 
excess of -9 dBW (or, when subchannels or superchannels are used, the 
appropriately adjusted value based upon the ratio of 6 MHz to the 
subchannel or superchannel bandwidth), the maximum out-of-band power 
shall be attenuated at the channel edges of those combined channels at 
least 25 dB relative to the power level of each channel, then attenuated 
along a linear slope from that level to at least 40 dB at 250 kHz above 
or below the channel edges of those combined channels, then attenuated 
along a linear slope from that level to at least 60 dB at 3 MHz above 
the upper and below the lower edges of those combined channels, and 
attenuated at least 60 dB at all other frequencies. However, should 
harmful interference occur as a result of emissions outside the assigned 
channel, additional attenuation may be required. A transmitter licensed 
prior to November 1, 1991, that remains at the station site initially 
licensed, and does not comply with this paragraph, may continue to be 
used for its life if it does not cause harmful interference to the 
operation of any other licensee. Any non-conforming transmitter replaced 
after November 1, 1991, must be replaced by a transmitter meeting the 
requirements of this paragraph.
    (b) A booster transmitting on multiple contiguous or non-contiguous 
channels carrying separate signals (a ``broadband'' booster) with an 
EIRP in excess of -9 dBW per 6 MHz channel and employing analog, digital 
or a

[[Page 79]]

combination of these modulations shall have the following 
characteristics:
    (1) For broadband boosters operating in the frequency range of 
2.150-2.160/2 GHz, the maximum out-of-band power shall be attenuated at 
the upper and lower channel edges forming the band edges by at least 25 
dB relative to the licensed analog peak visual carrier or digital 
average power level (or, when subchannels are used, the appropriately 
adjusted value based on upon the ratio of the channel-to-subchannel 
bandwidths), then linearly sloping from that level to at least 40 dB of 
attenuation at 0.25 MHz above and below the band edges, then linearly 
sloping from that level to at least 60 dB of attenuation at 3.0 MHz 
above and below the band edges, and attenuated at least 60 dB at all 
other frequencies.
    (2) For broadband boosters operating in the frequency range of 
2.500-2.690 GHz, the maximum out-of-band power shall be attenuated at 
the upper and lower channel edges forming the band edges by at least 25 
dB relative to the licensed analog peak visual carrier or digital 
average power level (or, when subchannels are used, the appropriately 
adjusted value based on upon the ratio of the channel-to-subchannel 
bandwidths), then linearly sloping from that level to at least 40 dB of 
attenuation at 0.25 MHz above and below the band edges, then linearly 
sloping from that level to at least 50 dB of attenuation at 3.0 MHz 
above and below the band edges, then linearly sloping from that level to 
at least 60 dB of attenuation at 20 MHz above and below the band edges, 
and attenuated at least 60 dB at all other frequencies.
    (3) Within unoccupied channels in the frequency range of 2.500-2.690 
GHz, the maximum out-of-band power shall be attenuated at the upper and 
lower channel edges of an unoccupied channel by at least 25 dB relative 
to the licensed analog peak visual carrier power level or digital 
average power level of the occupied channels (or, when subchannels or 
125 kHz channels are used, the appropriately adjusted value based upon 
the ratio of the channel-to-subchannel bandwidths), then linearly 
sloping from that level to at least 40 dB of attenuation at 0.25 MHz 
above and below the occupied channel edges, then linearly sloping from 
that level to at least 50 dB of attenuation at 3.0 MHz above and below 
the occupied channel edges, and attenuated at least 50 dB at all other 
unoccupied frequencies.
    (c) Boosters operating with an EIRP less than -9 dBW per 6 MHz 
channel shall have no particular out-of-band power attenuation 
requirement, except that if they cause harmful interference, their 
operation shall be terminated within 2 hours of notification by the 
Commission until the interference can be cured.
    (d) The maximum out-of-band power of an MDS response station using 
all or part of a 6 MHz channel, employing digital modulation and 
transmitting with an EIRP greater than -6 dBW per 6 MHz channel shall be 
attenuated (as measured in accordance with paragraph (e) of this 
section) at the 6 MHz channel edges at least 25 dB relative to the 
average 6 MHz channel power level, then attenuated along a linear slope 
to at least 40 dB at 250 kHz beyond the nearest channel edge, then 
attenuated along a linear slope from that level to at least 60 dB at 3 
MHz above the upper and below the lower licensed channel edges, and 
attenuated at least 60 dB at all other frequencies. The maximum out-of-
band power of an MDS response station using all or part of a 6 MHz 
channel, employing digital modulation and transmitting with an EIRP no 
greater than -6 dBW per 6 MHz channel shall be attenuated (as measured 
in accordance with paragraph (e) of this section) at the channel edges 
at least 25 dB relative to the average 6 MHz channel transmitter output 
power level (P), then attenuated along a linear slope to at least 40 dB 
or 33+10log(P) dB, whichever is the lesser attenuation, at 250 kHz 
beyond the nearest channel edge, then attenuated along a linear slope 
from that level to at least 60 dB or 43+10log(P) dB, whichever is the 
lesser attenuation, at 3 MHz above the upper and below the lower 
licensed channel edges, and attenuated at least 60 dB or 43+10log(P) dB, 
whichever is the lesser attenuation, at all other frequencies. Where MDS 
response stations with digital modulation utilize all or part of more 
than one contiguous 6 MHz channel to form a larger channel (e.g., a

[[Page 80]]

channel of width 12 MHz), the above-specified attenuations shall be 
applied only at the upper and lower edges of the overall combined 
channel. Notwithstanding these provisions, should harmful interference 
occur as a result of emissions outside the assigned channel(s), 
additional attenuation may be required by the Commission.
    (e) In measuring compliance with the out-of-band emissions 
limitations, the licensee shall employ one of two methods in each 
instance: (1) absolute power measurement of the average signal power 
with one instrument, with measurement of the spectral attenuation on a 
separate instrument; or (2) relative measurement of both the average 
power and the spectral attenuation on a single instrument. The formula 
for absolute power measurements is to be used when the average signal 
power is found using a separate instrument, such as a power meter; the 
formula gives the amount by which the measured power value is to be 
attenuated to find the absolute power value to be used on the spectrum 
analyzer or equivalent instrument at the spectral point of concern. The 
formula for relative power measurements is to be used when the average 
signal power is found using the same instrument as used to measure the 
attenuation at the specified spectral points, and allows different 
resolution bandwidths to be applied to the two parts of the measurement; 
the formula gives the required amplitude separation (in dB) between the 
flat top of the (digital) signal and the point of concern.
    For absolute power measurements:

Attenuation in dB (below channel power) = A + 10log 
    (CBW / RBw)

    For relative power measurements:

Attenuation in dB (below flat top) = A + 10log 
    (RBW1 / RBW2)

Where:

A = Attenuation specified for spectral point (e.g., 25, 35, 40, 60 dB)
CBW = Channel bandwidth (for absolute power measurements)
RBW = Resolution bandwidth (for absolute power measurements)
RBW1 = Resolution bandwidth for flat top measurement 
(relative)
RBW2 = Resolution bandwidth for spectral point measurement 
(relative)

[55 FR 46011, Oct. 31, 1990, as amended at 56 FR 57818, Nov. 14, 1991; 
63 FR 65105, Nov. 25, 1998; 65 FR 46617, July 31, 2000]



Sec. 21.909  MDS response stations.

    (a) An MDS response station is authorized to provide communication 
by voice, video and/or data signals with its associated MDS response 
station hub or MDS station. An MDS response station may be operated only 
by the licensee of an MDS station, by any lessee of the MDS station or 
response station hub, or by a subscriber of either. The authorized 
channel may be divided to provide distinct subchannels for each of more 
than one response station, provided that digital modulation is employed 
and the aggregate power does not exceed the authorized power for the 
channel. An MDS response station may also, jointly with other licensees, 
transmit utilizing bandwidth in excess of that authorized to the 
station, provided that digital modulation is employed, all power 
spectral density requirements set forth in this part are met, and the 
out-of-band emissions restrictions set forth in Sec. 21.908(b) or 
paragraph (j) of this section are complied with. When a 125 kHz channel 
is employed, the specific channel which may be used by the response 
station is determined in accordance with Sec. Sec. 21.901 and 74.939(j) 
of this chapter.
    (b) MDS response stations that utilize the 2150-2162 MHz band, the 
2500-2686 MHz band, and/or the 125 kHz channels may be installed and 
operated without an individual license, to communicate with a response 
station hub, provided that the conditions set forth in paragraph (g) of 
this section are met and that the MDS response stations' technical 
parameters are consistent with all applicable rules in this part and 
with the terms and conditions set out in the Commission's Declaratory 
Ruling and Order, 11 FCC Rcd 18839 (1996).
    (c) An applicant for a response station hub license, or for 
modification thereto where not subject to Sec. 21.41 or Sec. 21.42, 
shall:
    (1) File FCC Form 331 with Mellon Bank, and certify on that form 
that it has complied with the requirements of

[[Page 81]]

paragraphs (c)(2) and (d) of this section and that the interference data 
submitted under paragraph (d) of this section is complete and accurate. 
Failure to certify compliance and to comply completely with the 
requirements of paragraphs (c)(2) and (d) of this section shall result 
in dismissal of the application or revocation of the response station 
hub license, and may result in imposition of a monetary forfeiture; and
    (2) Submit the following (see Sec. 21.902(m) for permissible 
formats and media) to the Commission's Reference Room:
    (i) The data files required by Appendix D to the Report and Order in 
MM Docket 97-217, FCC 98-231, ``Methods For Predicting Interference From 
Response Station Transmitters And To Response Station Hubs And For 
Supplying Data on Response Station Systems''; and
    (ii) The demonstrations and certifications required by paragraph (d) 
of this section.
    (d) An applicant for a response station hub license shall prepare 
the following:
    (1) A demonstration describing the system channel plan, to the 
extent that such information is not contained in the data file required 
in (c)(2)(i) of this section; and
    (2) A demonstration that:
    (i) The proposed response station hub is within a protected service 
area, as defined in Sec. 21.902(d) or Sec. 21.933, to which the 
applicant is entitled either:
    (A) By virtue of its being the licensee of an incumbent MDS station 
whose channels are being converted for MDS response station use; or
    (B) By virtue of its holding a Basic Trading Area or Partitioned 
Service Area authorization. In the case of an application for response 
stations to utilize one or more of the 125 kHz response channels, such 
demonstration shall establish that the response station hub is within 
the protected service area of the station authorized to utilize the 
associated E-Group or F-Group channel(s); and
    (ii) The entire proposed response service area is within a protected 
service area to which the applicant is entitled either (A) by virtue of 
its being the licensee of an incumbent MDS station whose channels are 
being converted for MDS response station use; or (B) by virtue of its 
holding a Basic Trading Area or Partitioned Service Area authorization. 
In the alternative, the applicant may demonstrate that the licensee 
entitled to any cochannel protected service area which is overlapped by 
the proposed response service area has consented to such overlap. In the 
case of an application for response stations to utilize one or more of 
the 125 kHz response channels, such demonstration shall establish that 
the response service area is entirely within the protected service area 
of the station authorized to utilize the associated E-Group or F-Group 
channel(s), or, in the alternative, that the licensee entitled to any 
cochannel protected service area which is overlapped by the proposed 
response service area has consented to such overlap; and
    (iii) The combined signals of all simultaneously operating MDS 
response stations within all response service areas and oriented to 
transmit towards their respective response station hubs, and all 
cochannel MDS stations and booster stations licensed to or applied for 
by the applicant will not generate a power flux density in excess of -73 
dBW/m2 (or the appropriately adjusted value based on the 
actual bandwidth used if other than 6 MHz, see Sec. 21.902(b)(7)(i)) 
outside the boundaries of the applicant's protected service area, as 
measured at locations for which there is an unobstructed signal path, 
except to the extent that consent of affected licensees has been 
obtained or consents have been granted pursuant to paragraph (d)(3)(ii) 
of this section to an extension of the response service area beyond the 
boundaries of the protected service area; and
    (iv) The combined signals of all simultaneously operating MDS 
response stations within all response service areas and oriented to 
transmit towards their respective response station hubs, and all 
cochannel MDS stations and booster stations licensed to or applied for 
by the applicant, will result in a desired to undesired signal ratio of 
at least 45 dB (or the appropriately adjusted value based on the actual 
bandwidth used if other than 6 MHz, see Sec. 21.902(b)(7)(ii)):

[[Page 82]]

    (A) Within the protected service area of any authorized or 
previously-proposed cochannel MDS or ITFS station with a 56.33 km (35 
mile) protected service area with center coordinates located within 
160.94 km (100 miles) of the proposed response station hub; and
    (B) Within the booster service area of any cochannel booster station 
entitled to such protection pursuant to Sec. Sec. 21.913(f) or 
74.985(f) of this chapter and located within 160.94 km (100 miles) of 
the proposed response station hub; and
    (C) At any registered receive site of any authorized or previously-
proposed cochannel ITFS station or booster station located within 160.94 
km (100 miles) of the proposed response station hub, or, in the 
alternative, that the licensee of or applicant for such cochannel 
station or hub consents to the application; and
    (v) The combined signals of all simultaneously operating MDS 
response stations within all response service areas and oriented to 
transmit towards their respective response station hubs, and all 
cochannel MDS stations and booster stations licensed to or applied for 
by the applicant, will result in a desired to undesired signal ratio of 
at least 0 dB (or the appropriately adjusted value based on the actual 
bandwidth used if other than 6 MHz, see Sec. 21.902(b)(7)(iii)):
    (A) Within the protected service area of any authorized or 
previously-proposed adjacent channel MDS or ITFS station with a 56.33 km 
(35 mile) protected service area with center coordinates located within 
160.94 km (100 miles) of the proposed response station hub; and
    (B) Within the booster service area of any adjacent channel booster 
station entitled to such protection pursuant to Sec. Sec. 21.913(f) or 
74.985(f) of this chapter and located within 160.94 km (100 miles) of 
the proposed response station hub; and
    (C) At any registered receive site of any authorized or previously-
proposed adjacent channel ITFS station or booster station located within 
160.94 km (100 miles) of the proposed response station hub, or, in the 
alternative, that the licensee of or applicant for such adjacent channel 
station or hub consents to the application; and
    (vi) The combined signals of all simultaneously operating MDS 
response stations within all response service areas and oriented to 
transmit towards their respective response station hub and all cochannel 
MDS stations and booster stations licensed to or applied for by the 
applicant will comply with the requirements of paragraph (i) of this 
section and Sec. 74.939(i) of this chapter.
    (3) A certification that the application has been served upon
    (i) The holder of any cochannel or adjacent channel authorization 
with a protected service area which is overlapped by the proposed 
response service area;
    (ii) The holder of any cochannel or adjacent channel authorization 
with a protected service area that adjoins the applicant's protected 
service area;
    (iii) The holder of a cochannel or adjacent channel authorization 
for any BTA or PSA inside whose boundaries are locations for which there 
is an unobstructed signal path for combined signals from within the 
response station hub applicant's protected service area; and
    (iv) Every licensee of, or applicant for, any cochannel or adjacent 
channel, authorized or previously-proposed, incumbent MDS station with a 
56.33 km (35 mile) protected service area with center coordinates 
located within 160.94 km (100 miles) of the proposed response station 
hub;
    (v) Every licensee of, or applicant for, any cochannel or adjacent 
channel, authorized or previously-proposed ITFS station (including any 
booster station or response station hub) located within 160.94 km (100 
miles) of the proposed response station hub; and
    (vi) Every licensee of any non-cochannel or non-adjacent channel 
ITFS station (including any booster station) with one or more registered 
receive sites in, or within 1960 feet of the proposed response station 
service area.
    (e) Except as set forth in Sec. 21.27(d), applications for response 
station hub licenses may be filed at any time. Notwithstanding any other 
provision of part 21 (including Sec. 21.31), applications for response 
station hub licenses meeting the requirements of paragraph (c)

[[Page 83]]

of this section shall cut-off applications that are filed on a 
subsequent day for facilities that would cause harmful electromagnetic 
interference to the proposed response station hubs. A response station 
hub shall not be entitled to protection from interference caused by 
facilities proposed on or prior to the day the application for the 
response station hub license is filed. Response stations shall not be 
required to protect from interference facilities proposed on or after 
the day the application for the response station hub license is filed.
    (f) Notwithstanding the provisions of Sec. 21.30(b)(4) and except 
as set forth in Sec. 21.27(d), any petition to deny an application for 
a response station hub license shall be filed no later than the sixtieth 
(60th) day after the date of public notice announcing the filing of such 
application or major amendment thereto. Notwithstanding Sec. 21.31 and 
except as provided in Sec. 21.27(d), an application for a response 
station hub license that meets the requirements of this section shall be 
granted on the sixty-first (61st) day after the Commission shall have 
given public notice of the acceptance for filing of it, or of a major 
amendment to it if such major amendment has been filed, unless prior to 
such date either a party in interest timely files a formal petition to 
deny or for other relief pursuant to Sec. 21.30(a), or the Commission 
notifies the applicant that its application will not be granted. Where 
an application is granted pursuant to the provisions of this paragraph, 
the conditional licensee or licensee shall maintain a copy of the 
application at the response station hub until such time as the 
Commission issues a response station hub license.
    (g) An MDS response station hub license shall be conditioned upon 
compliance with the following:
    (1) No MDS response station shall be located beyond the response 
service area of the response station hub with which it communicates; and
    (2) No MDS response station shall operate with a transmitter output 
power in excess of 2 watts; and
    (3) No response station shall operate with an EIRP in excess of that 
specified in the application for the response station hub for the 
particular regional class of characteristics with which the response 
station is associated, and such response station shall not operate with 
an EIRP in excess of 33 dBW + 10log(X/6) dBW, where X is the channel 
width in MHz, and
    (4) Each response station shall employ a transmission antenna 
oriented towards the response station hub with which the response 
station communicates and such antenna shall be no less directive than 
the worst-case outer envelope pattern specified in the application for 
the response station hub for the regional class of characteristics with 
which the response station is associated; and
    (5) The combined out-of-band emissions of all response stations 
using all or part of one or multiple contiguous 6 MHz channels and 
employing digital modulation shall comply with Sec. 21.908(d). The 
combined out-of-band emissions of all response stations using all or 
part of one or multiple contiguous 125 kHz channels shall comply with 
paragraph (j) of this section. However, should harmful interference 
occur as a result of emissions outside the assigned channel, additional 
attenuation may be required; and
    (6) The response stations transmitting simultaneously at any given 
time within any given region of the response service area utilized for 
purposes of analyzing the potential for interference by response 
stations shall conform to the numerical limits for each class of 
response station proposed in the application for the response station 
hub license. Notwithstanding the foregoing, where a response station hub 
licensee subchannelizes pursuant to Sec. 21.909(a) and limits the 
maximum EIRP emitted by any individual response station proportionately 
to the fraction of the channel that the response station occupies, the 
licensee may operate simultaneously on each subchannel the number of 
response stations specified in the license. Moreover, the licensee of a 
response station hub may alter the number of response stations of any 
class operated simultaneously in a given region, without prior 
Commission authorization, provided that the licensee:
    (i) Files with the Commission (see Sec. 21.902(m) for permissible 
format(s) and

[[Page 84]]

media) a demonstration indicating the number of response stations of 
such class(es) to be operated simultaneously in such region and a 
certification that it has complied with the requirements of paragraphs 
(g)(6)(ii) and (iii) of this section and that the interference data 
submitted pursuant to paragraph (g)(6)(ii) is complete and accurate; and
    (ii) Provides the Commission's Reference Room (see Sec. 21.902(m) 
for permissible formats and media) with an update of the previously-
filed response station data and with a demonstration that such 
alteration will not result in any increase in interference to the 
protected service area or protected receive sites of any existing or 
previously-proposed, cochannel or adjacent channel MDS or ITFS station 
or booster station, to the protected service area of any MDS Basic 
Trading Area or Partitioned Service Area licensee entitled to protection 
pursuant to paragraph (d)(3) of this section, or to any existing or 
previously-proposed, cochannel or adjacent channel response station hub, 
or response station under Sec. 21.949 or Sec. 74.949 of this chapter; 
or that the applicant for or licensee of such facility has consented to 
such interference; and
    (iii) Serves a copy of such demonstration and certification upon 
each party entitled to be served pursuant to paragraph (d)(3) of this 
section; and
    (7) Where an application is granted under this section, if a 
facility operated pursuant to that grant causes harmful, unauthorized 
interference to any cochannel or adjacent channel facility, it must 
promptly remedy the interference or immediately cease operations of the 
interfering facility, regardless of whether any petitions to deny or for 
other relief were filed against the application during the application 
process. The burden of proving that a facility operated under this 
section is not causing harmful, unauthorized interference lies on the 
licensee of the alleged interfering facility, following the filing of a 
documented complaint of interference by an affected party; and
    (8) In the event any MDS or ITFS receive site suffers interference 
due to block downconverter overload, the licensee of each non-co/
adjacent response station hub with a response service area within five 
miles of such receive site shall cooperate in good faith to 
expeditiously identify the source of the interference. Each licensee of 
a response station hub with an associated response station contributing 
to such interference shall bear the joint and several obligation to 
promptly remedy all block downconverter overload interference at any 
ITFS registered receive site or at any receive site within an MDS or 
ITFS protected service area applied for prior to the submission of the 
application for the response station hub license, regardless of whether 
the receive site suffering the interference was constructed prior to or 
after the construction of the response station(s) causing the 
downconverter overload; provided, however, that the licensee of the 
registered ITFS receive site or the MDS or ITFS protected service area 
must cooperate fully and in good faith with efforts by the response 
station hub licensee to prevent interference before constructing 
response stations and/or to remedy interference that may occur. In the 
event that the associated response station(s) of more than one response 
station hub licensee contribute(s) to block downconverter interference 
at an MDS or ITFS receive site, such hub licensees shall cooperate in 
good faith to remedy promptly the interference.
    (h) Applicants must comply with Part 17 of this chapter concerning 
notification to the Federal Aviation Administration of proposed antenna 
construction or alteration for all hub stations and associated response 
stations.
    (i) Response station hubs shall be protected from cochannel and 
adjacent channel interference in accordance with the following criteria:
    (1) An applicant for any new or modified MDS or ITFS station 
(including any high-power booster station or response station hub) shall 
be required to demonstrate interference protection to a response station 
hub within 160.94 km (100 miles) of the proposed facilities. In lieu of 
the interference protection requirements set forth in Sec. Sec. 
21.902(b)(3) through (b)(5), 21.938(b)(1) and (2) and (c), and 74.903 of 
this chapter, such demonstration shall establish that the proposed 
facility will not increase the

[[Page 85]]

effective power flux density of the undesired signals generated by the 
proposed facility and any associated main stations, booster stations or 
response stations at the response station hub antenna for any sector. In 
lieu of the foregoing, an applicant for a new MDS or ITFS main station 
license or for a new or modified response station hub or booster license 
may demonstrate that the facility will not increase the noise floor at a 
reception antenna of the response station hub by more than 1 dB for 
cochannel signals and 45 dB for adjacent channel signals, provided that:
    (i) The entity submitting the application may only invoke this 
alternative once per response station hub reception sector; or
    (ii) The licensee of the affected response station hub may consent 
to receive a certain amount of interference at its hub.
    (2) Commencing upon the filing of an application for an MDS response 
station hub license and until such time as the application is dismissed 
or denied or, if the application is granted, a certification of 
completion of construction is filed, the MDS station whose channels are 
being utilized shall be entitled both to interference protection 
pursuant to Sec. Sec. 21.902(b)(3) through (b)(5), 21.938(b)(1) and (2) 
and (c), and 74.903 of this chapter, and to protection of the response 
station hub pursuant to the preceding paragraph. Unless the application 
for the response station hub license specifies that the same frequencies 
also will be employed for digital and/or analog point-to-multipoint 
transmissions by MDS stations and/or MDS booster stations, upon the 
filing of a certification of completion of construction of an MDS 
response station hub where the channels of an MDS station are being 
utilized as response station transmit frequencies, the MDS station whose 
channels are being utilized for response station transmissions shall no 
longer be entitled to interference protection pursuant to Sec. Sec. 
21.902(b)(3) through (b)(5), 21.938(b)(1) and (2) and (c), and 74.903 of 
this chapter within the response service area with regard to any portion 
of any 6 MHz channel employed solely for response station 
communications. Upon the certification of completion of construction of 
an MDS response station hub where the channels of an MDS station are 
being utilized for response station transmissions and the application 
for the response station hub license specifies that the same frequencies 
will be employed for point-to-multipoint transmissions, the MDS station 
whose channels are being utilized shall be entitled both to interference 
protection pursuant to Sec. Sec. 21.902(b)(3) through (b)(5), 
21.938(b)(1) and (2) and (c), and 74.903 of this chapter, and to 
protection of the response station hub pursuant to the preceding 
provisions of this paragraph.
    (j) 125 kHz wide response channels shall be subject to the following 
requirements: The 125 kHz wide channel shall be centered at the assigned 
frequency. If amplitude modulation is used, the carrier shall not be 
modulated in excess of 100%. If frequency modulation is used, the 
deviation shall not exceed 25 kHz. Any emissions 
outside the channel shall be attenuated at the channel edges at least 35 
dB below peak output power when analog modulation is employed or 35 dB 
below licensed average output power when digital modulation is employed 
(or, when subchannels are used, the appropriately adjusted value based 
upon the ratio of the channel-to-subchannel bandwidths). Any emissions 
more than 125 kHz from either channel edge, including harmonics, shall 
be attenuated at least 60 dB below peak output power when analog 
modulation is employed, or at least 60 dB below licensed average output 
power when digital modulation is employed (or, when subchannels are 
used, the appropriately adjusted value based upon the ratio of the 
channel-to-subchannel bandwidths). Notwithstanding the foregoing, in 
situations where adjacent channel licensees jointly transmit over more 
than one contiguous channel utilizing digital modulation, the maximum 
out-of-band power shall be attenuated at the edges of those combined 
channels at least 35 dB relative to the licensed average power level of 
each channel. Emissions more than 125 kHz from either edge of the 
combined channels, including harmonics, shall be attenuated at least

[[Page 86]]

60 dB below peak analog power or average digital power of each channel, 
as appropriate.
    (k) A response station may be operated unattended. The overall 
performance of the response station transmitter shall be checked by the 
hub licensee as often as necessary to ensure that it is functioning in 
accordance with the requirements of the Commission's rules. The licensee 
of a response station hub is responsible for the proper operation of all 
associated response station transmitters. Each response station hub 
licensee is responsible for maintaining, and making available to the 
Commission upon request, a list containing all customer names and 
addresses, plus the technical parameters (EIRP, emission, bandwidth, 
antenna pattern/ height/ orientation/ polarization) pertinent to each 
class of response station within the response service area.
    (l) The transmitting apparatus employed at MDS response stations 
shall have received type certification.
    (m) An MDS response station shall be operated only when engaged in 
communications with its associated MDS response station hub or MDS 
station or booster station, or for necessary equipment or system tests 
and adjustments. Upon initial installation, and upon relocation and 
reinstallation, a response station transmitter shall be incapable of 
emitting radiation unless, and until, it has been activated by reception 
of a signal from the associated MDS station or booster station. A hub 
station licensee shall be capable of remotely de-activating any and all 
response station transmitters within its RSA by means of signals from 
the associated MDS station or booster station. Radiation of an 
unmodulated carrier and other unnecessary transmissions are forbidden.
    (n) All response stations utilizing an EIRP greater than 18 dBW 
shall be installed by the associated hub licensee or by the licensee's 
employees or agents. For the purposes of this section, all EIRP dBW 
values assume the use of a 6 MHz channel. For channel bandwidths other 
than 6 MHz, the EIRP dBW values should be adjusted up (channel 
6 MHz) or down (channel <6 MHz) by 10 log(X/6) dBW, where X 
is the channel width in MHz. For response stations located within 1960 
feet of an ITFS receive site registered and built prior to the filing of 
the application for the hub station license, the hub licensee must 
notify the licensee of the ITFS receive site at least one business day 
prior to the activation of these response stations. The notification 
must contain, for each response station to be activated, the following 
information: name and telephone number of a contact person who will be 
responsible for coordinating the resolution of any interference 
problems; street address; geographic coordinates to the nearest second; 
channels/subchannels (transmit only); and transmit antenna pattern, 
EIRP, orientation and height AMSL. (If transmit antenna pattern, EIRP, 
orientation or height AMSL are not known with specificity at the time of 
notification, the hub licensee may, instead, specify the worst-case 
values for the class of response station being activated.) Such notice 
to the ITFS licensee shall be given in writing by certified mail unless 
the ITFS licensee has requested delivery by email or facsimile. The ITFS 
licensee may waive the notification requirement on a site-specific basis 
or on a system-wide basis. The notification provisions of this section 
shall not apply if:
    (1) The response station will operate at an EIRP no greater than -6 
dBW; or
    (2) The response station will operate at an EIRP greater than -6 dBW 
and no more than 18 dBW and:
    (i) The channels being received at the ITFS site are neither the 
same as, nor directly adjacent to, the channel(s) to be transmitted from 
the response station; and
    (ii) The hub station licensee has replaced, at its expense, the 
frequency downconverters used at all ITFS receive sites registered and 
constructed prior to the filing of the hub station application which are 
within 1960 feet of the hub station's response service area; and
    (iii) The downconverters, at a minimum, conform to the following 
specifications:
    (A) A frequency of operation covering the 2150-2162 MHz band or the 
2500-2686 MHz band; and

[[Page 87]]

    (B) A third-order intercept point of 30 dBm; and
    (C) A conversion gain of 32 dB, or the same conversion gain as the 
existing ITFS downconverter, whichever is least; and
    (D) A noise figure of no greater than 2.5 dB, or no more than 1 dB 
greater than the noise figure of the existing ITFS downconverter, 
whichever is greater; and
    (iv) The proposal to upgrade the ITFS downconverter was made in 
writing and served upon the affected ITFS licensee, conditional licensee 
or applicant at the same time the application for the response station 
hub license was served on cochannel and adjacent channel ITFS parties 
and no objection was made within the 60-day period allowed for petitions 
to deny the hub station application.
    (o) Interference calculations shall be performed in accordance with 
Appendix D (as amended) to the Report and Order in MM Docket 97-217, FCC 
98-231, ``Methods For Predicting Interference From Response Station 
Transmitters and To Response Station Hubs and For Supplying Data on 
Response Station Systems.'' (Note: This document is subject to change 
and will be updated/amended as needed without prior notification. 
Applicants should always utilize the most current version of the 
document, as found at the Commission's internet web site, http://
www.fcc.gov/mmb/vsd/files/methodology.doc). Compliance with out-of-band 
emission limitations shall be established in accordance with Sec. 
21.908(e).

[63 FR 65105, Nov. 25, 1998; 64 FR 4054, Jan. 27, 1999, as amended at 64 
FR 63733, Nov. 22, 1999; 65 FR 46618, July 31, 2000]



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

    (a) Any licensee who has elected common carrier status and who seeks 
to discontinue service on a common carrier basis and instead provide 
service on a non-common carrier basis, or who otherwise intends to 
reduce or impair service the carrier shall notify all affected customers 
of the planned discontinuance, reduction or impairment on or before the 
date that the licensee provides notice to the Commission pursuant to 
Sec. 21.903(d).
    (b) Notice shall be in writing to each affected customer unless the 
Commission authorizes in advance, for good cause shown, another form of 
notice. Notice shall include the following:
    (1) Name and address of carrier; and
    (2) Date of planned service discontinuance, reduction or impairment; 
and
    (3) Points or geographic areas of service affected; and
    (4) How many and which channels are affected.

[64 FR 63735, Nov. 22, 1999]



Sec. 21.911  Annual reports.

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

[[Page 88]]

    (c) A copy of each year's report shall be retained in the principal 
office of the licensee and shall be readily available to the public for 
reference and inspection.

[55 FR 46011, Oct. 31, 1990]



Sec. 21.912  Cable television company eligibility requirements and MDS/cable 
cross-ownership.

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

    Note 1 to Sec. 21.912: In applying the provisions of this section, 
ownership and other interests in MDS licensees or cable television 
systems will be attributed to their holders and deemed cognizable 
pursuant to the following criteria:
    (a) Except as otherwise provided herein, partnership and direct 
ownership interests and any voting stock interest amounting to 5% or 
more of the outstanding voting stock of a corporate MDS licensee or 
cable television system will be cognizable;
    (b) Investment companies, as defined in 15 U.S.C. 80a-3, insurance 
companies and banks holding stock through their trust departments in 
trust accounts will be considered to have a cognizable interest only if 
they hold 20% or more of the outstanding voting stock of a corporate MDS 
licensee or cable television system, or if any of the officers or 
directors of the MDS licensee or cable television system are 
representatives of the investment company, insurance company or bank 
concerned. Holdings by a bank or insurance company will be aggregated if 
the bank or insurance company has any right to determine how the stock 
will be voted. Holdings by investment companies will be aggregated if 
under common management.
    (c) Attribution of ownership interests in an MDS licensee or cable 
television system that are held indirectly by any party through one or 
more intervening corporations will be determined by successive 
multiplication of the ownership percentages for each link in the 
vertical ownership chain and application of the relevant attribution 
benchmark to the resulting product, except that wherever the ownership 
percentage for any link in the chain exceeds 50%, it shall not be 
included for purposes of this multiplication. For purposes of paragraph 
(i) of this note, attribution of ownership interests in an MDS licensee 
or cable television system that are held indirectly by any party through 
one or more intervening organizations 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, and the ownership percentage for any 
link in the chain that exceeds 50% shall be included for purposes of 
this multiplication. [For example, except for purposes of paragraph (i) 
of this note, if A owns 10% of company X, which owns 60% of company Y, 
which owns 25% of ``Licensee,'' then X's interest in ``Licensee'' would 
be 25% (the same as Y's interest because X's interest in Y exceeds 50%), 
and A's interest in ``Licensee'' would be 2.5% (0.1x0.25). Under the 5% 
attribution benchmark, X's interest in ``Licensee'' would be cognizable, 
while A's interest would not be cognizable. For purposes of paragraph 
(i) of this note, X's interest in ``Licensee'' would be 15% (0.6x0.25) 
and A's interest in ``Licensee'' would be 1.5% (0.1x0.6x0.25). Neither 
interest would be attributed under paragraph (i) of this note.]
    (d) Voting 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

[[Page 89]]

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. An otherwise qualified trust will be 
ineffective to insulate the grantor or beneficiary from attribution with 
the trust's assets unless all voting stock interests held by the grantor 
or beneficiary in the relevant MDS licensee or cable television system 
are subject to said trust.
    (e) Subject to paragraph (i) of this note, holders of non-voting 
stock shall not be attributed an interest in the issuing entity. Subject 
to paragraph (i) of this note, holders of debt and instruments such as 
warrants, convertible debentures, options or other non-voting interests 
with rights of conversion to voting interests shall not be attributed 
unless and until conversion is effected.
    (f)(1) A limited partnership interest shall be attributed to a 
limited partner unless that partner is not materially involved, directly 
or indirectly, in the management or operation of the MDS or cable 
television activities of the partnership and the licensee or system so 
certifies. An interest in a Limited Liability Company (``LLC'') or 
Registered Limited Liability Partnership (``RLLP'') shall be attributed 
to the interest holder unless that interest holder is not materially 
involved, directly or indirectly, in the management or operation of the 
MDS or cable television activities of the partnership and the licensee 
or system so certifies.
    (2) For a licensee or system that is a limited partnership to make 
the certification set forth in paragraph (f)(1) of this note, it must 
verify that the partnership agreement or certificate of limited 
partnership, with respect to the particular limited partner exempt from 
attribution, establishes that the exempt limited partner has no material 
involvement, directly or indirectly, in the management or operation of 
the MDS or cable television activities of the partnership. For a 
licensee or system that is an LLC or RLLP to make the certification set 
forth in paragraph (f)(1) of this note, it must verify that the 
organizational document, with respect to the particular interest holder 
exempt from attribution, establishes that the exempt interest holder has 
no material involvement, directly or indirectly, in the management or 
operation of the MDS or cable television activities of the LLC or RLLP. 
The criteria which would assume adequate insulation for purposes of this 
certification are described in the Memorandum Opinion and Order in MM 
Docket No. 83-46, 50 FR 27438, July 3, 1985, as modified on 
reconsideration in the Memorandum Opinion and Order in MM Docket No. 83-
46, 52 FR 1630, January 15, 1987. Irrespective of the terms of the 
certificate of limited partnership or partnership agreement, or other 
organizational document in the case of an LLC or RLLP, however, no such 
certification shall be made if the individual or entity making the 
certification has actual knowledge of any material involvement of the 
limited partners, or other interest holders in the case of an LLC or 
RLLP, in the management or operation of the MDS or cable television 
businesses of the partnership or LLC or RLLP.
    (3) In the case of an LLC or RLLP, the licensee or system seeking 
installation shall certify, in addition, that the relevant state statute 
authorizing LLCs permits an LLC member to insulate itself as required by 
our criteria.
    (g) Officers and directors of an MDS licensee or cable television 
system are considered to have a cognizable interest in the entity with 
which they are so associated. If any such entity engages in businesses 
in addition to its primary business of MDS or cable television service, 
it may request the Commission to waive attribution for any officer or 
director whose duties and responsibilities are wholly unrelated to its 
primary business. The officers and directors of a parent company of an 
MDS licensee or cable television system, with an attributable interest 
in any such subsidiary entity, shall be deemed to have a cognizable 
interest in the subsidiary unless the duties and responsibilities of the 
officer or director involved are wholly unrelated to the MDS licensee or 
cable television system subsidiary, and a statement properly documenting 
this fact is submitted to the Commission. [This statement may be 
included on the Licensee Qualification Report.] The officers and 
directors of a sister corporation of an MDS licensee or cable television 
system shall not be attributed with ownership of these entities by 
virtue of such status.
    (h) Discrete ownership interests will be aggregated in determining 
whether or not an interest is cognizable under this section. An 
individual or entity will be deemed to have a cognizable investment if:
    (1) The sum of the interests held by or through ``passive 
investors'' is equal to or exceeds 20 percent; or
    (2) The sum of the interests other than those held by or through 
``passive investors'' is equal to or exceeds 5 percent; or
    (3) The sum of the interests computed under paragraph (h)(1) of this 
note plus the sum of the interests computed under paragraph (h)(2) of 
this note is equal to or exceeds 20 percent.
    (i) Notwithstanding paragraphs (e) and (f) of this note, the holder 
of an equity or debt interest or interests in an MDS licensee or cable 
television system subject to the MDS/cable cross-ownership rule 
(``interest holder'') shall have that interest attributed if:
    (1) the equity (including all stockholdings, whether voting or 
nonvoting, common or

[[Page 90]]

preferred) and debt interest or interests, in the aggregate, exceed 33 
percent of the total asset value (all equity plus all debt) of that MDS 
licensee or cable television system; and
    (2) The interest holder also holds an interest in an MDS licensee or 
cable television system that is attributable under paragraphs of this 
note other than this paragraph (i) and which operates in any portion of 
the franchise area served by that cable operator's cable system.
    (j) The term ``area served by a cable system'' means any area 
actually passed by the cable operator's cable system and which can be 
connected for a standard connection fee.
    (k) As used in this section ``cable operator'' shall have the same 
definition as in Sec. 76.5 of this chapter.
    Note 2 to Sec. 21.912: The Commission will entertain requests to 
waive the restrictions in paragraph (a) of this section where necessary 
to ensure that all significant portions of the franchise area are able 
to obtain multichannel video service. Such waiver requests should be 
filed in accordance with special relief procedures set forth in Sec. 
76.7.

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

[[Page 91]]

Lease arrangements between cable operators and MDS entities for which a 
lease or firm agreement was signed after February 8, 1990, and prior to 
October 5, 1992, will not be subject to the prohibitions of this 
section, if, pursuant to the then existing rural and overbuild 
exceptions, the lease arrangements were allowed.
    (3) The limitations on cable television ownership in this section do 
not apply to any cable operator in any franchise area in which a cable 
operator is subject to effective competition as determined under section 
623(l) of the Communications Act.
    (f) Interested persons may file a petition to deny an application 
filed pursuant to paragraph (d) of this section within 30 days after the 
Commission gives public notice that the application or petition has been 
filed. Petitions must be served upon the applicant, and must contain a 
complete and detailed showing, supported by affidavit, of any facts or 
considerations relied upon. The applicant may file an opposition to the 
petition to deny within 30 days after the filing of the petition, and 
must serve copies upon all persons who have filed petitions to deny. The 
Commission, after consideration of the pleadings, will determine whether 
the public interest, convenience and necessity would be served by the 
grant or denial of the application, in whole or in part. The Commission 
may specify other procedures, such as oral argument, evidentiary hearing 
or further written submission directed to particular aspects, as it 
deems appropriate.

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

[55 FR 46011, Oct. 31, 1990, as amended at 56 FR 57818, Nov. 14, 1991; 
58 FR 42018, Aug. 6, 1993; 58 FR 45064, Aug. 26, 1993; 61 FR 15387, Apr. 
8, 1996; 64 FR 50644, Sept. 17, 1999; 66 FR 9971, Feb. 13, 2001; 67 FR 
13224, Mar. 21, 2002]



Sec. 21.913  Signal booster stations.

    (a) An MDS booster station may reuse channels to repeat the signals 
of MDS stations or to originate signals on MDS channels. The aggregate 
power flux density generated by an MDS station and all associated signal 
booster stations and all simultaneously operating cochannel response 
stations may not exceed -73 dBW/m2 (or the appropriately 
adjusted value based on the actual bandwidth used if other than 6 MHz, 
see Sec. 21.902(b)(7)(i)) at or beyond the boundary of the protected 
service area, as defined in Sec. Sec. 21.902(d) and 21.933, of the main 
MDS station whose channels are being reused, as measured at locations 
for which there is an unobstructed signal path, unless the consent of 
the affected cochannel licensee is obtained.
    (b) A licensee or conditional licensee of an MDS station, or the 
capacity lessee of such MDS station upon the written consent of the 
licensee or conditional licensee, may secure a license for a high power 
signal booster station that has a maximum EIRP in excess of -9 dBW + 10 
log(X/6) dBW where X is the channel width in MHz, if it complies with 
the out-of-band emission requirements of Sec. 21.908. Any licensee of a 
high-power booster station that is a capacity lessee shall, upon 
termination or expiration of the capacity lease, automatically assign 
the booster station license to the licensee or conditional licensee of 
the MDS station by and upon written notice to the Commission signed by 
the lessee and such licensee or conditional licensee. If upon 
termination or expiration of the capacity lease the licensee or 
conditional licensee no longer desires or needs the high-power booster 
station license, such a license must be returned to the Commission. The 
applicant for a high-power station, or for modification thereto, where 
not subject to Sec. 21.41 or Sec. 21.42, shall file FCC Form 331 with 
Mellon Bank, and certify on that form

[[Page 92]]

that the applicant has complied with the additional requirements of this 
paragraph (b), and that the interference data submitted under this 
paragraph is complete and accurate. Failure to certify compliance and to 
comply completely with the following requirements of this paragraph (b) 
shall result in dismissal of the application or revocation of the high-
power MDS signal booster station license, and may result in imposition 
of a monetary forfeiture. The applicant is additionally required to 
submit (see Sec. 21.902(m) for permissible format(s) and media) to the 
Commission's Reference Room the following information:
    (1) A demonstration that the proposed signal booster station site is 
within the protected service area, as defined in Sec. Sec. 21.902(d) 
and 21.933, of the MDS station whose channels are to be reused; and
    (2) A study which demonstrates that the aggregate power flux density 
of the MDS station and all associated booster stations and 
simultaneously operating cochannel response stations licensed to or 
applied for by the applicant, measured at or beyond the boundary of the 
protected service area of the MDS station whose channels are to be 
reused, does not exceed -73 dBW/m2 (or the appropriately 
adjusted value based on the actual bandwidth used if other than 6 MHz, 
see Sec. 21.902(b)(7)(i)) at locations for which there is an 
unobstructed signal path, unless the consent of the affected licensees 
has been obtained; and
    (3) In lieu of the requirements of Sec. 21.902(c) and (i), a study 
which demonstrates that the proposed booster station will cause no 
harmful interference (as defined in Sec. 21.902(f)) to cochannel and 
adjacent channel, authorized or previously-proposed ITFS and MDS 
stations with protected service area center coordinates as specified in 
Sec. 21.902(d), to any authorized or previously-proposed response 
station hubs, booster stations or I channel stations associated with 
such ITFS and MDS stations, or to any ITFS receive sites registered as 
of September 17, 1998, within 160.94 kilometers (100 miles) of the 
proposed booster station's transmitter site. Such study shall consider 
the undesired signal levels generated by the proposed signal booster 
station, the main station, all other licensed or previously-proposed 
associated booster stations, and all simultaneously operating cochannel 
response stations licensed to or applied for by the applicant. In the 
alternative, a statement from the affected MDS or ITFS licensee or 
conditional licensee stating that it does not object to operation of the 
high-power MDS signal booster station may be submitted; and
    (4) A description of the booster service area; and
    (5) A demonstration either
    (i) That the booster service area is entirely within the protected 
service area to which the licensee of a station whose channels are being 
reused is entitled by virtue of its being the licensee of an incumbent 
MDS station, or by virtue of its holding a Basic Trading Area or 
Partitioned Service Area authorization; or
    (ii) That the licensee entitled to any cochannel protected service 
area which is overlapped by the proposed booster service area has 
consented to such overlap; and
    (6) A demonstration that the proposed booster service area can be 
served by the proposed booster without interference; and
    (7) A certification that copies of the materials set forth in 
paragraph (b) of this section have been served upon the licensee or 
conditional licensee of each station (including each response station 
hub and booster station) required to be studied pursuant to paragraph 
(b)(3) of this section, and upon any affected holder of a Basic Trading 
Area or Partitioned Service Area authorization pursuant to paragraph 
(b)(2) of this section.
    (8) If the applicant is a capacity lessee, a certification that:
    (i) The licensee or conditional licensee has provided its written 
consent to permit the capacity lessee to apply for the booster station 
license; and
    (ii) The applicant and the licensee or conditional licensee have 
entered into a lease that is in effect at the time of such filing.
    (c) Except as provided in Sec. 21.27(d), applications for high-
power MDS signal booster station licenses may be filed at any time. 
Notwithstanding any other provision of part 21 (including Sec. 21.31),

[[Page 93]]

applications for high-power MDS signal booster station licenses meeting 
the requirements of paragraph (b) of this section shall cut-off 
applications that are filed on a subsequent day for facilities that 
would cause harmful electromagnetic interference to the proposed booster 
stations.
    (d) Notwithstanding the provisions of Sec. 21.30(a)(4) and except 
as provided in Sec. 21.27(d), any petition to deny an application for a 
high-power MDS signal booster station license shall be filed no later 
than the sixtieth (60th) day after the date of public notice announcing 
the filing of such application or major amendment thereto. 
Notwithstanding Sec. 21.31 and except as provided in Sec. 21.27(d), an 
application for a high-power MDS signal booster station license that 
meets the requirements of paragraph (b) of this section shall be granted 
on the sixty-first (61st) day after the Commission shall have given 
public notice of the acceptance for filing of it, or of a major 
amendment to it if such major amendment has been filed, unless prior to 
such date either a party in interest timely files a formal petition to 
deny or for other relief pursuant to Sec. 21.30(a), or the Commission 
notifies the applicant that its application will not be granted. Where 
an application is granted pursuant to the provisions of this paragraph, 
the conditional licensee or licensee shall maintain a copy of the 
application at the MDS booster station until such time as the Commission 
issues a high-power MDS signal booster station license.
    (e) A licensee or conditional licensee of an MDS station, or the 
capacity licensee of such MDS station upon the written consent of the 
licensee or conditional licensee, shall be eligible to install and 
operate a low power signal booster station that has a maximum EIRP of -9 
dBW + log10(X/6) dBW, where X is the channel width in MHz. A low-power 
MDS signal booster station may operate only on one or more MDS channels 
that are licensed to the licensee of the MDS booster station, but may be 
operated by a third party with a fully-executed lease or consent 
agreement with the MDS conditional licensee or licensee. Any licensee of 
a low-power booster station that is a capacity lessee shall, upon 
termination or expiration of the capacity lease, automatically assign 
the booster station license to the licensee or conditional licensee of 
the MDS station by and upon written notice to the Commission signed by 
the lessee and such licensee or conditional licensee. If upon 
termination or expiration of the capacity lease the licensee or 
conditional licensee no longer desires or needs the low-power booster 
station license, such a license must be returned to the Commission. An 
MDS licensee, conditional licensee, or capacity lessee thereof, may 
install and commence operation of a low-power MDS signal booster station 
for the purpose of retransmitting the signals of the MDS station or for 
originating signals. Such installation and operation shall be subject to 
the condition that for sixty (60) days after installation and 
commencement of operation, no objection or petition to deny is filed by 
the licensee of a, or applicant for a previously-proposed, cochannel or 
adjacent channel ITFS or MDS station with a transmitter within 8.0 
kilometers (5 miles) of the coordinates of the low-power MDS signal 
booster station. An MDS licensee, conditional licensee, or capacity 
lessee thereof seeking to install a low-power MDS signal booster station 
under this rule must submit a FCC Form 331 to the Commission within 48 
hours after installation. In addition, the MDS licensee, conditional 
licensee, or capacity lessee must submit the following information (see 
Sec. 21.902(m) for permissible format(s) and media) to the Commission's 
Reference Room:
    (1) A description of the booster service area; and
    (2) A demonstration either
    (i) That the booster service area is entirely within the protected 
service area to which each licensee of a station whose channels are 
being reused is entitled by virtue of its being the licensee of an 
incumbent MDS station, or by virtue of its holding a Basic Trading Area 
or Partitioned Service Area authorization; or
    (ii) That the licensee entitled to any cochannel protected service 
area which is overlapped by the proposed booster service area has 
consented to such overlap; and

[[Page 94]]

    (3) A demonstration that the proposed booster service area can be 
served by the proposed booster without interference; and
    (4) A certification that:
    (i) The maximum power level of the signal booster transmitter does 
not exceed -9 dBW + 10 log(X/6) dBW, where X is the channel width in 
MHz; and
    (ii) Where the booster is operating on channel D4, E1, F1, E2, F2, 
E3, F3, E4, F4 and/or G1, no registered receiver of an ITFS E or F 
channel station, constructed prior to May 26, 1983, is located within a 
1.61 km (1 mile) radius of the coordinates of the booster, or in the 
alternative, that a consent statement has been obtained from the 
affected ITFS licensee; and
    (iii) The applicant has complied with Sec. 1.1307 of this chapter; 
and
    (iv) Each MDS and/or ITFS station licensee (including the licensees 
of booster stations and response station hubs) with protected service 
areas and/or registered receivers within a 8 km (5 mile) radius of the 
coordinates of the booster has been given notice of its installation; 
and
    (v) The signal booster site is within the protected service area of 
the MDS station whose channels are to be reused; and
    (vi) The aggregate power flux density of the MDS station and all 
associated booster stations and simultaneously operating cochannel 
response stations licensed to or applied for by the applicant, measured 
at or beyond the boundary of the protected service areas of the MDS 
stations whose channels are to be reused, does not exceed -73 dBW/
m2 (or the appropriately adjusted value based on the actual 
bandwidth used if other than 6 MHz, see Sec. 21.902(b)(7)(i)) at 
locations for which there is an unobstructed signal path, unless the 
consent of the affected licensees has been obtained; and
    (vii) The antenna structure will extend less than 6.10 meters (20 
feet) above the ground or natural formation or less than 6.10 meters (20 
feet) above an existing manmade structure (other than an antenna 
structure); and
    (viii) The applicant understands and agrees that, in the event 
harmful interference is claimed by the filing of an objection or 
petition to deny, it must terminate operation within two (2) hours of 
notification by the Commission, and must not recommence operation until 
receipt of written authorization to do so by the Commission; and
    (ix) If the applicant is a capacity lessee, a certification that:
    (A) The licensee or conditional licensee has provided its written 
consent to permit the capacity lessee to apply for the booster station 
license; and
    (B) The applicant and the licensee or conditional licensee have 
entered into a lease that is in effect at the time of such filing.
    (f) Commencing upon the filing of an application for a high-power 
MDS signal booster station license and until such time as the 
application is dismissed or denied or, if the application is granted, a 
certification of completion of construction is filed, an applicant for 
any new or modified MDS or ITFS station (including a response station 
hub, high-power booster station, or I Channels station) shall 
demonstrate compliance with the interference protection requirements set 
forth in Sec. Sec. 21.902 (b)(3) through (b)(5), 21.938 (b) (1) and (2) 
and (c), or 74.903 of this chapter with respect to any previously-
proposed or authorized booster service area both using the transmission 
parameters of the high-power MDS signal booster station (e.g., EIRP, 
polarization(s) and antenna height) and the transmission parameters of 
the MDS station whose channels are to be reused by the high-power MDS 
signal booster station. Upon the filing of a certification of completion 
of construction of an MDS booster station applied for pursuant to 
paragraph (b) of this section, or upon the submission of an MDS booster 
station notification pursuant to paragraph (e) of this section, the MDS 
station whose channels are being reused by the MDS signal booster shall 
no longer be entitled to interference protection pursuant to Sec. Sec. 
21.902 (b)(3) through (b)(5), 21.938 (b) (1) and (2) and (c), and 74.903 
of this chapter within the booster service area based on the 
transmission parameters of the MDS station whose channels are being 
reused. A booster station shall not be entitled to protection from 
interference caused by facilities proposed on or

[[Page 95]]

prior to the day the application or notification for the booster station 
is filed. A booster station shall not be required to protect from 
interference facilities proposed on or after the day the application or 
notification for the booster station is filed.
    (g) Where an application is granted under paragraph (d) of this 
section, if a facility operated pursuant to that grant causes harmful, 
unauthorized interference to any cochannel or adjacent channel facility, 
it must promptly remedy the interference or immediately cease operations 
of the interfering facility, regardless of whether any petitions to deny 
or for other relief were filed against the application during the 
application process. The burden of proving that a high-power MDS signal 
booster station is not causing harmful, unauthorized interference lies 
on the licensee of the alleged interfering facility, following the 
filing of a documented complaint of interference by an affected party.
    (h) In the event any MDS or ITFS receive site suffers interference 
due to block downconverter overload, the licensee of each non-co/
adjacent channel signal booster station within five miles of such 
receive site shall cooperate in good faith to expeditiously identify the 
source of the interference. Each licensee of a signal booster station 
contributing to such interference shall bear the joint and several 
obligation to remedy promptly all interference resulting from block 
downconverter overload at any ITFS registered receive site or at any 
receive site within an MDS or ITFS protected service area applied for 
prior to the submission of the application or notification for the 
signal booster station, regardless of whether the receive site suffering 
the interference was constructed prior to or after the construction of 
the signal booster station(s) causing the downconverter overload; 
provided, however, that the licensee of the registered ITFS receive site 
or the MDS or ITFS protected service area must cooperate fully and in 
good faith with efforts by signal booster station licensees to prevent 
interference before constructing the signal booster station and/or to 
remedy interference that may occur. In the event that more than one 
signal booster station licensee contributes to block downconverter 
interference at an MDS or ITFS receive site, such licensees shall 
cooperate in good faith to remedy promptly the interference.

[63 FR 65109, Nov. 25, 1998; 64 FR 4054, Jan. 27, 1999, as amended at 64 
FR 63736, Nov. 22, 1999; 65 FR 46619, July 31, 2000]

    Effective Date Note: At 65 FR 46619, July 31, 2000, Sec. 24.913 was 
amended by revising paragraphs (b) introductory text, (b)(8), and 
(e)(4)(ix). These paragraphs contain information collection and 
recordkeeping requirements and will not become effective until approval 
has been given by the Office of Management and Budget.



Sec. 21.914  Mutually-exclusive MDS applications.

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

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



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

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

[58 FR 11799, Mar. 1, 1993]



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

    Notwithstanding other EEO provisions within Sec. 1.815 of this 
chapter and

[[Page 96]]

Sec. 21.307, an entity that uses an owned or leased MDS, MMDS and/or 
ITFS facility to provide more than one channel of video programming 
directly to the public must comply with the equal employment opportunity 
requirements set forth in part 76, subparts E and U of this chapter, if 
such entity exercises control (as defined in part 76, subparts E and U 
of this chapter) over the video programming it distributes.

[58 FR 42249, Aug. 9, 1993, as amended at 65 FR 53614, Sept. 5, 2000]



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

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

[60 FR 36554, July 17, 1995]



Sec. 21.922  Authorized frequencies.

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

[60 FR 36555, July 17, 1995]



Sec. 21.923  Eligibility.

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

[60 FR 36555, July 17, 1995]



Sec. 21.924  Service areas.

    (a) MDS service areas are regional Basic Trading Areas (BTAs) which 
are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 
123rd Edition, at pages 38-39. The BTA Map is available for public 
inspection at the Reference Information Center, Consumer and 
Governmental Affairs Bureau, Federal Communications Commission, 445 12th 
Street, SW, Washington, DC 20554.
    (b) The following additions will be available for licensing 
separately as BTA-like areas: American Samoa; Guam; Northern Mariana 
Islands; San Juan, Puerto Rico; Mayaguez/Aguadilla-Ponce, Puerto Rico; 
and the United States Virgin Islands.
    (c) The area within the boundaries of a BTA to which a BTA 
authorization holder may provide Multipoint Distribution Service 
excludes the protected service areas of any incumbent MDS stations and 
previously proposed and authorized ITFS facilities, including registered 
receive sites.

[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995; 
64 FR 60726, Nov. 8, 1999; 67 FR 13225, Mar. 21, 2002]



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

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

[[Page 97]]

    (b) Separate long-form applications must be filed for each 
individual MDS station license sought within the protected service area 
of a BTA or PSA, including:
    (1) An application for each E-channel group, F-channel group, and 
single H, 1, and 2A channel station license sought;
    (2) An application for each site where one or more MDS response 
station hub license(s) is/are sought, provided that the technical 
parameters of each MDS response station hub are the same;
    (3) An application for each site where one or more MDS booster 
station(s) will operate with an EIRP in excess of -9 dBW (or, when 
subchannels or superchannels, or 125 kHz channels, are used, the 
appropriately adjusted value based upon the ratio of 6 MHz to the 
subchannel or superchannel, or 125 kHz, bandwidth);
    (4) An application for authority to operate at an MDS station in the 
area vacated by an MDS station incumbent that has forfeited its station 
license; and
    (5) An application for each ITFS-channel group station license 
sought in accordance with Sec. Sec. 74.990 and 74.991 of this chapter.
    (c) The Commission shall grant BTA authorizations to auction winners 
as set forth in Sec. 21.958.
    (d) No long-form application filed by the BTA authorization holder 
will be accepted prior to completion of the competitive bidding process 
and no long-form application will be granted until expiration of the 30-
day petition to deny period following the public notice listing of the 
application as being accepted for filing
    (e) Applicants may use the electronic filing procedures to file both 
the Multipoint Distribution Service short-form and long-form 
applications with the Commission.

[60 FR 36555, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995; 
63 FR 65112, Nov. 25, 1998]



Sec. 21.926  Amendments to long-form applications.

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

[60 FR 36555, July 17, 1995]



Sec. 21.927  Sole bidding applicants.

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

[60 FR 36555, July 17, 1995]



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

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

[60 FR 36555, July 17, 1995]



Sec. 21.929  Authorization period for station licenses.

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

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

[[Page 98]]



Sec. 21.930  Five-year build-out requirements.

    (a)(1) A BTA authorization holder has a five-year build-out period, 
beginning on the date of the grant of the BTA authorization and 
terminating on the 5th year anniversary of the grant of the 
authorization, within which it may develop and expand MDS station 
operations within its service area.
    (2) This period is not extended by the grant of subsequent 
authorizations (i.e., grant of a station license or modification).
    (3) Timely certifications of completion of construction for each MDS 
station within a BTA or partitioned service area must be filed upon 
completion of construction of a station.
    (b) Each BTA authorization holder has the exclusive right to build, 
develop, expand and operate MDS stations within its BTA service area 
during the five-year build-out period. The Commission will not accept 
competing applications for MDS station licenses within the BTA service 
area during this period.
    (c)(1) Within five years of the grant of a BTA authorization, the 
authorization holder must construct MDS stations to provide signals 
pursuant to Sec. 21.907 that are capable of reaching at least two-
thirds of the population of the applicable service area, excluding the 
populations within protected service areas of incumbent stations.
    (2) Sixty days prior to the end of the five-year build out period, 
the BTA authorization holder must file with the Commission proof that 
demonstrates the holder has met the requirements of Sec. 21.930(c)(1). 
The most recent census figures available from the U.S. Department of 
Commerce, Bureau of Census prior to the expiration of the authorization 
holder's five-year build-out period will be used to determine compliance 
with population-based requirements. In no event shall census figures 
gathered prior to 1990 be used.
    (d)(1) If the Commission finds that the BTA authorization holder has 
demonstrated that it has met the requirements of Sec. 21.930(c)(1), the 
Commission will issue a declaration that the holder has met such 
requirements.
    (2) If the Commission finds that the BTA authorization holder has 
not provided a signal as required in Sec. 21.930(c)(1), the Commission 
shall partition from the BTA any unserved area, using county lines as a 
guide, and shall re-authorize service to the unserved area pursuant to 
the MDS competitive bidding procedures of this subpart. Applications for 
such unserved areas are not acceptable for filing until a filing date is 
announced through a public notice.
    (i) The competitive bidding procedures set forth in Sec. Sec. 
21.950 through 21.960 shall be followed by applicants seeking authority 
to provide MDS service to the unserved partitioned area.
    (ii) The BTA authorization holder originally authorized to provide 
service is ineligible to participate in the competitive bidding process 
for the unserved areas partitioned from its BTA.

[60 FR 36555, July 17, 1995, as amended at 68 FR 42998, July 21, 2003]



Sec. 21.931  Partitioned service areas (PSAs).

    (a)(1) The holder of a BTA authorization may enter into contracts 
with eligible parties to partition any portion of its service area 
according to county boundaries, or according to other geopolitical 
subdivision boundaries, or multiple contiguous counties or geopolitical 
subdivisions within the BTA service area.
    (2)(i) Partitioning contracts must be filed with the Commission 
within 30 days of the date that such agreements are reached.
    (ii) The contracts must include descriptions of the areas being 
partitioned and include any documentation necessary to convey to the 
Commission the precise boundaries of the partitioned area.
    (3) Parties to partitioning contracts must file concurrently with 
such contracts one of the following, where appropriate:
    (i) An MDS long-form application for authority to operate a new MDS 
station within the PSA;
    (ii) Applications for assignment or transfer of existing stations 
with the PSA; or
    (iii) A statement of intention as defined in Sec. 21.956(a) along 
with a completed FCC Form 430.

[[Page 99]]

    (b) The eligibility requirements applicable to BTA authorization 
holders also apply to those individuals and entities seeking PSA 
authorizations.
    (c) Any individual or entity acquiring the rights to a partitioned 
area of a BTA also acquires the rights to any previously authorized 
individual stations located within the partitioned area that were held 
by the previous authorization holder, provided that grantable 
applications for assignment and transfer of control, FCC Forms 702 and 
704, are filed for existing stations and that acceptable amendments to 
pending long-form applications are filed. Pending long-form applications 
filed by the previous authorization holder for transmitter sites within 
the PSA may also be dismissed without prejudice at the applicant's 
request.
    (d) Authorizations for PSAs will be issued in accordance with Sec. 
21.958; however, when individual stations within an PSA are assigned 
along with the partitioned area, the authorization will be granted 
concurrently with the grant of the applications for assignment and 
transfer of the existing stations.
    (e) Subsequent to issuance of the authorization for a PSA, thee 
partitioned area will be treated as a separate protected service area.
    (f)(1) When any area within a BTA becomes a PSA, the remaining 
counties and other geopolitical subdivisions within that BTA will also 
be subsequently treated and classified as a PSA(s).
    (2) At the time a BTA is partitioned, the Commission shall cancel 
the BTA authorization initially issued and issue a PSA authorization to 
the former BTA authorization holder.
    (g) The duties and responsibilities imposed upon BTA authorization 
holders in this part and throughout the Commission's rules, such as 
Sec. 21.930(c)(1), apply to the holders of PSA authorizations.
    (h) The build-out period for PSAs voluntarily partitioned shall be 
the remainder of the five-year build-out period applicable to the BTA or 
PSA from which the PSA was drawn. For PSA authorizations issued pursuant 
to Sec. 21.930(d)(2) and the competitive bidding process, the build-out 
period is five years, beginning on the date of the grant of the PSA 
authorization. The requirements of Sec. 21.930(c)(1) also apply to the 
holders of authorizations for PSAs.

[60 FR 36556, July 17, 1995]



Sec. 21.932  Forfeiture of incumbent MDS station licenses.

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

[60 FR 36556, July 17, 1995]



Sec. 21.933  Protected service areas.

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

[[Page 100]]

PSA, even if these protected service areas extend into adjacent BTAs. 
The protected service area also includes registered receive sites.

[60 FR 57367, Nov. 15, 1995]



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

    (a)(1) A BTA or PSA authorization holder seeking approval for a 
transfer of control or assignment of its authorization within three 
years of receiving such authorization through a competitive bidding 
procedure must, together with its application for transfer of control or 
assignment, file with the Commission a statement indicating that its 
authorization was obtained through competitive bidding.
    (2) Such applicant must also file with the Commission the associated 
contracts for sale, option agreements, management agreements, or other 
documents disclosing the total consideration that the applicant would 
receive in return for the transfer or assignment of its authorization. 
This information should include not only a monetary price, but also any 
future, contingent, in-kind, or other consideration (e.g., management or 
consulting contracts either with or without an option to purchase; below 
market financing).
    (b) Transfers of control or assignments of BTA or PSA authorizations 
are subject to the limitations of Sec. Sec. 21.4, 21.900 and 21.912 of 
this subpart.
    (c) The anti-trafficking provision of Sec. 21.39 does not apply to 
the assignment or transfer of control of a BTA or PSA authorization, 
which was granted pursuant to the Commission's competitive bidding 
procedures.

[60 FR 36556, July 17, 1995]



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

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

[60 FR 36557, July 17, 1995]



Sec. 21.936  Cancellation of authorization.

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

[60 FR 36557, July 17, 1995]



Sec. 21.937  Negotiated interference protection.

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

[60 FR 36557, July 17, 1995]



Sec. 21.938  BTA and PSA technical and interference provisions.

    (a) BTA or PSA authorization holders are expected to cooperate with 
one another by designing their stations in a manner that protects 
service in adjoining BTAs and PSAs including consideration of 
interference abatement techniques such as cross polarization, frequency 
offset, directional antennas, antenna beam tilt, EIRP decrease, 
reduction of antenna height, and terrain shielding.
    (b) Unless the affected parties have executed a written interference 
agreement in accordance with Sec. 21.937, and subject to the provisions 
of Sec. Sec. 21.909, 21.913, 21.949, 74.939 of this chapter, 74.949 of 
this chapter and 74.985 of this

[[Page 101]]

chapter regarding the protection of response station hubs, booster 
service areas and 125 kHz channels from harmful electromagnetic 
interference, stations licensed to a BTA or PSA authorization holder 
must not cause harmful electromagnetic interference to the following:
    (1) The protected service area of other authorization holders in 
adjoining BTAs or PSAs.
    (2) The 56.33 km (35 mile) protected service areas of authorized or 
previously proposed MDS stations (incumbents).
    (3) Registered receive sites and protected service areas of 
authorized or previously proposed stations in the Instructional 
Television Fixed Service pursuant to the manner in which interference is 
defined in Sec. 74.903(a).
    (c)(1) ITFS applicants may locate a new station in an unused portion 
of a BTA or PSA where interference to a previously-proposed or 
authorized MDS station of a BTA or PSA authorization holder would not be 
predicted.
    (2) With respect to ITFS applications only and for purposes of 
determining the existence of harmful electromagnetic interference as 
caused to MDS stations licensed to BTA or PSA authorization holders by 
subsequently proposed ITFS stations within that BTA, MDS stations 
licensed to BTA and PSA authorization holders and will have a protected 
service area of 56.33 km (35 miles), centered on the antenna site of the 
MDS stations.
    (3) The 56.33 km (35 mile) protected service area afforded to a 
previously-proposed or authorized MDS station of a BTA or PSA 
authorization holder with respect to a subsequently proposed ITFS 
station is entitled to the interference protection standards of Sec. 
21.902.
    (4) An ITFS station authorized before September 15, 1995 may be 
modified, provided the power flux density of that station does not 
exceed -73 dBW/m\2\ (or the appropriate value for bandwidth other than 6 
MHz) at locations along the 56.33 km (35 mile) circle centered on the 
then-existing transmitting antenna site or service area of a collocated 
incumbent MDS station, as applicable.
    (d) Unless the affected parties have executed a written interference 
agreement in accordance with Sec. 21.937, it shall be the 
responsibility of a BTA or PSA authorization holder to correct at its 
expense any condition of harmful electromagnetic interference caused to 
authorized MDS service at locations within other BTAs or PSAs or within 
the 56.33 km (35 mile) protected service areas of authorized or 
previously proposed ITFS and MDS stations (incumbents), or at authorized 
or previously proposed ITFS receive sites.
    (e) Unless specifically excepted, BTA or PSA authorization holders 
are governed by the interference protection and other technical 
provisions applicable to MDS.
    (f) The calculated free space power flux density from an MDS 
station, other than an incumbent MDS station, may not exceed -73 dBW/
m\2\ (or the appropriate value for bandwidth other than 6 MHz) at 
locations on BTA or PSA boundaries for which there is an unobstructed 
signal path from the transmitting antenna to the boundary, unless the 
applicant has obtained the written consent of the authorization holder 
for the affected BTA or PSA.
    (g)(1) Authorization holders for BTAs or PSAs must notify 
authorization holders of adjoining areas of their application filings 
for new or modified stations; provided the proposed facility would 
produce an unobstructed signal path anywhere within the adjoining BTA or 
PSA.
    (2) This service of written notification must include a copy of the 
FCC application and occur on or before the date the application is filed 
with the Commission.
    (3) With regard to incumbent MDS stations, authorization holders for 
BTAs or PSAs must comply with the requirements of Sec. 21.902.
    (h) Where a PSA adjoins a BTA and both authorizations are held by 
the same individual or entity, the PSA shall be considered an extension 
of the protected service area of the BTA regarding the interference 
protection, limiting signal strength, and notification provisions of 
this section.

[60 FR 36557, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995; 
63 FR 65112, Nov. 25, 1998; 64 FR 63737, Nov. 22, 1999]

[[Page 102]]



Sec. 21.939  Harmful interference abatement.

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

[60 FR 36557, July 17, 1995]



Sec. 21.940  Non-subscription MDS service.

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

[63 FR 29668, June 1, 1998]



Sec. Sec. 21.941-21.948  [Reserved]



Sec. 21.949  Individually licensed 125 kHz channel MDS response stations.

    (a) The provisions of Sec. 21.909(a), (e), (h), (j), (l) and (m) 
and Sec. 74.939(j) of this chapter shall also apply with respect to 
authorization of 125 kHz channel MDS response stations not authorized 
under a response station hub license. The applicant shall comply with 
the requirements of Sec. 21.902 and Sec. 21.938 where appropriate, as 
well as with the provisions of Sec. Sec. 21.909, 21.913, 74.939 and 
74.985 of this chapter regarding the protection of response stations 
hubs and booster (and primary) service areas from harmful 
electromagnetic interference, using the appropriately adjusted 
interference protection values based upon the ratios of the bandwidths 
involved.
    (b) An application for a license to operate a new or modified 125 
kHz channel MDS response station not under a response station hub 
license shall be filed with Mellon Bank on FCC Form 331. The applicant 
shall supply the following information and certification on that form 
for each response station:
    (1) The geographic coordinates and street address of the MDS 
response station transmitting antenna; and
    (2) The manufacturer's name, type number, operating frequency, and 
power output of the proposed MDS response station transmitter; and
    (3) The type of transmitting antenna, power gain, azimuthal 
orientation and polarization of the major lobe of radiation in degrees 
measured clockwise from True North; and
    (4) A sketch giving pertinent details of the MDS response station 
transmitting antenna installation including ground elevation of the 
transmitter site above mean sea level; overall height above ground, 
including appurtenances, of any ground-mounted tower or mast on which 
the transmitting antenna will be mounted or, if the tower or mast is or 
will be located on an existing building or other manmade structure, the 
separate heights above ground of the building and the tower or mast 
including appurtenances; the location of the tower or mast on the 
building; the location of the transmitting antenna on the tower or mast; 
and the overall height of the transmitting antenna above ground.
    (5) A certification that all licensees and applicants appropriately 
covered under the provisions of (a), above, have been served with copies 
of the application.
    (c) Each MDS response station licensed under this section shall 
comply with the following:
    (1) No MDS response station shall be located beyond the protected 
service area of the MDS station with which it communicates; and
    (2) No MDS response station shall operate with a transmitter output 
power in excess of 2 watts; and
    (3) No MDS response station shall operate at an excess of 16 dBW 
EIRP.
    (d) During breaks in communications, the unmodulated carrier 
frequency of an analog transmission shall be maintained within 35 kHz of 
the assigned frequency at all times. Adequate means shall be provided to 
insure compliance with this rule.

[[Page 103]]

    (e) Each MDS response station shall employ a directive transmitting 
antenna oriented towards the transmitter site of the associated MDS 
station or towards the response station hub with which the MDS response 
station communicates. The beamwidth between half power points shall not 
exceed 15[deg] and radiation in any minor lobe of the antenna radiation 
pattern shall be at least 20 dB below the power in the main lobe of 
radiation.
    (f) A response station may be operated unattended. The overall 
performance of the response station transmitter shall be checked by the 
licensee of the station or hub receiving the response signal, or by the 
licensee's employees or agents, as often as necessary to ensure that the 
transmitter is functioning in accordance with the requirements of the 
Commission's rules. The licensee of the station or hub receiving the 
response signal is responsible for the proper operation of the response 
station and must have reasonable and timely access to the response 
station transmitter. The response station shall be installed and 
maintained by the licensee of the associated station or hub, or the 
licensee's employees or agents, and protected in such manner as to 
prevent tampering or operation by unauthorized persons. No response 
station which has not been installed by an authorized person may 
lawfully communicate with any station or hub.

[63 FR 65112, Nov. 25, 1998; 64 FR 4055, Jan. 27, 1999, as amended at 64 
FR 63737, Nov. 22, 1999]

    Effective Date Note: At 63 FR 65112, Nov. 25, 1998, Sec. 21.949 was 
added. Paragraphs (b) and (f) contain information and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec. 21.950  MDS subject to competitive bidding.

    Mutually exclusive initial applications for MDS licenses are subject 
to competitive bidding. The general competitive bidding procedures set 
forth in part 1, subpart Q of this chapter will apply unless otherwise 
provided in this part.

[67 FR 45366, July 9, 2002]



Sec. Sec. 21.951-21.953  [Reserved]



Sec. 21.954  Submission of upfront payments.

    Applicants who are small businesses eligible for reduced upfront 
payments will be required to submit an upfront payment amount in 
accordance with Sec. 21.960(d).

[68 FR 42998, July 21, 2003]



Sec. 21.955  [Reserved]



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

    (a)(1) Within 30 business days of being notified of its status as a 
winning bidder, each winning bidder for a BTA service area will be 
required to submit either:
    (i) An initial long-form application for an MDS station license, 
along with any required exhibits; or
    (ii) A statement of intention with regard to the BTA service area, 
along with any required exhibits, showing the encumbered nature of the 
BTA, identifying all previously authorized or proposed MDS and ITFS 
facilities, and describing in detail the winning bidder's plan for 
obtaining the previously authorized and/or proposed MDS stations within 
the BTA.
    (2) A winning bidder that fails to submit either the initial long-
form application or statement of intention as required under this 
section, and fails to establish good cause for any late-filed 
application or statement, shall be deemed to have defaulted and will be 
subject to the payments set forth in Sec. 21.959(a).
    (b) Each initial long-form application for an MDS station license 
within an auction winner's BTA service area, and each statement of 
intention with regard to an auction winner's BTA service area, must also 
include the following:
    (1) FCC Form 430;
    (2) An exhibit detailing the terms and conditions and parties 
involved in any bidding consortia, joint venture, partnership or other 
agreement or arrangement the winning bidder had entered into relating to 
the competitive bidding process prior to the time bidding was completed 
(see 47 CFR 1.2107(d) of this chapter);

[[Page 104]]

    (3) An exhibit complying with Sec. Sec. 1.2110(j) of this chapter 
and 21.960(f), if the winning bidder submitting the long-form 
application or statement of intention claims status as a designated 
entity.
    (c) Subsequent long-form applications for additional MDS station 
licenses within the BTA service areas of winning bidders may be 
submitted at any time during the five year build-out period and need not 
contain the exhibits specified in paragraphs (b)(2) through (3) of this 
section.

[60 FR 36559, July 17, 1995, as amended at 61 FR 18098, Apr. 24, 1996; 
67 FR 45366, July 9, 2002; 68 FR 42998, July 21, 2003]



Sec. 21.957  Comments on statements of intention.

    In addition to the provisions of Sec. 21.30, parties wishing to 
comment or oppose the issuance of a BTA authorization in connection with 
the filing of a statement of intention by a winning bidder must do so 
prior to the Commission's issuance of the BTA authorization.

[67 FR 45366, July 9, 2002]



Sec. 21.958  Issuance of BTA licenses.

    A winning bidder who submitted a long-form application for an MDS 
station license within its BTA service area pursuant to Sec. 21.956(a) 
will receive its BTA authorization concurrent with the grant of its MDS 
conditional station license within its BTA service area. A winning 
bidder who submitted a statement of intention with regard to its BTA 
service area pursuant to Sec. 21.956(a) will receive its BTA 
authorization following the Commission's review of its statement of 
intention. The Commission will issue a BTA authorization to a winning 
bidder within ten (10) business days following notification of receipt 
of full payment of the amount of the winning bid.

[67 FR 45366, July 9, 2002]



Sec. 21.959  [Reserved]



Sec. 21.960  Designated entity provisions for MDS.

    (a) Eligibility for small business provisions. A small business is 
an entity that together with its affiliates has average annual gross 
revenues that are not more than $40 million for the preceding three 
calendar years.
    (b) Designated entities. As specified in this section, designated 
entities that are winning bidders for BTA service areas are eligible for 
special incentives in the auction process. See 47 CFR 1.2110.
    (c) Installment payments. Small businesses and small business 
consortia may elect to pay the full amount of their winning bids for BTA 
service areas in installments over a ten (10) year period running from 
the date that their BTA authorizations are issued.
    (1) Each eligible winning bidder paying for its BTA authorization(s) 
on an installment basis must deposit by wire transfer or cashier's check 
in the manner specified in Sec. 21.955 sufficient additional funds as 
are necessary to bring its total deposits to ten (10) percent of its 
winning bid(s) within five (5) business days after the Commission has 
declared it the winning bidder and closed the bidding. Failure to remit 
the required payment will make the bidder liable for the payments set 
forth in Sec. 21.959(a)(2).
    (2) Within five (5) business days following release of the public 
notice stating that the BTA authorization of a winning bidder eligible 
for installment payments is ready to be issued, the winning bidder shall 
pay another ten (10) percent of its winning bid, thereby commencing the 
eligible bidder's installment payment plan. The Commission will issue 
the BTA authorization to the eligible winning bidder within ten (10) 
business days following notification of receipt of this additional ten 
(10) percent payment. Failure to remit the required payment will make 
the bidder liable for the payments set forth in Sec. 21.959(a)(2).
    (3) Upon issuance of a BTA authorization to a winning bidder 
eligible for installment payments, the Commission will notify such 
eligible BTA authorization holder of the terms of its installment 
payment plan. For MDS, such installment payment plans will:
    (i) Impose interest based on the rate of ten (10) year U.S. Treasury 
obligations at the time of issuance of the BTA authorization, plus two 
and one half (2.5) percent;

[[Page 105]]

    (ii) Allow installment payments for a ten (10) year period running 
from the date that the BTA authorization is issued;
    (iii) Begin with interest-only payments for the first two (2) years; 
and
    (iv) Amortize principal and interest over the remaining years of the 
ten (10) year period running from the date that the BTA authorization is 
issued.
    (4) Conditions and obligations. See Sec. 1.2110(f)(4) of this 
chapter.
    (5) Unjust enrichment. If an eligible BTA authorization holder that 
utilizes installment financing under this subsection seeks to partition, 
pursuant to Sec. 21.931, a portion of its BTA containing one-third or 
more of the population of the area within its control in the licensed 
BTA to an entity not meeting the eligibility standards for installment 
payments, the holder must make full payment of the remaining unpaid 
principal and any unpaid interest accrued through the date of partition 
as a condition of approval.
    (d) Reduced upfront payments. A prospective bidder that qualifies as 
a small business, or as a small business consortia, is eligible for a 
twenty-five (25) percent reduction in the amount of the upfront payment 
required by Sec. 21.954. To be eligible to bid on a particular BTA, a 
small business will be required to submit an upfront payment equal to 
seventy-five (75) percent of the upfront payment amount specified for 
that BTA in the public notice listing the upfront payment amounts 
corresponding to each BTA service area being auctioned.
    (e) Bidding credits. A winning bidder that qualifies as a small 
business, or as a small business consortia, may use a bidding credit of 
fifteen (15) percent to lower the cost of its winning bid on any of the 
BTA authorizations awarded in the MDS auction.
    (f) Short-form application certification; Long-form application or 
statement of intention disclosure. An MDS applicant claiming designated 
entity status shall certify on its short-form application that it is 
eligible for the incentives claimed. A designated entity that is a 
winning bidder for a BTA service area(s) shall, in addition to 
information required by Sec. 21.956(b), file an exhibit to either its 
initial long-form application for an MDS station license, or to its 
statement of intention with regard to the BTA, which discloses the gross 
revenues for each of the past three years of the winning bidder and its 
affiliates. This exhibit shall describe how the winning bidder claiming 
status as a designated entity satisfies the designated entity 
eligibility requirements, and must list and summarize all agreements 
that affect designated entity status, such as partnership agreements, 
shareholder agreements, management agreements and other agreements, 
including oral agreements, which establish that the designated entity 
will have both de facto and de jure control of the entity. See 47 CFR 
1.2110(i).
    (g) Records maintenance. All holders of BTA authorizations acquired 
by auction that claim designated entity status shall maintain, at their 
principal place of business or with their designated agent, an updated 
documentary file of ownership and revenue information necessary to 
establish their status. Holders of BTA authorizations or their 
successors in interest shall maintain such files for a ten (10) year 
period running from the date that their BTA authorizations are issued. 
The files must be made available to the Commission upon request.

[60 FR 36560, July 17, 1995, as amended at 60 FR 57367, Nov. 15, 1995; 
63 FR 2348, Jan. 15, 1998; 67 FR 45366, July 9, 2002; 68 FR 42998, July 
21, 2003]



Sec. 21.961  [Reserved]



PART 22_PUBLIC MOBILE SERVICES--Table of Contents




                      Subpart A_Scope and Authority

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

             Subpart B_Licensing Requirements and Procedures

                     Applications and Notifications

22.107 General application requirements.
22.131 Procedures for mutually exclusive applications.

[[Page 106]]

22.143 Construction prior to grant of application.
22.150 Standard pre-filing technical coordination procedure.
22.157 Distance computation.
22.159 Computation of average terrain elevation.
22.161 Application requirements for ASSB.
22.165 Additional transmitters for existing systems.
22.169 Internal coordination of channel assignments.

                     Competitive Bidding Procedures

22.201 Paging geographic area authorizations are subject to competitive 
          bidding.
22.203-22.211 [Reserved]
22.213 Filing of Long-form applications.
22.215 [Reserved]
22.217 Bidding credits for small businesses.
22.221 Eligibility for partitioned licenses.
22.223 Designated entities.
22.225 Certifications, disclosures, records maintenance, and 
          definitions.
22.227 Petitions to deny and limitations on settlements.
22.228 Cellular rural service area licenses subject to competitive 
          bidding.
22.229 Designated entities.

            Subpart C_Operational and Technical Requirements

                        Operational Requirements

22.301 Station inspection.
22.303 Retention of station authorizations; identifying transmitters.
22.305 Operator and maintenance requirements.
22.307 Operation during emergency.
22.313 Station identification.
22.317 Discontinuance of station operation.
22.321 Equal employment opportunities.
22.325 Control points.

                         Technical Requirements

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

                 Subpart D_Developmental Authorizations

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

               Subpart E_Paging and Radiotelephone Service

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

                            Paging Operation

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

                   One-way or Two-way Mobile Operation

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

                        Point-to-Point Operation

22.591 Channels for point-to-point operation.
22.593 Effective radiated power limits.

[[Page 107]]

22.599 Assignment of 72-76 MHz channels.
22.601 Assignment of microwave channels.
22.602 Transition of the 2110-2130 and 2160-2180 MHz channels to 
          emerging technologies.
22.603 488-494 MHz fixed service in Hawaii.

                      Point-to-Multipoint Operation

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

                  470-512 MHz Trunked Mobile Operation

22.651 470-512 MHz channels for trunked mobile operation.
22.653 Eligibility.
22.655 Channel usage.
22.657 Transmitter locations.
22.659 Effective radiated power limits.

                 Subpart F_Rural Radiotelephone Service

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

               Conventional Rural Radiotelephone Stations

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

                 Basic Exchange Telephone Radio Systems

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

               Subpart G_Air-Ground Radiotelephone Service

22.801 Scope.
22.803 Air-ground application requirements.

                  General Aviation Air-Ground Stations

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

                 Commercial Aviation Air-Ground Systems

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

                Subpart H_Cellular Radiotelephone Service

22.900 Scope.
22.901 Cellular service requirements and limitations.
22.905 Channels for cellular service.
22.907 Coordination of channel usage.
22.909 Cellular markets.
22.911 Cellular geographic service area.
22.912 Service area boundary extensions.
22.913 Effective radiated power limits.
22.917 Emission limitations for cellular equipment.
22.921 911 Call processing procedures; 911-only calling mode.
22.923 Cellular system configuration.
22.925 Prohibition on airborne operation of cellular telephones.
22.927 Responsibility for mobile stations.
22.929 Application requirements for the Cellular Radiotelephone Service.
22.935 Procedures for comparative renewal proceedings.
22.936 Dismissal of applications in cellular renewal proceedings.
22.939 Site availability requirements for applications competing with 
          cellular renewal applications.
22.940 Criteria for comparative cellular renewal proceedings.
22.942 Limitations on interests in licensees for both channel blocks in 
          RSAs.

[[Page 108]]

22.943 Limitations on transfer of control and assignment for 
          authoriziations issued as a result of a comparative renewal 
          proceeding.
22.946 Service commencement and construction systems.
22.947 Five year build-out period.
22.948 Partitioning and Disaggregation.
22.949 Unserved area licensing process.
22.950 Provision of service in the Gulf of Mexico Service Area (GMSA).
22.951 Minimum coverage requirement.
22.953 Content and form of applications.
22.955 Canadian condition.
22.957 Mexican condition.
22.959 Rules governing processing of applications for initial systems.
22.960 Cellular unserved area radiotelephone licenses subject to 
          competitive bidding.
22.961-22.967 [Reserved]
22.969 Cellular RSA licenses subject to competitive bidding.

                Subpart I_Offshore Radiotelephone Service

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

   Subpart J_Required New Capabilities Pursuant to the Communications 
               Assistance for Law Enforcement Act (CALEA)

22.1100 Purpose.
22.1101 Scope.
22.1102 Definitions.
22.1103 Capabilities that must be provided by a cellular 
          telecommunications carrier.

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

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



                      Subpart A_Scope and Authority



Sec. 22.1  Basis and purpose.

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



Sec. 22.3  Authorization required.

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



Sec. 22.5  Citizenship.

    The rules in this section implement section 310 of the 
Communications Act of 1934, as amended (47 U.S.C. Sec. 310), in regard 
to the citizenship of licensees in the Public Mobile Services.

[[Page 109]]

    (a) Foreign governments. The FCC will not grant an authorization in 
the Public Mobile Services to any foreign government or any 
representative thereof.
    (b) Alien ownership or control. The FCC will not grant an 
authorization in the Public Mobile Services to:
    (1) Any alien or the representative of any alien;
    (2) Any corporation organized under the laws of any foreign 
government;
    (3) Any corporation of which more than one-fifth of the capital 
stock is owned of record or voted by aliens or their representatives or 
by a foreign government or representative thereof, or by any corporation 
organized under the laws of a foreign country;
    (4) Any corporation directly or indirectly controlled by any other 
corporation of which more than one-fourth of the capital stock is owned 
of record or voted by aliens, their representatives, or by a foreign 
government or representative thereof, or by any corporation organized 
under the laws of a foreign country, if the FCC finds that the public 
interest will be served by the refusal or revocation of such license.

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



Sec. 22.7  General eligibility.

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



Sec. 22.99  Definitions.

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

[[Page 110]]

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

[[Page 111]]

duplexers etc.) is the power that would be necessary at the input 
terminals of a reference half-wave dipole antenna in order to produce 
the same maximum field intensity. ERP is usually calculated by 
multiplying the measured transmitter output power by the specified 
antenna system gain, relative to a half-wave dipole, in the direction of 
interest.
    Emission. The electromagnetic energy radiated from an antenna.
    Emission designator. An internationally accepted symbol for 
describing an emission in terms of its bandwidth and the characteristics 
of its modulation, if any. See Sec. 2.201 of this chapter for details.
    Emission mask. The design limits imposed, as a condition or 
certification, on the mean power of emissions as a function of frequency 
both within the authorized bandwidth and in the adjacent spectrum.
    Equivalent isotropically radiated power (EIRP). The equivalent 
isotropically radiated power of a transmitter (with antenna, 
transmission line, duplexers etc.) is the power that would be necessary 
at the input terminals of a reference isotropic radiator in order to 
produce the same maximum field intensity. An isotropic radiator is a 
theoretical lossless point source of radiation with unity gain in all 
directions. EIRP is usually calculated by multiplying the measured 
transmitter output power by the specified antenna system gain, relative 
to an isotropic radiator, in the direction of interest.
    Extension. In the Cellular Radiotelephone Service, an area within 
the service area boundary of a cellular system, but outside of the 
market boundary. See Sec. Sec. 22.911(c) and 22.912.
    Facsimile service. Transmission of still images from one place to 
another by means of radio.
    Fill-in transmitters. Transmitters added to a station, in the same 
area and transmitting on the same channel or channel block as previously 
authorized transmitters, that do not expand the existing service area, 
but are established for the purpose of improving reception in dead 
spots.
    Five year build-out period. A five year period during which the 
licensee of the first cellular system authorized on each channel block 
in each cellular market may expand the system within that market. See 
Sec. 22.947.
    Fixed transmitter. A stationary transmitter that communicates with 
other stationary transmitters.
    Frequency. The number of cycles occurring per second of an 
electrical or electromagnetic wave; a number representing a specific 
point in the electromagnetic spectrum.
    Ground station. In the Air-ground Radiotelephone Service, a 
stationary transmitter that provides service to airborne mobile 
stations.
    Gulf of Mexico Service Area (GMSA). The cellular market comprising 
the water area of the Gulf of Mexico bounded on the West, North and East 
by the coastline. Coastline, for this purpose, means the line of 
ordinary low water along that portion of the coast which is in direct 
contact with the open sea, and the line marking the seaward limit of 
inland waters. Inland waters include bays, historic inland waters and 
waters circumscribed by a fringe of islands within the immediate 
vicinity of the shoreline.
    Height above average terrain (HAAT). The height of an antenna above 
the average elevation of the surrounding area.
    In-building radiation systems. Supplementary systems comprising low 
power transmitters, receivers, indoor antennas and/or leaky coaxial 
cable radiators, designed to improve service reliability inside 
buildings or structures located within the service areas of stations in 
the Public Mobile Services.
    Initial cellular applications. Applications for authority to 
construct and operate a new cellular system, excluding applications for 
interim operating authority.
    Interfering contour. The locus of points surrounding a transmitter 
where the predicted median field strength of the signal from that 
transmitter is the maximum field strength that is not considered to 
cause interference at the service contour of another transmitter.
    Interoffice transmitter. A fixed transmitter in the Rural 
Radiotelephone Service that communicates with other interoffice 
transmitters for the purpose

[[Page 112]]

of interconnecting rural central offices.
    Meteor burst propagation mode. A long distance VHF radio 
communication path occurring as a result of the refraction of 
electromagnetic waves by ionized meteor trails.
    Mobile station. One or more transmitters that are capable of 
operation while in motion.
    Necessary bandwidth. The calculated spectral width of an emission. 
Calculations are made using procedures set forth in part 2 of this 
chapter. The bandwidth so calculated is considered to be the minimum 
necessary to convey information at the desired rate with the desired 
accuracy.
    Occupied bandwidth. The measured spectral width of an emission. The 
measurement determines occupied bandwidth as the difference between 
upper and lower frequencies where 0.5% of the emission power is above 
the upper frequency and 0.5% of the emission power is below the lower 
frequency.
    Offshore central transmitter. A fixed transmitter in the Offshore 
Radiotelephone Service that provides service to offshore subscriber 
stations.
    Offshore Radiotelephone Service. A radio service in which common 
carriers are authorized to offer and provide radio telecommunication 
services for hire to subscribers on structures in the offshore coastal 
waters of the Gulf of Mexico.
    Offshore subscriber station. One or more fixed and/or mobile 
transmitters in the Offshore Radiotelephone Service that receive service 
from offshore central transmitters.
    Pager. A small radio receiver designed to be carried by a person and 
to give an aural, visual or tactile indication when activated by the 
reception of a radio signal containing its specific code. It may also 
reproduce sounds and/or display messages that were also transmitted. 
Some pagers also transmit a radio signal acknowledging that a message 
has been received.
    Paging geographic area authorization. An authorization conveying the 
exclusive right to establish and expand one or more stations throughout 
a paging geographic area or, in the case of a partitioned geographic 
area, throughout a specified portion of a paging geographic area, on a 
specified channel allocated for assignment in the Paging and 
Radiotelephone Service. These are subject to the conditions that no 
interference may be caused to existing co-channel stations operated by 
other licensees within the paging geographic area and that no 
interference may be caused to existing or proposed co-channel stations 
of other licensees in adjoining paging geographic areas.
    Paging geographic areas. Standard geographic areas used by the FCC 
for administrative convenience in the licensing of stations to operate 
on channels allocated for assignment in the Paging and Radiotelephone 
Service. See Sec. 22.503(b).
    Paging and Radiotelephone Service. A radio service in which common 
carriers are authorized to offer and provide paging and radiotelephone 
service for hire to the general public. This service was formerly titled 
Public Land Mobile Service.
    Paging service. Transmission of coded radio signals for the purpose 
of activating specific pagers; such transmissions may include messages 
and/or sounds.
    Partitioned cellular market. A cellular market with two or more 
authorized cellular systems on the same channel block during the five 
year build-out period, as a result of settlements during initial 
licensing or contract(s) between the licensee of the first cellular 
system and the licensee(s) of the subsequent systems. See Sec. 
22.947(b).
    Public Mobile Services. Radio services in which common carriers are 
authorized to offer and provide mobile and related fixed radio 
telecommunication services for hire to the public.
    Radio common carrier. A telecommunications common carrier that 
provides radio communications services but is not engaged in the 
business of providing landline local exchange telephone service.
    Radio telecommunication services. Communication services provided by 
the use of radio, including radiotelephone, radiotelegraph, paging and 
facsimile service.
    Radiotelegraph service. Transmission of messages from one place to 
another by means of radio.

[[Page 113]]

    Radiotelephone service. Transmission of sound from one place to 
another by means of radio.
    Repeater. A fixed transmitter that retransmits the signals of other 
stations.
    Roamer. A mobile station receiving service from a station or system 
in the Public Mobile Services other than one to which it is a 
subscriber.
    Rural Radiotelephone Service. A radio service in which common 
carriers are authorized to offer and provide radio telecommunication 
services for hire to subscribers in areas where it is not feasible to 
provide communication services by wire or other means.
    Rural subscriber station. One or more fixed transmitters in the 
Rural Radiotelephone Service that receive service from central office 
transmitters.
    Service area. The geographic area considered by the FCC to be 
reliably served by a station in the Public Mobile Services.
    Service contour. The locus of points surrounding a transmitter where 
the predicted median field strength of the signal from that transmitter 
is the minimum field strength that is considered sufficient to provide 
reliable service to mobile stations.
    Service to subscribers. Service to at least one subscriber that is 
not affiliated with, controlled by or related to the providing carrier.
    Signal booster. A stationary device that automatically reradiates 
signals from base transmitters without channel translation, for the 
purpose of improving the reliability of existing service by increasing 
the signal strength in dead spots.
    Station. A station equipped to engage in radio communication or 
radio transmission of energy (47 U.S.C. 153(k)).
    Telecommunications common carrier. An individual, partnership, 
association, joint-stock company, trust or corporation engaged in 
rendering radio telecommunications services to the general public for 
hire.
    Temporary fixed station. One or more fixed transmitters that 
normally do not remain at any particular location for longer than 6 
months.
    Universal licensing system. The Universal Licensing System (ULS) is 
the consolidated database, application filing system, and processing 
system for all Wireless Radio Services. ULS supports electronic filing 
of all applications and related documents by applicants and licensees in 
the Wireless Radio Services, and provides public access to licensing 
information.
    Unserved areas. With regard to a channel block allocated for 
assignment in the Cellular Radiotelephone Service: Geographic area in 
the District of Columbia, or any State, Territory or possession of the 
United States of America that is not within the CGSA of any cellular 
system authorized to transmit on that channel block. With regard to a 
channel allocated for assignment in the Paging and Radiotelephone 
Service: Geographic area within the District of Columbia, or any State, 
Territory or possession of the United States of America that is not 
within the service contour of any base transmitter in any station 
authorized to transmit on that channel.
    Wireline common carrier. A telecommunications common carrier that is 
also engaged in the business of providing landline local exchange 
telephone service.

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31050, June 19, 1996; 
61 FR 54098, Oct. 17, 1996; 62 FR 11628, Mar. 12, 1997; 63 FR 36603, 
July 7, 1998; 63 FR 68943, Dec. 14, 1998; 67 FR 9609, Mar. 4, 2002]



             Subpart B_Licensing Requirements and Procedures

                     Applications and Notifications



Sec. 22.107  General application requirements.

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

[[Page 114]]

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



Sec. 22.131  Procedures for mutually exclusive applications.

    Two or more pending applications are mutually exclusive if the grant 
of one application would effectively preclude the grant of one or more 
of the others under Commission rules governing the Public Mobile 
Services involved. The Commission uses the general procedures in this 
section for processing mutually exclusive applications in the Public 
Mobile Services. Additional specific procedures are prescribed in the 
subparts of this part governing the individual Public Mobile Services 
(see Sec. Sec. 22.509, 22.717, and 22.949) and in part 1 of this 
chapter.
    (a) Separate applications. Any applicant that files an application 
knowing that it will be mutually exclusive with one or more applications 
should not include in the mutually exclusive application a request for 
other channels or facilities that would not, by themselves, render the 
application mutually exclusive with those other applications. Instead, 
the request for such other channels or facilities should be filed in a 
separate application.
    (b) Filing groups. Pending mutually exclusive applications are 
processed in filing groups. Mutually exclusive applications in a filing 
group are given concurrent consideration. The Commission may dismiss as 
defective (pursuant to Sec. 1.945 of this chapter) any mutually 
exclusive application(s) whose filing date is outside of the date range 
for inclusion in the filing group. The types of filing groups used in 
day-to-day application processing are specified in paragraph (c)(3) of 
this section. A filing group is one of the following types:
    (1) Renewal filing group. A renewal filing group comprises a timely-
filed application for renewal of an authorization and all timely-filed 
mutually exclusive competing applications (see Sec. 1.935 of this 
chapter).
    (2) Same-day filing group. A same-day filing group comprises all 
mutually exclusive applications whose filing date is the same day, which 
is normally the filing date of the first-filed application(s).
    (3) Thirty-day notice and cut-off filing group. A 30-day notice and 
cut-off filing group comprises mutually exclusive applications whose 
filing date is no later than thirty (30) days after the date of the 
Public Notice listing the first-filed application(s) (according to the 
filing dates) as acceptable for filing.
    (4) Window filing group. A window filing group comprises mutually 
exclusive applications whose filing date is within an announced filing 
window. An announced filing window is a period of time between and 
including two specific dates, which are the first and last dates on 
which applications (or amendments) for a particular purpose may be 
accepted for filing. In the case of a one-day window, the two dates are 
the same. The dates are made known to the public in advance.
    (c) Procedures. Generally, the Commission may grant one application 
in a filing group of mutually exclusive applications and dismiss the 
other application(s) in the filing that are excluded by that grant, 
pursuant to Sec. 1.945 of this chapter.
    (1) Selection methods. In selecting the application to grant, the 
Commission will use competitive bidding.
    (2) Dismissal of applications. The Commission may dismiss any 
application in a filing group that is defective or otherwise subject to 
dismissal under Sec. 1.945 of this chapter, either before or after 
employing selection procedures.
    (3) Type of filing group used. Except as otherwise provided in this 
part, the type of filing group used in the processing of two or more 
mutually exclusive applications depends upon the purpose(s) of the 
applications.
    (i) If one of the mutually exclusive applications is a timely-filed 
application for renewal of an authorization, a renewal filing group is 
used.
    (ii) If any mutually exclusive application filed on the earliest 
filing date is an application for modification and none of the mutually 
exclusive applications is a timely-filed application for renewal, a 
same-day filing group is used.

[[Page 115]]

    (iii) If all of the mutually exclusive applications filed on the 
earliest filing date are applications for initial authorization, a 30-
day notice and cut-off filing group is used, except that, for Phase I 
unserved area applications in the Cellular Radiotelephone Service, a 
one-day window filing group is used (see Sec. 22.949).
    (4) Disposition. If there is only one application in any type of 
filing group, the Commission may grant that application and dismiss 
without prejudice any mutually exclusive applications not in the filing 
group. If there is more than one mutually exclusive application in a 
filing group, the Commission disposes of these applications as follows:
    (i) Applications in a renewal filing group. All mutually exclusive 
applications in a renewal filing group are designated for comparative 
consideration in a hearing.
    (ii) Applications in a 30-day notice and cut-off filing group.
    (A) If all of the mutually exclusive applications in a 30-day notice 
and cut-off filing group are applications for initial authorization, the 
FCC administers competitive bidding procedures in accordance with Sec. 
22.201 through Sec. 22.227 and subpart Q of part 1 of this chapter, as 
applicable. After such procedures, the application of the successful 
bidder may be granted and the other applications may be dismissed 
without prejudice.
    (B) If any of the mutually exclusive applications in a 30-day notice 
and cut-off filing group is an application for modification, the 
Commission may attempt to resolve the mutual exclusivity by facilitating 
a settlement between the applicants. If a settlement is not reached 
within a reasonable time, the FCC may designate all applications in the 
filing group for comparative consideration in a hearing. In this event, 
the result of the hearing disposes all of the applications in the filing 
group.
    (iii) Applications in a same-day filing group. If there are two or 
more mutually exclusive applications in a same-day filing group, the 
Commission may attempt to resolve the mutual exclusivity by facilitating 
a settlement between the applicants. If a settlement is not reached 
within a reasonable time, the Commission may designate all applications 
in the filing group for comparative consideration in a hearing. In this 
event, the result of the hearing disposes of all of the applications in 
the filing group.
    (iv) Applications in a window filing group. Applications in a window 
filing group are processed in accordance with the procedures for a 30-
day notice and cut-off filing group in paragraph (c)(4)(ii) of this 
section.
    (d) Terminology. For the purposes of this section, terms have the 
following meanings:
    (1) The filing date of an application is the date on which that 
application was received in a condition acceptable for filing or the 
date on which the most recently filed major amendment to that 
application was received, whichever is later, excluding major amendments 
in the following circumstances:
    (i) The major amendment reflects only a change in ownership or 
control found by the Commission to be in the public interest;
    (ii) The major amendment as received is defective or otherwise found 
unacceptable for filing; or
    (iii) The application being amended has been designated for hearing 
and the Commission or the presiding officer accepts the major amendment.
    (2) An application for initial authorization is:
    (i) Any application requesting an authorization for a new system or 
station;
    (ii) Any application requesting authorization for an existing 
station to operate on an additional channel, unless the additional 
channel is for paired two-way radiotelephone operation, is in the same 
frequency range as the existing channel(s), and will be operationally 
integrated with the existing channel(s) such as by trunking;
    (iii) Any application requesting authorization for a new transmitter 
at a location more than 2 kilometers (1.2 miles) from any existing 
transmitters of the applicant licensee on the requested channel or 
channel block; or
    (iv) Any application to expand the CGSA of a cellular system (as 
defined in Sec. 22.911), except during the five-year build-out period.

[[Page 116]]

    (v) Any ``short-form'' application (filed on FCC Form 175) 
requesting a new paging geographic area authorization.

[59 FR 59954, Nov. 21, 1994, as amended at 62 FR 11629, Mar. 12, 1997; 
63 FR 68943, Dec. 14, 1998]



Sec. 22.143  Construction prior to grant of application.

    Applicants may construct facilities in the Public Mobile services 
prior to grant of their applications, subject to the provisions of this 
section, but must not operate such facilities until the FCC grants an 
authorization. If the conditions stated in this section are not met, 
applicants must not begin to construct facilities in the Public Mobile 
Services.
    (a) When applicants may begin construction. An applicant may begin 
construction of a facility 35 days after the date of the Public Notice 
listing the application for that facility as acceptable for filing, 
except that an applicant whose application to operate a new cellular 
system was selected in a random selection process may begin construction 
of that new cellular system 35 days after the date of the Public Notice 
listing it as the tentative selectee.
    (b) Notification to stop. If the FCC for any reason determines that 
construction should not be started or should be stopped while an 
application is pending, and so notifies the applicant, orally (followed 
by written confirmation) or in writing, the applicant must not begin 
construction or, if construction has begun, must stop construction 
immediately.
    (c) Assumption of risk. Applicants that begin construction pursuant 
to this section before receiving an authorization do so at their own 
risk and have no recourse against the United States for any losses 
resulting from:
    (1) Applications that are not granted;
    (2) Errors or delays in issuing Public Notices;
    (3) Having to alter, relocate or dismantle the facility; or
    (4) Incurring whatever costs may be necessary to bring the facility 
into compliance with applicable laws, or FCC rules and orders.
    (d) Conditions. Except as indicated, all pre-grant construction is 
subject to the following conditions:
    (1) The application is not mutually exclusive with any other 
application, except for successful bidders and tentative selectees in 
the Cellular Radiotelephone Service;
    (2) No petitions to deny the application have been filed;
    (3) The application does not include a request for a waiver of one 
or more FCC rules;
    (4) For any construction or alteration that would exceed the 
requirements of Sec. 17.7 of this chapter, the licensee has notified 
the appropriate Regional Office of the Federal Aviation Administration 
(FAA Form 7460-1), filed a request for antenna height clearance and 
obstruction marking and lighting specifications (FCC Form 854) with the 
FCC, PRB, Support Services Branch, Gettysburg, PA 17325;
    (5) The applicant has indicated in the application that the proposed 
facility would not have a significant environmental effect, in 
accordance with Sec. Sec. 1.1301 through 1.1319 of this chapter; and,
    (6) Under applicable international agreements and rules in this 
part, individual coordination of the proposed channel assignment(s) with 
a foreign administration is not required.



Sec. 22.150  Standard pre-filing technical coordination procedure.

    For operations on certain channels in the Public Mobile Services, 
carriers must attempt to coordinate the proposed use of spectrum with 
other spectrum users prior to filing an application for authority to 
operate a station. Rules requiring this procedure for specific channels 
and types of stations are contained in the subparts governing the 
individual Public Mobile Services.
    (a) Coordination comprises two steps--notification and response. 
Each step may be accomplished orally or in writing.
    (b) Notification must include relevant technical details of the 
proposal. At minimum, this should include the following:
    (1) Geographical coordinates of the antenna site(s).

[[Page 117]]

    (2) Transmitting and receiving channels to be added or changed.
    (3) Transmitting power, emission type and polarization.
    (4) Transmitting antenna pattern and maximum gain.
    (5) Transmitting antenna height above ground level.
    (c) Applicants and licensees receiving notification must respond 
promptly, even if no channel usage conflicts are anticipated. If any 
notified party fails to respond within 30 days, the applicant may file 
the application without a response from that party.
    (d) The 30-day period begins on the date the notification is 
submitted to the Commission via the ULS. If the notification is by mail, 
this date may be ascertained by:
    (1) The return receipt on certified mail,
    (2) The enclosure of a card to be dated and returned by the party 
being notified, or
    (3) A reasonable estimate of the time required for the mail to reach 
its destination. In this case, the date when the 30-day period will 
expire must be stated in the notification.
    (e) All channel usage conflicts discovered during the coordination 
process should be resolved prior to filing of the application. If the 
applicant is unable or unwilling to resolve a particular conflict, the 
application may be accepted for filing if it contains a statement 
describing the unresolved conflict and a brief explanation of the 
reasons why a resolution was not achieved.
    (f) If a number of changes in the technical parameters of a proposed 
facility become necessary during the course of the coordination process, 
an attempt should be made to minimize the number of separate 
notifications. If the changes are incorporated into a completely revised 
notice, the items that were changed from the previous notice should be 
identified.
    (g) In situations where subsequent changes are not numerous or 
complex, the party receiving the changed notification should make an 
effort to respond in less than 30 days. If the applicant believes a 
shorter response time is reasonable and appropriate, it should so 
indicate in the notice and suggest a response date.
    (h) If a subsequent change in the technical parameters of a proposed 
facility could not affect the facilities of one or more of the parties 
that received an initial notification, the applicant is not required to 
coordinate that change with these parties. However, these parties must 
be advised of the change and of the opinion that coordination is not 
required.

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68944, Dec. 14, 1998]



Sec. 22.157  Distance computation.

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

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

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


[[Page 118]]


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

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

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



Sec. 22.159  Computation of average terrain elevation.

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



Sec. 22.161  Application requirements for ASSB.

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

[[Page 119]]

transmitters in the group, in the direction of the protected station. 
The antenna center of radiation height above average terrain must be the 
highest antenna center of radiation height of any transmitter in the 
group in the direction of the protected station. The channel of the 
group is assumed to be the same as that of the protected station (co-
channel), and studies must be made in accordance with Sec. 22.567.



Sec. 22.165  Additional transmitters for existing systems.

    A licensee may operate additional transmitters at additional 
locations on the same channel or channel block as its existing system 
without obtaining prior Commission approval provided:
    (a) International coordination. The locations and/or technical 
parameters of the additional transmitters are such that individual 
coordination of the channel assignment(s) with a foreign administration, 
under applicable international agreements and rules in this part, is not 
required.
    (b) Antenna structure registration. Certain antenna structures must 
be registered with the Commission prior to construction or alteration. 
Registration requirements are contained in part 17 of this chapter.
    (c) Environmental. The additional transmitters must not have a 
significant environmental effect as defined by Sec. Sec. 1.1301 through 
1.1319 of this chapter.
    (d) Paging and Radiotelephone Service. The provisions in this 
paragraph apply for stations in the Paging and Radiotelephone Service.
    (1) The interfering contours of the additional transmitter(s) must 
be totally encompassed by the composite interfering contour of the 
existing station (or stations under common control of the applicant) on 
the same channel, except that this limitation does not apply to 
nationwide network paging stations or in-building radiation systems.
    (2) Additional transmitters in the 43 MHz frequency range operate 
under developmental authority, subject to the conditions set forth in 
Sec. 22.411.
    (3) The additional transmitters must not operate on control channels 
in the 72-76 MHz, 470-512 MHz, 928 MHz, 932 MHz, 941 MHz or 959 MHz 
frequency ranges.
    (e) Cellular radiotelephone service. During the five-year build-out 
period, the service area boundaries of the additional transmitters, as 
calculated by the method set forth in Sec. 22.911(a), must remain 
within the market, except that the service area boundaries may extend 
beyond the market boundary into the area that is part of the CGSA or is 
already encompassed by the service area boundaries of previously 
authorized facilities. After the five-year build-out period, the service 
area boundaries of the additional transmitters, as calculated by the 
method set forth in Sec. 22.911(a), must remain within the CGSA. 
Licensees must notify the Commission (FCC Form 601) of any transmitters 
added under this section that cause a change in the CGSA boundary. The 
notification must include full size and reduced maps, and supporting 
engineering, as described in Sec. 22.953(a)(1) through (3). If the 
addition of transmitters involves a contract service area boundary (SAB) 
extension (see Sec. 22.912), the notification must include a statement 
as to whether the five-year build-out period for the system on the 
relevant channel block in the market into which the SAB extends has 
elapsed and whether the SAB extends into any unserved area in the 
market. The notification must be made electronically via the ULS, or 
delivered to the filing place (see Sec. 1.913 of this chapter) once 
yearly during the five-year build-out on the anniversary of the license 
grant date.
    (f) Air-ground Radiotelephone Service. Ground stations may be added 
to Commercial Aviation air-ground systems at previously established 
ground station locations, pursuant to Sec. 22.859, subject to 
compliance with the applicable technical rules. This section does not 
apply to General Aviation air-ground stations.
    (g) Rural Radiotelephone Service. A ``service area'' and 
``interfering contours'' must be determined using the same method as for 
stations in the Paging and Radiotelephone Service. The service area and 
interfering contours so determined for the additional transmitter(s) 
must be totally encompassed by the similarly determined

[[Page 120]]

composite service area contour and predicted interfering contour, 
respectively, of the existing station on the same channel. This section 
does not apply to Basic Exchange Telecommunications Radio Systems.
    (h) Offshore Radiotelephone Service. This section does not apply to 
stations in the Offshore Radiotelephone Service.
    (i) Provision of information upon request. Upon request by the FCC, 
licensees must supply administrative or technical information concerning 
the additional transmitters. At the time transmitters are added pursuant 
to this section, licensees must make a record of the pertinent technical 
and administrative information so that such information is readily 
available. See Sec. 22.303.

[59 FR 59507, Nov. 17, 1994; 59 FR 64856, Dec. 16, 1994; as amended at 
62 FR 11629, Mar. 12, 1997; 63 FR 68944, Dec. 14, 1998; 64 FR 53240, 
Oct. 1, 1999; 67 FR 77190, Dec. 17, 2002]



Sec. 22.169  International coordination of channel assignments.

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

                     Competitive Bidding Procedures

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



Sec. 22.201  Paging geographic area authorizations are subject to 
competitive bidding.

    Mutually exclusive initial applications for paging geographic area 
licenses are subject to competitive bidding. The general competitive 
bidding procedures set forth in part 1, subpart Q of this chapter will 
apply unless otherwise provided in this subpart and part 90 of this 
chapter.

[67 FR 45366, July 9, 2002]



Sec. Sec. 22.203-22.211  [Reserved]



Sec. 22.213  Filing of long-form applications.

    After an auction, the Commission will not accept long form 
applications for paging geographic authorizations from anyone other than 
the auction winners and parties seeking partitioned authorizations 
pursuant to agreements with auction winners under Sec. 22.221.

[67 FR 45366, July 9, 2002]



Sec. 22.215  [Reserved]



Sec. 22.217  Bidding credit for small businesses.

    A winning bidder that qualifies as a small business, as defined in 
Sec. 22.223(b)(1), or a consortium of small businesses may use a 
bidding credit of thirty-five (35) percent to lower the cost of its 
winning bid. A winning bidder that qualifies as a small business, as 
defined in Sec. 22.223(b)(2), or consortium of small businesses may use 
a bidding credit of twenty-five (25) percent to lower the cost of its 
winning bid.

[68 FR 42998, July 21, 2003]



Sec. 22.221  Eligibility for partitioned licenses.

    If partitioned licenses are being applied for in conjunction with a 
license(s) to be awarded through competitive bidding procedures--
    (a) The applicable procedures for filing short-form applications and 
for submitting upfront payments and down payments contained in this 
chapter shall be followed by the applicant, who must disclose as part of 
its short-form application all parties to agreement(s) with or among 
other entities to partition the license pursuant to this section, if won 
at auction (see 47 CFR 1.2105(a)(2)(viii));
    (b) Each party to an agreement to partition the authorization must 
file a long-form application (FCC Form 601) for its respective, mutually 
agreed-upon geographic area together with the application for the 
remainder of the MEA or EA filed by the auction winner.
    (c) If the partitioned authorization is being applied for as a 
partial assignment of the MEA or EA authorization following grant of the 
initial authorization, request for authorization for partial assignment 
of an authorization

[[Page 121]]

shall be made pursuant to Sec. 1.948 of this part.

[59 FR 59507, Nov. 17, 1994, as amended at 64 FR 33781, June 24, 1999]



Sec. 22.223  Designated entities.

    (a) Scope. The definitions in this section apply to Sec. Sec. 
22.201 through 22.227, unless otherwise specified in those sections.
    (b) A small business is an entity that either:
    (1) Together with its affiliates and controlling interests has 
average gross revenues that are not more than $3 million for the 
preceding three years; or
    (2) Together with its affiliates and controlling interests has 
average gross revenues that are not more than $15 million for the 
preceding three years.

[68 FR 42998, July 21, 2003]



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

    (a) 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 small businesses under Sec. 22.223. 
Licensees (and their successors-in-interest) shall maintain such files 
for the term of the license. Applicants that do not obtain the 
license(s) for which they applied shall maintain such files until the 
grant of such license(s) is final, or one year from the date of the 
filing of their short-form application (FCC Form 175), whichever is 
earlier.
    (b) Definition. The term small business used in this section is 
defined in Sec. 22.223.

[67 FR 45367, July 9, 2002, as amended at 68 FR 42998, July 21, 2003]



Sec. 22.227  Petitions to deny and limitations on settlements.

    (a) Procedures regarding petitions to deny long-form applications in 
the paging service will be governed by Sec. 1.939 of this chapter.
    (b) The consideration that an individual or an entity will be 
permitted to receive for agreeing to withdraw an application or petition 
to deny will be limited by the provisions set forth in Sec. 1.935 of 
this chapter.

[67 FR 45367, July 9, 2002]



Sec. 22.228  Cellular rural service area licenses subject to competitive 
bidding.

    Mutually exclusive initial applications for Cellular Rural Service 
Area licenses are subject to competitive bidding. The general 
competitive bidding procedures set forth in part 1, subpart Q of this 
chapter will apply unless otherwise provided in this subpart.

[67 FR 45367, July 9, 2002]



Sec. 22.229  Designated entities.

    (a) Eligibility for small business provisions. (1) A very small 
business is an entity that, together with its controlling interests and 
affiliates, has average annual gross revenues not exceeding $3 million 
for the preceding three years.
    (2) A small business is an entity that, together with its 
controlling interests and affiliates, has average annual gross revenues 
not exceeding $15 million for the preceding three years.
    (3) An entrepreneur is an entity that, together with its controlling 
interests and affiliates, has average annual gross revenues not 
exceeding $40 million for the preceding three years.
    (b) Bidding credits. A winning bidder that qualifies as a very small 
business, as defined in this section, or a consortium of very small 
businesses may use the bidding credit specified in Sec. 1.2110(f)(2)(i) 
of this chapter. A winning bidder that qualifies as a small business, as 
defined in this section, or a consortium of small businesses may use the 
bidding credit specified in Sec. 1.2110(f)(2)(ii) of this chapter. A 
winning bidder that qualifies as an entrepreneur, as defined in this 
section, or a consortium of entrepreneurs may use the bidding credit 
specified in Sec. 1.2110(f)(2)(iii) of this chapter.

[67 FR 11434, Mar. 14, 2002, as amended at 68 FR 42998, July 21, 2003]

[[Page 122]]



            Subpart C_Operational and Technical Requirements

                        Operational Requirements



Sec. 22.301  Station inspection.

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

[59 FR 59955, Nov. 21, 1994]



Sec. 22.303  Retention of station authorizations; identifying transmitters.

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



Sec. 22.305  Operator and maintenance requirements.

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



Sec. 22.307  Operation during emergency.

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



Sec. 22.313  Station identification.

    The licensee of each station in the Public Mobile Services must 
ensure that the transmissions of that station are identified in 
accordance with the requirements of this section.
    (a) Station identification is not required for transmission by:
    (1) Stations in the Cellular Radiotelephone Service;
    (2) General aviation ground stations in the Air-ground 
Radiotelephone Service;
    (3) Rural subscriber stations using meteor burst propagation mode 
communications in the Rural Radiotelephone Service;
    (4) Stations using Basic Exchange Telephone Radio Systems in the 
Rural Radiotelephone Service;
    (5) Nationwide network paging stations operating on 931 MHz 
channels; or,
    (6) Stations operating pursuant to paging geographic area 
authorizations.
    (b) For all other stations in the Public Mobile Services, station 
identification must be transmitted each hour within five minutes of the 
hour, or upon completion of the first transmission after the hour. 
Transmission of station identification may be temporarily delayed to 
avoid interrupting

[[Page 123]]

the continuity of any public communication in progress, provided that 
station identification is transmitted at the conclusion of that public 
communication.
    (c) Station identification must be transmitted by telephony using 
the English language or by telegraphy using the international Morse 
code, and in a form that can be received using equipment appropriate for 
the modulation type employed, and understood without the use of 
unscrambling devices, except that, alternatively, station identification 
may be transmitted digitally, provided that the licensee provides the 
Commission with information sufficient to decode the digital 
transmission to ascertain the call sign. Station identification 
comprises transmission of the call sign assigned by the Commission to 
the station, however, the following may be used in lieu of the call 
sign.
    (1) For transmission from subscriber operated transmitters, the 
telephone number or other designation assigned by the carrier, provided 
that a written record of such designations is maintained by the carrier;
    (2) For general aviation airborne mobile stations in the Air-Ground 
Radiotelephone Service, the official FAA registration number of the 
aircraft;
    (3) For stations in the Paging and Radiotelephone Service, a call 
sign assigned to another station within the same system.

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



Sec. 22.317  Discontinuance of station operation.

    If the operation of a Public Mobile Services station is permanently 
discontinued, the licensee shall send authorization for cancellation by 
electronic filing via the ULS on FCC Form 601. For purposes of this 
section, any station that has not provided service to subscribers for 90 
continuous days is considered to have been permanently discontinued, 
unless the applicant notified the FCC otherwise prior to the end of the 
90 day period and provided a date on which operation will resume, which 
date must not be in excess of 30 additional days.

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 54099, Oct. 17, 1996; 
63 FR 68944, Dec. 14, 1998]



Sec. 22.321  Equal employment opportunities.

    Public Mobile Services licensees shall afford equal opportunity in 
employment to all qualified persons, and personnel must not be 
discriminated against in employment because of sex, race, color, 
religion, or national origin.
    (a) Equal employment opportunity program. Each licensee shall 
establish, maintain, and carry out a positive continuing program of 
specific practices designed to assure equal opportunity in every aspect 
of employment policy and practice.
    (1) Under the terms of its program, each licensee shall:
    (i) Define the responsibility of each level of management to insure 
a positive application and vigorous enforcement of the policy of equal 
opportunity, and establish a procedure to review and control managerial 
and supervisory performance.
    (ii) Inform its employees and recognized employee organizations of 
the positive equal employment opportunity policy and program and enlist 
their cooperation.
    (iii) Communicate its equal employment opportunity policy and 
program and its employment needs to sources of qualified applicants 
without regard to sex, race, color, religion or national origin, and 
solicit their recruitment assistance on a continuing basis.
    (iv) Conduct a continuing campaign to exclude every form of 
prejudice or discrimination based upon sex, race, color, religion, or 
national origin, from the licensee's personnel policies and practices 
and working conditions.
    (v) Conduct a continuing review of job structure and employment 
practices and adopt positive recruitment, training, job design and other 
measures needed in order to ensure genuine equality of opportunity to 
participate fully in all organizational units, occupations and levels of 
responsibility.
    (2) The program must reasonably address specific concerns through 
policies

[[Page 124]]

and actions as set forth in this paragraph, to the extent that they are 
appropriate in consideration of licensee size, location and other 
factors.
    (i) To assure nondiscrimination in recruiting. (A) Posting notices 
in the licensee's offices informing applicants for employment of their 
equal employment rights and their right to notify the Equal Employment 
Opportunity Commission (EEOC), the Federal Communications Commission 
(FCC), or other appropriate agency. Where a substantial number of 
applicants are Spanish-surnamed Americans, such notice should be posted 
in both Spanish and English.
    (B) Placing a notice in bold type on the employment application 
informing prospective employees that discrimination because of sex, 
race, color, religion or national origin is prohibited, and that they 
may notify the EEOC, the FCC or other appropriate agency if they believe 
they have been discriminated against.
    (C) Placing employment advertisements in media which have 
significant circulation among minority groups in the recruiting area.
    (D) Recruiting through schools and colleges with significant 
minority group enrollments.
    (E) Maintaining systematic contacts with minority and human 
relations organizations, leaders and spokespersons to encourage referral 
of qualified minority or female applicants.
    (F) Encouraging present employees to refer minority or female 
applicants.
    (G) Making known to the appropriate recruitment sources in the 
employer's immediate area that qualified minority members are being 
sought for consideration whenever the licensee hires.
    (ii) To assure nondiscrimination in selection and hiring. (A) 
Instructing employees of the licensee who make hiring decisions that all 
applicants for all jobs are to be considered without discrimination.
    (B) Where union agreements exist, cooperating with the union or 
unions in the development of programs to assure qualified minority 
persons or females of equal opportunity for employment, and including an 
effective nondiscrimination clause in new or renegotiated union 
agreements.
    (C) Avoiding use of selection techniques or tests that have the 
effect of discriminating against minority groups or females.
    (iii) To assure nondiscriminatory placement and promotion. (A) 
Instructing employees of the licensee who make decisions on placement 
and promotion that minority employees and females are to be considered 
without discrimination, and that job areas in which there is little or 
no minority or female representation should be reviewed to determine 
whether this results from discrimination.
    (B) Giving minority groups and female employees equal opportunity 
for positions which lead to higher positions. Inquiring as to the 
interest and skills of all lower-paid employees with respect to any of 
the higher-paid positions, followed by assistance, counseling, and 
effective measures to enable employees with interest and potential to 
qualify themselves for such positions.
    (C) Reviewing seniority practices to insure that such practices are 
nondiscriminatory and do not have a discriminatory effect.
    (D) Avoiding use of selection techniques or tests that have the 
effect of discriminating against minority groups or females.
    (iv) To assure nondiscrimination in other areas of employment 
practices. (A) Examining rates of pay and fringe benefits for present 
employees with equivalent duties and adjusting any inequities found.
    (B) Providing opportunity to perform overtime work on a basis that 
does not discriminate against qualified minority groups or female 
employees.
    (b) EEO statement. Each licensee having 16 or more full-time 
employees shall file with the FCC, no later than May 31st following the 
grant of that licensee's first Public Mobile Services authorization, a 
statement describing fully its current equal employment opportunity 
program, indicating specific practices to be followed in order to assure 
equal employment opportunity on the basis of sex, race, color, religion 
or national origin in such aspects of employment practices as regards 
recruitment, selection, training, placement, promotion, pay, working 
conditions,

[[Page 125]]

demotion, layoff and termination. Any licensee having 16 or more full-
time employees that changes its existing equal employment opportunity 
program shall file with the FCC, no later than May 31st thereafter, a 
revised statement reflecting the change(s).

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

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



Sec. 22.325  Control points.

    Each station in the Public Mobile Services must have at least one 
control point and a person on duty who is responsible for station 
operation. This

[[Page 126]]

section does not require that the person on duty be at the control point 
or continuously monitor all transmissions of the station. However, the 
control point must have facilities that enable the person on duty to 
turn off the transmitters in the event of a malfunction.

                         Technical Requirements



Sec. 22.351  Channel assignment policy.

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



Sec. 22.352  Protection from interference.

    Public Mobile Service stations operating in accordance with FCC 
rules that provide technical channel assignment criteria for the radio 
service and channels involved, all other applicable FCC rules, and the 
terms and conditions of their authorizations are normally considered to 
be non-interfering. If the FCC determines, however, that interference 
that significantly interrupts or degrades a radio service is being 
caused, it may, in accordance with the provisions of sections 303(f) and 
316 of the Communications Act of 1934, as amended, (47 U.S.C. 303(f), 
316), require modifications to any Public Mobile station as necessary to 
eliminate such interference.
    (a) Failure to operate as authorized. Any licensee causing 
interference to the service of other stations by failing to operate its 
station in full accordance with its authorization and applicable FCC 
rules shall discontinue all transmissions, except those necessary for 
the immediate safety of life or property, until it can bring its station 
into full compliance with the authorization and rules.
    (b) Intermodulation interference. Licensees should attempt to 
resolve such interference by technical means.
    (c) Situations in which no protection is afforded. Except as 
provided elsewhere in this part, no protection from interference is 
afforded in the following situations:
    (1) Interference to base receivers from base or fixed transmitters. 
Licensees should attempt to resolve such interference by technical means 
or operating arrangements.
    (2) Inteference to mobile receivers from mobile transmitters. No 
protection is provided against mobile-to-mobile interference.
    (3) Interference to base receivers from mobile transmitters. No 
protection is provided against mobile-to-base interference.
    (4) Interference to fixed stations. Licensees should attempt to 
resolve such interference by technical means or operating arrangements.
    (5) Anomalous or infrequent propagation modes. No protection is 
provided against interference caused by tropospheric and ionospheric 
propagation of signals.
    (6) Facilities for which the Commission is not notified. No 
protection is provided against interference to the service of any 
additional or modified transmitter operating pursuant to Sec. Sec. 
1.929 or 22.165, unless and until the licensee modifies its 
authorization using FCC Form 601.
    (7) In-building radiation systems. No protection is provided against 
interference to the service of in-building radiation systems (see Sec. 
22.383).

[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11633, Mar. 12, 1997; 
63 FR 68944, Dec. 14, 1998]



Sec. 22.353  Blanketing interference.

    Licensees of Public Mobile Services stations are responsible for 
resolving cases of blanketing interference in accordance with the 
provisions of this section.
    (a) Except as provided in paragraph (c) of this section, licensees 
must resolve any cases of blanketing interference in their area of 
responsibility

[[Page 127]]

caused by operation of their transmitter(s) during a one-year period 
following commencement of service from new or modified transmitter(s). 
Interference must be resolved promptly at no cost to the complainant.
    (b) The area of responsibility is that area in the immediate 
vicinity of the transmitting antenna of stations where the field 
strength of the electromagnetic radiation from such stations equals or 
exceeds 115 dB[mu]V/m. To determine the radial distance to the boundary 
of this area, the following formula must be used:
[GRAPHIC] [TIFF OMITTED] TR17NO94.007

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


The maximum effective radiated power in the pertinent direction, without 
consideration of the antenna's vertical radiation pattern or height, 
must be used in the formula.
    (c) Licensees are not required to resolve blanketing interference to 
mobile receivers or non-RF devices or blanketing interference occurring 
as a result of malfunctioning or mistuned receivers, improperly 
installed consumer antenna systems, or the use of high gain antennas or 
antenna booster amplifiers by consumers.
    (d) Licensees that install transmitting antennas at a location where 
there are already one or more transmitting antennas are responsible for 
resolving any new cases of blanketing interference in accordance with 
this section.
    (e) Two or more licensees that concurrently install transmitting 
antennas at the same location are jointly responsible for resolving 
blanketing interference cases, unless the FCC can readily determine 
which station is causing the interference, in which case the licensee of 
that station is held fully responsible.
    (f) After the one year period of responsibility to resolve 
blanketing interference, licensees must provide upon request technical 
information to complainants on remedies for blanketing interference.



Sec. 22.355  Frequency tolerance.

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

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


[61 FR 54099, Oct. 17, 1996]



Sec. 22.357  Emission types.

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

[61 FR 54099, Oct. 17, 1996]



Sec. 22.359  Emission masks.

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

at least 25 dB:


[[Page 128]]


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

at least 35 dB:

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

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

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

at least 83 log (fd/5) dB;

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

at least 29 log fd2/11) dB or 50 dB, whichever is the lesser 
attenuation;

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

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

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


at least 83 log (fd/5) dB;

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

at least 116 log (fd/6.1) dB, or 50 + 10 log P dB, or 70 dB, 
whichever is the lesser attenuation;

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

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

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



Sec. 22.361  Standby facilities.

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

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


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

[[Page 129]]



Sec. 22.363  Directional antennas.

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



Sec. 22.365  Antenna structures; air navigation safety.

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

[61 FR 4365, Feb. 6, 1996]



Sec. 22.367  Wave polarization.

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

[59 FR 59507, Nov. 17, 1994, as amended at 67 FR 77191, Dec. 17, 2002]

[[Page 130]]



Sec. 22.371  Disturbance of AM broadcast station antenna patterns.

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



Sec. 22.373  Access to transmitters.

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



Sec. 22.377  Certification of transmitters.

    Except as provided in paragraph (b) of this section, transmitters 
used in the Public Mobile Services, including those used with signal 
boosters, in-building radiation systems and cellular repeaters, must be 
certificated for use in the radio services regulated under this part. 
Transmitters must be certificated when the station is ready for service, 
not necessarily at the time of filing an application.
    (a) The FCC may list as certificated only transmitters that are 
capable of meeting all technical requirements of the rules governing the 
service in which they will operate. The procedure for obtaining 
certification is set forth in part 2 of this chapter.

[[Page 131]]

    (b) Transmitters operating under a developmental authorization (see 
subpart D of this part) do not have to be certificated.

[59 FR 59507, Nov. 17, 1994, as amended at 61 FR 31051, June 19, 1996; 
63 FR 36603, July 7, 1998; 67 FR 77191, Dec. 17, 2002]



Sec. 22.379  Replacement of equipment.

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

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



Sec. 22.381  Auxiliary test transmitters.

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



Sec. 22.383  In-building radiation systems.

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



                 Subpart D_Developmental Authorizations



Sec. 22.401  Description and purposes of developmental authorizations.

    Communications common carriers may apply for, and the FCC may grant, 
authority to construct and operate one or more transmitters subject to 
the rules in this subpart and other limitations, waivers and/or 
conditions that may be prescribed. Authorizations granted on this basis 
are developmental authorizations. In general, the FCC grants 
developmental authorizations in situations and circumstances where it 
cannot reasonably be determined in advance whether a particular 
transmitter can be operated or a particular service can be provided 
without causing interference to the service of existing stations. For 
example, the FCC may grant developmental authorizations for:
    (a) Field strength surveys to evaluate the technical suitability of 
antenna locations for stations in the Public Mobile Services;
    (b) Experimentation leading to the potential development of a new 
Public Mobile Service or technology; or,
    (c) Stations transmitting on channels in certain frequency ranges, 
to provide a trial period during which it can be individually determined 
whether such stations can operate without causing excessive interference 
to existing services.



Sec. 22.403  General limitations.

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

[[Page 132]]



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

    The FCC may grant applications for developmental authority to 
construct and operate transmitters for the purpose of developing a new 
Public Mobile Service or a new technology not regularly authorized under 
this part, subject to the requirements of this section. Such 
applications may request the use of any portion of the spectrum 
allocated for Public Mobile Services in the Table of Frequency 
Allocations contained in part 2 of this chapter, regardless of whether 
that spectrum is regularly available under this part. Requests to use 
any portion of the spectrum for a service or purpose other than that 
indicated in the Table of Frequency Allocations in part 2 of this 
chapter may be made only in accordance with the provisions of part 5 of 
this chapter.
    (a) Preliminary determination. The FCC will make a preliminary 
determination with respect to the factors in paragraphs (a)(1) through 
(a)(3) of this section before acting on an application for developmental 
authority pursuant to this section. These factors are:
    (1) That the public interest, convenience or necessity warrants 
consideration of the establishment of the proposed service or 
technology;
    (2) That the proposal appears to have potential value to the public 
that could warrant the establishment of the new service or technology;
    (3) That some operational data should be developed for consideration 
in any rule making proceeding which may be initiated to establish such 
service or technology.
    (b) Petition required. Applications for developmental authorizations 
pursuant to this section must be accompanied by a petition for rule 
making requesting the FCC to amend its rules as may be necessary to 
provide for the establishment of the proposed service or technology.
    (c) Application requirements. Authorizations for developmental 
authority pursuant to this section will be issued only upon a showing 
that the applicant has a definite program of research and development 
which has reasonable promise of substantial contribution to the services 
authorized by this part. The application must contain an exhibit 
demonstrating the applicant's technical qualifications to conduct the 
research and development program, including a description of the nature 
and extent of engineering facilities that the applicant has available 
for such purpose. Additionally, the FCC may, in its discretion, require 
a showing of financial qualification.
    (d) Communication service for hire prohibited. Stations authorized 
under developmental authorizations granted pursuant to this section must 
not be used to provide communication service for hire, unless otherwise 
specifically authorized by the FCC.
    (e) Adherence to program. Carriers granted developmental 
authorization pursuant to this section must substantially adhere to the 
program of research and development described in their application for 
developmental authorization, unless the FCC directs otherwise.
    (f) Report requirements. Upon completion of the program of research 
and development, or upon the expiration of the developmental 
authorization under which such program was permitted, or at such times 
during the term of the station authorization as the FCC may deem 
necessary to evaluate the progress of the developmental program, the 
licensee shall submit a comprehensive report, containing:
    (1) A description of the progress of the program and a detailed 
analysis of any result obtained;
    (2) Copies of any publications produced by the program;
    (3) A listing of any patents applied for, including copies of any 
patents issued;
    (4) Copies of any marketing surveys or other measures of potential 
public demand for the new service;
    (5) A description of the carrier's experiences with operational 
aspects of the program including--
    (i) The duration of transmissions on each channel or frequency range 
and the technical parameters of such transmissions; and,
    (ii) Any interference complaints received as a result of operation 
and how these complaints were investigated and resolved.

[[Page 133]]

    (g) Confidentiality. Normally, applications and developmental 
reports are a part of the FCC's public records. However, an applicant or 
licensee may request that the FCC withhold from public records specific 
exhibits, reports and other material associated with a developmental 
authorization.
    (h) Renewal. Expiring developmental authorizations issued pursuant 
to this section may be renewed if the carrier--
    (1) Shows that further progress in the program of research and 
development requires additional time to operate under developmental 
authorization;
    (2) Complied with the reporting requirements of paragraph (f) of 
this section; and,
    (3) Immediately resolved to the FCC's satisfaction all complaints of 
interference caused by the station operating under developmental 
authority.

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



Sec. 22.411  Developmental authorization of 43 MHz paging transmitters.

    Because of the potential for interference to the intermediate 
frequency stages of receivers in broadcast television sets and video 
recorders, 43 MHz paging channels are assigned only under developmental 
authorizations subject to the requirements of this section, except as 
provided in paragraph (d) of this section.
    (a) Carrier responsibility. Carriers so authorized shall operate the 
43 MHz paging service under developmental authority for a period of two 
years. During the two year developmental period, carriers must resolve 
any broadcast television receiver intermediate frequency interference 
problems that may occur as a result of operation of the 43 MHz paging 
transmitter(s). Carriers shall inform subscribers receiving service on 
the channels assigned under developmental authority during the 
developmental period that this service could be terminated by the FCC on 
short notice if such action were to become necessary to eliminate 
interference. Carriers shall notify the appropriate FCC Field Office, in 
advance, of the date on which service to subscribers is to begin.
    (b) Periodic surveys. To determine the extent of any interference to 
broadcast television receivers resulting from operation of 43 MHz paging 
stations authorized pursuant to this section, carriers shall conduct 
semi-annual surveys during the first two years of operation. The first 
such survey is to begin on the date when service to subscribers 
commences. For each survey, the carrier shall contact at least 25 
television viewers to determine whether they have experienced 
interference.
    (1) The carrier shall contact viewers located throughout the 
geographic area encompassed by a 3 kilometer (2 mile) radius of the 43 
MHz paging transmitter antenna site. The carrier must not attempt to 
obtain a misleading survey by contacting only viewers less likely to be 
experiencing interference. For example, the carrier must not contact 
only the viewers located most distant from the paging transmitter 
antenna site. Instead, the carrier shall contact viewers located near 
the paging transmitter antenna site.
    (2) The carrier shall not, in subsequent surveys, contact viewers 
who were contacted in a previous survey; provided that, in the event 
that all of the viewers within 3 kilometers (2 miles) have been 
contacted, viewers located near the paging transmitter antenna site 
shall be contacted again.
    (c) Periodic reports. Following each survey, the carrier shall 
submit to the FCC a written report disclosing and evaluating the extent 
of any interference. These reports must include:
    (1) The number of the report (1 to 4);
    (2) The station call sign;
    (3) The file number of the application that resulted in the 
developmental authorization;
    (4) An exact description of the transmitter location(s);
    (5) The date(s) and time of day when the survey was conducted;
    (6) The survey method used (e.g. telephone, on-site, etc.);
    (7) The names, addresses and telephone numbers of the viewers 
contacted;
    (8) If interference resulted from operation of the 43 MHz paging 
station, a summary of how the interference problem was resolved;
    (9) The names and telephone numbers of any technical personnel 
consulted

[[Page 134]]

and/or employed to resolve interference problems.
    (d) Exceptions. The FCC may grant a regular authorization in the 
Paging and Radiotelephone Service for a 43 MHz paging station in the 
following circumstances:
    (1) After the two-year developmental period, provided that broadcast 
TV interference complaints have been resolved by the carrier in a 
satisfactory manner. Licensees that hold a developmental authorization 
for a 43 MHz paging station and wish to request a regular authorization 
must file an application using FCC Form 601 via the ULS prior to the 
expiration of the developmental period.
    (2) In the case of the assignment of or a transfer of control of a 
regular authorization of a 43 MHz paging station in the Paging and 
Radiotelephone Service, provided that the station has been in continuous 
operation providing service with no substantial interruptions.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68944, Dec. 14, 1998]



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

    Because of the potential for interference with the reception by 
broadcast television sets and video recorders of full service TV 
stations transmitting on TV Channels 4 and 5, 72-76 MHz channels are 
assigned for use within 16 kilometers (10 miles) of the antenna of any 
full service TV station transmitting on TV Channel 4 or 5 only under 
developmental authorizations subject to the requirements of this 
section, except as provided in paragraph (b) of this section.
    (a) Carrier responsibility. Carriers so authorized shall operate the 
72-76 MHz fixed station under developmental authority for a period of at 
least six months. During the developmental period, carriers must resolve 
any broadcast television receiver interference problems that may occur 
as a result of operation of the 72-76 MHz transmitter(s).
    (b) Exceptions. The FCC may grant a regular authorization in the 
Paging and Radiotelephone Service for a 72-76 MHz fixed station under 
the following circumstances:
    (1) After six months of operation under developmental authorization, 
and provided that broadcast TV interference complaints have been 
resolved by the carrier in a satisfactory manner. Licensees that hold a 
developmental authorization for a 72-76 MHz fixed station and wish to 
request a regular authorization must file an application using FCC Form 
601 via the ULS prior to the expiration of the developmental 
authorization.
    (2) In the case of the assignment of or a transfer of control of a 
regular authorization of a 72-76 MHz fixed station in the Paging and 
Radiotelephone Service, the FCC may grant such assignment or consent to 
such transfer of control provided that the station has been in 
continuous operation providing service with no substantial 
interruptions.
    (3) If a proposed 72-76 MHz fixed transmitter antenna is to be 
located within 50 meters (164 feet) of the antenna of the full service 
TV station transmitting on TV Channel 4 or 5, the FCC may grant a 
regular authorization instead of a developmental authorization.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68944, Dec. 14, 1998]



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

    Channels in the 928-929 MHz and 952-960 MHz ranges may be assigned 
under developmental authorizations to fixed transmitters in point-to-
multipoint systems at locations that are short-spaced (i.e. do not meet 
the 113 kilometer (70 mile) separation requirement of Sec. 22.625), 
subject to the requirements of this section.
    (a) Carrier responsibility. Applications for developmental 
authorizations pursuant to this section must contain an engineering 
analysis that shows that no interference will be caused or received. 
Carriers so authorized shall operate the short-spaced transmitter for a 
period of one year.
    (b) Exceptions. The FCC may grant a regular authorization in the 
Paging and Radiotelephone Service for a short-

[[Page 135]]

spaced fixed station under the following circumstances:
    (1) After one year of operation under developmental authorization, 
and provided that no interference has been caused. Licensees that hold a 
developmental authorization and wish to request a regular authorization 
must file an application using FCC Form 601 prior to the expiration of 
the developmental authorization.
    (2) In the case of the assignment of or a transfer of control of a 
regular authorization of a short-spaced fixed station in the Paging and 
Radiotelephone Service, the FCC may grant such assignment or consent to 
such transfer of control provided that the station has been in 
continuous operation providing service and no interference has been 
caused.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68944, Dec. 14, 1998]



Sec. 22.417  Developmental authorization of meteor burst systems.

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

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68944, Dec. 14, 1998]



               Subpart E_Paging and Radiotelephone Service



Sec. 22.501  Scope.

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



Sec. 22.503  Paging geographic area authorizations.

    The FCC considers applications for and issues paging geographic area 
authorizations in the Paging and Radiotelephone Service in accordance 
with the rules in this section. Each paging geographic area 
authorization contains conditions requiring compliance with paragraphs 
(h) and (i) of this section.
    (a) Channels. The FCC may issue a paging geographic area 
authorization for any channel listed in Sec. 22.531 of this part or for 
any channel pair listed in Sec. 22.561 of this part.
    (b) Paging geographic areas. The paging geographic areas are as 
follows:
    (1) The Nationwide paging geographic area comprises the District of 
Columbia and all States, Territories and possessions of the United 
States of America.
    (2) Major Economic Areas (MEAs) and Economic Areas (EAs) are defined 
below. EAs are defined by the Department of Commerce, Bureau of Economic 
Analysis. See Final Redefinition

[[Page 136]]

of the MEA Economic Areas, 60 FR 13114 (March 10, 1995). MEAs are based 
on EAs. In addition to the Department of Commerce's 172 EAs, the FCC 
shall separately license Guam and the Northern Mariana Islands, Puerto 
Rico and the United States Virgin Islands, and American Samoa, which 
have been assigned FCC-created EA numbers 173-175, respectively, and MEA 
numbers 49-51, respectively.
    (3) The 51 MEAs are composed of one or more EAs as defined in the 
following table:

------------------------------------------------------------------------
                   MEAs                                  EAs
------------------------------------------------------------------------
1 (Boston)................................  1-3.
2 (New York City).........................  4-7, 10.
3 (Buffalo)...............................  8.
4 (Philadelphia)..........................  11-12.
5 (Washington)............................  13-14.
6 (Richmond)..............................  15-17, 20.
7 (Charlotte-Greensboro-Greenville-         18-19, 21-26, 41-42, 46.
 Raleigh).
8 (Atlanta)...............................  27-28, 37-40, 43.
9 (Jacksonville)..........................  29, 35.
10 (Tampa-St. Petersburg-Orlando).........  30, 33-34.
11 (Miami)................................  31-32.
12 (Pittsburgh)...........................  9, 52-53.
13 (Cincinnati-Dayton)....................  48-50.
14 (Columbus).............................  51.
15 (Cleveland)............................  54-55.
16 (Detroit)..............................  56-58, 61-62.
17 (Milwaukee)............................  59-60, 63, 104-105, 108.
18 (Chicago)..............................  64-66, 68, 97, 101.
19 (Indianapolis).........................  67.
20 (Minneapolis-St. Paul).................  106-107, 109-114, 116.
21 (Des Moines-Quad Cities)...............  100, 102-103, 117.
22 (Knoxville)............................  44-45.
23 (Louisville-Lexington-Evansville)......  47, 69-70, 72.
24 (Birmingham)...........................  36, 74, 78-79.
25 (Nashville)............................  71.
26 (Memphis-Jackson)......................  73, 75-77.
27 (New Orleans-Baton Rouge)..............  80-85.
28 (Little Rock)..........................  90-92, 95.
29 (Kansas City)..........................  93, 99, 123.
30 (St. Louis)............................  94, 96, 98.
31 (Houston)..............................  86-87, 131.
32 (Dallas-Fort Worth)....................  88-89, 127-130, 135, 137-
                                             138.
33 (Denver)...............................  115, 140-143.
34 (Omaha)................................  118-121.
35 (Wichita)..............................  122.
36 (Tulsa)................................  124.
37 (Oklahoma City)........................  125-126.
38 (San Antonio)..........................  132-134.
39 (El Paso-Albuquerque)..................  136, 139, 155-157.
40 (Phoenix)..............................  154, 158-159.
41 (Spokane-Billings).....................  144-147, 168.
42 (Salt Lake City).......................  148-150, 152.
43 (San Francisco-Oakland-San Jose).......  151, 162-165.
44 (Los Angeles-San Diego)................  153, 160-161.
45 (Portland).............................  166-167.
46 (Seattle)..............................  169-170.
47 (Alaska)...............................  171.
48 (Hawaii)...............................  172.
49 (Guam and the Northern Mariana Islands)  173.
50 (Puerto Rico and U.S. Virgin Islands)..  174.
51 (American Samoa).......................  175.
------------------------------------------------------------------------

    (c) Availability. The FCC may determine whether to issue a paging 
geographic area authorization for any specific channel or channel pair 
in any specific paging geographic area. The FCC may replace existing 
site specific authorizations for facilities on a channel or channel pair 
located in a paging geographic area with a paging geographic area 
authorization for that channel or channel pair, if in its sole 
discretion, the FCC determines that the public interest would be served 
by such replacement.
    (d) Filing windows. The FCC accepts applications for paging 
geographic area authorizations only during filing windows. The FCC 
issues Public Notices announcing in advance the dates of the filing 
windows, and the specific paging geographic areas and channels for which 
applications may be accepted.
    (e) One grant per geographic area. The FCC may grant one and only 
one application for a paging geographic area authorization for any 
specific channel or channel pair in any specific paging geographic area 
defined in paragraph (b) of this section. Selection from among mutually 
exclusive applications for a paging geographic area authorization will 
be made in accordance with the procedures in Sec. Sec. 22.131 and 
22.200 through 22.299. If after the selection process but prior to 
filing a ``long form'' application, a successful bidder decides to 
partition the paging geographic area, the FCC may require and accept 
multiple ``long form'' applications from the consortium members.
    (f) Exclusive right to expand. During the term of a paging 
geographic area authorization, the FCC does not accept, from anyone 
other than the paging geographic area licensee, any major application 
for authorization to operate a facility that would serve unserved area 
within the paging geographic area specified in that paging geographic 
area authorization, on the channel specified in that paging geographic 
area authorization, unless any extension of the interfering contour of 
the proposed facility falls:

[[Page 137]]

    (1) Within the composite interfering contour of another licensee; 
or,
    (2) Into unserved area and the paging geographic area licensee 
consents to such extension.
    (g) Subsequent applications not accepted. During the term of a 
paging geographic area authorization, the FCC does not accept any 
application for authorization relating to a facility that is or would be 
located within the paging geographic area specified in that paging 
geographic area authorization, on the channel specified in that paging 
geographic area authorization, except in the following situations:
    (1) FCC grant of an application authorizing the construction of the 
facility could have a significant environmental effect as defined by 
Sec. 1.1307 of this chapter. See Sec. 22.115(a)(5).
    (2) Specific international coordination procedures are required, 
prior to assignment of a channel to the facility, pursuant to a treaty 
or other agreement between the United States government and the 
government of Canada or Mexico. See Sec. 22.169.
    (3) The paging geographic area licensee or another licensee of a 
system within the paging geographic area applies to assign its 
authorization or for FCC consent to a transfer of control.
    (h) Adjacent geographic area coordination required. Before 
constructing a facility for which the interfering contour (as defined in 
Sec. 22.537 or Sec. 22.567 of this part, as appropriate for the 
channel involved) would extend into another paging geographic area, a 
paging geographic area licensee must obtain the consent of the relevant 
co-channel paging geographic area licensee, if any, into whose area the 
interfering contour would extend. Licensees are expected to cooperate 
fully and in good faith attempt to resolve potential interference 
problems before bringing matters to the FCC. In the event that there is 
no co-channel paging geographic area licensee from whom to obtain 
consent in the area into which the interfering contour would extend, the 
facility may be constructed and operated subject to the condition that, 
at such time as the FCC issues a paging geographic area authorization 
for that adjacent geographic area, either consent must be obtained or 
the facility modified or eliminated such that the interfering contour no 
longer extends into the adjacent geographic area.
    (i) Protection of existing service. All facilities constructed and 
operated pursuant to a paging geographic area authorization must provide 
co-channel interference protection in accordance with Sec. 22.537 or 
Sec. 22.567, as appropriate for the channel involved, to all authorized 
co-channel facilities of exclusive licensees within the paging 
geographic area. Non-exclusive licensees on the thirty-five exclusive 
929 MHz channels are not entitled to exclusive status, and will continue 
to operate under the sharing arrangements established with the exclusive 
licensees and other non-exclusive licensees that were in effect prior to 
February 19, 1997. MEA, EA, and nationwide geographic area licensees 
have the right to share with non-exclusive licensees on the thirty-five 
exclusive 929 MHz channels on a non-interfering basis.
    (j) Site location restriction. The transmitting antenna of each 
facility constructed and operated pursuant to a paging geographic area 
authorization must be located within the paging geographic area 
specified in the authorization.
    (k) Coverage requirements. Failure by an MEA or EA licensee to meet 
either the coverage requirements in paragraphs (k)(1) and (k)(2) of this 
section, or alternatively, the substantial service requirement in 
paragraph (k)(3) of this section, will result in automatic termination 
of authorizations for those facilities that were not authorized, 
constructed, and operating at the time the geographic area authorization 
was granted. MEA and EA licensees have the burden of showing when their 
facilities were authorized, constructed, and operating, and should 
retain necessary records of these sites until coverage requirements are 
fulfilled. For the purpose of this paragraph, to ``cover'' area means to 
include geographic area within the composite of the service contour(s) 
determined by the methods of Sec. Sec. 22.537 or 22.567 as appropriate 
for the particular channel involved. Licensees may determine the 
population of geographic areas included within their service contours

[[Page 138]]

using either the 1990 census or the 2000 census, but not both.
    (1) No later than three years after the initial grant of an MEA or 
EA geographic area authorization, the licensee must construct or 
otherwise acquire and operate sufficient facilities to cover one third 
of the population in the paging geographic area. The licensee must 
notify the FCC at the end of the three-year period pursuant to Sec. 
1.946 of this chapter, either that it has satisfied this requirement or 
that it plans to satisfy the alternative requirement to provide 
substantial service in accordance with paragraph (k)(3) of this section.
    (2) No later than five years after the initial grant of an MEA or EA 
geographic area authorization, the licensee must construct or otherwise 
acquire and operate sufficient facilities to cover two thirds of the 
population in the paging geographic area. The licensee must notify the 
FCC at the end of the five year period pursuant to Sec. 1.946 of this 
chapter, either that it has satisfied this requirement or that it has 
satisfied the alternative requirement to provide substantial service in 
accordance with paragraph (k)(3) of this section.
    (3) As an alternative to the coverage requirements of paragraphs 
(k)(1) and (k)(2) of this section, the paging geographic area licensee 
may demonstrate that, no later than five years after the initial grant 
of its paging geographic area authorization, it provides substantial 
service to the paging geographic area. ``Substantial service'' means 
service that is sound, favorable, and substantially above a level of 
mediocre service that would barely warrant renewal.

[62 FR 11633, Mar. 12, 1997, as amended at 63 FR 68945, Dec. 14, 1998; 
64 FR 33782, June 24, 1999]



Sec. 22.507  Number of transmitters per station.

    This section concerns the number of transmitters licensed under each 
station authorization in the Paging and Radiotelephone Service, other 
than paging geographic area authorizations.
    (a) Operationally related transmitters. Each station must have at 
least one transmitter. There is no limit to the number of transmitters 
that a station may comprise. However, transmitters within a station 
should be operationally related and/or should serve the same general 
geographical area. Operationally related transmitters are those that 
operate together as a system (e.g., trunked systems, simulcast systems), 
rather than independently.
    (b) Split of large systems. The FCC may split wide-area systems into 
two or more stations for administrative convenience. Except for 
nationwide paging and other operationally related transmitters, 
transmitters that are widely separated geographically are not licensed 
under a single authorization.
    (c) Consolidation of separate stations. The FCC may consolidate 
site-specific contiguous authorizations upon request (FCC Form 601) of 
the licensee, if appropriate under paragraph (a) of this section. Paging 
licensees may include remote, stand-alone transmitters under the single 
system-wide authorization, if the remote, stand-alone transmitter is 
linked to the system via a control/repeater facility or by satellite. 
Including a remote, stand-alone transmitter in a system-wide 
authorization does not alter the limitations provided under Sec. 
22.503(f) on entities other than the paging geographic area licensee. In 
the alternative, paging licensees may maintain separate site-specific 
authorizations for stand-alone or remote transmitters. The earliest 
expiration date of the authorizations that make up the single system-
wide authorization will determine the expiration date for the system-
wide authorization. Licensees must file timely renewal applications for 
site-specific authorizations included in a single system-wide 
authorization request until the request is approved. Renewal of the 
system-wide authorization will be subject to Sec. 1.949 of this 
chapter.
    (d) Replacement of site-by-site authorizations with single 
authorization. After a paging geographic area authorization for a 
channel has been issued, the FCC may, on its own motion, replace the 
authorization(s) of any other licensee (for facilities located within 
that paging geographic area on that channel)

[[Page 139]]

with a single replacement authorization.

[62 FR 11634, Mar. 12, 1997, as amended at 63 FR 68945, Dec. 14, 1998; 
64 FR 33784, June 24, 1999]



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

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

[59 FR 59956, Nov. 21, 1994; as amended at 61 FR 54099, Oct. 17, 1996; 
64 FR 33784, June 24, 1999]



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

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



Sec. 22.513  Partitioning and disaggregation.

    MEA and EA licensees may apply to partition their authorized 
geographic service area or disaggregate their authorized spectrum at any 
time following grant of their geographic area authorizations. Nationwide 
geographic area licensees may apply to partition their authorized 
geographic service area or disaggregate their authorized spectrum at any 
time as of August 23, 1999.
    (a) Application required. Parties seeking approval for partitioning 
and/or disaggregation shall apply for partial assignment of a license 
pursuant to Sec. 1.948 of this chapter.
    (b) 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 
authorized geographic service area. The partitioned service area shall 
be defined by 120 sets of geographic coordinates at points at every 3 
degrees azimuth from a point within the partitioned service area along 
the partitioned service area boundary unless either an FCC-recognized 
service area is used (e.g., MEA or EA) 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 FCC-
recognized service areas or county lines are used, applicants need only 
list the specific area(s) through use of FCC designations or county 
names that constitute the partitioned area.
    (c) Disaggregation. Spectrum may be disaggregated in any amount.
    (d) Combined partitioning and disaggregation. Licensees may apply 
for partial assignment of authorizations that propose combinations of 
partitioning and disaggregation.
    (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. 1.955 of this chapter.
    (f) Coverage requirements for partitioning. (1) Parties to a 
partitioning agreement must satisfy at least one of the following 
requirements:
    (i) The partitionee must satisfy the applicable coverage 
requirements set forth in Sec. 22.503(k)(1), (2) and (3) for the 
partitioned license area; or
    (ii) The original licensee must meet the coverage requirements set 
forth in Sec. 22.503(k)(1), (2) and (3) for the entire geographic area. 
In this case, the partitionee must meet only the requirements for 
renewal of its authorization for the partitioned license area.

[[Page 140]]

    (2) Parties seeking authority to partition must submit with their 
partial assignment application a certification signed by both parties 
stating which of the above options they select.
    (3) Partitionees must submit supporting documents showing compliance 
with their coverage requirements as set forth in Sec. 22.503(k)(1), (2) 
and (3).
    (4) Failure by any partitionee to meet its coverage requirements 
will result in automatic cancellation of the partitioned authorization 
without further Commission action.
    (g) Coverage requirements for disaggregation. (1) Parties to a 
disaggregation agreement must satisfy at least one of the following 
requirements:
    (i) Either the disaggregator or disaggregatee must satisfy the 
coverage requirements set forth in Sec. 22.503 (k)(1), (2) and (3) for 
the entire license area; or
    (ii) Parties must agree to share responsibility for meeting the 
coverage requirements set forth in Sec. 22.503 (k)(1), (2) and (3) for 
the entire license area.
    (2) Parties seeking authority to disaggregate must submit with their 
partial assignment application a certification signed by both parties 
stating which of the above requirements they meet.
    (3) Disaggregatees must submit supporting documents showing 
compliance with their coverage requirements as set forth in Sec. 22.503 
(k)(1), (2) and (3).
    (4) Parties that accept responsibility for meeting the coverage 
requirements and later fail to do so will be subject to automatic 
license cancellation without further Commission action.

[64 FR 33784, June 24, 1999]



Sec. 22.515  Permissible communications paths.

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



Sec. 22.527  Signal boosters.

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

[61 FR 31051, June 19, 1996]



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

    In addition to information required by subparts B and D of this 
part, applications for authorization in the Paging and Radiotelephone 
Service contain required information as described in the instructions to 
the form. Site coordinates must be referenced to NAD83 and be correct to 
+-1 second.
    (a) Administrative information. The following information, 
associated with Form 601, is required as indicated. Each application of 
any type, including applications for paging geographic area 
authorizations, must contain one and only one Schedule A.
    (1) The purpose of the filing is required for each application of 
any type.
    (2) The geographic area designator, channel and geographic area name 
are required only for each application for a paging geographic area 
authorization.
    (3) The FCC control point number, if any, the location (street 
address, city or town, state), the telephone number and an indication of 
the desired database action are required only for each application 
proposing to add or delete a control point.
    (4) The FCC location number, file number and location (street 
address, city or town, state) of authorized facilities that have not 
been constructed are required only for each application requesting an 
extension of time to construct those facilities.
    (b) Technical data. The following data, associated with FCC Form 
601, are required as indicated for each application. Applications for a 
paging geographic area authorization must not contain Schedule B. Other 
type of applications may contain as many Schedule Bs as are necessary 
for the intended purpose.
    (1) For each transmitting antenna site to be added, deleted or 
modified, the following are required: an indication of the desired 
database action, the Commission location number, if any,

[[Page 141]]

the street address or other description of the transmitting antenna 
site, the city, county and state, the geographic coordinates (latitude 
and longitude), correct to 1 second, of the 
transmitting antenna site (NAD83), and in the case of a proposed 
relocation of a transmitting antenna, the Commission location number and 
geographic coordinates, correct to 1 second, of 
the transmitting antenna site (NAD83) to which the geographic 
coordinates of the current location are referenced.
    (2) For each transmitting antenna site to be added, deleted or 
modified, the following supplementary information is required: An 
indication as to whether or not the transmitting antenna site is within 
200 kilometers (124 miles) of the U.S.-Mexico border, and an indication 
as to whether or not the transmitting antenna site is North of Line A or 
East of Line C. Line A and Line C are defined in Sec. 2.1 of this 
chapter. For each adjacent geographic area within 200 kilometers (124 
miles) of each transmitting antenna site to be added, deleted or 
modified, the geographic area designator and name, and the shortest 
distance (in kilometers) to the boundary of that geographic area.
    (3) The height (in meters) above average terrain of the center of 
radiation of the antenna, the beamwidth of the main lobe of the 
horizontal radiation pattern of the electric field of the antenna, the 
height (in meters) to the tip of the antenna above ground level, a polar 
plot of the horizontal gain pattern of the antenna, the antenna gain in 
the maximum lobe and the electric field polarization of the wave emitted 
by the antenna when installed as proposed.
    (i) The center frequency of the requested channel, the transmitter 
classification (e.g. base, fixed mobile), the designator for any non-
standard emission type to be used, including bandwidth and modulation 
type, and the maximum effective radiated power.
    (ii) For each of the eight cardinal radials, the antenna height 
above the average elevation along the radial, and the effective radiated 
power of each transmitter in the direction of the radial.
    (iii) For each transmitter proposed to transmit on a channel 
reserved for point-to-multipoint operation involving transmission to 
four or more points of communications (i.e. base transmitters), the 
following is required for each point of communication: an indication of 
the desired database action, the location (city or town, state), and the 
geographical coordinates (latitude and longitude, NAD 83).
    (c) Upon request by an applicant, licensee, or the Commission, a 
part 22 applicant or licensee of whom the request is made shall furnish 
the antenna type, model, and the name of the antenna manufacturer to the 
requesting party within ten (10) days of receiving written notification.

[62 FR 11635, Mar. 12, 1997, as amended at 63 FR 68945, Dec. 14, 1998; 
64 FR 53240, Oct. 1, 1999]

    Effective Date Note: At 64 FR 53240, Oct. 1, 1999, Sec. 22.529 was 
amended by adding paragraph (c). This paragraph contains information 
collection and recordkeeping requirements and will not become effective 
until approval has been given by the Office of Management and Budget.

                            Paging Operation



Sec. 22.531  Channels for paging operation.

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

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

[[Page 142]]

 
931.1875           931.4375           931.6875          931.9375
931.2125           931.4625           931.7125          931.9625
931.2375           931.4875           931.7375          931.9875
 


    (a) The 43 MHz channels may be assigned under developmental 
authorizations, pursuant to the requirements of Sec. 22.411.
    (b) Channels 931.8875, 931.9125, and 931.9375 MHz may be assigned 
only to transmitters providing nationwide network paging service.
    (c) Upon application using FCC Form 601, common carriers may be 
authorized to provide one-way paging service using the leased subcarrier 
facilities of broadcast stations licensed under part 73 of this chapter.
    (d) Occasionally in case law and other formal and informal 
documents, the low VHF channels have been referred to as ``lowband'' 
channels, and the high VHF channels have been referred to as 
``guardband'' channels.
    (e) Pursuant to the U.S.-Canada Interim Coordination Considerations 
for 929-932 MHz, as amended, only the following UHF channels may be 
assigned in the continental United States North of Line A or in the 
State of Alaska East of Line C, within the indicated longitudes:
    (1) From longitude W.73[deg] to longitude W.75[deg] and from 
longitude W.78[deg] to longitude W.81[deg]:

931.0125           931.1125           931.1875          931.2625
931.0375           931.1375           931.2125          931.8625
931.0625           931.1625           931.2375
 

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

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

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

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

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

931.4375           931.8875           931.9125          931.9375
 

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

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
62 FR 11635, Mar. 12, 1997; 63 FR 68945, Dec. 14, 1998; 64 FR 33784, 
June 24, 1999]



Sec. 22.535  Effective radiated power limits.

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

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

    (b) Basic power limit. Except as provided in paragraph (d) of this 
section, the ERP of transmitters on the VHF channels must not exceed 500 
Watts.
    (c) Height-power limit. Except as provided in paragraph (d) of this 
section, the ERP of transmitters on the VHF channels must not exceed the 
amount that would result in an average distance to the service contour 
of 32.2 kilometers (20 miles). The average distance to the service 
contour is calculated by taking the arithmetic mean of the distances 
determined using the procedures specified in Sec. 22.537 for the eight 
cardinal radial directions, excluding cardinal radial directions for 
which 90% or more of the distance so calculated is over water.
    (d) Encompassed interfering contour areas. Transmitters are exempt 
from the basic power and height-power limits of this section if the area 
within their interfering contours is totally encompassed by the 
interfering contours of operating co-channel base transmitters 
controlled by the same licensee. For the purpose of this paragraph, 
operating transmitters are authorized

[[Page 143]]

transmitters that are providing service to subscribers.
    (e) Adjacent channel protection. The ERP of transmitters must not 
exceed 500 Watts if they:
    (1) Transmit on a channel in the 152-159 MHz frequency range and are 
located less than 5 kilometers (3.1 miles) from any station licensed in 
the Private Radio Services that receives on an adjacent channel; or,
    (2) Transmit on channel 158.10 or 158.70 MHz and are located less 
than 5 kilometers (3.1 miles) from any station licensed in the Public 
Mobile Services that receives on either of the following adjacent 
channels: 158.07 MHz or 158.67 MHz.
    (f) Signal boosters. The effective radiated power of signal boosters 
must not exceed 5 watts ERP under any normal operating condition.

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



Sec. 22.537  Technical channel assignment criteria.

    The rules in this section establish technical assignment criteria 
for the channels listed in Sec. 22.531. These criteria permit channel 
assignments to be made in a manner such that reception by public paging 
receivers of signals from base transmitters, within the service area of 
such base transmitters, is protected from interference caused by the 
operation of independent co-channel base transmitters.
    (a) Contour overlap. The FCC may grant an application requesting 
assignment of a channel to a proposed base transmitter only if:
    (1) The interfering contour of the proposed transmitter does not 
overlap the service contour of any protected co-channel transmitter 
controlled by a carrier other than the applicant, unless that carrier 
has agreed in writing to accept any interference that may result from 
operation of the proposed transmitter; and,
    (2) The service contour of the proposed transmitter does not overlap 
the interfering contour of any protected co-channel transmitter 
controlled by a carrier other than the applicant, unless the applicant 
agrees to accept any interference that may result from operation of the 
protected co-channel transmitter; and,
    (3) The area and/or population to which service would be provided by 
the proposed transmitter is substantial, and service gained would exceed 
that lost as a result of agreements to accept interference.
    (b) Protected transmitter. For the purposes of this section, 
protected transmitters are authorized transmitters for which there is a 
current FCC public record and transmitters proposed in prior-filed 
pending applications.
    (c) VHF service contour. For paging stations transmitting on the VHF 
channels, the distance from the transmitting antenna to the service 
contour along each cardinal radial is calculated as follows:
d=1.243xh0.40xp0.20
where d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
    (1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 
must be used as the value for h in the above formula.
    (2) The value used for p in the above formula must not be less than 
27 dB less than the maximum ERP in any direction or 0.1 Watt, whichever 
is more.
    (3) The distance from the transmitting antenna to the service 
contour along any radial other than the eight cardinal radials is 
routinely calculated by linear interpolation of distance as a function 
of angle. However, in resolving petitions to deny, the FCC may calculate 
the distance to the service contour using the formula in paragraph (c) 
of this section with actual HAAT and ERP data for the inter-station 
radial and additional radials above and below the inter-station radial 
at 2.5[deg] intervals.
    (d) VHF interfering contour. For paging stations transmitting on the 
VHF channels, the distance from the transmitting antenna to the 
interfering contour along each cardinal radial is calculated as follows:
d=6.509xh0.28xp0.17
where d is the radial distance in kilometers
h is the radial antenna HAAT in meters

[[Page 144]]

p is the radial ERP in Watts
    (1) Whenever the actual HAAT is less than 30 meters (98 feet), 30 
must be used as the value for h in the above formula.
    (2) The value used for p in the above formula must not be less than 
27 dB less than the maximum ERP in any direction or 0.1 Watt, whichever 
is more.
    (3) The distance from the transmitting antenna to the interfering 
contour along any radial other than the eight cardinal radials is 
routinely calculated by linear interpolation of distance as a function 
of angle. In resolving petitions to deny, however, the FCC may calculate 
the distance to the interfering contour using the formula in paragraph 
(d) of this section with actual HAAT and ERP data for the inter-station 
radial and additional radials above and below the inter-station radial 
at 2.5[deg] intervals.
    (e) 931 MHz service contour. For paging stations transmitting on the 
931 MHz channels, the service contour is a circle, centered on the 
transmitting antenna, with a radius determined from Table E-1 of this 
section.

                                     Table E-1--931 MHz Paging Service Radii
----------------------------------------------------------------------------------------------------------------
     Service radius km (miles)                            Effective radiated power (Watts)
----------------------------------------------------------------------------------------------------------------
    Antenna HAAT meters (feet)         0-125       126-250      251-500      501-1000    1001-1860    1861-3500
----------------------------------------------------------------------------------------------------------------
0-177.............................    32.2 (20)    32.2 (20)    32.2 (20)    32.2 (20)    32.2 (20)    32.2 (20)
(0-581)
178-305...........................    32.2 (20)    32.2 (20)    32.2 (20)    32.2 (20)    37.0 (23)    41.8 (26)
(582-1001)
306-427...........................    32.2 (20)    32.2 (20)    37.0 (23)    41.8 (26)    56.3 (35)    56.3 (35)
(1002-1401)
428-610...........................    32.2 (20)    37.0 (23)    41.8 (26)    56.3 (35)    56.3 (35)    56.3 (35)
(1402-2001)
611-861...........................    37.0 (23)    41.8 (26)    41.8 (26)    56.3 (35)    83.7 (52)    83.7 (52)
(2002-2825)
862-1219..........................    41.8 (26)    56.3 (35)    56.3 (35)    83.7 (52)    83.7 (52)    83.7 (52)
(2826-3999)
1220+.............................    56.3 (35)    56.3 (35)    83.7 (52)    83.7 (52)    83.7 (52)    83.7 (52)
(4000+)
----------------------------------------------------------------------------------------------------------------

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

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

    (g) In-building radiation systems. The locations of in-building 
radiation systems must be within the service contour(s) of the 
licensee's authorized transmitter(s) on the same channel. In-building 
radiation systems are not protected facilities, and therefore do not 
have service or interfering contours.

[[Page 145]]

    (h) Signal boosters on 931 MHz channels. For the purpose of 
compliance with Sec. 22.165 and notwithstanding paragraphs (e) and (f) 
of this section, signal boosters operating on the 931 MHz channels with 
an antenna HAAT not exceeding 30 meters (98 feet) are deemed to have as 
a service contour a circle with a radius of 1.0 kilometer (0.6 mile) and 
as an interfering contour a circle with a radius of 10 kilometers (6.2 
miles).

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



Sec. 22.539  Additional channel policies.

    The rules in this subsection govern the processing of applications 
for a paging channel when the applicant has applied for or been granted 
an authorization for other paging channels in the same geographic area. 
This section applies to applications proposing to use the channels 
listed in Sec. 22.531, excluding the nationwide network paging channels 
and broadcast station subcarriers, or the channels listed in Sec. 
22.561, where the application proposes to use those channels to provide 
paging service only. The general policy of the Commission is to assign 
one paging channel in an area to a carrier per application cycle. That 
is, a carrier must apply for one paging channel, receive the 
authorization, construct the station, provide service to the 
subscribers, and notify the Commission of commencement of service to 
subscribers by using FCC Form 601 before applying for an additional 
paging channel in that area. This notification must be sent by 
electronic filing via the ULS.
    (a) VHF transmitters in same area. Any transmitter on any VHF 
channel listed in Sec. 22.531 is considered to be in the same 
geographic area as another transmitter on any other VHF channel listed 
in Sec. 22.531 if:
    (1) One transmitter location is within the service area of the other 
transmitter; or,
    (2) The area within the overlap of the service contours of the two 
transmitters constitutes 50 percent or more of the service area of 
either of the transmitters.
    (b) 931 MHz transmitters in same area. Any transmitter on any 931 
MHz channel is considered to be in the same geographic area as another 
transmitter on any channel listed in Sec. 22.531 if it is located less 
than 64.4 kilometers (40 miles) from the transmitter. Likewise, any 
transmitter on any channel listed in Sec. 22.531 is considered to be in 
the same geographic area as another transmitter on any 931 MHz channel 
if it is located less than 64.4 kilometers (40 miles) from that 
transmitter.
    (c) Initial channel. The FCC will not assign more than one channel 
for new paging stations. Paging stations are considered to be new if 
there are no authorized transmitters on any channel listed in Sec. 
22.531 controlled by the applicant in the same geographic area.
    (d) Additional channel. Applications for transmitters to be located 
in the same geographic area as an authorized station controlled by the 
applicant, but to operate on a different channel, are considered as 
requesting an additional channel for the authorized station, unless 
paragraph (e) of this section applies.
    (e) Additional transmitters on same channel. Notwithstanding other 
provisions of this section, the following applications are not 
considered to be requests for an additional paging channel:
    (1) Applications for transmitters to be located in the same 
geographic area as an authorized station controlled by the applicant, 
and to operate on the same paging channel;
    (2) Applications for transmitters to be located within a paging 
geographic area for which the applicant holds the paging geographic area 
authorization for the requested channel; and,
    (3) Applications for paging geographic area authorizations.
    (f) Amendment of pending application. If the FCC receives and 
accepts for filing an application for a transmitter to be located in the 
same geographic area as a transmitter proposed in a pending application 
previously filed by the applicant, but on a different channel, the 
subsequent application is considered as a major amendment to change the 
technical proposal of the prior application, unless paragraph (e) 
applies. The filing date of any application so amended is the date the 
FCC received the subsequent application.

[[Page 146]]

    (g) Dismissal of premature applications for additional channel. If 
the FCC receives an application requesting an additional channel for an 
authorized station prior to receiving notification that the station is 
providing service to subscribers on the authorized channel(s), the FCC 
may dismiss that application without prejudice in accordance with Sec. 
22.128.

[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 11635, Mar. 12, 1997; 
63 FR 68945, Dec. 14, 1998]



Sec. 22.551  Nationwide network paging service.

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

[62 FR 11636, Mar. 12, 1997]



Sec. 22.559  Paging application requirements.

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

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

                   One-way or Two-way Mobile Operation



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

    The following channels are allocated for paired assignment to 
transmitters that provide (or support other transmitters that provide) 
one-way or two-way public land mobile service, either individually or 
collectively under a paging geographic area authorization. The paging 
geographic areas used for these channels are the EAs (see Sec. 
22.503(b)(3)). These channels may be assigned for use by mobile or base

[[Page 147]]

transmitters as indicated, and or by fixed transmitters (including 
control, repeater or other fixed transmitters). The mobile channels may 
also be assigned for use by base or fixed transmitters under certain 
circumstances (see Sec. 22.567(h)). Unless otherwise indicated, all 
channels have a bandwidth of 20 kHz and are designated by their center 
frequencies in MegaHertz.

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


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



Sec. 22.563  Provision of rural radiotelephone service upon request.

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



Sec. 22.565  Transmitting power limits.

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

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

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

[[Page 148]]



Sec. 22.567  Technical channel assignment criteria.

    The rules in this section establish technical assignment criteria 
for the channels listed in Sec. 22.561. The criteria in paragraphs (a) 
through (f) of this section permit channel assignments to be made in a 
manner such that reception by public mobile receivers of signals from 
base transmitters, within the service area of such base transmitters, is 
protected from interference caused by the operation of independent co-
channel base and fixed transmitters in the Paging and Radiotelephone 
Service and central office stations, including Basic Exchange Telephone 
Radio Systems (BETRS), in the Rural Radiotelephone Service. Additional 
criteria in paragraph (g) of this section permit channel assignments to 
be made in a manner such that BETRS communications are protected from 
interference caused by the operation of independent co-channel base and 
fixed transmitters in the Paging and Radiotelephone Service and other 
central office stations in the Rural Radiotelephone Service. Separate 
criteria in paragraph (h) of this section apply only to assignment of 
the channels designated in Sec. 22.561 as mobile channels to base and 
fixed transmitters, and permit these channel assignments to be made in a 
manner such that reception by public base and fixed receivers of signals 
from associated mobile and fixed transmitters is protected from 
interference caused by the operation of independent co-channel base and 
fixed transmitters.
    (a) Contour overlap. The FCC may grant an application requesting 
assignment of a channel to a proposed base, fixed or central office 
station transmitter only if:
    (1) The interfering contour of the proposed transmitter does not 
overlap the service contour of any protected co-channel transmitter 
controlled by a carrier other than the applicant, unless that carrier 
has agreed in writing to accept any interference that may result from 
operation of the proposed transmitter; and
    (2) The service contour of the proposed transmitter does not overlap 
the interfering contour of any protected co-channel transmitter 
controlled by a carrier other than the applicant, unless the application 
contains a statement that the applicant agrees to accept any 
interference that may result from operation of the protected co-channel 
transmitter; and
    (3) The area and/or population to which service would be provided by 
the proposed transmitter is substantial, and service gained would exceed 
that lost as a result of agreements to accept interference.
    (b) Protected transmitter. For the purposes of this section, 
protected transmitters are authorized transmitters for which there is a 
current FCC public record and transmitters proposed in prior-filed 
pending applications, in the Paging and Radiotelephone Service and the 
Rural Radiotelephone Service.
    (c) VHF service contour. For base stations transmitting on the VHF 
channels, the radial distance from the transmitting antenna to the 
service contour along each cardinal radial is calculated as follows:

d=1.609xh0.40 x p0.20

where:

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

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

[[Page 149]]

    (1) If the radial antenna HAAT is less than 150 meters:

d=8.577xh0.24xp0.19

where:

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

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

d=12.306xh0.23xp0.14

where:

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

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

d=1.726xh0.35xp0.18

where:

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

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

d=9.471xh0.23xp0.15

where:

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

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

d=6.336xh0.31xp0.15

where:

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

    (3) The value used for p in the above formula must not be less than 
27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever 
is more.
    (4) The distance from the transmitting antenna to the interfering 
contour along any radial other than the eight cardinal radials is 
routinely calculated by linear interpolation of distance as a function 
of angle. However, in resolving petitions to deny, the FCC may calculate 
the distance to the interfering contour using the appropriate formula in 
paragraph (f) of this section with actual HAAT and ERP data for the 
inter-station radial and additional radials above and below the inter-
station radial at 2.5[deg] intervals.

[[Page 150]]

    (g) Protection for BETRS. In applying the provisions of paragraph 
(a) of this section, if either or both of the transmitters involved is a 
BETRS central office station, the following contour substitutions must 
be used:
    (1) The service contour of the BETRS central office station(s) is a 
circle, centered on the central office station antenna, with a radius of 
40 kilometers (25 miles).
    (2) The interfering contour of any station of any type, when 
determining whether it would overlap the service contour of a BETRS 
central office station, is calculated as follows:

d=36.364xh0.2x p0.1

where:

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

    Whenever the actual HAAT is less than 30 meters (98 feet), 30 must 
be used as the value for h in the above formula. The value used for p in 
the above formula must not be less than 27 dB less than the maximum ERP 
in any direction, or 0.1 Watt, whichever is more.
    (h) Assignment of mobile channels to base or fixed transmitters. 
Mobile channels may be assigned to base or fixed transmitters if the 
following criteria are met:
    (1) The paired base channel, as designated in Sec. 22.561, is 
assigned to base transmitters in the same geographical area operated by 
the same licensee.
    (2) The authorization is granted subject to the condition that no 
interference be caused to fixed receivers in use on or prior to the date 
of the grant.



Sec. 22.569  Additional channel policies.

    The rules in this section govern the processing of applications for 
a mobile channel when the applicant has applied or been granted an 
authorization for other mobile channels in the same geographic area. 
This section applies to applications proposing to use the channels 
listed in Sec. 22.561, except applications that propose to use these 
channels to provide paging service only, which are subject to Sec. 
22.539, instead of this section. The general policy of the FCC is to 
assign no more than two channels in an area to a carrier per application 
cycle. That is, a carrier must apply for no more than two channels, 
receive the authorization, construct the station, provide service to 
subscribers, and notify the FCC of commencement of service to 
subscribers (FCC Form 489) before applying for additional mobile 
channels in that area.
    (a) Transmitters in same area. Any transmitter on any channel listed 
in Sec. 22.561 is considered to be in the same geographic area as 
another transmitter or any other channel listed in Sec. 22.561 if:
    (1) One transmitter location is within the service area of the other 
transmitter; or,
    (2) The area within the overlap of the service contours of the two 
transmitters constitutes 50 percent or more of the service area of 
either of the transmitters.
    (b) Initial channel. The FCC will not assign more than two channels 
for new stations. Stations are considered to be new if there are no 
authorized transmitters on any channel listed in Sec. 22.561 controlled 
by the applicant in the same geographic area.
    (c) Additional channel. Applications for transmitters to be located 
in the same geographic area as an authorized station controlled by the 
applicant, but to operate on a different channel, are considered as 
requests for an additional channel for the authorized station, unless 
paragraph (d) of this section applies.
    (d) Additional transmitters on same channel. Notwithstanding other 
provisions of this section, the following applications are not 
considered to be requests for an additional channel:
    (1) Applications for transmitters to be located in the same 
geographic area as an authorized station controlled by the applicant, 
and to operate on the same paging channel;
    (2) Applications for transmitters to be located within a paging 
geographic area for which the applicant holds the paging geographic area 
authorization for the requested channel; and,
    (3) Applications for paging geographic area authorizations.
    (e) [Reserved]
    (f) Dismissal of application constituting cumulative request for 
more than two channels. If the FCC receives an application for a 
transmitter to be located

[[Page 151]]

in the same geographic area as a transmitter proposed in a pending 
application previously filed by the applicant, but on different channels 
such that, considered together, the applications would constitute a 
request for more than two channels, the FCC may dismiss the subsequent 
application without prejudice.
    (g) Dismissal of premature applications for additional channel. If 
the FCC receives an application requesting two additional channels (or 
one additional channel) for an authorized station prior to receiving 
notification that the station is providing service to subscribers on all 
(or all except one) of the authorized channels, the FCC may dismiss that 
application without prejudice.

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



Sec. 22.571  Responsibility for mobile stations.

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



Sec. 22.573  Use of base transmitters as repeaters.

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



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

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



Sec. 22.577  Dispatch service.

    Carriers licensed under this subpart may provide dispatch service in 
accordance with the rules in this section.
    (a) Installation without prior FCC approval. A station licensee may 
install or remove dispatch points for subscribers without obtaining 
prior FCC approval. A station licensee may install or remove dispatch 
transmitters for subscribers without applying for specific 
authorization, provided that the following conditions are met.
    (1) Each dispatch transmitter must be able to transmit only on the 
mobile channel that is paired with the channel used by the base station.
    (2) The antenna of the dispatch transmitter must not exceed the 
criteria in Sec. 17.7 of this chapter that determine whether the FAA 
must be notified of the proposed construction.
    (3) The output power of the dispatch transmitter must not exceed 10 
Watts.
    (4) The dispatch transmitter must be incapable of overriding the 
functioning of any control transmitter that may be using the same 
channel.
    (5) The dispatch transmitter must be under the continuous 
supervision of the licensee.

[[Page 152]]

    (b) Notification. Licensees must notify the Commission by filing FCC 
Form 601 whenever a dispatch transmitter is installed pursuant to 
paragraph (a) of this section. The notification must include the name 
and address of the subscriber(s) for which the dispatch transmitter was 
installed, the location of the dispatch transmitter, the height of 
antenna structure above ground and above mean sea level, the channel(s) 
used, and the call sign and location of the base station.
    (c) Termination without hearing. Operation of a dispatch transmitter 
pursuant to paragraphs (a) and (b) of this section may be terminated by 
the FCC without a hearing upon notice to the licensee.
    (d) Dispatch transmitters requiring authorization. A dispatch 
transmitter that does not meet all of the requirements of paragraph (a) 
of this section may be installed only upon the grant of an application 
for authorization by electronically filing FCC Form 601.
    (e) Permissible communications. A dispatch transmitter operated by a 
subscriber may communicate only with mobile transmitters operated by 
that subscriber through the associated base transmitter.

[59 FR 59507, Nov. 17, 1994, as amended at 60 FR 15495, Mar. 24, 1995; 
63 FR 68945, Dec. 14, 1998]



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

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



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

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

[[Page 153]]

for the interference exhibit required in paragraph (a) of this section.

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

                        Point-to-Point Operation



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

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

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



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


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

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

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



Sec. 22.593  Effective radiated power limits.

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



Sec. 22.599  Assignment of 72-76 MHz channels.

    Because of the potential for interference to the reception of TV 
Channels 4 and 5 by broadcast television sets and video recorders, 
assignments of the 72-76 MHz channels are subject to the following 
conditions:
    (a) Assignments of 72-76 MHz channels for use within 129 kilometers 
(80 miles) of a full service TV station transmitting on TV Channel 4 or 
5 are subject to the condition that the licensee must eliminate any 
interference caused to television reception on TV Channels 4 and 5. If 
the FCC notifies the licensee of an interference problem and the 
licensee does not resolve the

[[Page 154]]

problem within 90 days of such notification, operation of the 
interfering 72-76 MHz fixed station must be immediately discontinued.
    (b) 72-76 MHz channels may be assigned for use within 16 kilometers 
(10 miles) of a full service TV station transmitting on TV Channel 4 or 
5 under a developmental authorization, pursuant to Sec. 22.413. 
However, for use within 50 meters (164 feet) of a TV station 
transmitting on TV Channel 4 or 5, 72-76 MHZ channels may be assigned 
under a regular authorization, rather than a developmental 
authorization.



Sec. 22.601  Assignment of microwave channels.

    Assignment of the microwave channels listed in Sec. 22.591 is 
subject to the transition rules in Sec. 22.602. No new systems will be 
authorized under this part.
    (a) Coordination required. Before filing applications for authority 
to modify existing stations on these channels or major amendments to 
such applications, carriers must coordinate the planned channel usage, 
using the procedure outlined in Sec. 22.150, with affected parties in 
this radio service and the Point-to-Point Microwave Service and the 
Multipoint Distribution Service. Affected parties are licensees and 
other applicants with previously filed pending applications whose 
stations could affect or be affected by the proposed modification of the 
existing station in terms of interference.
    (b) System parameters. In designing a system modification, the 
applicant must select sites, equipment and channels that will avoid 
harmful interference to other users. All parties must cooperate fully 
and make reasonable efforts to resolve technical problems and conflicts 
that may inhibit the most effective and efficient use of the radio 
spectrum; however, a party receiving notification is not obligated to 
suggest changes or re-design a proposal in cases involving conflicts. 
The applicant must identify in the application all parties with which 
the technical proposal was coordinated. In the event that technical 
problems are not resolved or if an affected party does not respond to 
coordination efforts within 30 days after notification, an explanation 
must be contained in the application. Where technical conflicts are 
resolved by an agreement between the parties that requires special 
procedures to reduce the likelihood of harmful interference (such as the 
use of artificial site shielding), or would result in a reduction of 
quality or capacity of either system, the details thereof must be 
contained in the application.
    (c) Bandwidth. Applicants must request the minimum emission 
bandwidth necessary. The FCC does not authorize bandwidths larger than 
800 kHz under this part.



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

    The microwave channels listed in Sec. 22.591 have been allocated 
for use by emerging technologies (ET) services. No new systems will be 
authorized under this part. The rules in this section provide for a 
transition period during which existing Paging and Radiotelephone 
Service (PARS) licensees using these channels may relocate operations to 
other media or to other fixed channels, including those in other 
microwave bands. For PARS licensees relocating operations to other 
microwave bands, authorization must be obtained under part 101 of this 
chapter.
    (a) Licensees proposing to implement ET services may negotiate with 
PARS licensees authorized to use these channels, for the purpose of 
agreeing to terms under which the PARS licensees would--
    (1) Relocate their operations to other fixed microwave bands or 
other media, or alternatively,
    (2) Accept a sharing arrangement with the ET licensee that may 
result in an otherwise impermissible level of interference to the PARS 
operations.
    (b) PARS operations on these channels will continue to be co-primary 
with other users of this spectrum until two years after the FCC 
commences acceptance of applications for ET services, and until one year 
after an ET licensee initiates negotiations for relocation of the fixed 
microwave licensee's operations.
    (c) Voluntary Negotiations. During the two year voluntary 
negotiation period, negotiations are strictly voluntary and

[[Page 155]]

are not defined by any parameters. However, if the parties have not 
reached an agreement within one year after the commencement of the 
voluntary period, the PARS licensee must allow the ET licensee (if it so 
chooses) to gain access to the existing facilities to be relocated so 
that an independent third party can examine the PARS licensee's 2 GHz 
system and prepare an estimate of the cost and the time needed to 
relocate the PARS licensee to comparable facilities. The ET licensee 
must pay for any such estimate.
    (d) Mandatory Negotiations. If a relocation agreement is not reached 
during the two year voluntary period, the ET licensee may initiate a 
mandatory negotiation period. This mandatory period is triggered at the 
option of the ET licensee, but ET licensees may not invoke their right 
to mandatory negotiation until the voluntary negotiation period has 
expired. Once mandatory negotiations have begun, a PARS licensee may not 
refuse to negotiate and all parties are required to negotiate in good 
faith. Good faith requires each party to provide information to the 
other that is reasonably necessary to facilitate the relocation process. 
In evaluating claims that a party has not negotiated in good faith, the 
FCC will consider, inter alia, the following factors:
    (1) Whether the ET licensee has made a bona fide offer to relocate 
the PARS licensee to comparable facilities in accordance with Section 
101.75(b) of this chapter;
    (2) If the PARS licensee has demanded a premium, the type of premium 
requested (e.g., whether the premium is directly related to relocation, 
such as system-wide relocations and analog-to-digital conversions, 
versus other types of premiums), and whether the value of the premium as 
compared to the cost of providing comparable facilities is 
disproportionate (i.e., whether there is a lack of proportion or 
relation between the two);
    (3) What steps the parties have taken to determine the actual cost 
of relocation to comparable facilities;
    (4) Whether either party has withheld information requested by the 
other party that is necessary to estimate relocation costs or to 
facilitate the relocation process. Any party alleging a violation of our 
good faith requirement must attach an independent estimate of the 
relocation costs in question to any documentation filed with the 
Commission in support of its claim. An independent cost estimate must 
include a specification for the comparable facility and a statement of 
the costs associated with providing that facility to the incumbent 
licensee.
    (e) Involuntary period. After the periods specified in paragraph (b) 
of this section have expired, ET licensees may initiate involuntary 
relocation procedures under the Commission's rules. ET licensees are 
obligated to pay to relocate only the specific microwave links to which 
their systems pose an interference problem. Under involuntary 
relocation, a PARS licensee is required to relocate, provided that:
    (1) The ET applicant, provider, licensee or representative 
guarantees payment of relocation costs, including all engineering, 
equipment, site and FCC fees, as well as any legitimate and prudent 
transaction expenses incurred by the PARS licensee that are directly 
attributable to an involuntary relocation, subject to a cap of two 
percent of the hard costs involved. Hard costs are defined as the actual 
costs associated with providing a replacement system, such as equipment 
and engineering expenses. ET licensees are not required to pay PARS 
licensees for internal resources devoted to the relocation process. ET 
licensees are not required to pay for transaction costs incurred by PARS 
licensees during the voluntary or mandatory periods once the involuntary 
period is initiated or for fees that cannot be legitimately tied to the 
provision of comparable facilities;
    (2) The ET applicant, provider, licensee or representative completes 
all activities necessary for implementing the replacement facilities, 
including engineering and cost analysis of the relocation procedure and, 
if radio facilities are involved, identifying and obtaining, on the 
incumbents behalf, new channels and frequency coordination; and,

[[Page 156]]

    (3) The ET applicant, provider, licensee or representative builds 
the replacement system and tests it for comparability with the existing 
2 GHz system.
    (f) Comparable Facilities. The replacement system provided to an 
incumbent during an involuntary relocation must be at least equivalent 
to the existing PARS system with respect to the following three factors:
    (1) Throughput. Communications throughput is the amount of 
information transferred within a system in a given amount of time. If 
analog facilities are being replaced with analog, the ET licensee is 
required to provide the PARS licensee with an equivalent number of 4 kHz 
voice channels. If digital facilities are being replaced with digital, 
the ET licensee must provide the PARS licensee with equivalent data 
loading bits per second (bps). ET licensees must provide PARS licensees 
with enough throughput to satisfy the PARS licensee's system use at the 
time of relocation, not match the total capacity of the PARS system.
    (2) Reliability. System reliability is the degree to which 
information is transferred accurately within a system. ET licensees must 
provide PARS licensees with reliability equal to the overall reliability 
of their system. For digital data systems, reliability is measured by 
the percent of time the bit error rate (BER) exceeds a desired value, 
and for analog or digital voice transmissions, it is measured by the 
percent of time that audio signal quality meets an established 
threshold. If an analog voice system is replaced with a digital voice 
system, only the resulting frequency response, harmonic distortion, 
signal-to-noise ratio and its reliability will be considered in 
determining comparable reliability.
    (3) Operating Costs. Operating costs are the cost to operate and 
maintain the PARS system. ET licensees must compensate PARS licensees 
for any increased recurring costs associated with the replacement 
facilities (e.g. additional rental payments, increased utility fees) for 
five years after relocation. ET licensees may satisfy this obligation by 
making a lump-sum payment based on present value using current interest 
rates. Additionally, the maintenance costs to the PARS licensee must be 
equivalent to the 2 GHz system in order for the replacement system to be 
considered comparable.
    (g) The PARS licensee is not required to relocate until the 
alternative facilities are available to it for a reasonable time to make 
adjustments, determine comparability, and ensure a seamless handoff.
    (h) The Commission's Twelve-Month Trial Period. If, within one year 
after the relocation to new facilities, the PARS licensee demonstrates 
that the new facilities are not comparable to the former facilities, the 
ET applicant, provider, licensee or representative must remedy the 
defects or pay to relocate the PARS licensee to one of the following: 
its former or equivalent 2 GHz channels, another comparable frequency 
band, a land-line system, or any other facility that satisfies the 
requirements specified in paragraph (f) of this section. This trial 
period commences on the date that the PARS licensee begins full 
operation of the replacement link. If the PARS licensee has retained its 
2 GHz authorization during the trial period, it must return the license 
to the Commission at the end of the twelve months.
    (i) After April 25, 1996, all major modifications and extensions to 
existing PARS systems operating on channels in the 2110-2130 and 2160-
2180 MHz bands will be authorized on a secondary basis to future ET 
operations. All other modifications will render the modified PARS 
license secondary to future ET operations unless the incumbent 
affirmatively justifies primary status and the incumbent PARS licensee 
establishes that the modification would not add to the relocation costs 
of ET licensees. Incumbent PARS licensees will maintain primary status 
for the following technical changes:
    (1) Decreases in power;
    (2) Minor changes (increases or decreases) in antenna height;
    (3) Minor location changes (up to two seconds);
    (4) Any data correction which does not involve a change in the 
location of an existing facility;
    (5) Reductions in authorized bandwidth;

[[Page 157]]

    (6) Minor changes (increases or decreases) in structure height;
    (7) Changes (increases or decreases) in ground elevation that do not 
affect centerline height;
    (8) Minor equipment changes.
    (j) Sunset. PARS licensees will maintain primary status in the 2110-
2130 and 2160-2180 MHz bands unless and until an ET licensee requires 
use of the spectrum. ET licensees are not required to pay relocation 
costs after the relocation rules sunset (i.e. ten years after the 
voluntary period begins for the first ET licensees in the service). Once 
the relocation rules sunset, an ET licensee may require the incumbent to 
cease operations, provided that the ET licensee intends to turn on a 
system within interference range of the incumbent, as determined by TIA 
Bulletin 10-F or any standard successor. ET licensee notification to the 
affected PARS licensee must be in writing and must provide the incumbent 
with no less than six months to vacate the spectrum. After the six-month 
notice period has expired, the PARS licensee must turn its license back 
into the Commission, unless the parties have entered into an agreement 
which allows the PARS licensee to continue to operate on a mutually 
agreed upon basis. If the parties cannot agree on a schedule or an 
alternative arrangement, requests for extension will be accepted and 
reviewed on a case-by-case basis. The Commission will grant such 
extensions only if the incumbent can demonstrate that:
    (1) It cannot relocate within the six-month period (e.g., because no 
alternative spectrum or other reasonable option is available), and;
    (2) The public interest would be harmed if the incumbent is forced 
to terminate operations (e.g., if public safety communications services 
would be disrupted).

[61 FR 29689, June 12, 1996]



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

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

                      Point-to-Multipoint Operation



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

    The following channels are allocated for assignment to transmitters 
utilized within point-to-multipoint systems that support transmitters 
that provide public mobile service. Unless otherwise indicated, all 
channels have a bandwidth of 20 kHz and are designated by their center 
frequencies in MegaHertz. No new licenses will be issued for any 900 MHz 
frequencies in this section. See part 101, subpart O of this chapter for 
treatment of incumbents and for new licensing procedures. Incumbents 
under part 22 are subject to the restrictions of part 101, subpart O of 
this chapter but may make permissible modifications, transfers, 
assignments, or renew their licenses using procedures, forms, fees, and 
filing requirements of part 22.

                           Public Mobile Pool
 
                           (25 kHz bandwidth)
 
928.8625........................  959.8625  928.9375..........  959.9375
928.8875........................  959.8875  928.9625..........  959.9625
928.9125........................  959.9125  928.9875..........  959.9875
 
                          (12.5 kHz bandwidth)
 
928.85625.......................  959.8562  928.93125.........  959.9312
                                   5                             5
928.86875.......................  959.8687  928.94375.........  959.9437
                                   5                             5
928.88125.......................  959.8812  928.95625.........  959.9562
                                   5                             5
928.89375.......................  959.8937  928.96875.........  959.9687
                                   5                             5
928.90625.......................  959.9062  928.98125.........  959.9812
                                   5                             5
928.91875.......................  959.9187  928.99375.........  959.9937
                                   5                             5
 
                    Private Radio General Access Pool
 
                           (25 kHz bandwidth)
 
956.2625........................  956.3125  956.3625..........  956.4125
956.2875........................  956.3375  956.3875..........  956.4375
 
928.0125........................  952.0125  928.1875..........  952.1875
928.0375........................  952.0375  928.2125..........  952.2125
928.0625........................  952.0625  928.2375..........  952.2375
928.0875........................  952.0875  928.2625..........  952.2625
928.1125........................  952.1125  928.2875..........  952.2875

[[Page 158]]

 
928.1375........................  952.1375  928.3125..........  952.3125
928.1625........................  952.1625  928.3375..........  952.3375
 
                          (12.5 kHz bandwidth)
 
956.25625.......................  956.3062  956.35625.........  956.4062
                                   5                             5
956.26875.......................  956.3187  956.36875.........  956.4187
                                   5                             5
956.28125.......................  956.3312  956.38125.........  956.4312
                                   5                             5
956.29375.......................  956.3437  956.39375.........  956.4437
                                   5                             5
 
928.00625.......................  952.0062  928.18125.........  952.1812
                                   5                             5
928.01875.......................  952.0187  928.19375.........  952.1937
                                   5                             5
928.03125.......................  952.0312  928.20625.........  952.2062
                                   5                             5
928.04375.......................  952.0437  928.21875.........  952.2187
                                   5                             5
928.05625.......................  952.0562  928.23125.........  952.2312
                                   5                             5
928.06875.......................  952.0687  928.24375.........  952.2437
                                   5                             5
928.08125.......................  952.0812  928.25625.........  952.2562
                                   5                             5
928.09375.......................  952.0937  928.26875.........  952.2687
                                   5                             5
928.10625.......................  952.1062  928.28125.........  952.2812
                                   5                             5
928.11875.......................  952.1187  928.29375.........  952.2937
                                   5                             5
928.13125.......................  952.1312  928.30625.........  952.3062
                                   5                             5
928.14375.......................  952.1437  928.31875.........  952.3187
                                   5                             5
928.15625.......................  952.1562  928.33125.........  952.3312
                                   5                             5
928.16875.......................  952.1687  928.34375.........  952.3437
                                   5                             5
 
                        Private Radio Power Pool
 
                           (25 kHz bandwidth)
 
928.3625........................  952.3625  928.6125..........  952.6125
928.3875........................  952.3875  928.6375..........  952.6375
928.4125........................  952.4125  928.6625..........  952.6625
928.4375........................  952.4375  928.6875..........  952.6875
928.4625........................  952.4625  928.7125..........  952.7125
928.4875........................  952.4875  928.7375..........  952.7375
928.5125........................  952.5125  928.7625..........  952.7625
928.5375........................  952.5375  928.7875..........  952.7875
928.5625........................  952.5625  928.8125..........  952.8125
928.5875........................  952.5875  928.8375..........  952.8375
 
                          (12.5 kHz bandwidth)
 
928.35625.......................  952.3562  928.60625.........  952.6062
                                   5                             5
928.36875.......................  952.3687  928.61875.........  952.6187
                                   5                             5
928.38125.......................  952.3812  928.63125.........  952.6312
                                   5                             5
928.39375.......................  952.3937  928.64375.........  952.6437
                                   5                             5
928.40625.......................  952.4062  928.65625.........  952.6562
                                   5                             5
928.41875.......................  952.4187  928.66875.........  952.6687
                                   5                             5
928.43125.......................  952.4312  928.68125.........  952.6812
                                   5                             5
928.44375.......................  952.4437  928.69375.........  952.6937
                                   5                             5
928.45625.......................  952.4562  928.70625.........  952.7062
                                   5                             5
928.46875.......................  952.4687  928.71875.........  952.7187
                                   5                             5
928.48125.......................  952.4812  928.73125.........  952.7312
                                   5                             5
928.49375.......................  952.4937  928.74375.........  952.7437
                                   5                             5
928.50625.......................  952.5062  928.75625.........  952.7562
                                   5                             5
928.51875.......................  952.5187  928.76875.........  952.7687
                                   5                             5
928.53125.......................  952.5312  928.78125.........  952.7812
                                   5                             5
928.54375.......................  952.5437  928.79375.........  952.7937
                                   5                             5
928.55625.......................  952.5562  928.80625.........  952.8062
                                   5                             5
928.56875.......................  952.5687  928.81875.........  952.8187
                                   5                             5
928.58125.......................  952.5812  928.83125.........  952.8312
                                   5                             5
928.59375.......................  952.5937  928.84375.........  952.8437
                                   5                             5
 
                 Public, Private, Government Shared Pool
 
                          (12.5 kHz bandwidth)
 
932.00625.......................  941.0062  932.25625.........  941.2562
                                   5                             5
932.01875.......................  941.0187  932.26875.........  941.2687
                                   5                             5
932.03125.......................  941.0312  932.28125.........  941.2812
                                   5                             5
932.04375.......................  941.0437  932.29375.........  941.2937
                                   5                             5
932.05625.......................  941.0562  932.30625.........  941.3062
                                   5                             5
932.06875.......................  941.0687  932.31875.........  941.3187
                                   5                             5
932.08125.......................  941.0812  932.33125.........  941.3312
                                   5                             5
932.09375.......................  941.0937  932.34375.........  941.3437
                                   5                             5
932.10625.......................  941.1062  932.35625.........  941.3562
                                   5                             5
932.11875.......................  941.1187  932.36875.........  941.3687
                                   5                             5
932.13125.......................  941.1312  932.38125.........  941.3812
                                   5                             5
932.14375.......................  941.1437  932.39375.........  941.3937
                                   5                             5
932.15625.......................  941.1562  932.40625.........  941.4062
                                   5                             5
932.16875.......................  941.1687  932.41875.........  941.4187
                                   5                             5
932.18125.......................  941.1812  932.43125.........  941.4312
                                   5                             5
932.19375.......................  941.1937  932.44375.........  941.4437
                                   5                             5
932.20625.......................  941.2062  932.45625.........  941.4562
                                   5                             5
932.21875.......................  941.2187  932.46875.........  941.4687
                                   5                             5
932.23125.......................  941.2312  932.48125.........  941.4812
                                   5                             5
932.24375.......................  941.2437  932.49375.........  941.4937
                                   5                             5
 
                  UHF Channels in Specified Urban Areas
 
                                 Boston
 
470.0125........................  473.0125  482.0125..........  485.0125
470.0375........................  473.0375  482.0375..........  485.0375
470.0625........................  473.0625  482.0625..........  485.0625
470.0875........................  473.0875  482.0875..........  485.0875
470.1125........................  473.1125  482.1125..........  485.1125
470.1375........................  473.1375  482.1375..........  485.1375
470.1625........................  473.1625  482.1625..........  485.1625
470.1875........................  473.1875  482.1875..........  485.1875
470.2125........................  473.2125  482.2125..........  485.2125
470.2375........................  473.2375  482.2375..........  485.2375
470.2625........................  473.2625  482.2625..........  485.2625
470.2875........................  473.2875  482.2875..........  485.2875
 
                           Chicago, Cleveland
 
470.0125........................  473.0125  476.0125..........  479.0125
470.0375........................  473.0375  476.0375..........  479.0375
470.0625........................  473.0625  476.0625..........  479.0625
470.0875........................  473.0875  476.0875..........  479.0875
470.1125........................  473.1125  476.1125..........  479.1125
470.1375........................  473.1375  476.1375..........  479.1375
470.1625........................  473.1625  476.1625..........  479.1625
470.1875........................  473.1875  476.1875..........  479.1875
470.2125........................  473.2125  476.2125..........  479.2125
470.2375........................  473.2375  476.2375..........  479.2375
470.2625........................  473.2625  476.2625..........  479.2625
470.2875........................  473.2875  476.2875..........  479.2875
 
                    New York-Northeastern New Jersey
 
470.0125........................  470.1625  476.0125..........  476.1625
470.0375........................  470.1875  476.0375..........  476.1875
470.0625........................  470.2125  476.0625..........  476.2125
470.0875........................  470.2375  476.0875..........  476.2375
470.1125........................  470.2625  476.1125..........  476.2625
470.1375........................  470.2875  476.1375..........  476.2875
 
                           Dallas-Forth Worth
 
482.0125........................  482.1625  485.0125..........  485.1625
482.0375........................  482.1875  485.0375..........  485.1875
482.0625........................  482.2125  485.0625..........  485.2125
482.0875........................  482.2375  485.0875..........  485.2375
482.1125........................  482.2625  485.1125..........  485.2625
482.1375........................  482.2875  485.1375..........  485.2875
 
                                 Detroit
 
476.0125........................  479.0125  482.0125..........  485.0125
476.0375........................  479.0375  482.0375..........  485.0375
476.0625........................  479.0625  482.0625..........  485.0625
476.0875........................  479.0875  482.0875..........  485.0875
476.1125........................  479.1125  482.1125..........  485.1125
476.1375........................  479.1375  482.1375..........  485.1375
476.1625........................  479.1625  482.1625..........  485.1625
476.1875........................  479.1875  482.1875..........  485.1875
476.2125........................  479.2125  482.2125..........  485.2125
476.2375........................  479.2375  482.2375..........  485.2375
476.2625........................  479.2625  482.2625..........  485.2625
476.2875........................  479.2875  482.2875..........  485.2875
 
                                 Houston
 
488.1625........................  491.1625  488.2375..........  491.2375
488.1875........................  491.1875  488.2625..........  491.2625
488.2125........................  491.2125  488.2875..........  491.2875
 
                               Los Angeles
 
470.0125........................  473.0125  506.0625..........  509.0625
470.0375........................  473.0375  506.0875..........  509.0875
506.0125........................  509.0125  506.1125..........  509.1125
506.0375........................  509.0375  ..................
 
                                  Miami
 
470.0125........................  470.1625  473.0125..........  473.1625

[[Page 159]]

 
470.0375........................  470.1875  473.0375..........  473.1875
470.0625........................  470.2125  473.0625..........  473.2125
470.0875........................  470.2375  473.0875..........  473.2375
470.1125........................  470.2625  473.1125..........  473.2625
470.1375........................  470.2875  473.1375..........  473.2875
 
                              Philadelphia
 
500.0125........................  503.0125  506.0125..........  509.0125
500.0375........................  503.0375  506.0375..........  509.0375
500.0625........................  503.0625  506.0625..........  509.0625
500.0875........................  503.0875  506.0875..........  509.0875
500.1125........................  503.1125  506.1125..........  509.1125
500.1375........................  503.1375  506.1375..........  509.1375
500.1625........................  503.1625  506.1625..........  509.1625
500.1875........................  503.1875  506.1875..........  509.1875
500.2125........................  503.2125  506.2125..........  509.2125
500.2375........................  503.2375  506.2375..........  509.2375
500.2625........................  503.2625  506.2625..........  509.2625
500.2875........................  503.2875  506.2875..........  509.2875
 
                               Pittsburgh
 
470.0125........................  470.1625  473.0125..........  473.1625
470.0375........................  470.1875  473.0375..........  473.1875
470.0625........................  470.2125  473.0625..........  473.2125
470.0875........................  470.2375  473.0875..........  473.2375
470.1125........................  470.2625  473.1125..........  473.2625
470.1375........................  470.2875  473.1375..........  473.2875
 
                              San Francisco
 
482.0125........................  485.0125  488.0125..........  491.0125
482.0375........................  485.0375  488.0375..........  491.0375
482.0625........................  485.0625  488.0625..........  491.0625
482.0875........................  485.0875  488.0875..........  491.0875
482.1125........................  485.1125  488.1125..........  491.1125
482.1375........................  485.1375  488.1375..........  491.1375
482.1625........................  485.1625  488.1625..........  491.1625
482.1875........................  485.1875  488.1875..........  491.1875
482.2125........................  485.2125  488.2125..........  491.2125
482.2375........................  485.2375  488.2375..........  491.2375
482.2625........................  485.2625  488.2625..........  491.2625
482.2875........................  485.2875  488.2875..........  491.2875
 
                             Washington, DC
 
488.0125........................  491.0125  494.0125..........  497.0125
488.0375........................  491.0375  494.0375..........  497.0375
488.0625........................  491.0625  494.0625..........  497.0625
488.0875........................  491.0875  494.0875..........  497.0875
488.1125........................  491.1125  494.1125..........  497.1125
488.1375........................  491.1375  494.1375..........  497.1375
488.1625........................  491.1625  494.1625..........  497.1625
488.1875........................  491.1875  494.1875..........  497.1875
488.2125........................  491.2125  494.2125..........  497.2125
488.2375........................  491.2375  494.2375..........  497.2375
488.2625........................  491.2625  494.2625..........  497.2625
488.2875........................  491.2875  494.2875..........  497.2875
 


[59 FR 59507, Nov. 17, 1994; 60 FR 9890, Feb. 22, 1995, as amended at 61 
FR 54099, Oct. 17, 1996; 65 FR 17448, Apr. 3, 2000]



Sec. 22.623  System configuration.

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



Sec. 22.625  Transmitter locations.

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

------------------------------------------------------------------------
                 Urban area                  N. latitude   W. longitude
------------------------------------------------------------------------
Boston, MA.................................  42[deg]21[m  71[deg]03[min]
                                             in]24.4[sec       22.2[sec]
                                                       ]
Chicago, IL................................  41[deg]52[m  87[deg]38[min]
                                             in]28.1[sec       22.2[sec]
                                                       ]
Cleveland, OH..............................  41[deg]29[m  81[deg]41[min]
                                             in]51.2[sec       49.5[sec]
                                                       ]

[[Page 160]]

 
Dallas, TX.................................  32[deg]47[m  96[deg]47[min]
                                             in]09.5[sec       38.0[sec]
                                                       ]
Detroit, MI................................  42[deg]19[m  83[deg]02[min]
                                             in]48.1[sec       56.7[sec]
                                                       ]
Houston, TX................................  29[deg]45[m  95[deg]21[min]
                                             in]26.8[sec       37.8[sec]
                                                       ]
Los Angeles, CA............................  34[deg]03[m  18[deg]14[min]
                                             in]15.0[sec       31.3[sec]
                                                       ]
Miami, FL..................................  25[deg]46[m  80[deg]11[min]
                                             in]38.6[sec       31.2[sec]
                                                       ]
New York, NY...............................  40[deg]45[m  73[deg]59[min]
                                             in]6.4[sec]       37.5[sec]
Philadelphia, PA...........................  39[deg]56[m  75[deg]09[min]
                                             in]58.4[sec       19.6[sec]
                                                       ]
Pittsburgh, PA.............................  40[deg]26[m  79[deg]59[min]
                                             in]19.2[sec       59.2[sec]
                                                       ]
San Francisco-Oakland, CA..................  37[deg]46[m  122[deg]24[min
                                             in]38.7[sec      ]43.9[sec]
                                                       ]
Washington, DC.............................  38[deg]53[m  77[deg]00[min]
                                             in]51.4[sec       31.9[sec]
                                                       ]
------------------------------------------------------------------------
Note: Coordinates are referenced to North American Datum 1983 (NAD 83).

    (2) Protection from intermodulation interference. Control 
transmitter locations must be at least 1.6 kilometers (1 mile) from the 
main transmitter locations of all TV stations transmitting on TV 
channels separated by 2, 3, 4, 5, 7, or 8 TV channels from the TV 
channel containing the frequencies on which the control station will 
transmit. This requirement is intended to reduce the likelihood of 
intermodulation interference.
    (3) Co-channel protection from control transmitters with high 
antennas. This paragraph applies only to control transmitters that 
utilize an antenna height of more than 152 meters (500 feet) above 
average terrain. The distance between the location of such a control 
transmitter and the applicable protected TV station location specified 
in this paragraph must equal or exceed the sum of the distance from the 
control transmitter location to the radio horizon in the direction of 
the specified location and 89 kilometers (55 miles--representing the 
distance from the main transmitter location of the TV station to its 
Grade B contour in the direction of the control transmitter). The 
protected TV station locations in this paragraph are the locations of 
record as of September 1974, and these do not change even though the TV 
stations may have been subsequently relocated.
    (i) The protected TV station locations are as follows:

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

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

where

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

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68946, Dec. 14, 1998]



Sec. 22.627  Effective radiated power limits.

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

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

    (b) 470-512 MHz limits. The purpose of the rules in paragraphs 
(b)(1) through (b)(3) of this section is to reduce the likelihood that 
interference to television receiption from public mobile operations on 
these channels will occur. The protected TV station locations specified 
in this section are the locations of record as of September 1974, and 
these do not change even though the TV stations may have been 
subsequently relocated.
    (1) Co-channel protection. The ERP of control transmitters must not 
exceed the limits in the tables in paragraphs (b)(1)(ii) and (b)(1)(iii) 
of this section. The limits depend upon the height above average terrain 
of the control transmitter antenna and the distance between the control 
transmitter and the nearest protected TV station location in paragraph 
(b)(1)(i) of this section.
    (i) The protected TV station locations are as follows (all 
coordinates are referenced to North American Datum 1983 (NAD83)):

[[Page 161]]



------------------------------------------------------------------------
                                                Protected TV station
    Control transmitter frequency range               location
------------------------------------------------------------------------
470-476 MHz...............................  Jacksonville, IL,
                                             39[deg]45[min]52.2[sec] N.
                                             Lat.
                                             90[deg]30[min]29.5[sec] W.
                                             Long.
                                            Mt. Pleasant, MI,
                                             43[deg]34[min]24.1[sec] N.
                                             Lat.
                                             84[deg]46[min]21.1[sec] W.
                                             Long.
476-482 MHz...............................  Oxford, OH,
482-488 MHz...............................   39[deg]30[min]26.2[sec] N.
488-494 MHz...............................   Lat. 84[deg]44[min]8.8[sec]
494-500 MHz...............................   W. Long.
500-506 MHz...............................  Washington, DC,
506-512 MHz...............................   38[deg]57[min]17.4[sec] N.
                                             Lat.
                                             77[deg]00[min]15.9[sec] W.
                                             Long.
                                            Champaign, IL,
                                             40[deg]04[min]11.1[sec] N.
                                             Lat.
                                             87[deg]54[min]45.1[sec] W.
                                             Long.
                                            Madison, WI,
                                             43[deg]03[min]01.0[sec] N.
                                             Lat.
                                             89[deg]29[min]15.4[sec] W.
                                             Long.
                                            Parkersburg, WV,
                                             39[deg]20[min]50.3[sec] N.
                                             Lat.
                                             81[deg]33[min]55.5[sec] W.
                                             Long.
                                            Fort Wayne, IN,
                                             41[deg]05[min]35.2[sec] N.
                                             Lat.
                                             85[deg]10[min]41.9[sec] W.
                                             Long.
                                            Lancaster, PA,
                                             40[deg]15[min]45.3[sec] N.
                                             Lat.
                                             76[deg]27[min]47.9[sec] W.
                                             Long.
                                            South Bend, IN,
                                             41[deg]36[min]26.2[sec] N.
                                             Lat.
                                             86[deg]27[min]48.1[sec] W.
                                             Long.
                                            Philadelphia, PA,
                                             40[deg]02[min]30.4[sec] N.
                                             Lat.
                                             75[deg]14[min]22.6[sec] W.
                                             Long.
                                            None.
                                            Johnstown, PA,
                                             40[deg]19[min]47.3[sec] N.
                                             Lat.
                                             78[deg]53[min]44.1[sec] W.
                                             Long.
                                            Washington, DC,
                                             38[deg]57[min]49.4[sec] N.
                                             Lat.
                                             77[deg]06[min]16.9[sec] W.
                                             Long.
                                            Waterbury, CT,
                                             41[deg]31[min]2.3[sec] N.
                                             Lat.
                                             73[deg]00[min]58.4[sec] W.
                                             Long.
------------------------------------------------------------------------

    (ii) Table E-3 and E-4 apply to control transmitters in the New 
York-Northeastern New Jersey and Cleveland urban areas that transmit on 
channels in the 476-482 MHz range and to control transmitters in the 
Detroit urban area that transmit on channels in the 482-488 MHz range.
    (iii) Tables E-5 and E-6 apply to all control transmitters except 
those to which Tables E-3 and E-4 apply.
    (2) Adjacent channel protection. The ERP of control transmitters 
must not exceed the limits in Table E-7. The limits depend upon the 
height above average terrain of the control transmitter antenna and the 
distance between the control transmitter and the nearest protected TV 
station location listed in this paragraph. The protected TV station 
locations are as follows (all coordinates are referenced to North 
American Datum 1983 (NAD83)):

------------------------------------------------------------------------
   Control transmitter frequency       Protected TV station        TV
               range                         location            channel
------------------------------------------------------------------------
470-476 MHz.......................   Hanover, NH,                   (15)
                                     43[deg]42[min]30.3[sec]
                                     N. Lat.
                                     72[deg]09[min]14.3[sec]
                                     W. Long..
                                    Madison, WI,                    (15)
                                     43[deg]03[min]01.0[sec]
                                     N. Lat.
                                     89[deg]29[min]15.4[sec]
                                     W. Long..
                                    Champaign, IL,                  (15)
                                     40[deg]04[min]11.1[sec]
                                     N. Lat.
                                     87[deg]54[min]45.1[sec]
                                     W. Long..
                                    San Diego, CA,                  (15)
                                     32[deg]41[min]48.2[sec]
                                     N. Lat.
                                     116[deg]56[min]13.1[sec]
                                     W. Long..
                                    Lancaster, PA,                  (15)
                                     40[deg]15[min]45.3[sec]
                                     N. Lat.
                                     76[deg]27[min]47.9[sec]
                                     W. Long..
                                    Parkersburg, WV,                (15)
                                     39[deg]20[min]50.3[sec]
                                     N. Lat.
                                     81[deg]33[min]55.5[sec]
                                     W. Long..
476-482 MHz.......................  South Bend, IN,                 (16)
                                     41[deg]36[min]26.2[sec]
                                     N. Lat.
                                     86[deg]27[min]48.1[sec]
                                     W. Long..
                                    Pittsburgh, PA,                 (16)
                                     40[deg]26[min]46.2[sec]
                                     N. Lat.
                                     79[deg]57[min]50.2[sec]
                                     W. Long..
                                    Mt. Pleasant, MI,               (14)
                                     43[deg]34[min]24.1[sec]
                                     N. Lat.
                                     84[deg]46[min]21.1[sec]
                                     W. Long..
                                    Scranton, PA,                   (16)
                                     41[deg]10[min]58.3[sec]
                                     N. Lat.
                                     75[deg]52[min]19.7[sec]
                                     W. Long..
482-488 MHz.......................  Hanover, NH,                    (15)
                                     43[deg]42[min]30.3[sec]
                                     N. Lat.
                                     72[deg]09[min]14.3[sec]
                                     W. Long..
                                    Fort Wayne, IN,                 (15)
                                     41[deg]05[min]35.2[sec]
                                     N. Lat.
                                     85[deg]10[min]41.9[sec]
                                     W. Long..
488-494 MHz.......................  Salisbury, MD,                  (16)
                                     38[deg]24[min]15.4[sec]
                                     N. Lat.
                                     75[deg]34[min]43.7[sec]
                                     W. Long..
494-500 MHz.......................  Philadelphia, PA,               (17)
                                     40[deg]02[min]30.4[sec]
                                     N. Lat.
                                     75[deg]14[min]22.6[sec]
                                     W. Long..
500-506 MHz.......................  Washington, DC,                 (20)
                                     38[deg]57[min]17.4[sec]
                                     N. Lat.
                                     77[deg]00[min]15.9[sec]
                                     W. Long..
506-512 MHz.......................  Harrisburg, PA,                 (21)
                                     40[deg]20[min]44.3[sec]
                                     N. Lat.
                                     76[deg]52[min]07.9[sec]
                                     W. Long..
------------------------------------------------------------------------

    (c) Los Angeles area. This paragraph applies only to control 
transmitters in the Los Angeles urban area that utilize an antenna 
height of 457 or more meters (1500 or more feet) above mean sea

[[Page 162]]

level. The ERP of such transmitters must not exceed the following 
limits:

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


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


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


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


[[Page 163]]


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


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


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

                  470-512 MHz Trunked Mobile Operation



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

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

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



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



Sec. 22.653  Eligibility.

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



Sec. 22.655  Channel usage.

    The FCC is redesignating the public mobile channels in the 470-512 
MHz range from trunked mobile operation to point-to-multipoint operation 
as the demand for trunked mobile service decreases.
    (a) The licensees in each market shall measure channel usage at 
least once every 3 months. These measurements shall be reported to the 
FCC within 30 days. Measurements shall be taken during the busiest 12-
hour periods on 3 days (within a 7-day period) having normal usage. The 
information must be reported separately for each of the 3 days selected, 
must be reported

[[Page 164]]

by dates, and must disclose the following:
    (1) The number of mobile units in service during each of the days 
specified;
    (2) The number of calls completed each hour;
    (3) The total number of minutes during each hour that the channels 
were utilized for communications by the mobile units;
    (4) The average channel usage for the busiest hour for the 3 days 
measured; and
    (5) Any additional information that more accurately reflects channel 
usage.
    (b) If the measured probability of blocking decreases below 25%, the 
FCC will redesignate channels not needed to maintain blocking at 25% or 
less. The number of channels needed to maintain blocking below 25% will 
be determined from the channel usage reports and the Erlang C tables.
    (c) Although two or more channels are necessary to provide trunked 
service, the FCC may, pursuant to this section, reduce to one the number 
of channels assigned. In such cases, the licensee may provide non-
trunked two-way public mobile service on the one remaining channel.



Sec. 22.657  Transmitter locations.

    The purpose of the rules in paragraphs (a) and (b) of this section 
is to define the areas in which the 470-512 MHz channels are allocated 
for public mobile use. The purpose of the rules in paragraphs (c) 
through (f) of this section is to reduce the likelihood that 
interference to television reception from public mobile operations on 
these channels will occur. The protected TV station locations specified 
in paragraphs (d), (e)(1) and (f) of this section are the locations of 
record as of September 1974, and these do not change even though the TV 
stations may have been subsequently relocated.
    (a) Base transmitter locations. Base transmitter locations must be 
within 80 kilometers (50 miles) of the designated locations in this 
paragraph. Mobile transmitters must not be operated at locations more 
than 129 kilometers (80 miles) from the designated locations in this 
paragraph. Note: All coordinates are referenced to North American Datum 
1983 (NAD83).

------------------------------------------------------------------------
                                                                  W.
                  Urban area                    N. latitude   longitude
------------------------------------------------------------------------
 Houston, TX..................................  29[deg]45[m  95[deg]21[m
                                                in]26.8[sec  in]37.8[sec
                                                          ]            ]
New York, NY-NE NJ............................  40[deg]45[m  73[deg]59[m
                                                in]06.4[sec  in]37.5[sec
                                                          ]            ]
------------------------------------------------------------------------

    (b) Mobile area of operation. Mobile transmitters must not be 
operated at locations more than 48 kilometers (30 miles) from all 
associated base stations.
    (c) Protection from intermodulation interference. Base transmitter 
locations must be at least 1.6 kilometers (1 mile) from the current main 
transmitter locations of all TV stations transmitting on TV channels 
separated by 2, 3, 4, 5, 7, or 8 TV channels from the TV channel 
containing the frequencies on which the base station will transmit. This 
requirement is intended to reduce the likelihood of intermodulation 
interference.
    (d) Adjacent channel protection from mobile transmitters. Base 
transmitter locations must be at least 145 kilometers (90 miles) from 
the applicable protected TV station locations specified in this 
paragraph. This requirement is intended to provide a 0 dB minimum 
desired to undesired signal strength ratio at the Grade B contour of an 
adjacent channel TV station. Note: All coordinates are referenced to 
North American Datum 1983 (NAD83).

------------------------------------------------------------------------
   Control transmitter frequency       Protected TV station        TV
               range                         location            channel
------------------------------------------------------------------------
470-476 MHz.......................  Lancaster, PA,                  (15)
                                     40[deg]15[min]45.3[sec]
                                     N. Lat.
                                     76[deg]27[min]47.9[sec]
                                     W. Long..
476-482 MHz.......................  Scranton, PA,                   (16)
                                     41[deg]10[min]58.3[sec]
                                     N. Lat.
                                     75[deg]52[min]19.7[sec]
                                     W. Long..
------------------------------------------------------------------------

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

[[Page 165]]

referenced to North American Datum 1983 (NAD83)):

------------------------------------------------------------------------
  Control transmitter frequency range     Protected TV station location
------------------------------------------------------------------------
470-476 MHz............................  Washington, DC,
                                          38[deg]57[min]17.4[sec] N.
                                          Lat. 77[deg]00[min]15.9[sec]
                                          W. Long.
476-482 MHz............................  Lancaster, PA,
                                          40[deg]15[min]45.3[sec] N.
                                          Lat. 76[deg]27[min]47.9[sec]
                                          W. Long.
------------------------------------------------------------------------

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

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

    (f) Co-channel protection from base transmitters with high antennas. 
This paragraph applies only to base transmitter locations in the New 
York-Northeastern New Jersey urban area that utilize an antenna height 
of more than 152 meters (500 feet) above average terrain. The distance 
between the location of such a base transmitter and the applicable 
protected TV station location specified in this paragraph must equal or 
exceed the sum of the distance from the base transmitter location to the 
radio horizon in the direction of the specified location and 89 
kilometers (55 miles--representing the distance from the main 
transmitter location of the TV station to its Grade B contour in the 
direction of the base transmitter). The distance to the radio horizon is 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR14DE98.026

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

    Note: All coordinates are referenced to North American Datum 1983 
(NAD83)):

------------------------------------------------------------------------
  Control transmitter frequency range     Protected TV station location
------------------------------------------------------------------------
470-476 MHz............................  Washington, DC,
                                          38[deg]57[min]17.4[sec] N.
                                          Lat. 77[deg]00[min]15.9[sec]
                                          W. Long.
476-482 MHz............................  Lancaster, PA,
                                          40[deg]15[min]45.3[sec] N.
                                          Lat. 76[deg]27[min]47.9[sec]
                                          W. Long.
------------------------------------------------------------------------

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

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



Sec. 22.659  Effective radiated power limits.

    The purpose of the rules in this section, which limit effective 
radiated power (ERP), is to reduce the likelihood that interference to 
television reception from public mobile operations on these channels 
will occur. The protected TV station locations specified in this section 
are the locations of record as of September 1974, and these do not 
change even though the TV stations may have been subsequently relocated.
    (a) Maximum ERP. The ERP of base transmitters must not exceed 100 
Watts under any circumstances. The ERP of mobile transmitters must not 
exceed 60 Watts under any circumstances.
    (b) Co-channel protection from base transmitters. The ERP of base 
transmitters in the New York-Northeastern New Jersey urban area must not 
exceed the limits in the tables referenced in paragraphs (b)(2) and 
(b)(3) of this section. The limits depend upon the height above average 
terrain of the

[[Page 166]]

base transmitter antenna and the distance between the base transmitter 
and the nearest protected TV station location in paragraph (b)(1) of 
this section.
    (1) The protected TV station locations are as follows (all 
coordinates are referenced to North American Datum 1983 (NAD83)):

------------------------------------------------------------------------
  Control transmitter frequency range     Protected TV station location
------------------------------------------------------------------------
470-476 MHz............................  Washington, DC,
                                          38[deg]57[min]17.4[sec] N.
                                          Lat. 77[deg]00[min]15.9[sec]
                                          W. Long.
476-482 MHz............................  Lancaster, PA,
                                          40[deg]15[min]45.3[sec] N.
                                          Lat. 76[deg]27[min]47.9[sec]
                                          W. Long.
------------------------------------------------------------------------

    (2) Tables E-8 and E-9 of this section apply to base transmitters in 
the New York-Northeastern New Jersey urban area that transmit on 
channels in the 476-482 MHz range.
    (3) Tables E-10 and E-11 of this section apply to base transmitters 
in the New York-Northeastern New Jersey urban area that transmit on 
channels in the 470-476 MHz range.
    (c) Adjacent channel protection from base transmitters. The ERP of 
base transmitters must not exceed the limits in Table E-12 of this 
section. The limits depend upon the height above average terrain of the 
base transmitter antenna and the distance between the base transmitter 
and the nearest protected TV station location specified in paragraph 
(c)(1) of this section.
    (1) The protected TV station locations are as follows (all 
coordinates are referenced to North American Datum 1983 (NAD83)):

------------------------------------------------------------------------
  Control transmitter frequency      Protected TV station
              range                        location           TV channel
------------------------------------------------------------------------
470-476 MHz......................  Hanover, NH,                     (15)
                                    43[deg]42[min]30.3[sec]
                                    N. Lat.
                                    72[deg]09[min]14.3[sec]
                                    W. Long.
476-482 MHz......................  Lancaster, PA,                   (15)
482-488 MHz......................   40[deg]15[min]45.3[sec]
                                    N. Lat.
                                    76[deg]27[min]47.9[sec]
                                    W. Long.
                                   Scranton, PA,                    (16)
                                    41[deg]10[min]58.3[sec]
                                    N. Lat.
                                    75[deg]52[min]19.7[sec]
                                    W. Long.
                                   Hanover, NH,                     (15)
                                    43[deg]42[min]30.3[sec]
                                    N. Lat.
                                    72[deg]09[min]14.3[sec]
                                    W. Long.
------------------------------------------------------------------------
Note: Coordinates are referenced to North American Datum 1983 (NAD83).

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

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


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

[[Page 167]]

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


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


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


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


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

[[Page 168]]



                 Subpart F_Rural Radiotelephone Service



Sec. 22.701  Scope.

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



Sec. 22.702  Eligibility.

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



Sec. 22.703  Separate rural subscriber station authorization not required.

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



Sec. 22.705  Rural radiotelephone system configuration.

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



Sec. 22.709  Rural radiotelephone service application requirements.

    In addition to information required by Subparts B and D of this 
part, FCC Form 601 applications for authorization to operate a station 
in the Rural Radiotelephone Service must contain the applicable 
supplementary information described in this section.
    (a) Interoffice stations. Applications for authority to operate a 
new interoffice station or to add transmitters or points of 
communications to an existing interoffice station must contain an 
exhibit demonstrating that the requested facilities would be used only 
for interconnecting central office stations and explaining why the use 
of alternative existing radio or wire facilities is not feasible.
    (b) Technical information required. For each transmitter in the 
Rural Radiotelephone Service, the following information is required by 
FCC Form 601:
    (1) Location description: city; county; state; geographic 
coordinates correct to 1 second, the datum used 
(NAD83), site elevation above mean sea level, proximity to adjacent 
market boundaries and international borders;
    (2) Antenna height to tip above ground level, the height of the 
center of radiation of the antenna above the average terrain, the height 
of the antenna center of radiation above the average elevation of the 
terrain along each of the 8 cardinal radials, antenna gain in the 
maximum lobe, the beamwidth of the maximum lobe of the antenna, a polar 
plot of the horizontal gain pattern of the antenna, the electric field 
polarization of the wave emitted by the antenna when installed as 
proposed;
    (c) No landline facilities. Each application for a central office 
station must contain an exhibit showing that it is impracticable to 
provide the required

[[Page 169]]

communication service by means of landline facilities.
    (d) Interference exhibit. Applications for central office, 
interoffice and relay stations must include an exhibit identifying co-
channel facilities and demonstrating, in accordance with Sec. 22.715 
that the proposed station, if authorized, would not cause interference 
to the service of those co-channel facilities. This exhibit must:
    (1) For UHF channels, identify each protected transmitter located 
within 108 kilometers (67 miles) of the proposed transmitter in 
directions in which the distance to the interfering contour is 76.4 
kilometers (47.5 miles) or less, and within 178 kilometers (111 miles) 
of the proposed transmitter in directions in which the distance to the 
interfering contour exceeds 76.4 kilometers (47.5 miles); and identify 
each protected Basic Exchange Telephone Radio System central office 
transmitter in the rural Radiotelephone Service within 231 kilometers 
(144 miles).
    (2) For VHF channels, identify each protected transmitter located 
within 135 kilometers (84 miles) of the proposed transmitter in 
directions in which the distance to the interfering contour is 93.3 
kilometers (58 miles) or less, and within 178 kilometers (111 miles) of 
the proposed transmitter in directions in which the distance to the 
interfering contour exceeds 93.3 kilometers (58 miles).
    (3) For each protected transmitter identified, show the results of 
distance calculations indicating that there would be no overlap of 
service and interfering contours, or alternatively, indicate that the 
licensee of or applicant for the protected transmitter and/or the 
applicant, as required, have agreed in writing to accept any 
interference resulting from operation of the proposed transmitter.
    (e) Blocking probability. Applications for authority to operate 
basic exchange telephone radio systems (BETRS) that request more than 
two channel pairs must include an exhibit containing calculations 
showing that the number of channels requested is the minimum necessary 
to achieve the required grade of service (in terms of blocking 
probability), and that there will be adequate spectrum available in the 
area to meet realistic estimates of current and future demand for 
paging, two-way mobile and rural radiotelephone services (see Sec. 
22.719(c)). Applications for authority to operate new conventional rural 
radiotelephone systems that request more than two channel pairs must 
include a statement explaining why BETRS technology is not being 
proposed.
    (f) Antenna Information. Upon request by an applicant, licensee, or 
the Commission, a part 22 applicant or licensee of whom the request is 
made shall furnish the antenna type, model, and the name of the antenna 
manufacturer to the requesting party within ten (10) days of receiving 
written notification.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68948, Dec. 14, 1998; 64 FR 53240, Oct. 1, 1999]

    Effective Date Notes: 1. At 63 FR 68948, Dec. 14, 1998, Sec. 22.709 
was amended in part by revising paragraph (b)(2). This section contains 
information collection and recordkeeping requirements and will not 
become effective until approval has been given by the Office of 
Management and Budget.
    2. At 64 FR 53240, Oct. 1, 1999, Sec. 22.709 was amended by adding 
paragraph (f). This paragraph contain information collection and 
recordkeeping requirements and will not become effective until approval 
has been given by the Office of Management and Budget.



Sec. 22.711  Provision of information to applicants.

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

[59 FR 59954, Nov. 21, 1994]



Sec. 22.713  Construction period for rural radiotelephone stations.

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

[[Page 170]]



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

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



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

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

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



Sec. 22.719  Additional channel policy for rural radiotelephone stations.

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

               Conventional Rural Radiotelephone Stations



Sec. 22.721  Geographic area authorizations.

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

[62 FR 11636, Mar. 12, 1997]



Sec. 22.723  Secondary site-by-site authorizations.

    Authorizations for new facilities (including new sites and 
additional channel pairs for existing sites) in the Rural Radiotelephone 
Service (including

[[Page 171]]

BETRS facilities) may be granted after May 12, 1997 only on the 
condition that such authorizations shall be secondary to any existing or 
future co-channel paging geographic area authorization in the Paging and 
Radiotelephone Service or the Rural Radiotelephone Service. If the 
paging geographic area licensee notifies the Rural Radiotelephone 
Service licensee that operation of a co-channel secondary facility must 
be discontinued because it may cause interference to existing or planned 
facilities, the Rural Radiotelephone Service licensee must discontinue 
operation of that facility on the particular channel pair involved no 
later than six months after such notice.

[62 FR 11636, Mar. 12, 1997]



Sec. 22.725  Channels for conventional rural radiotelephone stations.

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

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

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

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



Sec. 22.727  Power limits for conventional rural radiotelephone 
transmitters.

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

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

    (b) Basic power limit. Except as provided in paragraph (d) of this 
section, the ERP of central office station transmitters must not exceed 
500 Watts.
    (c) Height-power limits. Except as provided in paragraph (d) of this 
section, the ERP of central office station transmitters must not exceed 
the amount

[[Page 172]]

that would result in an average distance to the ``service contour'' of 
41.6 kilometers (26 miles) for VHF channels or 30.7 kilometers (19 
miles) for UHF channels. The average distance to the ``service contour'' 
is calculated by taking the arithmetic mean of the distances determined 
using the procedures specified in Sec. 22.567 for the eight cardinal 
radial directions, excluding cardinal radial directions for which 90% or 
more of the distance so calculated is over water.
    (d) Encompassed interfering contour areas. Central office station 
transmitters are exempt from the basic power and height-power limits of 
this section if the area within their interfering contours is totally 
encompassed by the interfering contours of operating co-channel central 
office station transmitters controlled by the same licensee. For the 
purpose of this paragraph, operating transmitters are authorized 
transmitters that are providing service to subscribers.
    (e) Adjacent channel protection. The ERP of central office station 
transmitters must not exceed 500 Watts if they transmit on channel 
454.025 MHz and are located less than 7 kilometers (4.3 miles) from any 
Private Radio Services station receiving on adjacent channel 454.000 
MHz.
    (f) Meteor burst stations. The transmitter output power for stations 
using meteor burst propagation modes must not exceed 2000 Watts for 
central office stations and 500 Watts for rural subscriber stations.



Sec. 22.729  Meteor burst propagation modes.

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



Sec. 22.731  Emission limitations.

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



Sec. 22.733  Priority of service.

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

[[Page 173]]

leased-line service, to the general public receiving or subsequently 
requesting public message service from a central office.



Sec. 22.737  Temporary fixed stations.

    The FCC may, upon proper application therefor, authorize the 
construction and operation of temporary fixed stations. Temporary fixed 
stations are to be used as rural subscriber, interoffice, or central 
office stations when those stations are unavailable or when service from 
those stations is disrupted by storms or emergencies.
    (a) Six month limitation. If it is necessary for a temporary fixed 
station to remain at the same location for more than six months, the 
licensee of that station must apply for authorization to operate the 
station at the specific location at least 30 days before the end of the 
six month period.
    (b) International communications. Communications between the United 
States and Canada or Mexico must not be carried using a temporary fixed 
station without prior authorization from the FCC. Licensees desiring to 
carry such communications should apply sufficiently in advance to allow 
for the time necessary to coordinate with Canada or Mexico.

                 Basic Exchange Telephone Radio Systems



Sec. 22.757  Channels for basic exchange telephone radio systems.

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

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

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

[59 FR 59507, Nov. 17, 1994; 60 FR 9891, Feb. 22, 1995, as amended at 67 
FR 13225, Mar. 21, 2002]



Sec. 22.759  Power limit for BETRS.

    The effective radiated power of central office and rural subscriber 
station transmitters used in basic exchange telephone radio systems must 
not exceed the limits in this section.

[[Page 174]]

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

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

    (b) Height-power limit. The ERP of central office stations in BETRS 
must not exceed the amount calculated as follows:

ERPw=557,418/hm2

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



               Subpart G_Air-Ground Radiotelephone Service



Sec. 22.801  Scope.

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



Sec. 22.803  Air-ground application requirements.

    In addition to information required by Subparts B and D of this 
part, FCC Form 601 applications for authorization to operate an air-
ground station or system in the Air-ground Radiotelephone Service must 
contain the applicable supplementary information described in this 
section.
    (a) Administrative information. The following information is 
required by FCC Form 601.
    (1) The number of transmitter sites for which authorization is 
requested.
    (2) The call sign(s) of other facilities in the same area that are 
ultimately controlled by the real party in interest to the application.
    (b) Technical information required. For each transmitter in the 
Rural Radiotelephone Service, the following information is required by 
FCC Form 601:
    (1) Location description: city; county; state; geographic 
coordinates correct to 1 second, the datum used 
(NAD83), site elevation above mean sea level, proximity to adjacent 
market boundaries and international borders;
    (2) Antenna height to tip above ground level, the height of the 
center of radiation of the antenna above the average terrain, the height 
of the antenna center of radiation above the average elevation of the 
terrain along each of the 8 cardinal radials, antenna gain in the 
maximum lobe, the beamwidth of the maximum lobe of the antenna, a polar 
plot of the horizontal gain pattern of the antenna, the electric field 
polarization of the wave emitted by the antenna when installed as 
proposed;
    (3) The center frequency of each channel requested, the maximum 
effective radiated power, any non-standard emission types to be used, 
including bandwidth and modulation type and the transmitter 
classification (e.g. ground or signaling).
    (c) Upon request by an applicant, licensee, or the Commission, a 
part 22 applicant or licensee of whom the request is made shall furnish 
the antenna type, model, and the name of the antenna manufacturer to the 
requesting party within ten (10) days of receiving written notification.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68948, Dec. 14, 1998; 64 FR 53240, Oct. 1, 1999]

    Effective Date Notes: 1. At 63 FR 68948, Dec. 14, 1998, Sec. 22.803 
was amended in part by revising paragraph (b)(2). This paragraph 
contains information collection requirements and will not become 
effective until approval has been given by the Office of Management and 
Budget.
    2. At 64 FR 53240, Oct. 1, 1999, Sec. 22.803 was amended by adding 
paragraph (c). This paragraph contains information collection 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.

[[Page 175]]

                  General Aviation Air-Ground Stations



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

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

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


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

    (a) Channel 454.675 MHz is assigned to each and every ground 
station, to be used only for automatically alerting airborne mobile 
stations of incoming calls.
    (b) All airborne mobile channels are assigned for use by each and 
every airborne mobile station.



Sec. 22.809  Transmitting power limits.

    The transmitting power of ground and airborne mobile transmitters 
operating on the channels listed in Sec. 22.805 must not exceed the 
limits in this section.
    (a) Ground station transmitters. The effective radiated power of 
ground stations must not exceed 100 Watts and must not be less than 50 
Watts, except as provided in Sec. 22.811.
    (b) Airborne mobile transmitters. The transmitter power output of 
airborne mobile transmitters must not exceed 25 Watts and must not be 
less than 4 Watts.



Sec. 22.811  Idle tone.

    Whenever a ground station transmitter authorized to transmit on any 
of the communications channels listed in Sec. 22.805 is available for 
service but is not providing service, a modulated signal must be 
continuously transmitted on the communication channel assigned to that 
transmitter. While this modulated signal is transmitted, the transmitter 
power must be between 10 and 20 dB lower than the normal transmitting 
power.



Sec. 22.813  Technical channel pair assignment criteria.

    The rules in this section establish technical assignment criteria 
for the channel pairs listed in Sec. 22.805. These criteria are 
intended to provide substantial service volumes over areas that have 
significant local and regional general aviation activity, while 
maintaining the continuous nationwide in-route coverage of the original 
geographical layout.
    (a) Distance separation for co-channel ground stations. The FCC may 
grant an application requesting assignment of a communication channel 
pair to a proposed ground transmitter only if the proposed antenna 
location is at least 800 kilometers (497 miles) from the antenna 
location of the nearest co-channel ground transmitter in the United 
States, its territories and possessions; and 1000 kilometers (621 miles) 
from the antenna location of the nearest co-channel ground transmitter 
in Canada.
    (b) Dispersion. The FCC may grant an application requesting 
assignment of a communication channel pair to a proposed ground 
transmitter only if there are no more than five different communication 
channel pairs already assigned to ground transmitters with antenna 
locations within a 320 kilometer (199 mile) radius of the proposed 
antenna location.



Sec. 22.815  Construction period for general aviation ground stations.

    The construction period (see Sec. 22.142) for general aviation 
ground stations is 12 months.



Sec. 22.817  Additional channel policies.

    The rules in this section govern the processing of applications for 
authority

[[Page 176]]

to operate a ground station transmitter on any ground station 
communication channel listed in Sec. 22.805 when the applicant has 
applied or been granted an authorization for other ground station 
communication channels in the same area. The general policy of the FCC 
is to assign one ground station communication channel in an area to a 
carrier per application cycle, up to a maximum of six ground station 
communication channels per area. That is, a carrier must apply for one 
ground station communication channel, receive the authorization, 
construct the station, and notify the FCC of commencement of service 
before applying for an additional ground station communication channel 
in that area.
    (a) Air-ground transmitters in same area. Any transmitter on any of 
the ground station channels listed in Sec. 22.805 is considered to be 
in the same area as another transmitter on any ground station channel 
listed in Sec. 22.805 if it is located less than 350 kilometers (217 
miles) from that transmitter.
    (b) Initial channel. The FCC will not assign more than one ground 
station communication channel for new ground stations. Ground stations 
are considered to be new if there are no authorized ground station 
transmitters on any channel listed in Sec. 22.805 controlled by the 
applicant in the same area.
    (c) Additional channel. Applications for ground transmitters to be 
located in the same area as an authorized ground station controlled by 
the applicant, but to operate on a different ground station 
communication channel, are considered as requesting an additional 
channel for the authorized station.
    (d) Amendment of pending application. If the FCC receives and 
accepts for filing an application for a ground station transmitter to be 
located in the same area as a ground station transmitter proposed in a 
pending application previously filed by the applicant, but on a 
different ground station communication channel, the subsequent 
application is treated as a major amendment to change the technical 
proposal of the prior application. The filing date of any application so 
amended is the date the FCC received the subsequent application.
    (e) Dismissal of premature applications for additional channel. If 
the FCC receives an application requesting an additional ground station 
communication channel for an authorized ground station prior to 
receiving notification that the station is providing service to 
subscribers on the authorized channel(s), the FCC may dismiss that 
application without prejudice.
    (f) Dismissal of applications for seventh channel. If the FCC 
receives an application requesting an additional ground station 
communication channel for an authorized ground station which would, if 
granted, result in that station being assigned more than six ground 
station communication channels in the same area, the FCC may dismiss 
that application without prejudice.



Sec. 22.819  AGRAS compatibility requirement.

    Except as provided in paragraph (a) of this section, stations 
transmitting on the channels listed in Sec. 22.805 must operate in 
compliance with the technical and operational requirements contained in 
the document, ``Technical Reference, Air-ground Radiotelephone Automated 
Service (AGRAS), System Operation and Equipment Characteristics'', dated 
April 12, 1985.
    (a) Until January 1, 1996, stations may continue to operate in 
compliance with the previous standard adopted in Docket 16073.
    (b) Copies of the document referenced in this section may be 
obtained from the FCC's copying contractor.

                 Commercial Aviation Air-Ground Systems



Sec. 22.857  Channel plan for commercial aviation air-ground systems.

    The 849-851 and 894-896 MHz frequency ranges are allocated for block 
assignment to nationwide air-ground systems providing radiotelephone 
service to passengers aboard commercial aircraft. These frequency ranges 
may also be used to provide service to persons in general aviation or 
other aircraft. Ground stations transmit on channels in the 849-851 MHz 
range. Airborne mobile stations transmit on

[[Page 177]]

channels in the 894-896 MHz range. Systems using these channels must 
conform to the channel plan described in this section.
    (a) Channel blocks. The spectrum allocated for commercial aviation 
air-ground systems is divided into ten channel blocks, numbered 1 
through 10. All ground stations in each geographical area must use the 
same channel block for communication with airborne mobile stations in 
flight, in accordance with Sec. 22.859.
    (1) Each channel block is subdivided into 6 control channels labeled 
P-1 through P-6, and 29 communications channels labeled C-1 through C-
29.
    (2) The authorized channel bandwidths are as follows:
    (i) Each control channel has a bandwidth of 3.2 kHz.
    (ii) Each communications channel has a bandwidth of 6 kHz.
    (b) The center frequencies (in MegaHertz) of the communications and 
control channels are listed in Tables G-1 and G-2 of this section.

                                                           Table G-1--Ground Station Channels
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Channel block
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                10         9          8          7          6          5          4          3          2          1
--------------------------------------------------------------------------------------------------------------------------------------------------------
C-1.......................................   849.0055   849.2055   849.4055   849.6055   849.8055   850.0055   850.2055   850.4055   850.6055   850.8055
C-2.......................................   849.0115   849.2115   849.4115   849.6115   849.8115   850.0115   850.2115   850.4115   850.6115   850.8115
C-3.......................................   849.0175   849.2175   849.4175   849.6175   849.8175   850.0175   850.2175   850.4175   850.6175   850.8175
C-4.......................................   849.0235   849.2235   849.4235   849.6235   849.8235   850.0235   850.2235   850.4235   850.6235   850.8235
C-5.......................................   849.0295   849.2295   849.4295   849.6295   849.8295   850.0295   850.2295   850.4295   850.6295   850.8295
C-6.......................................   849.0355   849.2355   849.4355   849.6355   849.8355   850.0355   850.2355   850.4355   850.6355   850.8355
C-7.......................................   849.0415   849.2415   849.4415   849.6415   849.8415   850.0415   850.2415   850.4415   850.6415   850.8415
C-8.......................................   849.0475   849.2475   849.4475   849.6475   849.8475   850.0475   850.2475   850.4475   850.6475   850.8475
C-9.......................................   849.0535   849.2535   849.4535   849.6535   849.8535   850.0535   850.2535   850.4535   850.6535   850.8535
C-10......................................   849.0595   849.2595   849.4595   849.6595   849.8595   850.0595   850.2595   850.4595   850.6595   850.8595
C-11......................................   849.0655   849.2655   849.4655   849.6655   849.8655   850.0655   850.2655   850.4655   850.6655   855.8655
C-12......................................   849.0715   849.2715   849.4715   849.6715   849.8715   850.0715   850.2715   850.4715   850.6715   850.8715
C-13......................................   849.0775   849.2775   849.4775   849.6775   849.8775   850.0775   850.2775   850.4775   850.6775   850.8775
C-14......................................   849.0835   849.2835   849.4835   849.6835   849.8835   850.0835   850.2835   850.4835   850.6835   850.8835
C-15......................................   849.0895   849.2895   849.4895   849.6895   849.8895   850.0895   850.2895   850.4895   850.6895   850.8895
C-16......................................   849.0955   849.2955   849.4955   849.6955   849.8955   850.0955   850.2955   850.4955   850.6955   850.8955
C-17......................................   849.1015   849.3015   849.5015   849.7015   849.9015   850.1015   850.3015   850.5015   850.7015   850.9015
C-18......................................   849.1075   849.3075   849.5075   849.7075   849.9075   850.1075   850.3075   850.5075   850.7075   850.9075
C-19......................................   849.1135   849.3135   849.5135   849.7135   849.9135   850.1135   850.3135   850.5135   850.7135   850.9135
C-20......................................   849.1195   849.3195   849.5195   849.7195   849.9195   850.1195   850.3195   850.5195   850.7195   850.9195
C-21......................................   849.1255   849.3255   849.5255   849.7255   849.9255   850.1255   850.3255   850.5255   850.7255   850.9255
C-22......................................   849.1315   849.3315   849.5315   849.7315   849.9315   850.1315   850.3315   850.5315   850.7315   850.9315
C-23......................................   849.1375   849.3375   849.5375   849.7375   849.9375   850.1375   850.3375   850.5375   850.7375   850.9375
C-24......................................   849.1435   849.3435   849.5435   849.7435   849.9435   850.1435   850.3435   850.5435   850.7435   850.9435
C-25......................................   849.1495   849.3495   849.5495   849.7495   849.9495   850.1495   850.3495   850.5495   850.7495   850.9495
C-26......................................   849.1555   849.3555   849.5555   849.7555   849.9555   850.1555   850.3555   850.5555   850.7555   850.9555
C-27......................................   849.1615   849.3615   849.5615   849.7615   849.9615   850.1615   850.3615   850.5615   850.7615   850.9615
C-28......................................   849.1675   849.3675   849.5675   849.7675   849.9675   850.1675   850.3675   850.5675   850.7675   850.9675
C-29......................................   849.1735   849.3735   849.5735   849.7735   849.9735   850.1735   850.3735   850.5735   850.7735   850.9735
P-6.......................................   849.1813   849.3813   849.5813   849.7813   849.9813   850.1813   850.3813   850.5813   850.7813   850.9813
P-5.......................................   849.1845   849.3845   849.5845   849.7845   849.9845   850.1845   850.3845   850.5845   850.7845   850.9845
P-4.......................................   849.1877   849.3877   849.5877   849.7877   849.9877   850.1877   850.3877   850.5877   850.7877   850.9877

[[Page 178]]

 
P-3.......................................   849.1909   849.3909   849.5909   849.7909   849.9909   850.1909   850.3909   850.5909   850.7909   850.9909
P-2.......................................   849.1941   849.3941   849.5941   849.7941   849.9941   850.1941   850.3941   850.5941   850.7941   850.9941
P-1.......................................   849.1973   849.3973   849.5973   849.7973   849.9973   850.1973   850.3973   850.5973   850.7973   850.9973
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                       Table G-2--Airborne Mobile Station Channels
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Channel block
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                10         9          8          7          6          5          4          3          2          1
--------------------------------------------------------------------------------------------------------------------------------------------------------
C-1.......................................   894.0055   894.2055   894.4055   894.6055   894.8055   895.0055   895.2055   895.4055   895.6055   895.8055
C-2.......................................   894.0115   894.2115   894.4115   894.6115   894.8115   895.0115   895.2115   895.4115   895.6115   895.8115
C-3.......................................   894.0175   894.2175   894.4175   894.6175   894.8175   895.0175   895.2175   895.4175   895.6175   895.8175
C-4.......................................   894.0235   894.2235   894.4235   894.6235   894.8235   895.0235   895.2235   895.4235   895.6235   895.8235
C-5.......................................   894.0295   894.2295   894.4295   894.6295   894.8295   895.0295   895.2295   895.4295   895.6295   895.8295
C-6.......................................   894.0355   894.2355   894.4355   894.6355   894.8355   895.0355   895.2355   895.4355   895.6355   895.8355
C-7.......................................   894.0415   894.2415   894.4415   894.6415   894.8415   895.0415   895.2415   895.4415   895.6415   895.8415
C-8.......................................   894.0475   894.2475   894.4475   894.6475   894.8475   895.0475   895.2475   895.4475   895.6475   895.8475
C-9.......................................   894.0535   894.2535   894.4535   894.6535   894.8535   895.0535   895.2535   895.4535   895.6535   895.8535
C-10......................................   894.0595   894.2595   894.4595   894.6595   894.8595   895.0595   895.2595   895.4595   895.6595   895.8595
C-11......................................   894.0655   894.2655   894.4655   894.6655   894.8655   895.0655   895.2655   895.4655   895.6655   895.8655
C-12......................................   894.0715   894.2715   894.4715   894.6715   894.8715   895.0715   895.2715   895.4715   895.6715   895.8715
C-13......................................   894.0775   894.2775   894.4775   894.6775   894.8775   895.0775   895.2775   895.4775   895.6775   895.8775
C-14......................................   894.0835   894.2835   894.4835   894.6835   894.8835   895.0835   895.2835   895.4835   895.6835   895.8835
C-15......................................   894.0895   894.2895   894.4895   894.6895   894.8895   895.0895   895.2895   895.4895   895.6895   895.8895
C-16......................................   894.0955   894.2955   894.4955   894.6955   894.8955   895.0955   895.2955   895.4955   895.6955   895.8955
C-17......................................   894.1015   894.3015   894.5015   894.7015   894.9015   895.1015   895.3015   895.5015   895.7015   895.9015
C-18......................................   894.1075   894.3075   894.5075   894.7075   894.9075   895.1075   895.3075   895.5075   895.7075   895.9075
C-19......................................   894.1135   894.3135   894.5135   894.7135   894.9135   895.1135   895.3135   895.5135   895.7135   895.9135
C-20......................................   894.1195   894.3195   894.5195   894.7195   894.9195   895.1195   895.3195   895.5195   895.7195   895.9195
C-21......................................   894.1255   894.3255   894.5255   894.7255   894.9255   895.1255   895.3255   895.5255   895.7255   895.9255
C-22......................................   894.1315   894.3315   894.5315   894.7315   894.9315   895.1315   895.3315   895.5315   895.7315   895.9315
C-23......................................   894.1375   894.3375   894.5375   894.7375   894.9375   895.1375   895.3375   895.5375   895.7375   895.9375
C-24......................................   894.1435   894.3435   894.5435   894.7435   894.9435   895.1435   895.3435   895.5435   895.7435   895.9435
C-25......................................   894.1495   894.3495   894.5495   894.7495   894.9495   895.1495   895.3495   895.5495   895.7495   895.9495
C-26......................................   894.1555   894.3555   894.5555   894.7555   894.9555   895.1555   895.3555   895.5555   895.7555   895.9555
C-27......................................   894.1615   894.3615   894.5615   894.7615   894.9615   895.1615   895.3615   895.5615   895.7615   895.9615
C-28......................................   894.1675   894.3675   894.5675   894.7675   894.9675   895.1675   895.3675   895.5675   895.7675   895.9675
C-29......................................   894.1735   894.3735   894.5735   894.7735   894.9735   895.1735   895.3735   895.5735   895.7735   895.9735
P-6.......................................   894.1813   894.3813   894.5813   894.7813   894.9813   895.1813   895.3813   895.5813   895.7813   895.9813
P-5.......................................   894.1845   894.3845   894.5845   894.7845   894.9845   895.1845   895.3845   895.5845   895.7845   895.9845
P-4.......................................   894.1877   894.3877   894.5877   894.7877   894.9877   895.1877   895.3877   895.5877   895.7877   895.9877
P-3.......................................   894.1909   894.3909   894.5909   894.7909   894.9909   895.1909   895.3909   895.5909   895.7909   895.9909
P-2.......................................   894.1941   894.3941   894.5941   894.7941   894.9941   895.1941   895.3941   895.5941   895.7941   895.9941
P-1.......................................   894.1973   894.3973   894.5973   894.7973   894.9973   895.1973   895.3973   895.5973   895.7973   895.9973
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 179]]



Sec. 22.859  Geographical channel block layout.

    Except as provided in paragraphs (a) and (b) of this section, each 
ground station location must be within 1.6 kilometers (one mile) of one 
of the locations listed in this paragraph. The channel block allotted 
for each location must be used to provide service to airborne mobile 
stations in flight and may be used to provide service to airborne mobile 
stations on the ground.

    Note: All geographic coordinates are referenced to North American 
Datum 1983 (NAD83).

------------------------------------------------------------------------
                                                                 Channel
              Location                N. latitude  W. longitude   block
------------------------------------------------------------------------
ALASKA:
    Anchorage......................  61[deg]11[mi  149[deg]54[m       8
                                        n]04[sec]    in]50[sec]
    Cordova........................  60[deg]29[mi  145[deg]28[m       5
                                        n]38[sec]    in]17[sec]
    Ketchikan......................  55[deg]21[mi  131[deg]42[m       5
                                        n]10[sec]    in]20[sec]
    Juneau.........................  58[deg]21[mi  134[deg]34[m       4
                                        n]17[sec]    in]36[sec]
    Sitka..........................  57[deg]03[mi  135[deg]20[m       7
                                        n]03[sec]    in]23[sec]
    Yakutat........................  59[deg]32[mi  139[deg]44[m       2
                                        n]22[sec]    in]10[sec]
ALABAMA:
    Birmingham.....................  33[deg]23[mi  86[deg]39[mi       2
                                        n]24[sec]     n]59[sec]
ARIZONA:
    Phoenix........................  33[deg]35[mi  112[deg]05[m       4
                                        n]39[sec]    in]15[sec]
    Winslow........................  35[deg]01[mi  110[deg]43[m       6
                                        n]17[sec]    in]04[sec]
ARKANSAS:
    Pine Bluff.....................  34[deg]10[mi  91[deg]56[mi       8
                                        n]56[sec]     n]18[sec]
CALIFORNIA:
    Burbank........................  34[deg]11[mi  118[deg]21[m       4
                                        n]44[sec]    in]31[sec]
    Blythe.........................  33[deg]36[mi  114[deg]42[m      10
                                        n]39[sec]    in]27[sec]
    Los Angeles....................  33[deg]56[mi  118[deg]23[m       3
                                        n]45[sec]    in]06[sec]
    Oakland........................  37[deg]51[mi  122[deg]13[m       1
                                        n]54[sec]    in]15[sec]
    Red Bluff......................  40[deg]04[mi  122[deg]10[m       8
                                        n]34[sec]    in]38[sec]
    San Francisco..................  37[deg]41[mi  122[deg]26[m       6
                                        n]15[sec]    in]05[sec]
    San Jose.......................  37[deg]20[mi  121[deg]54[m       5
                                        n]56[sec]    in]01[sec]
    Visalia........................  36[deg]19[mi  119[deg]23[m       7
                                        n]36[sec]    in]25[sec]
COLORADO:
    Colorado Springs...............  38[deg]44[mi  104[deg]51[m       8
                                        n]39[sec]    in]48[sec]
    Bennet.........................  39[deg]51[mi  104[deg]35[m       1
                                        n]24[sec]    in]53[sec]
    Hayden.........................  40[deg]29[mi  107[deg]13[m       6
                                        n]04[sec]    in]10[sec]
FLORIDA:
    Miami..........................  25[deg]48[mi  80[deg]16[mi       4
                                        n]28[sec]     n]29[sec]
    Orlando........................  28[deg]26[mi  81[deg]21[mi       2
                                        n]54[sec]     n]59[sec]
    Tallahassee....................  30[deg]24[mi  84[deg]21[mi       7
                                        n]03[sec]     n]18[sec]
GEORGIA:
    Atlanta........................  33[deg]39[mi  84[deg]25[mi       5
                                        n]05[sec]     n]54[sec]
    St Simons Island...............  31[deg]09[mi  81[deg]23[mi       6
                                        n]23[sec]     n]13[sec]
HAWAII:
    Mauna Kapu.....................  21[deg]24[mi  158[deg]05[m       5
                                        n]13[sec]    in]52[sec]
IDAHO:
    Blackfoot......................  43[deg]11[mi  112[deg]21[m       8
                                        n]34[sec]    in]00[sec]
    Caldwell.......................  43[deg]38[mi  116[deg]38[m      10
                                        n]45[sec]    in]47[sec]
ILLINOIS:
    Chicago........................  41[deg]46[mi  87[deg]45[mi       3
                                        n]49[sec]     n]20[sec]
    Kewanee........................  41[deg]12[mi  89[deg]57[mi       5
                                        n]05[sec]     n]33[sec]
    Schiller Park..................  41[deg]57[mi  87[deg]52[mi       2
                                        n]18[sec]     n]57[sec]
INDIANA:
    Fort Wayne.....................  40[deg]59[mi  85[deg]11[mi       7
                                        n]16[sec]     n]31[sec]
IOWA:
    Des Moines.....................  41[deg]31[mi  93[deg]38[mi       1
                                        n]58[sec]     n]55[sec]
KANSAS:
    Garden City....................  37[deg]59[mi  100[deg]54[m       3
                                        n]35[sec]    in]06[sec]
    Wichita........................  37[deg]37[mi  97[deg]27[mi       7
                                        n]24[sec]     n]16[sec]
KENTUCKY:
    Fairdale.......................  38[deg]04[mi  85[deg]47[mi       6
                                        n]48[sec]     n]33[sec]
LOUISIANA:
    Kenner.........................  30[deg]00[mi  90[deg]13[mi       3
                                        n]28[sec]     n]49[sec]
    Shreveport.....................  32[deg]27[mi  93[deg]49[mi       5
                                        n]10[sec]     n]39[sec]
MASSACHUSETTS:
    Boston.........................  42[deg]23[mi  71[deg]01[mi       7
                                        n]15[sec]     n]01[sec]
MICHIGAN:
    Bellville......................  42[deg]12[mi  83[deg]29[mi       8
                                        n]17[sec]     n]09[sec]
    Flint..........................  42[deg]58[mi  83[deg]44[mi       9
                                        n]21[sec]     n]22[sec]
    Sault Saint Marie..............  46[deg]28[mi  84[deg]21[mi       6
                                        n]45[sec]     n]31[sec]
MINNESOTA:
    Bloomington....................  44[deg]51[mi  93[deg]13[mi       9
                                        n]30[sec]     n]20[sec]
MISSISSIPPI:
    Meridian.......................  32[deg]19[mi  88[deg]41[mi       9
                                        n]11[sec]     n]33[sec]
MISSOURI:
    Kansas City....................  39[deg]18[mi  94[deg]41[mi       6
                                        n]13[sec]     n]05[sec]
    St. Louis......................  38[deg]42[mi  90[deg]19[mi       4
                                        n]45[sec]     n]19[sec]
    Springfield....................  37[deg]14[mi  93[deg]22[mi       9
                                        n]28[sec]     n]55[sec]
MONTANA:
    Lewistown......................  47[deg]02[mi  109[deg]27[m       5
                                        n]56[sec]    in]30[sec]
    Miles City.....................  46[deg]25[mi  105[deg]52[m       8
                                        n]30[sec]    in]32[sec]
    Missoula.......................  47[deg]01[mi  114[deg]00[m       3
                                        n]05[sec]    in]44[sec]
NEBRASKA:
    Grand Island...................  40[deg]58[mi  98[deg]19[mi       2
                                        n]00[sec]     n]12[sec]
    Ogallala.......................  41[deg]07[mi  101[deg]45[m       4
                                        n]11[sec]    in]39[sec]
NEVADA:
    Las Vegas......................  36[deg]05[mi  115[deg]10[m       1
                                        n]35[sec]    in]28[sec]
    Reno...........................  39[deg]35[mi  119[deg]55[m       4
                                        n]13[sec]    in]56[sec]
    Tonopah........................  38[deg]03[mi  117[deg]13[m       9
                                        n]43[sec]    in]27[sec]
    Winnemucca.....................  41[deg]00[mi  117[deg]46[m       3
                                        n]39[sec]    in]01[sec]
NEW MEXICO:
    Alamogordo.....................  32[deg]54[mi  105[deg]56[m       8
                                        n]46[sec]    in]43[sec]
    Albuquerque....................  35[deg]03[mi  106[deg]37[m      10
                                        n]05[sec]    in]15[sec]
    Aztec..........................  36[deg]48[mi  107[deg]53[m       9
                                        n]42[sec]    in]50[sec]
    Clayton........................  36[deg]27[mi  103[deg]11[m       5
                                        n]29[sec]    in]18[sec]
NEW JERSEY:
    Woodbury.......................  39[deg]50[mi  75[deg]09[mi       3
                                        n]01[sec]     n]20[sec]
NEW YORK:
    E. Elmhurst....................  40[deg]46[mi  73[deg]52[mi       1
                                        n]21[sec]     n]40[sec]
    Schuyler.......................  43[deg]09[mi  75[deg]07[mi       2
                                        n]09[sec]     n]49[sec]
    Staten Island..................  40[deg]36[mi  74[deg]06[mi       9
                                        n]05[sec]     n]34[sec]
NORTH CAROLINA:
    Greensboro.....................  36[deg]05[mi  79[deg]56[mi       9
                                        n]54[sec]     n]41[sec]
    Wilmington.....................  34[deg]16[mi  77[deg]54[mi       3
                                        n]11[sec]     n]23[sec]
NORTH DAKOTA:
    Dickinson......................  46[deg]51[mi  102[deg]47[m       7
                                        n]05[sec]    in]37[sec]
OHIO:
    Pataskala......................  40[deg]04[mi  82[deg]42[mi       1
                                        n]05[sec]     n]00[sec]
OKLAHOMA:
    Warner.........................  35[deg]29[mi  95[deg]18[mi       4
                                        n]31[sec]     n]26[sec]
    Woodward.......................  36[deg]24[mi  99[deg]28[mi       9
                                        n]42[sec]     n]51[sec]
OREGON:
    Albany.........................  44[deg]38[mi  123[deg]03[m       5
                                        n]23[sec]    in]40[sec]
    Klamath Falls..................  42[deg]06[mi  121[deg]38[m       2
                                        n]30[sec]    in]04[sec]
    Pendleton......................  45[deg]35[mi  118[deg]31[m       7
                                        n]44[sec]    in]06[sec]
PENNSYLVANIA:
    Coraopolis.....................  40[deg]30[mi  80[deg]13[mi       4
                                        n]33[sec]     n]26[sec]
    New Cumberland.................  40[deg]11[mi  76[deg]52[mi       8
                                        n]30[sec]     n]01[sec]
SOUTH CAROLINA:
    Charleston.....................  32[deg]54[mi  80[deg]01[mi       4
                                        n]11[sec]     n]19[sec]
SOUTH DAKOTA:
    Aberdeen.......................  45[deg]27[mi  98[deg]25[mi       6
                                        n]21[sec]     n]27[sec]
    Rapid City.....................  44[deg]02[mi  103[deg]03[m       5
                                        n]36[sec]    in]38[sec]
TENNESSEE:
    Elizabethton...................  36[deg]26[mi  82[deg]08[mi       7
                                        n]04[sec]     n]05[sec]
    Memphis........................  35[deg]01[mi  89[deg]56[mi      10
                                        n]44[sec]     n]15[sec]
    Nashville......................  36[deg]08[mi  86[deg]41[mi       3
                                        n]07[sec]     n]39[sec]
TEXAS:
    Bedford........................  32[deg][min]  97[deg]07[mi       1
                                          45[sec]     n]20[sec]

[[Page 180]]

 
    Houston........................  29[deg]54[mi  95[deg]24[mi       2
                                        n]38[sec]     n]40[sec]
    Lubbock........................  33[deg]37[mi  101[deg]52[m       7
                                        n]06[sec]    in]16[sec]
    Monahans.......................  31[deg]34[mi  102[deg]54[m       6
                                        n]58[sec]    in]20[sec]
UTAH:
    Abajo Peak.....................  37[deg]50[mi  109[deg]27[m       7
                                        n]21[sec]    in]44[sec]
    Delta..........................  39[deg]23[se  112[deg]30[m       2
                                        c]15[min]    in]47[sec]
    Escalante......................  37[deg]45[mi  111[deg]52[m       5
                                        n]19[sec]    in]30[sec]
    Green River....................  38[deg]57[mi  110[deg]13[m       3
                                        n]54[sec]    in]43[sec]
    Salt Lake City.................  40[deg]39[mi  112[deg]12[m       1
                                        n]11[sec]    in]09[sec]
VIRGINIA:
    Arlington......................  38[deg]52[mi  77[deg]06[mi       6
                                        n]55[sec]     n]17[sec]
WASHINGTON:
    Seattle........................  47[deg]26[mi  122[deg]17[m       4
                                        n]07[sec]    in]39[sec]
    Cheney.........................  47[deg]33[mi  117[deg]43[m       1
                                        n]14[sec]    in]39[sec]
WEST VIRGINIA:
    Charleston.....................  38[deg]19[mi  81[deg]39[mi       2
                                        n]47[sec]     n]35[sec]
WISCONSIN:
    Stevens Point..................  44[deg]33[mi  89[deg]25[mi       8
                                        n]06[sec]     n]27[sec]
WYOMING:
    Riverton.......................  43[deg]03[mi  108[deg]27[m       9
                                        n]37[sec]    in]25[sec]
------------------------------------------------------------------------

    (a) Carriers authorized to construct and operate air-ground 
radiotelephone systems on the channels listed in Sec. 22.857 may also 
construct and operate low power ground stations designed to provide 
service to airborne mobile stations on the ground, provided that no 
interference is caused to service provided by ground stations located in 
accordance with the geographical channel block layout or with paragraph 
(b) of this section. The antenna location of each such low power ground 
station may be anywhere that is at least 483 kilometers (300 miles) from 
all antenna locations of ground stations using the same channel block(s) 
in accordance with the geographical channel block layout or with 
paragraph (b) of this section.
    (b) Ground station locations may be more than 1.61 kilometers (one 
mile) from all of the locations listed in this section, provided that 
they are at least 885 kilometers (550 miles) from all antenna locations 
of ground stations using the same channel block(s) in accordance with 
the geographical channel block layout or with this paragraph.

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68948, Dec. 14, 1998; 
65 FR 49203, Aug. 11, 2000]



Sec. 22.861  Emission limitations.

    Any appropriate emission type may be used to provide air-ground 
radiotelephone service on the channels listed in Sec. 22.857, provided 
that the emission limitations of this section are met.
    (a) Emission mask. The emission mask described in this paragraph 
applies instead of those in Sec. 22.359. The power of any emission in 
each of the adjacent channels must be at least 30 dB below the power of 
the total emission. The power of any emission in any of the channels 
other than the one being used and the adjacent channels must be at least 
50 dB below the power of the total emission.
    (b) Airborne mobile transmitters. The power of any emission in each 
of the adjacent channels must not exceed -130 dBm at any ground station 
receiver, assuming a 0 dBi receive antenna. The power of any emission in 
any of the channels other than the one being used and the adjacent 
channels must not exceed -148 dBm at any ground station receiver, 
assuming a 0 dBi receive antenna.
    (c) Ground station transmitters. The effective radiated power (ERP) 
of any emission outside of the frequency ranges set forth in Sec. 
22.857 must not exceed -10 dBm. The ERP of any emission in each of the 
adjacent channels must not exceed +10 dBm. The ERP of any emission in 
any of the channels other than the one being used and the adjacent 
channels must not exceed -5 dBm.
    (d) If an emission on any frequency outside of the authorized 
bandwidth causes harmful interference, the FCC may require greater 
attenuation of that emission than required in paragraph (a) of this 
section.



Sec. 22.863  Transmitter frequency tolerance.

    Ground station transmitter frequencies must be maintained within 0.1 
parts per million (ppm) of the channel reference or center frequencies. 
Doppler shift correction must be used to ensure that the frequencies of 
the signals of airborne mobile stations received at ground stations 
remain within 0.2 ppm of the channel reference or center frequencies.

[[Page 181]]



Sec. 22.865  Automatic channel selection procedures.

    Operation of stations using the channels listed in Sec. 22.857 must 
be in accordance with the procedures in this section.
    (a) A communications channel is not available for use by a ground 
station if it is already in use by another ground station at the same 
location. Ground station equipment must automatically determine whether 
channels are in use by other ground stations at the same location, and 
may employ radio frequency signal monitoring to do so. For example, a 
communications channel may be determined to be in use if the received 
signal power on that channel at the ground station exceeds -115 dBm, 
which, assuming a 0 dB gain 895 MHz receive antenna, corresponds to a 
field strength of approximately 19 dB[mu]V/m. Ground stations may employ 
an alternative method of determining whether a communications channel is 
in use provided that such procedure is at least as reliable as radio 
frequency signal monitoring.
    (b) Data indicating which communications channels are available for 
use are transmitted by ground stations on the assigned control channels.
    (c) A call is originated when an airborne mobile station selects a 
communications channel based on the received data from ground stations 
and other factors, and transmits an identification code (which 
identifies the specific ground station from which service is requested) 
on the selected communications channel. The ground station from which 
service has been requested may then obtain any necessary billing 
information and complete the call.
    (d) A ground station may not transmit on a communications channel 
unless it has received the proper identification code. After a ground 
station has begun to transmit on a communications channel, that channel 
is not available to ground stations other than the one from which 
service has been requested until the call is terminated.
    (e) A call is terminated by the ground station when either a hang-up 
signal is transmitted by the airborne mobile station, or the signal from 
the airborne mobile station on the communications channel is lost for a 
period of 15 continuous seconds. The hang-up signal is the on-off keying 
(50% duty cycle) of an unmodulated carrier over a period of one second 
with pulse duration of 5 milliseconds. However, if all carriers 
authorized to operate air-ground systems using the channels listed in 
Sec. 22.857 agree that an alternative hang-up signal and/or procedure 
would be more efficient or beneficial, such alternative hang-up signal 
and/or procedure may be used. The carriers must jointly give prior 
notification to the FCC if an alternative hang-up signal and/or 
procedure is used.



Sec. 22.867  Effective radiated power limits.

    The effective radiated power (ERP) of ground and airborne stations 
operating on the channels listed in Sec. 22.857 must not exceed the 
limits in this section.
    (a) The ERP of airborne mobile station transmitters must not exceed 
30 Watts.
    (b) The ERP of ground station transmitters must not exceed 100 
Watts.
    (c) The ERP of low power ground station transmitters operating 
pursuant to paragraph (a) of Sec. 22.859 must not exceed 1 Watt.



Sec. 22.869  Assignment of control channels.

    The FCC selects and assigns exclusively one control channel to each 
commercial aviation air-ground licensee.



Sec. 22.871  Control channel transition period.

    The rules in this section provide for a period of transition during 
which the experimental air-ground system operating on the channels 
listed in Sec. 22.857 will be discontinued and replaced by a system 
operating in full compliance with the rules in this subpart. The 
experimental system may continue to exclusively use a 3.2 kHz control 
channel contained within the bandwidth of communications channel C-2 of 
each channel block until September 9, 1996. After that date 
communications channel C-2 will be available for use by all carriers 
authorized to operate an air-ground system on the channels listed in 
Sec. 22.857.

[[Page 182]]



Sec. 22.873  Construction period for commercial aviation air-ground 
systems.

    Construction of a new commercial aviation air-ground system is 
considered to be completed for the purpose of this section and Sec. 
22.142 when the number of ground stations specified in this section are 
constructed and operational.
    (a) Stage I. At least 25 ground stations must be constructed and 
operational within 3 years. Licensees must notify the Commission by 
using FCC Form 601 as soon as this requirement is met.
    (b) Stage II. At least 50 ground stations must be constructed and 
operational within 5 years. Nationwide service to subscribers must 
commence within 5 years. Licensees must notify the Commission by using 
FCC Form 601 as soon as this requirement is met.

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68950, Dec. 14, 1998]



Sec. 22.875  Commercial aviation air-ground system application requirements.

    Existing and prospective common carriers may file applications for 
authority to construct and operate a new nationwide air-ground system on 
the channels listed in Sec. 22.857 only during window filing periods 
that may be announced by the FCC in Public Notices. In addition to the 
requirements elsewhere in this part, such applications must contain the 
following exhibits:
    (a) Written agreement. A signed agreement between the applicant and 
at least one airline or airline organization, authorizing the applicant 
to provide air-ground service on its aircraft.
    (b) Financial qualifications. At the time of filing its application 
an applicant must demonstrate that it has either a firm financial 
commitment or available financial resources necessary to construct 50 
ground stations and operate for one year after initiation of nationwide 
air-ground service its proposed air-ground system.
    (1) The demonstration of commitment must include and be sufficient 
to cover the realistic and prudent estimated costs of construction of 50 
ground stations, operation and other initial expenses for one year after 
initiation of nationwide air-ground service. The estimated costs, 
operation costs and other initial expenses must be itemized. The 
estimated costs must include the anticipated costs of construction of 
each ground station.
    (2) The firm financial commitment required above must be obtained 
from a state or federally chartered bank or savings and loan 
association, or the financial affiliate or subsidiary of an equipment 
supplier, and must contain a statement that the lender:
    (i) Has examined the financial condition of the applicant including 
audited financial statements, and has determined that the applicant is 
credit worthy;
    (ii) That the lender is committed to providing a sum certain to the 
particular applicant;
    (iii) That the lender's willingness to enter into the commitment is 
based solely on its relationship with the applicant; and
    (iv) That the commitment is not in any way guaranteed by any entity 
other than the applicant.
    (3) Applicants intending to rely on personal or internal resources 
must submit:
    (i) Audited financial statements certified within one year of the 
date of the application, indicating the availability of sufficient net 
liquid assets to construct and operate the proposed air-ground system 
for one year.
    (A) The auditors must be certified public accountants.
    (B) Net liquid assets is considered to be the excess of current 
assets (readily converted to cash) over current liabilities. In order to 
demonstrate ready convertibility into cash, the identity, liquidity and 
value of listed assets must be demonstrated. Non-liquid assets can be 
relied on if the marketability of those assets is documented.
    (ii) An audited balance sheet, current within 60 days of filing, 
which clearly shows the continued availability of sufficient net liquid 
assets to construct and operate the proposed air-ground system for one 
year after nationwide service begins.
    (c) Service Plan. A service plan containing:

[[Page 183]]

    (1) A map or other description of the planned geographic coverage 
area, including air space over the continental United States, Alaska, 
Hawaii and other United States territories.
    (2) A schedule for construction of 50 ground stations and provision 
of nationwide service to subscribers within 5 years from the grant of 
the initial authorization.
    (3) A description of how the system will interconnect with the 
landline telephone network and be integrated with other air-ground 
systems, including a statement as to whether the system will be 
interconnected with international air-ground systems.
    (d) Technical Exhibit. A technical description of the proposed 
system demonstrating compliance with all applicable technical 
requirements and describing how the proposed system would operate, if 
authorized. This exhibit must provide the following information:
    (1) The number of ground stations to be used, their locations, and 
the type and quantity of equipment proposed for the system;
    (2) A complete description of the procedures and data protocols to 
be used on the control channel;
    (3) The modulation types to be used and their spectral 
characteristics;
    (4) The effective radiated power and transmitter peak envelope power 
for all transmitters at each ground station location, and the effective 
radiated power of the airborne mobile stations;
    (5) Antenna information as follows:
    (i) For airborne mobile stations, the antenna type(s) to be used;
    (ii) For ground stations, vertical and horizontal radiation 
patterns, antenna heights above ground level, antenna support structure 
heights above ground level, ground elevation above mean sea level and 
any relevant information (e.g. FAA approval) that may be helpful in 
determining whether ground station antennas require marking and 
lighting;
    (6) Analytical data, including calculations, of potential 
interference within and without the spectrum for the air-ground system;

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68951, Dec. 14, 1998]

    Effective Date Note: At 63 FR 68904, Dec. 14, 1998, Sec. 22.875 was 
amended by removing paragraph (d)(5). This paragraph contains modified 
information collection requirements and will not become effective until 
approved by the Office of Management and Budget.



                Subpart H_Cellular Radiotelephone Service



Sec. 22.900  Scope.

    The rules in this subpart govern the licensing and operation of 
cellular radiotelephone systems. Licensing and operation of these 
systems are also subject to rules elsewhere in this part that apply 
generally to the Public Mobile Services. In case of conflict, however, 
the rules in this subpart govern.



Sec. 22.901  Cellular service requirements and limitations.

    The licensee of each cellular system is responsible for ensuring 
that its cellular system operates in compliance with this section.
    (a) Each cellular system must provide either mobile service, fixed 
service, or a combination of mobile and fixed service, subject to the 
requirements, limitations and exceptions in this section. Mobile service 
provided may be of any type, including two way radiotelephone, dispatch, 
one way or two way paging, and personal communications services (as 
defined in part 24 of this chapter). Fixed service is considered to be 
primary service, as is mobile service. When both mobile and fixed 
service are provided, they are considered to be co primary services. In 
providing cellular services, each cellular system may incorporate any 
technology that meets all applicable technical requirements in this 
part.
    (b) Until February 18, 2008, each cellular system that provides two-
way cellular mobile radiotelephone service must--
    (1) Maintain the capability to provide compatible analog service 
(``AMPS'') to cellular telephones designed in conformance with the 
specifications contained in sections 1 and 2 of the standard document 
ANSI TIA/EIA-553-A-1999 Mobile Station--Base Station Compatibility 
Standard (approved October 14, 1999); or, the corresponding portions,

[[Page 184]]

applicable to mobile stations, of whichever of the predecessor standard 
documents was in effect at the time of the manufacture of the telephone. 
This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies of the standard may be purchased from Global Engineering 
Documents, 15 Inverness Way East, Englewood, CO 80112-5704 (or via the 
internet at http://global.ihs.com). Copies are available for inspection 
at the Federal Communications Commission, 445 12th Street, SW, 
Washington, DC 20554, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
    (2) Provide AMPS, upon request, to subscribers and roamers using 
such cellular telephones while such subscribers are located in any 
portion of the cellular system's CGSA where facilities have been 
constructed and service to subscribers has commenced. See also Sec. 
20.12 of this chapter. Cellular licensees must allot sufficient system 
resources such that the quality of AMPS provided, in terms of geographic 
coverage and traffic capacity, is fully adequate to satisfy the 
concurrent need for AMPS availability.

[67 FR 77191, Dec. 17, 2002, as amended at 69 FR 18803, Apr. 9, 2004]



Sec. 22.905  Channels for cellular service.

    The following frequency bands are allocated for assignment to 
service providers in the Cellular Radiotelephone Service.
    (a) Channel Block A: 869--880 MHz paired with 824--835 MHz, and 
890--891.5 MHz paired with 845--846.5 MHz.
    (b) Channel Block B: 880--890 MHz paired with 835--845 MHz, and 
891.5--894 MHz paired with 846.5--849 MHz.

[67 FR 77191, Dec. 17, 2002]



Sec. 22.907  Coordination of channel usage.

    Licensees in the Cellular Radiotelephone Service must coordinate, 
with the appropriate parties, channel usage at each transmitter location 
within 121 kilometers (75 miles) of any transmitter locations authorized 
to other licensees or proposed by tentative selectees or other 
applicants, except those with mutually exclusive applications.
    (a) Licensees must cooperate and make reasonable efforts to resolve 
technical problems that may inhibit effective and efficient use of the 
cellular radio spectrum; however, licensees are not obligated to suggest 
extensive changes to or redesign other licensees' cellular systems. 
Licensees must make reasonable efforts to avoid blocking the growth of 
other cellular systems that are likely to need additional capacity in 
the future.
    (b) If technical problems are addressed by an agreement or operating 
agreement between the licensees that would result in a reduction of 
quality or capacity of either system, the licensees must notify the 
Commission by updating FCC Form 601.

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68951, Dec. 14, 1998]



Sec. 22.909  Cellular markets.

    Cellular markets are standard geographic areas used by the FCC for 
administrative convenience in the licensing of cellular systems. 
Cellular markets comprise Metropolitan Statistical Areas (MSAs) and 
Rural Service Areas (RSAs). All cellular markets and the counties they 
comprise are listed in Public Notice Report No. CL-92-40 ``Common 
Carrier Public Mobile Services Information, Cellular MSA/RSA Markets and 
Counties'', dated January 24, 1992, DA 92-109, 7 FCC Rcd 742 (1992).
    (a) MSAs. Metropolitan Statistical Areas are 306 areas, including 
New England County Metropolitan Areas and the Gulf of Mexico Service 
Area (water area of the Gulf of Mexico, border is the coastline), 
defined by the Office of Management and Budget, as modified by the FCC.
    (b) RSAs. Rural Service Areas are 428 areas, other than MSAs, 
established by the FCC.



Sec. 22.911  Cellular geographic service area.

    The Cellular Geographic Service Area (CGSA) of a cellular system is 
the

[[Page 185]]

geographic area considered by the FCC to be served by the cellular 
system. The CGSA is the area within which cellular systems are entitled 
to protection and within which adverse effects for the purpose of 
determining whether a petitioner has standing are recognized.
    (a) CGSA determination. The CGSA is the composite of the service 
areas of all of the cells in the system, excluding any area outside the 
cellular market boundary, except as provided in paragraph (c) of this 
section, and excluding any area within the CGSA of another cellular 
system. The service area of a cell is the area within its service area 
boundary (SAB). The distance to the SAB is calculated as a function of 
effective radiated power (ERP) and antenna center of radiation height 
above average terrain (HAAT), height above sea level (HASL) or height 
above mean sea level (HAMSL).
    (1) Except as provided in paragraphs (a)(2) and (b) of this section, 
the distance from a cell transmitting antenna to its SAB along each 
cardinal radial is calculated as follows:

d=2.531xh0.34 xp0.17

where:

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

    (2) The distance from a cell transmitting antenna located in the 
Gulf of Mexico Service Area (GMSA) to its SAB along each cardinal radial 
is calculated as follows:


d = 6.895 x h0.30 x p0.15

Where:

d is the radial distance in kilometers
h is the radial antenna HAAT in meters
p is the radial ERP in Watts
    (3) The value used for h in the formula in paragraph (a)(2) of this 
section must not be less than 8 meters (26 feet) HASL (or HAMSL, as 
appropriate for the support structure). The value used for h in the 
formula in paragraph (a)(1) of this section must not be less than 30 
meters (98 feet) HAAT, except that for unserved area applications 
proposing a cell with an ERP not exceeding 10 Watts, the value for h 
used in the formula in paragraph (a)(1) of this section to determine the 
service area boundary for that cell may be less than 30 meters (98 feet) 
HAAT, but not less than 3 meters (10 feet) HAAT.
    (4) The value used for p in the formulas in paragraphs (a)(1) and 
(a)(2) of this section must not be less than 0.1 Watt or 27 dB less than 
(1/500 of) the maximum ERP in any direction, whichever is more.
    (5) Whenever use of the formula in paragraph (a)(1) of this section 
pursuant to the exception contained in paragraph (a)(3) of this section 
results in a calculated distance that is less than 5.4 kilometers (3.4 
miles), the radial distance to the service area boundary is deemed to be 
5.4 kilometers (3.4 miles).
    (6) The distance from a cell transmitting antenna to the SAB along 
any radial other than the eight cardinal radials is calculated by linear 
interpolation of distance as a function of angle.
    (b) Alternative CGSA determination. If a carrier believes that the 
method described in paragraph (a) of this section produces a CGSA that 
departs significantly (20% in the service area of 
any cell) from the geographic area where reliable cellular service is 
actually provided, the carrier may submit, as an exhibit to an 
application for modification of the CGSA using FCC Form 601, a depiction 
of what the carrier believes the CGSA should be. Such submissions must 
be accompanied by one or more supporting propagation studies using 
methods appropriate for the 800-900 MHz frequency range, including all 
supporting data and calculations, and/or by extensive field strength 
measurement data. For the purpose of such submissions, cellular service 
is considered to be provided in all areas, including ``dead spots'', 
between the transmitter location and the locus of points where the 
predicted or measured median field strength finally drops to 32 dB[mu]V/
m (i.e. does not exceed 32 dB[mu]V/m further out). If, after 
consideration of such submissions, the FCC finds that adjustment to a 
CGSA is warranted, the FCC may grant the application.
    (1) The alternative CGSA determination must define the CGSA in terms 
of distances from the cell sites to the 32 dBuV/m contour along the 
eight cardinal radials, with points in other azimuthal directions 
determined by the method given in paragraph (a)(6) of this

[[Page 186]]

section. The distances used for the cardinal radials must be 
representative of the coverage within the 45[deg] sectors, as depicted 
by the alternative CGSA determination.
    (2) If an uncalibrated predictive model is used to depict the CGSA, 
the alternative CGSA determination must identify factors (e.g. terrain 
roughness or features) that could plausibly account for the difference 
between actual coverage and that defined by the formula in paragraph 
(a)(1) of this section. If actual measurements or a measurement-
calibrated predictive model are used to depict the CGSA, and this fact 
is disclosed in the alternative CGSA determination, it is not necessary 
to offer an explanation of the difference between actual coverage and 
that defined by the formula in paragraph (a)(1) of this section. If the 
formula in paragraph (a)(1) of this section is clearly inapplicable for 
the cell(s) in question (e.g. for microcells), this should be disclosed 
in the alternative CGSA determination.
    (3) The provision for alternative CGSA determinations was made in 
recognition that the formula in paragraph (a)(1) of this section is a 
general model that provides a reasonable approximation of coverage in 
most land areas, but may under-predict or over-predict coverage in 
specific areas with unusual terrain roughness or features, and may be 
inapplicable for certain purposes, e.g., cells with a coverage radius of 
less than 8 kilometers (5 miles). In such cases, alternative methods 
that utilize more specific models are appropriate. Accordingly, the FCC 
does not consider use of the formula in paragraph (a)(1) of this section 
with parameters outside of the limits in paragraphs (a)(3), (a)(4) and 
(a)(5) of this section or with data for radials other than the cardinal 
radials to be a valid alternative method for determining the CGSA of a 
cellular system.
    (c) CGSA extension areas. SAB extensions (areas outside of the 
cellular market boundary, but within the service area as calculated 
using the methods of paragraph (a) of this section) are part of the CGSA 
only under the following circumstances:
    (1) During the five year build-out period of the system in the 
cellular market containing the extension, the licensees of systems on 
the same channel block in adjacent cellular markets may agree that the 
portion of the service area of one system that extends into unserved 
areas in the other system's cellular market is part of the CGSA of the 
former system.
    (2) At the end of the five year build-out period of the system in 
the cellular market containing the extension, the portion of the service 
area that extends into unserved areas in another cellular market becomes 
part of the CGSA, provided that the licensee of the system so extended 
files a system information update in accordance with Sec. 22.947(c).
    (3) For original systems in MSAs, extensions of the CGSA authorized 
by the FCC are part of the CGSA to the extent authorized.
    (d) Protection afforded. Within the CGSA determined in accordance 
with this section, cellular systems are entitled to protection from co-
channel and first-adjacent channel interference and from capture of 
subscriber traffic by adjacent systems on the same channel block.
    (1) Licensees must cooperate in resolving co-channel and first-
adjacent channel interference by changing channels used at specific 
cells or by other technical means.
    (2) Protection from capture of subscriber traffic is applied and 
limited in accordance with the following:
    (i) Subscriber traffic is captured if an SAB of one cellular system 
overlaps the CGSA of another operating cellular system. Therefore, 
cellular licensees must not begin to operate any facility that would 
cause an SAB to overlap the existing CGSA of another cellular system on 
the same channel block, without first obtaining the written consent of 
the licensee of that system. However, cellular licensees may continue to 
operate existing facilities that produce an SAB overlapping a 
subsequently-authorized portion of the CGSA of another cellular system 
on the same channel block until the licensee of that system requests 
that the SAB be removed from its CGSA. Such request may be made directly 
to the licensee of the overlapping system or to the FCC. In the event 
such request is made, the licensee of the overlapping

[[Page 187]]

system must reduce the transmitting power or antenna height (or both) at 
the pertinent cell site as necessary to remove the SAB from the CGSA of 
the other system, unless a written consent from the licensee of the 
other system allowing the SAB to remain is obtained. Cellular licensees 
may enter into contracts with the licensees of other cellular systems on 
the same channel block to allow SABs to overlap CGSAs.
    (ii) Cellular licensees are at most entitled to have a CGSA free of 
SABs from other cellular systems on the same channel block.
    (e) Unserved areas. Unserved areas are areas outside of all existing 
CGSAs (on either of the channel blocks), to which the Communications Act 
of 1934, as amended, is applicable.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68951, Dec. 14, 1998; 67 FR 9609, Mar. 4, 2002; 67 FR 77191, Dec. 
17, 2002; 68 FR 42295, July 17, 2003]



Sec. 22.912  Service area boundary extensions.

    This section contains rules governing service area boundary (SAB) 
extensions. SAB extensions are areas outside of the cellular market 
boundary, but within the service area as calculated using the methods of 
Sec. 22.911(a). Cellular systems must be designed to comply with the 
rules in this section. Applications proposing systems that would not 
comply with the rules in this section are defective. Service within SAB 
extensions is not protected from interference or capture under Sec. 
22.911(d) unless and until the area within the SAB extension becomes a 
part of the cellular geographic service area (CGSA) in accordance with 
Sec. 22.911(c).
    (a) De minimis extensions. Except as otherwise provided in 
paragraphs (b) and (d) of this section, SABs may be extended into 
adjacent cellular markets if such extensions are de minimis, are 
demonstrably unavoidable for technical reasons of sound engineering 
design, and do not extend into the CGSA of any other licensee's cellular 
system on the same channel block, any part of the Gulf of Mexico 
Exclusive Zone (GMEZ), or into any adjacent cellular market on a channel 
block for which the five year build-out period has expired.
    (b) Contract extensions. Except as otherwise provided in paragraph 
(d) of this section, cellular system licensees may enter into contracts 
to allow SAB extensions as follows:
    (1) The licensee of any cellular system may, at any time, enter into 
a contract with an applicant for, or licensee of, a cellular system on 
the same channel block in an adjacent cellular market, to allow one or 
more SAB extensions into its CGSA only (not into unserved area).
    (2) The licensee of the first authorized cellular system on each 
channel block in the Gulf of Mexico Service Area (GMSA) may enter into a 
contract with an applicant for, or licensee of, a cellular system on the 
same channel block in an adjacent cellular market or in the Gulf of 
Mexico Coastal Zone (GMCZ), to allow one or more SAB extensions into the 
Gulf of Mexico Exclusive Zone.
    (3) The licensee of the first authorized cellular system on each 
channel block in each cellular market may enter into a contract with an 
applicant for or licensee of a cellular system on the same channel block 
in an adjacent cellular market, to allow one or more SAB extensions into 
its CGSA and/or unserved area in its cellular market, during its five 
year build-out period.
    (b) Contract extensions. Except as restricted in paragraph (d) of 
this section, licensees of cellular systems on the same channel block in 
adjacent cellular markets may, at any time, enter into contracts with 
applicants or other licensees to allow SAB extensions into their CGSA 
only (not into unserved areas). Except as restricted in paragraph (d) of 
this section, licensees of the first authorized cellular systems on the 
same channel block in adjacent cellular markets may agree to allow SAB 
extensions into their CGSA and/or unserved areas in their cellular 
markets during the five year build-out period of the market into which 
the SAB extends.
    (c) Same applicant/licensee. Except as restricted in paragraph (d) 
of this section, licensees of cellular systems that are also an 
applicant or licensee on the

[[Page 188]]

same channel block in adjacent cellular markets may, at any time, allow 
or propose SAB extensions from their adjacent market system into their 
CGSH only (not into unserved areas). Except as restricted in paragraph 
(d) of this section, licensees of the first authorized cellular systems 
that are also an applicant or licensee on the same channel block in 
adjacent cellular markets may allow or propose SAB extensions from their 
adjacent market system into their CGSA and/or unserved areas in their 
cellular markets during the five year build-out period of the market 
into which the SAB extends.
    (d) Unserved area systems. Phase I initial cellular applications 
must not propose SAB extensions. Phase I sole major modification 
applications and Phase II applications may propose SAB extensions, 
subject to the conditions in this section.

[59 FR 59507, Nov. 17, 1994, as amended at 68 FR 42295, July 17, 2003]



Sec. 22.913  Effective radiated power limits.

    The effective radiated power (ERP) of transmitters in the Cellular 
Radiotelephone Service must not exceed the limits in this section.
    (a) Maximum ERP. The effective radiated power (ERP) of base 
transmitters and cellular repeaters must not exceed 500 Watts. The ERP 
of mobile transmitters and auxiliary test transmitters must not exceed 7 
Watts.
    (b) Height-power limit. The ERP of base transmitters must not exceed 
the amount that would result in an average distance to the service area 
boundary of 79.1 kilometers (49 miles) for cellular systems authorized 
to serve the Gulf of Mexico MSA and 40.2 kilometers (25 miles) for all 
other cellular systems. The average distance to the service area 
boundary is calculated by taking the arithmetic mean of the distances 
determined using the procedures specified in Sec. 22.911 for the eight 
cardinal radial directions.
    (c) Coordination exemption. Licensees need not comply with the 
height-power limit in paragraph (b) of this section if the proposed 
operation is coordinated with the licensees of all affected cellular 
systems on the same channel block within 121 kilometers (75 miles) and 
concurrence is obtained.



Sec. 22.917  Emission limitations for cellular equipment.

    The rules in this section govern the spectral characteristics of 
emissions in the Cellular Radiotelephone Service.
    (a) Out of band emissions. The power of any emission outside of the 
authorized operating frequency ranges must be attenuated below the 
transmitting power (P) by a factor of at least 43 + 10 log(P) dB.
    (b) Measurement procedure. Compliance with these rules is based on 
the use of measurement instrumentation employing a resolution bandwidth 
of 100 kHz or greater. In the 1 MHz bands immediately outside and 
adjacent to the frequency block a resolution bandwidth of at least one 
percent of the emission bandwidth of the fundamental emission of the 
transmitter may be employed. A narrower resolution bandwidth is 
permitted in all cases to improve measurement accuracy provided the 
measured power is integrated over the full required measurement 
bandwidth (i.e. 100 kHz or 1 percent of emission bandwidth, as 
specified). The emission bandwidth is defined as the width of the signal 
between two points, one below the carrier center frequency and one above 
the carrier center frequency, outside of which all emissions are 
attenuated at least 26 dB below the transmitter power.
    (c) Alternative out of band emission limit. Licensees in this 
service may establish an alternative out of band emission limit to be 
used at specified band edge(s) in specified geographical areas, in lieu 
of that set forth in this section, pursuant to a private contractual 
arrangement of all affected licensees and applicants. In this event, 
each party to such contract shall maintain a copy of the contract in 
their station files and disclose it to prospective assignees or 
transferees and, upon request, to the FCC.
    (d) Interference caused by out of band emissions. If any emission 
from a transmitter operating in this service results in interference to 
users of another radio service, the FCC may require a

[[Page 189]]

greater attenuation of that emission than specified in this section.

[67 FR 77191, Dec. 17, 2002]



Sec. 22.921  911 call processing procedures; 911-only calling mode.

    Mobile telephones manufactured after February 13, 2000 that are 
capable of operating in the analog mode described in the standard 
document ANSI TIA/EIA-553-A-1999 Mobile Station--Base Station 
Compatibility Standard (approved October 14, 1999--available for 
purchase from Global Engineering Documents, 15 Inverness East, 
Englewood, CO 80112), must incorporate a special procedure for 
processing 911 calls. Such procedure must recognize when a 911 call is 
made and, at such time, must override any programming in the mobile unit 
that determines the handling of a non-911 call and permit the call to be 
transmitted through the analog systems of other carriers. This special 
procedure must incorporate one or more of the 911 call system selection 
processes endorsed or approved by the FCC.

[67 FR 77192, Dec. 17, 2002]



Sec. 22.923  Cellular system configuration.

    Mobile stations communicate with and through base transmitters only. 
Base transmitters communicate with mobile stations directly or through 
cellular repeaters. Auxiliary test stations may communicate with base or 
mobile stations for the purpose of testing equipment.



Sec. 22.925  Prohibition on airborne operation of cellular telephones.

    Cellular telephones installed in or carried aboard airplanes, 
balloons or any other type of aircraft must not be operated while such 
aircraft are airborne (not touching the ground). When any aircraft 
leaves the ground, all cellular telephones on board that aircraft must 
be turned off. The following notice must be posted on or near each 
cellular telephone installed in any aircraft:
    ``The use of cellular telephones while this aircraft is airborne is 
prohibited by FCC rules, and the violation of this rule could result in 
suspension of service and/or a fine. The use of cellular telephones 
while this aircraft is on the ground is subject to FAA regulations.''



Sec. 22.927  Responsibility for mobile stations.

    Mobile stations that are subscribers in good standing to a cellular 
system, when receiving service from that cellular system, are considered 
to be operating under the authorization of that cellular system. 
Cellular system licensees are responsible for exercising effective 
operational control over mobile stations receiving service through their 
cellular systems. Mobile stations that are subscribers in good standing 
to a cellular system, while receiving service from a different cellular 
system, are considered to be operating under the authorization of such 
different system. The licensee of such different system is responsible, 
during such temporary period, for exercising effective operational 
control over such mobile stations as if they were subscribers to it.



Sec. 22.929  Application requirements for the Cellular Radiotelephone 
Service.

    In addition to information required by subparts B and D of this 
part, applications for authorization in the Cellular Radiotelephone 
Service contain required information as described in the instructions to 
the form. Site coordinates must be referenced to NAD83 and be correct to 
1 second.
    (a) Administrative information. The following information is 
required either by FCC Form 601, or as an exhibit:
    (1) Location description; city; county; state; geographical 
coordinates correct to  1 second, the datum used 
(NAD 83), site elevation above mean sea level, proximity to adjacent 
market boundaries and international borders;
    (2) Antenna height to tip above ground level, the height of the 
center of radiation of the antenna above the average terrain, the height 
of the antenna center of radiation above the average elevation of the 
terrain along each of the 8 cardinal radials, antenna gain in the 
maximum lobe, the beamwidth of the maximum lobe of the antenna, a polar 
plot of the horizontal

[[Page 190]]

gain pattern of the antenna, the electric field polarization of the wave 
emitted by the antenna when installed as proposed:
    (3) The channel block requested, the maximum effective radiated 
power, the effective radiated power in each of the cardinal radial 
directions.
    (b) If the application involves a service area boundary (SAB) 
extension (Sec. 22.912 of this chapter), the licensee must provide a 
statement as described in Sec. 22.953.
    (c) Maps. If the application proposes a change in the CGSA, it must 
include full size and reduced maps, and supporting engineering, as 
described in Sec. 22.953 (a)(1) through (a)(3).
    (d) Antenna Information. Upon request by an applicant, licensee, or 
the Commission, a cellular applicant or licensee of whom the request is 
made shall furnish the antenna type, model, and the name of the antenna 
manufacturer to the requesting party within ten (10) days of receiving 
written notification.

[63 FR 68951, Dec. 14, 1998, as amended at 64 FR 53241, Oct. 1, 1999]

    Effective Date Notes: 1. At 63 FR 68951, Dec. 14, 1998, Sec. 22.929 
was revised. This section contains information collection requirements 
and will not become effective until approval has been given by the 
Office of Management and Budget.
    2. At 64 FR 53241, Oct. 1, 1999, Sec. 22.929 was amended by adding 
paragraph (d). This paragraph contains information collection 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec. 22.935  Procedures for comparative renewal proceedings.

    The procedures in this section apply to comparative renewal 
proceedings in the Cellular Radiotelephone Service.
    (a) If one or more of the applications competing with an application 
for renewal of a cellular authorization are filed, the renewal applicant 
must file with the Commission its original renewal expectancy showing 
electronically via the ULS. This filing must be submitted no later than 
60 days after the date of the Public Notice listing as acceptable for 
filing the renewal application and the competing applications.
    (b) Interested parties may file petitions to deny any of the 
mutually exclusive applications. Any such petitions to deny must be 
filed no later than 30 days after the date that the renewal applicant 
submitted its renewal expectancy showing. Applicants may file replies to 
any petitions to deny applications that are filed. Any such replies must 
be filed no later than 15 days after the date that the petition(s) to 
deny was filed. No further pleadings will be accepted.
    (c) In most instances, the renewal application and any competing 
applications will be designated for a two-step procedure. An 
Administrative Law Judge (Presiding Judge) will conduct a threshold 
hearing (step one), in which both the licensee and the competing 
applicants will be parties, to determine whether the renewal applicant 
deserves a renewal expectancy. If the order designating the applications 
for hearing specifies any basic qualifying issues against the licensee, 
those issues will be tried in this threshold hearing. If the Presiding 
Judge determines that the renewal applicant is basically qualified and 
due a renewal expectancy, the competing applicants will be found 
ineligible for further consideration and their applications will be 
denied. If the Presiding Judge determines that the renewal applicant 
does not merit a renewal expectancy but is otherwise qualified, then all 
of the applications will be considered in a comparative hearing (step 
two).
    (d) Any competing applicant may request a waiver of the threshold 
hearing (step one), if such applicant demonstrates that its proposal so 
far exceeds the service already being provided that there would be no 
purpose in making a threshold determination as to whether the renewal 
applicant deserved a renewal expectancy vis-a-vis such a competing 
applicant. Any such waiver request must be filed at the time the 
requestor's application is filed. Petitions opposing such waiver 
requests may be filed. Any such petitions must be filed no later than 30 
days after the date that the renewal applicant submitted its renewal 
expectancy showing. Replies to any petitions opposing such waiver 
requests may be filed. Any such replies must be filed no later than 15 
days after the date that the petition(s) were filed. No

[[Page 191]]

further pleadings will be accepted. Any waiver request submitted 
pursuant to this paragraph will be acted upon prior to designating the 
applications for hearing. If a request to waive the threshold hearing 
(step one) is granted, the renewal expectancy issue will be designated 
as part of the comparative hearing (step two), and will remain the most 
important comparative factor in deciding the case, as provided in Sec. 
22.940(a).
    (e) If the Presiding Judge issues a ruling in the threshold (step 
one) that denies the licensee a renewal expectancy, all of the 
applicants involved in the proceeding will be allowed to file direct 
cases no later than 90 days after the release date of the Presiding 
Judge's ruling. Rebuttal cases must be filed no later than 30 days after 
the date that the direct cases were filed.
    (f) The Presiding Judge shall use the expedited hearing procedures 
delineated in this paragraph in both threshold (step one) and 
comparative (step two) hearings conducted in comparative cellular 
renewal proceedings.
    (1) The Presiding Judge will schedule a first hearing session as 
soon as practicable after the date for filing rebuttal evidence. This 
first session will be an evidentiary admission session at which each 
applicant will identify and offer its previously circulated direct and 
rebuttal exhibits, and each party will have an opportunity to lodge 
objections.
    (2) After accepting the exhibits into evidence, the Presiding Judge 
will entertain motions to cross-examine and rule whether any sponsoring 
witness needs to be produced for cross-examination.
    Determination of what, if any, cross-examination is necessary is 
within the sound judicial discretion of the Presiding Judge, the 
prevailing standard being whether the person requesting cross-
examination has persuasively demonstrated that written evidence is 
ineffectual to develop proof. If cross-examination is necessary, the 
Presiding Judge will specify a date for the appearance of all witnesses. 
In addition, if the designation order points out an area where 
additional underlying data is needed, the Presiding Judge will have the 
authority to permit the limited use of discovery procedures. Finally, 
the Presiding Judge may find that certain additional testimony or cross-
examination is needed to provide a complete record for the FCC. If so, 
the Presiding Judge may schedule a further session.
    (3) After the hearing record is closed, the Presiding Judge may 
request Proposed Findings of Fact and Conclusions of Law to be filed no 
later than 30 days after the final hearing session. Replies are not 
permitted except in unusual cases and then only with respect to the 
specific issues named by the Presiding Judge.
    (4) The Presiding Judge will then issue an Initial Decision, 
preferably within 60 days of receipt of the last pleadings. If mutually 
exclusive applications are before the Presiding Judge, the Presiding 
Judge will determine which applicant is best qualified. The Presiding 
Judge may also rank the applicants in order of merit if there are more 
than two.
    (5) Parties will have 30 days in which to file exceptions to the 
Initial Decision.

[59 FR 59507, Nov. 17, 1994, as amended at 62 FR 4172, Jan. 29, 1997; 63 
FR 68951, Dec. 14, 1998]



Sec. 22.936  Dismissal of applications in cellular renewal proceedings.

    Any applicant that has filed an application in the Cellular 
Radiotelephone Service that is mutually exclusive with an application 
for renewal of a cellular authorization (competing application), and 
seeks to resolve the mutual exclusivity by requesting dismissal of its 
application, must obtain the approval of the FCC.
    (a) If a competing applicant seeks to dismiss its application prior 
to the Initial Decision stage of the hearing on its application, it must 
submit to the Commission a request for approval of the dismissal of its 
application. This request for approval of the dismissal of its 
application must be submitted and must also include a copy of any 
agreement related to the withdrawal or dismissal, and an affidavit 
setting forth:
    (1) A certification that neither the petitioner nor its principals 
has received or will receive any money or

[[Page 192]]

other consideration in excess of legitimate and prudent expenses in 
exchange for the withdrawal or dismissal of the application, except that 
this provision does not apply to dismissal or withdrawal of applications 
pursuant to bona fide merger agreements;
    (2) The exact nature and amount of any consideration received or 
promised;
    (3) An itemized accounting of the expenses for which it seeks 
reimbursement; and
    (4) The terms of any oral agreement related to the withdrawal or 
dismissal of the application.
    (b) In addition, within 5 days of the filing date of the applicant 
or petitioner's request for approval, each remaining party to any 
written or oral agreement must submit an affidavit setting forth:
    (1) A certification that neither the applicant nor its principals 
has paid or will pay money or other consideration in excess of the 
legitimate and prudent expenses of the petitioner in exchange for 
withdrawing or dismissing the application; and
    (2) The terms of any oral agreement relating to the withdrawal or 
dismissal of the application.
    (c) For the purposes of this section:
    (1) Affidavits filed pursuant to this section must be executed by 
the filing party, if an individual, a partner having personal knowledge 
of the facts, if a partnership, or an officer having personal knowledge 
of the facts, if a corporation or association.
    (2) Applications are deemed to be pending before the FCC from the 
time the application is filed with the FCC until such time as an order 
of the FCC granting, denying or dismissing the application is no longer 
subject to reconsideration by the FCC or to review by any court.
    (3) ``Legitimate and prudent expenses'' are those expenses 
reasonably incurred by a party in preparing to file, filing, prosecuting 
and/or settling its application for which reimbursement is sought.
    (4) ``Other consideration'' consists of financial concessions, 
including, but not limited to, the transfer of assets or the provision 
of tangible pecuniary benefit, as well as non-financial concessions that 
confer any type of benefit on the recipient.

[59 FR 59507, Nov. 17, 1994, as amended at 63 FR 68951, Dec. 14, 1998]



Sec. 22.939  Site availability requirements for applications competing 
with cellular renewal applications.

    In addition to the other requirements set forth in this part for 
initial cellular applications, any application competing against a 
cellular renewal application must contain, when initially filed, 
appropriate documentation demonstrating that its proposed antenna 
site(s) will be available. Competing applications that do not include 
such documentation will be dismissed. If the competing applicant does 
not own a particular site, it must, at a minimum demonstrate that the 
site is available to it by providing a letter from the owner of the 
proposed antenna site expressing the owner's intent to sell or lease the 
proposed site to the applicant. If any proposed antenna site is under 
U.S. Government control, the applicant must submit written confirmation 
of the site's availability from the appropriate Government agency. 
Applicants which file competing applications against incumbent cellular 
licensees may not rely on the assumption that an incumbent licensee's 
antenna sites are available for their use.



Sec. 22.940  Criteria for comparative cellular renewal proceedings.

    This section sets forth criteria to be used in comparative cellular 
renewal proceedings. The ultimate issue in comparative renewal 
proceedings will be to determine, in light of the evidence adduced in 
the proceeding, what disposition of the applications would best serve 
the public interest, convenience and necessity.
    (a) Renewal expectancies. The most important comparative factor to 
be considered in a comparative cellular renewal proceeding is a major 
preference, commonly referred to as a ``renewal expectancy.''
    (1) The cellular renewal applicant involved in a comparative renewal 
proceeding will receive a renewal expectancy, if its past record for the 
relevant license period demonstrates that:

[[Page 193]]

    (i) The renewal applicant has provided ``substantial'' service 
during its past license term. ``Substantial'' service is defined as 
service which is sound, favorable, and substantially above a level of 
mediocre service which just might minimally warrant renewal; and
    (ii) The renewal applicant has substantially compiled with 
applicable FCC rules, policies and the Communications Act of 1934, as 
amended.
    (2) In order to establish its right to a renewal expectancy, a 
cellular renewal applicant involved in a comparative renewal proceeding 
must submit a showing explaining why it should receive a renewal 
expectancy. At a minimum, this showing must include.
    (i) A description of its current service in terms of geographic 
coverage and population served, as well as the system's ability to 
accommodate the needs of roamers;
    (ii) An explanation of its record of expansion, including a 
timetable of the construction of new cell sites to meet changes in 
demand for cellular service;
    (iii) A description of its investments in its cellular system; and
    (iv) Copies of all FCC orders finding the licensee to have violated 
the Communications Act or any FCC rule or policy; and a list of any 
pending proceedings that relate to any matter described in this 
paragraph.
    (3) In making its showing of entitlement to a renewal expectancy, a 
renewal applicant may claim credit for any system modification 
applications that were pending on the date it filed its renewal 
application. Such credit will not be allowed if the modification 
application is dismissed or denied.
    (b) Additional comparative issues. The following additional 
comparative issues will be included in comparative cellular renewal 
proceedings, if a full comparative hearing is conducted pursuant to 
Sec. 22.935(c).
    (1) To determine on a comparative basis the geographic areas and 
population that each applicant proposes to serve; to determine and 
compare the relative demand for the services proposed in said areas; and 
to determine and compare the ability of each applicant's cellular system 
to accommodate the anticipated demand for both local and roamer service;
    (2) To determine on a comparative basis each applicant's proposal 
for expanding its system capacity in a coordinated manner in order to 
meet anticipated increasing demand for both local and roamer service;
    (3) To determine on a comparative basis the nature and extent of the 
service proposed by each applicant, including each applicant's proposed 
rates, charges, maintenance, personnel, practices, classifications, 
regulations and facilities (including switching capabilities); and
    (4) To determine on a comparative basis each applicant's past 
performance in the cellular industry or another business of comparable 
type and size.
    (c) Additional showings for competing applications. With respect to 
evidence introduced pursuant to paragraph (b)(3) of this section, any 
applicant filing a competing application against a cellular renewal 
application (competing applicant) who claims a preference for offering 
any service not currently offered by the incumbent licensee must 
demonstrate that there is demand for that new service and also present a 
business plan showing that the competing applicant can operate the 
system economically. Any competing applicant who proposes to replace 
analog technology with digital technology will receive no credit for its 
proposal unless it submits a business plan showing how it will operate 
its system economically and how it will provide more comprehensive 
service than does the incumbent licensee with existing and implemented 
cellular technology.



Sec. 22.942   Limitations on interests in licensees for both channel 
blocks in RSAs.

    (a) Controlling Interests. A licensee, an individual or entity that 
owns a controlling or otherwise attributable interest in a licensee, or 
an individual or entity that actually controls a licensee for one 
channel block in a CGSA may not have a direct or indirect ownership 
interest of more than 5 percent in the licensee, an individual or entity 
that owns a controlling or otherwise attributable interest in a 
licensee, or an individual or entity that actually controls a licensee 
for the other channel block

[[Page 194]]

in an overlapping CGSA, if the overlap is located in whole or in part in 
a Rural Service Area (RSA), as defined in 47 CFR 22.909.
    (b) Non-controlling interests. A direct or indirect non-attributable 
interest in both systems is excluded from the general rule prohibiting 
multiple ownership interests.
    (c) Divestiture. Divestiture of interests as a result of a transfer 
of control or assignment of authorization must occur prior to 
consummating the transfer or assignment.
    (1) Parties needing to divest controlling or otherwise attributable 
interests set forth in this section will be considered to have come into 
compliance if they have submitted to the Commission an application for 
assignment of license or transfer of control of the conflicting interest 
(see Sec. 1.948 of this chapter) or other request for Commission 
approval by which, if granted, such parties no longer would have an 
attributable interest in the conflicting interest. Divestiture may be to 
an interim trustee if a buyer or acquirer of the interest has not been 
secured in the required period of time, as long as the buyer or acquirer 
of the interest has no interest in or control of the trustee, and the 
trustee may dispose of the interest as it sees fit. Where parties to 
such applications or requests for Commission approval hold less than 
controlling (but still attributable) interests, they shall submit a 
certification that the applicant or acquirer of the interest and all 
parties to the application or request for Commission approval have come 
into compliance with the limitations on interests in licensees for both 
channel blocks set forth in this section.
    (2) [Reserved]
    (d) Ownership attribution. For purposes of paragraphs (a) and (b) of 
this section, ownership and other interests cellular licensees will be 
attributed to their holders pursuant to the following criteria:
    (1) Controlling interest shall be attributable. Controlling interest 
means majority voting equity ownership, any general partnership 
interest, or any means of actual working control (including negative 
control) over the operation of the licensee, in whatever manner 
exercised.
    (2) Partnership and other ownership interests and any stock interest 
amounting to 20 percent or more of the equity, or outstanding stock, or 
outstanding voting stock of a cellular licensee shall be attributed.
    (3) Non-voting stock shall be attributed as an interest in the 
issuing entity if in excess of the amounts set forth in paragraph (d)(2) 
of this section.
    (4) Debt and instruments such as warrants, convertible debentures, 
options, or other interests (except non-voting stock) with rights of 
conversion to voting interests shall not be attributed unless and until 
converted.
    (5) 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.
    (6) Officers and directors of a cellular licensee shall be 
considered to have an attributable interest in the entity with which 
they are so associated. The officers and directors of an entity that 
controls a cellular licensee shall be considered to have an attributable 
interest in the cellular licensee.
    (7) 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. (For example, if A owns 20% of B, and B owns 40% of 
licensee C, then A's interest in licensee C would be 8%. If A owns 20% 
of B, and B owns 51% of licensee C, then A's interest in licensee C 
would be 20% because B's ownership of C exceeds 50%.)
    (8) Any person who manages the operations of a cellular licensee 
pursuant to a management agreement shall be considered to have an 
attributable interest in such licensee if such person, or its affiliate, 
has authority to make

[[Page 195]]

decisions or otherwise engage in practices or activities that determine, 
or significantly influence,
    (i) The nature or types of services offered by such licensee;
    (ii) The terms upon which such services are offered; or
    (iii) The prices charged for such services.
    (9) Any licensee or its affiliate who enters into a joint marketing 
arrangements with a cellular, licensee, or its affiliate shall be 
considered to have an attributable interest, if such licensee, or its 
affiliate, has authority to make decisions or otherwise engage in 
practices or activities that determine, or significantly influence,
    (i) The nature or types of services offered by such licensee;
    (ii) The terms upon which such services are offered; or
    (iii) The prices charged for such services.

[64 FR 54576, Oct. 7, 1999, as amended at 67 FR 1642, Jan. 14, 2002; 67 
FR 4675, Jan. 31, 2002]



Sec. 22.943  Limitations on transfer of control and assignment for 
authorizations issued as a result of a comparative renewal proceeding.

    Except as otherwise provided in this section, the FCC does not 
accept applications for consent to transfer of control or for assignment 
of the authorization of a cellular system that has been acquired by the 
current licensee for the first time as a result of a comparative renewal 
proceeding until the system has provided service to subscribers for at 
least three years.
    (a) The FCC may accept and grant applications for consent to 
transfer of control or for assignment of the authorization of a cellular 
system that is to be transferred as a part of a bona fide sale of an on-
going business to which the cellular operation is incidental.
    (b) The FCC may accept and grant applications for consent to 
transfer of control or for assignment of the authorization of a cellular 
system that is to be transferred as a result of the death of the 
licensee.
    (c) The FCC may accept and grant applications for consent to 
transfer of control or for assignment of authorization if the transfer 
or assignment is pro forma and does not involve a change in ownership.

[67 FR 77192, Dec. 17, 2002]



Sec. 22.946  Service commencement and construction systems.

    (a) Commencement of service. New cellular systems must be at least 
partially constructed and begin providing cellular service to 
subscribers within the service commencement periods specified in Table 
H-1 of this section. Service commencement periods begin on the date of 
grant of the initial authorization, and are not extended by the grant of 
subsequent authorizations for the cellular system (such as for major 
modifications). The licensee must notify the FCC (FCC Form 601) after 
the requirements of this section are met (see Sec. 1.946 of this 
chapter).

                   Table H-1--Commencement of Service
------------------------------------------------------------------------
        Type of cellular system          Required to commence service in
------------------------------------------------------------------------
The first system authorized on each      36 months.
 channel block in markets 1-90.
The first system authorized on each      18 months.
 channel block in all other markets and
 any subsequent systems authorized
 pursuant to contracts in partitioned
 markets.
The first system authorized on each      No requirement.
 channel block in the Gulf of Mexico
 Exclusive Zone.
All other systems......................  12 months.
------------------------------------------------------------------------

    (b) To satisfy this requirement, a cellular system must be 
interconnected with the public switched telephone network (PSTN) and 
must be providing service to mobile stations operated by its subscribers 
and roamers. A cellular system is considered to be providing service 
only if mobile stations can originate telephone calls to and receive 
telephone calls from wireline telephones through the PSTN.
    (c) Construction period for specific facilities. The construction 
period applicable to specific new or modified cellular facilities for 
which a separate authorization is granted is one year, beginning on the 
date the authorization is granted.

[67 FR 9609, Mar. 4, 2002, as amended at 67 FR 77192, Dec. 17, 2002]

[[Page 196]]



Sec. 22.947  Five year build-out period.

    Except for systems authorized in the Gulf of Mexico Exclusive Zone, 
the licensee of the first cellular system authorized on each channel 
block in each cellular market is afforded a five year period, beginning 
on the date the initial authorization for the system is granted, during 
which it may expand the system within that market.
    (a) Exclusive right to expand within market. Except as provided in 
paragraph (b) of this section, the FCC does not accept applications for 
authority to operate a new cellular system in any unserved area in a 
market on a channel block during the five year build-out period.
    (b) Partitioned markets. During the five-year build-out period, the 
licensee of the first cellular system on each channel block in each 
market may enter into contracts with eligible parties, allowing such 
parties to apply by using FCC Form 601 for a new cellular system in that 
channel block within the market. The FCC may grant such applications if 
they are in compliance with the rules in this part. Markets with two or 
more authorized cellular systems on the same channel block during the 
five year build-out period are referred to (with respect to the affected 
channel block) as ``partitioned markets''.
    (1) Partitioning contracts must define the CGSA of the subsequent 
cellular system in accordance with Sec. 22.911, including any expansion 
rights ceded. If not exercised, any such expansion rights terminate at 
the end of the five year build-out period.
    (2) The five year build-out period begins on the date the initial 
authorization for the first cellular system is granted, and is not 
extended or affected in any way by the initial authorization of any 
subsequent cellular systems pursuant to paragraph (b) of this section.
    (c) System information update. Sixty days before the end of the five 
year build-out period, the licensee of each cellular system authorized 
on each channel block in each cellular market must file, in triplicate, 
a system information update (SIU), comprising a full size map, a reduced 
map, and an exhibit showing technical data relevant to determination of 
the system's CGSA. Separate maps must be submitted for each market into 
which the CGSA extends, showing the extension area in the adjacent 
market. Maps showing extension areas must be labeled (i.e. marked with 
the market number and channel block) for the market into which the CGSA 
extends. SIUs must accurately depict the relevant cell locations and 
coverage of the system at the end of the five year build-out period. 
SIUs must be filed at the Wireless Telecommunications Bureau, Commercial 
Wireless Division, 445 12th Street SW, Room 4-C232, Washington, DC 
20554. If any changes to the system occur after the filing of the SIU, 
but before the end of the five year build-out period, the licensee must 
file, in triplicate, additional maps and/or data as necessary to insure 
that the cell locations and coverage of the system as of the end of the 
five year build-out period are accurately depicted.
    (1) The scale of the full-size map must be 1:500,000, regardless of 
whether any different scale is used for the reduced map. The map must 
have a legend, a distance scale and correctly labeled latitude and 
longitude lines. The map must be clear and legible. The map must 
accurately show the cell sites (transmitting antenna locations) which 
determine the CGSA, the entire CGSA, any extension of the composite 
service are boundary beyond the CGSA (see Sec. 22.911) and the relevant 
portions of the cellular market boundary. The date on which the map 
depictions are accurate must appear on the map.
    (2) The reduced map must be a proportional reduction, to 8\1/2\x11 
inches, of the full-size map required in paragraph (c)(1) of this 
section, unless it proves to be impractical to depict the entire market 
by reducing the full-size map. In such instance, an 8\1/2\x11 inch map 
of a different scale may be substituted, provided that the required 
features of the full-size map are clearly depicted and labeled.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68951, Dec. 14, 1998; 67 FR 13225, Mar. 21, 2002; 67 FR 9609, Mar. 
4, 2002]

[[Page 197]]



Sec. 22.948  Partitioning and Disaggregation.

    (a) Eligibility. (1) Generally. Parties seeking approval for 
partitioning and disaggregation shall request an authorization for 
partial assignment of a license pursuant to Sec. 1.948 of this chapter. 
Cellular licensees may partition or disaggregate their spectrum to other 
qualified entities.
    (2) Partitioning. During the five year build-out period, as defined 
in Sec. 22.947, cellular licensees may partition any portion of their 
cellular market to other qualified entities. After the five year build-
out period, cellular licensees and unserved area licensees may partition 
any portion of their Cellular Geographic Service Area (CGSA), as defined 
by Sec. 22.911, to other qualified entities but may not partition 
unserved portions of their cellular market.
    (3) Disaggregation. After the five year build-out period, as defined 
in Sec. 22.947, parties obtaining disaggregated spectrum may only use 
such spectrum in that portion of the cellular market encompassed by the 
original licensee's CGSA and may not use such spectrum to provide 
service to unserved portions of the cellular market.
    (b) Disaggregation. Cellular licensees and unserved area licensees 
may disaggregate spectrum in any amount.
    (c) Combined partitioning and disaggregation. The Commission will 
consider requests for partial assignment of cellular licenses that 
propose combinations of partitioning and disaggregation.
    (d) License Term. The license term for the partitioned license area 
and for disaggregated spectrum shall be the remainder of the original 
cellular licensee's or the unserved area licensee's license term 
provided for in Sec. 22.144(a).

[65 FR 37057, June 13, 2000]



Sec. 22.949  Unserved area licensing process.

    This section sets forth the process for licensing unserved areas in 
cellular markets on channel blocks for which the five year build-out 
period has expired. This process has two phases: Phase I and Phase II. 
This section also sets forth the Phase II process applicable to 
applications to serve the Gulf of Mexico Coastal Zone.
    (a) Phase I. Phase I is a one-time process that provides an 
opportunity for eligible parties to file competing applications for 
authority to operate a new cellular system in or to expand an existing 
cellular system into unserved areas (Phase I initial applications) as 
soon as these areas become available. In addition, each licensee whose 
Phase I initial application is granted is afforded one opportunity 
during the Phase I process to file an application proposing major 
modifications to the cellular system authorized by that grant (a Phase I 
major modification application), without being subject to competing 
applications.
    (1) Phase I initial applications must be filed on the 31st day after 
the expiration of the five year build-out period of the authorized 
system(s) on the channel block requested in the market containing the 
unserved area.
    (i) Each Phase I application must request authorization for one and 
only one cellular geographic service area (CGSA) in one and only one 
cellular market.
    (ii) Applicants must not file more than one Phase I initial 
application for any cellular market.
    (iii) Phase I initial applications must not propose any de minimis 
or contract service area boundary (SAB) extensions.
    (2) Only one Phase I initial application is granted on each channel 
block in each market. Consequently, whenever two or more acceptable 
Phase I initial applications are timely filed in the same market on the 
same channel block, such Phase I initial applications are mutually 
exclusive, regardless of any other considerations such as the technical 
proposals. In order to determine which of such mutually exclusive Phase 
I initial applications to grant, the Commission administers competitive 
bidding procedures in accordance with subpart Q of part 1 of this 
chapter. After such procedures, the application of the winning bidder 
may be granted and the applications excluded by that grant may be 
dismissed without prejudice.


[[Page 198]]


    Note: Notwithstanding the provisions of Sec. 22.949(a)(2), mutually 
exclusive Phase I initial applications that were filed between March 10, 
1993 and July 25, 1993, inclusive, are to be included in a random 
selection process, following which the selected application may be 
granted and the applications excluded by that grant may be dismissed 
without prejudice.

    (3) Phase I major modification applications (applications filed 
during Phase I that propose major modifications to cellular systems 
authorized by the grant of Phase I initial applications) must be filed 
no later than 90 days after the grant of the Phase I initial 
application. Each Phase I licensee may file only one Phase I major 
modification application. The FCC will not accept any competing 
applications in response to a Phase I major modification application. 
Phase I licensees may not sell to a third party any rights to apply for 
unserved area.
    (i) Phase I major modification applications may propose de minimis 
or contract SAB extensions; provided that a contract SAB extension into 
an adjacent market may be proposed only if, at the time the Phase I 
major modification application is filed, the licensee in the adjacent 
market (on the requested channel block) has the right to enter into such 
a contract (see Sec. 22.912(c)).
    (ii) Phase I major modification application may propose a CGSA that 
is not contiguous with the authorized or proposed CGSA, provided that 
the non-contiguous CGSA meets the minimum coverage requirement of Sec. 
22.951.
    (4) Phase I licensees may also file applications for or 
notifications of minor modifications to its system. However, such minor 
modifications may not reduce the size of the CGSA below the minimum 
coverage requirement of Sec. 22.951.
    (b) Phase II. Phase II is an on-going filing process that allows 
eligible parties to apply for any unserved areas that may remain in a 
market after the Phase I process is complete.
    (1) If a Phase I initial application is granted for a market and 
channel block, Phase II applications (applications for authority to 
operate a cellular system in any remaining unserved area) for that 
market and channel block may be filed on or after the 121st day after 
the Phase I application was granted. If no Phase I initial applications 
are granted for a market and channel block, Phase II applications for 
that market and channel block may be filed on or after the 31st day 
after the FCC dismissed the last pending Phase I application. If no 
Phase I initial applications are received for a market and channel 
block, Phase II applications for that market and channel block may be 
filed on or after the 32nd day after the expiration of the relevant 
five-year build-out period.
    (2) There is no limit to the number of Phase II applications that 
may be granted on each channel block in each market. Consequently, Phase 
II applications are mutually exclusive only if the proposed CGSAs would 
overlap. Mutually exclusive applications are processed using the general 
procedures in Sec. 22.131.
    (3) Phase II applications may propose a CGSA covering more than one 
cellular market. Each Phase II application must request authorization 
for one and only one CGSA. Phase II applications may propose de minimis 
and contract SAB extensions.
    (c) Settlements among some, but not all, applicants with mutually 
exclusive applications for unserved areas (partial settlements) are 
prohibited. Settlements among all applicants with mutually exclusive 
applications (full settlements) are allowed and must be filed no later 
than the date that the FCC Form 175 (short-form) is filed.
    (d) Limitations on amendments. Notwithstanding the provisions of 
Sec. 22.122, Phase I applications are subject to the following 
additional limitations in regard to the filing of amendments.
    (1) The Commission will not accept amendments (of any type) to 
mutually exclusive Phase I applications prior to the conclusion of the 
competitive bidding process.
    (2) The FCC will not accept major amendments to Phase I 
applications.
    (3) Minor amendments required by Sec. 1.65 of this chapter must be 
filed no later than thirty (30) days after public

[[Page 199]]

notice announcing the results of the competitive bidding process.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59956, Nov. 21, 1994; 
61 FR 58339, Nov. 14, 1996; 67 FR 9610, Mar. 4, 2002]



Sec. 22.950  Provision of service in the Gulf of Mexico Service Area (GMSA)

    The GMSA has been divided into two areas for licensing purposes, the 
Gulf of Mexico Exclusive Zone (GMEZ) and the Gulf of Mexico Coastal Zone 
(GMCZ). This section describes these areas and sets forth the process 
for licensing facilities in these two respective areas within the GMSA.
    (a) The GMEZ and GMCZ are defined as follows:
    (1) Gulf of Mexico Exclusive Zone. The geographical area within the 
Gulf of Mexico Service Area that lies between the coastline line and the 
southern demarcation line of the Gulf of Mexico Service Area, excluding 
the area comprising the Gulf of Mexico Coastal Zone.
    (2) Gulf of Mexico Coastal Zone. The geographical area within the 
Gulf of Mexico Service Area that lies between the coast line of Florida 
and a line extending approximately twelve nautical miles due south from 
the coastline boundary of the States of Florida and Alabama, and 
continuing along the west coast of Florida at a distance of twelve 
nautical miles from the shoreline. The line is defined by Great Circle 
arcs connecting the following points (geographical coordinates listed as 
North Latitude, West Longitude) consecutively in the order listed:
(i) 30[deg]16[min]49[sec] N 87[deg]31[min]06[sec] W
(ii) 30[deg]04[min]35[sec] N 87[deg]31[min]06[sec] W
(iii) 30[deg]10[min]56[sec] N 86[deg]26[min]53[sec] W
(iv) 30[deg]03[min]00[sec] N 86[deg]00[min]29[sec] W
(v) 29[deg]33[min]00[sec] N 85[deg]32[min]49[sec] W
(vi) 29[deg]23[min]21[sec] N 85[deg]02[min]06[sec] W
(vii) 29[deg]49[min]44[sec] N 83[deg]59[min]02[sec] W
(viii) 28[deg]54[min]00[sec] N 83[deg]05[min]33[sec] W
(ix) 28[deg]34[min]41[sec] N 82[deg]53[min]38[sec] W
(x) 27[deg]50[min]39[sec] N 83[deg]04[min]27[sec] W
(xi) 26[deg]24[min]22[sec] N 82[deg]23[min]22[sec] W
(xii) 25[deg]41[min]39[sec] N 81[deg]49[min]40[sec] W
(xiii) 24[deg]59[min]02[sec] N 81[deg]15[min]04[sec] W
(xiv) 24[deg]44[min]23[sec] N 81[deg]57[min]04[sec] W
(xv) 24[deg]32[min]37[sec] N 82[deg]02[min]01[sec] W
    (b) Service Area Boundary Calculation. The service area boundary of 
a cell site located within the Gulf of Mexico Service Area is calculated 
pursuant to Sec. 22.911(a)(2). Otherwise, the service area boundary is 
calculated pursuant to Sec. Sec. 22.911(a)(1) or 22.911(b).
    (c) Operation within the Gulf of Mexico Exclusive Zone (GMEZ). GMEZ 
licensees have exclusive right to provide service in the GMEZ, and may 
add, modify, or remove facilities anywhere within the GMEZ without prior 
Commission approval. There is no five-year buildout period for GMEZ 
licensees, no requirement to file system information update maps 
pursuant to Sec. 22.947, and no unserved area licensing procedure for 
the GMEZ.
    (d) Operation within the Gulf of Mexico Coastal Zone (GMCZ). The 
GMCZ is subject to the Phase II unserved area licensing procedures set 
forth in Sec. 22.949(b).

[67 FR 9610, Mar. 4, 2002]



Sec. 22.951  Minimum coverage requirement.

    Applications for authority to operate a new cellular system in an 
unserved area, other than those filed by the licensee of an existing 
system that abuts the unserved area, must propose a contiguous cellular 
geographical service area (CGSA) of at least 130 square kilometers (50 
square miles). Area within contract SAB extensions counts toward the 
minimum coverage requirement. However, area within de minimis SAB 
extensions does not count toward the minimum coverage requirement. 
Applications for authority to operate a new cellular system in an 
unserved area, other than those filed by the licensee of an existing 
system that abuts the unserved area, must not propose coverage of water 
areas only (or water areas and uninhabited islands or reefs only), 
except for unserved areas in the Gulf of Mexico MSA.



Sec. 22.953  Content and form of applications.

    Applications for authority to operate a cellular system in an 
unserved area must comply with the specifications in this section.
    (a) Applications for authority to operate a cellular system in an 
unserved area must include the following information in addition to the 
requirements specified in Sec. Sec. 1.919, 1.923 and 1.924. The

[[Page 200]]

following exhibits must be set off by tabs and numbered as follows:
    (1) Exhibit I--full-size map. The scale of the full-size map must be 
1:500,000, regardless of whether any different scale is used for the 
reduced map required in Exhibit II. The map must have a legend, a 
distance scale and correctly labeled latitude and longitude lines. The 
map must be clear and legible. The map must accurately show the cell 
sites (transmitting antenna locations), the entire CGSA, any extension 
of the composite service area boundary beyond the CGSA (see Sec. 
22.911) and the relevant portions of the cellular market boundary.
    (2) Exhibit II--reduced map. This map must be a proportional 
reduction, to 8\1/2\ x 11 inches, of the full-size map required for 
Exhibit I, unless it proves to be impractical to depict the entire 
cellular market by reducing the full-size map. In such instance, an 8\1/
2\x11 inch map of a different scale may be substituted, provided that 
the required features of the full-size map are clearly depicted and 
labeled.
    (3) Exhibit III--engineering. This exhibit must contain the data and 
methodology used to calculate the CGSA and service area boundary.
    (4) Exhibit IV--channel plan. This exhibit must show which specific 
channels (or groups) are to be used at each cell site. Any necessary 
table for converting channel numbers to center frequencies must be 
provided.
    (5) [Reserved]
    (6) Exhibit VI--service proposal. This exhibit must describe the 
services proposed for subscribers and roamers, including the proposed 
method for handling complaints.
    (7) Exhibit VII--cellular design. This exhibit must show that the 
proposed system design complies with cellular system design concepts, 
and must describe the method proposed to expand the system in a 
coordinated fashion as necessary to address changing demand for cellular 
service.
    (8) Exhibit VIII--blocking level. This exhibit must disclose the 
blocking probability or other criteria to be used to determine whether 
it is necessary to take measures to increase system capacity to maintain 
service quality.
    (9) Exhibit IX--start-up expenses. This exhibit must disclose in 
detail the projected cost of construction and other initial expenses of 
the proposed system, and how the applicant intends to meet these 
expenses and the costs of operation for the first year.
    (10) Exhibit X--interconnection arrangements. This exhibit is 
required for applicants that provide public landline message telephone 
service in any portion of the proposed CGSA. This exhibit must describe 
exactly how the proposed system would interconnect with the landline 
network. The description must be of sufficient detail to enable a 
competitor to connect with the landline system in exactly the same 
manner, if the competitor so chooses.
    (b) Existing systems--major modifications. Licensees making major 
modifications pursuant to Sec. 1.929(h) must file FCC Form 601 and need 
only contain the exhibits required by paragraphs (a)(1) through (a)(3) 
of this section.
    (c) Existing systems--minor modifications. Licensees making minor 
modifications pursuant to Sec. 1.929(h)--in which the modification 
causes a change in the CGSA boundary (including the removal of a 
transmitter or transmitters)--must notify the FCC (using FCC Form 601) 
and include full-sized maps, reduced maps, and supporting engineering 
exhibits as described in paragraphs (a)(1)-(3) of this section. If the 
modification involves a contract SAB extension, it must include a 
statement as to whether the five-year build-out for the system on the 
relevant channel block in the market into which the SAB extends has 
elapsed, and as to whether the SAB extends into any unserved area in 
that market.

[59 FR 59507, Nov. 17, 1994, as amended at 59 FR 59954, Nov. 21, 1994; 
63 FR 68951, Dec. 14, 1998; 64 FR 53241, Oct. 1, 1999]



Sec. 22.955  Canadian condition.

    Pursuant to an agreement between the FCC and the Department of 
Communications in Canada, authorizations for cellular systems within 72 
kilometers (45 miles) of the U.S.-Canadian border must have the 
following condition attached:

    This authorization is subject to the condition that, in the event 
that cellular systems using the same channel block as granted

[[Page 201]]

herein are authorized in adjacent territory in Canada, coordination of 
any of your transmitter installations which are within 72 kilometers (45 
miles) of the U.S.-Canadian border shall be required to eliminate any 
harmful interference that might otherwise exist and to insure 
continuance of equal access to the channel block by both countries.



Sec. 22.957  Mexican condition.

    Pursuant to an agreement between the United States and Mexico, FCC 
authorizations for cellular systems within 72 kilometers (45 miles) of 
the United States-Mexican border must have the following condition 
attached:

    This authorization is subject to the condition that, in the event 
cellular systems using the same frequencies granted herein are 
authorized in adjacent territory in Mexico, coordination of your 
transmitter installations which are within 72 kilometers (45 miles) of 
the United States-Mexico border shall be required to eliminate any 
harmful interference that might otherwise exist and to ensure 
continuance of equal access to the frequencies by both countries. The 
operator of this system shall not contract with customers in Mexico, and 
further, users of the system must be advised that operation of a mobile 
unit in Mexico is not permitted at this time without the express 
permission of the Mexican government. The above conditions are subject 
to modification pending further notice from the FCC.



Sec. 22.959  Rules governing processing of applications for initial systems.

    Pending applications for authority to operate the first cellular 
system on a channel block in an MSA or RSA market continue to be 
processed under the rules governing the processing of such applications 
that were in effect when those applications were filed, unless the 
Commission determines otherwise in a particular case.



Sec. 22.960  Cellular unserved area radiotelephone licenses subject to 
competitive bidding.

    Mutually exclusive initial applications for cellular unserved area 
Phase I and Phase II licenses filed after July 26, 1993 are subject to 
competitive bidding. The general competitive bidding procedures set 
forth in part 1, subpart Q of this chapter will apply unless otherwise 
provided in this subpart.

[67 FR 45367, July 9, 2002]



Sec. Sec. 22.961-22.967  [Reserved]



Sec. 22.969  Cellular RSA licenses subject to competitive bidding.

    Mutually exclusive applications for initial authorization for the 
following Cellular Rural Service Areas filed after the effective date of 
this rule are subject to competitive bidding procedures as prescribed by 
Sections 22.228 and 22.229: 332A--Polk, AR; 582A--Barnes, ND; 672A--
Chambers, TX; and 727A--Ceiba, PR.

[67 FR 11434, Mar. 14, 2002]



                Subpart I_Offshore Radiotelephone Service



Sec. 22.1001  Scope.

    The rules in this subpart govern the licensing and operation of 
offshore radiotelephone stations. The licensing and operation of these 
stations and systems is also subject to rules elsewhere in this part 
that apply generally to the public mobile services. However, in case of 
conflict, the rules in this subpart govern.



Sec. 22.1003  Eligibility.

    Offshore central station licenses may be licensed to communications 
common carriers. Offshore subscriber stations may be licensed to common 
carriers or users of the service.



Sec. 22.1005  Priority of service.

    Facilities in the Offshore Radiotelephone Service are intended 
primarily for rendition of public message service between offshore 
subscriber and central stations. However, they may also be used to 
render private leased line communication service, provided that such 
usage does not reduce or impair the extent or quality of communication 
service which would be available, in the absence of private leased line 
service, to the general public receiving or subsequently requesting 
public message service from an offshore central station.



Sec. 22.1007  Channels for offshore radiotelephone systems.

    The channels listed in this section are allocated for paired 
assignment to transmitters located in the specified

[[Page 202]]

geographical zones that provide offshore radiotelephone service. All 
channels have a bandwidth of 20 kHz and are designated by their center 
frequencies in MegaHertz.
    (a) Zone A--Southern Louisiana. The geographical area in Zone A is 
bounded as follows:

    From longitude W.87[deg]45[min] on the East to longitude 
W.94[deg]00[min] on the West and from the 4.8 kilometer (3 mile) limit 
along the Gulf of Mexico shoreline on the North to the limit of the 
Outer Continental Shelf on the South.

    (1) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for voice-grade general 
communications:

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.025......................  491.025      488.225.........  491.225
488.050......................  491.050      488.250.........  491.250
488.075......................  491.075      488.275.........  491.275
488.100......................  491.100      488.300.........  491.300
488.125......................  491.125      488.325.........  491.325
488.150......................  491.150      488.350.........  491.350
488.175......................  491.175      488.375.........  491.375
488.200......................  491.200      488.400.........  491.400
------------------------------------------------------------------------

    (2) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for voice-grade general 
communications and private line service:

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.425......................  491.425      488.575.........  491.575
488.450......................  491.450      488.600.........  491.600
488.475......................  491.475      488.625.........  491.625
488.500......................  491.500      488.650.........  491.650
488.525......................  491.525      488.675.........  491.675
488.550......................  491.550      488.700.........  491.700
------------------------------------------------------------------------

    (3) These channels may be assigned for use by relay stations in 
systems where it would be impractical to provide offshore radiotelephone 
service without the use of relay stations.

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.725......................  491.725      488.775.........  491.775
488.750......................  491.750      488.800.........  491.800
------------------------------------------------------------------------

    (4) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for emergency communications 
involving protection of life and property.

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
488.825......................  491.825      488.875.........  491.875
488.850......................  491.850      488.900.........  491.900
------------------------------------------------------------------------

    (5) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for emergency auto alarm and voice 
transmission pertaining to emergency conditions only.

------------------------------------------------------------------------
                        Central              Subscriber
------------------------------------------------------------------------
                488.950................  491.950
------------------------------------------------------------------------

    (6) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for emergency shut-off remote 
control telemetry, environmental data acquisition and disseminations, or 
facsimile transmissions.

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
489.000......................  492.000      489.200.........  492.200
489.025......................  492.025      489.225.........  492.225
489.050......................  492.050      489.250.........  492.250
489.075......................  492.075      489.275.........  492.275
489.100......................  492.100      489.300.........  492.300
489.125......................  492.125      489.325.........  492.325
489.150......................  492.150      489.350.........  492.350
489.175......................  492.175      489.375.........  492.375
------------------------------------------------------------------------

    (7) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for private line service:

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
489.400......................  492.400      489.725.........  492.725
489.425......................  492.425      489.750.........  492.750
489.450......................  492.450      489.775.........  492.775
489.475......................  492.475      489.800.........  492.800
489.500......................  492.500      489.825.........  492.825
489.525......................  492.525      489.850.........  492.850
489.550......................  492.550      489.875.........  492.875
489.575......................  492.575      489.900.........  492.900
489.600......................  492.600      489.925.........  492.925
489.625......................  492.625      489.950.........  492.950
489.650......................  492.650      489.975.........  492.975
489.675......................  492.675      490.000.........  493.000
489.700......................  492.700
------------------------------------------------------------------------

    (8) Interstitial channels. Interstitial channels are those with 
center frequencies offset by 12.5 kHz from the 
listed center frequencies. The FCC may

[[Page 203]]

assign interstitial channels to offshore stations in Zone A subject to 
the following conditions:
    (i) Offshore stations transmitting on interstitial channels must be 
located east of W.92[deg] longitude.
    (ii) Operations on interstitial channels are considered to be 
secondary to operations on channels with the listed center frequencies.
    (iii) Offshore stations operating on interstitial channels must be 
used only for voice grade general communications or to provide for 
private line service.

    Note to paragraph (a) of Sec. 22.1007: These channels are contained 
in UHF TV Channel 17.

    (b) Zone B--Southern Louisiana--Texas. (1) The geographical area in 
Zone B is bounded as follows:

    From longitude W.87[deg]45[min] on the East to longitude 
W.95[deg]00[min] on the West and from the 4.8 kilometer (3 mile) limit 
along the Gulf of Mexico shoreline on the North to the limit of the 
Outer Continental Shelf on the South.

    (2) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for voice-grade general 
communications and private line service:

------------------------------------------------------------------------
           Central              Subscriber       Central      Subscriber
------------------------------------------------------------------------
485.025......................  482.025      486.025.........  483.025
485.050......................  482.050      486.050.........  483.050
485.075......................  482.075      486.075.........  483.075
485.100......................  482.100      486.100.........  483.100
485.125......................  482.125      486.125.........  483.125
485.150......................  482.150      485.150.........  483.150
485.175......................  482.175      486.175.........  483.175
485.200......................  482.200      486.200.........  483.200
485.225......................  482.225      486.225.........  483.225
485.250......................  482.250      486.250.........  483.250
485.275......................  482.275      486.275.........  483.275
485.300......................  482.300      486.300.........  483.300
485.325......................  482.325      486.325.........  483.325
485.350......................  482.350      486.350.........  483.350
485.375......................  482.375      486.375.........  483.375
485.400......................  482.400      486.400.........  483.400
485.425......................  482.425      486.425.........  483.425
485.450......................  482.450      486.450.........  483.450
485.475......................  482.475      486.475.........  483.475
485.500......................  482.500      486.500.........  483.500
485.525......................  482.525      486.525.........  483.525
485.550......................  482.550      484.550.........  483.550
485.575......................  482.575      486.575.........  483.575
485.600......................  482.600      486.600.........  483.600
485.625......................  482.625      486.625.........  483.625
485.650......................  482.650      486.650.........  483.650
485.675......................  482.675      486.675.........  483.675
485.700......................  482.700      486.700.........  483.700
485.725......................  482.725      486.725.........  483.725
485.750......................  482.750      486.750.........  483.750
485.775......................  482.775      486.775.........  483.775
485.800......................  482.800      486.800.........  483.800
485.825......................  482.825      486.825.........  483.825
485.850......................  482.850      486.850.........  483.850
485.875......................  482.875      486.875.........  483.875
485.900......................  482.900      486.900.........  483.900
485.925......................  482.925      486.925.........  483.925
485.950......................  482.950      486.950.........  483.950
485.975......................  482.975      486.975.........  483.975
486.000......................  483.000      487.050.........  480.050
------------------------------------------------------------------------


    Note to paragraph (b) of Sec. 22.1007: These channels are contained 
in UHF TV Channel 16.

    (c) Zone C--Southern Texas. The geographical area in Zone C is 
bounded as follows:

    Longitude W.94[deg]00[min] on the East, the 4.8 kilometer (3 mile) 
limit on the North and West, a 282 kilometer (175 mile) radius from the 
reference point at Linares, N.L., Mexico on the Southwest, latitude 
N.26[deg]00[min] on the South, and the limits of the outer continental 
shelf on the Southeast.

    (1) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for emergency auto alarm and voice 
transmission pertaining to emergency conditions only.

------------------------------------------------------------------------
                        Central              Subscriber
------------------------------------------------------------------------
                476.950................  479.950
------------------------------------------------------------------------

    (2) These channels may be assigned for use by offshore central 
(base/fixed) or subscriber stations (fixed, temporary fixed, surface 
and/or airborne mobile) as indicated, for voice-grade general 
communications and private line service:

476.025                              479.025
476.050                              479.050
476.075                              479.075
476.100                              479.100
476.125                              479.125
476.150                              479.150
476.175                              479.175
476.200                              479.200
476.225                              479.225
476.250                              479.250
476.275                              479.275
476.300                              479.300
476.325                              479.325
476.350                              479.350
476.375                              479.375
476.400                              479.400
476.425                              479.425
476.450                              479.450
476.475                              479.475

[[Page 204]]

 
476.500                              479.500
476.525                              479.525
476.550                              479.550
476.575                              479.575
476.600                              479.600
476.625                              479.625
476.650                              479.650
476.675                              479.675
476.700                              479.700
476.725                              479.725
476.750                              479.750
476.775                              479.775
476.800                              479.800
476.825                              479.825
476.850                              479.850
476.875                              479.875
476.900                              479.900
477.000                              480.000
477.025                              480.025
477.075                              480.075
477.100                              480.100
477.125                              480.125
477.150                              480.150
477.175                              480.175
477.200                              480.200
477.225                              480.225
477.250                              480.250
477.275                              480.275
477.300                              480.300
477.325                              480.325
477.350                              480.350
477.375                              480.375
477.400                              480.400
477.425                              480.425
477.450                              480.450
477.475                              480.475
477.500                              480.500
477.525                              480.525
477.550                              480.550
477.575                              480.575
477.600                              480.600
477.625                              480.625
477.650                              480.650
477.675                              480.675
477.700                              480.700
477.725                              480.725
477.750                              480.750
477.775                              480.775
477.800                              480.800
477.825                              480.825
477.850                              480.850
477.875                              480.875
477.900                              480.900
477.925                              480.925
477.950                              480.950
477.975                              480.975
 


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



Sec. 22.1009  Transmitter locations.

    The rules in this section establish limitations on the locations 
from which stations in the Offshore Radiotelephone Service may transmit.
    (a) All stations. Offshore stations must not transmit from locations 
outside the boundaries of the appropriate zones specified in Sec. 
22.1007. Offshore stations must not transmit from locations within 241 
kilometers (150 miles) of any full-service television station that 
transmits on the TV channel containing the channel on which the offshore 
station transmits.
    (b) Airborne subscriber stations. Airborne subscriber stations must 
not transmit from altitudes exceeding 305 meters (1000 feet) above mean 
sea level. Airborne mobile stations in Zone A must not transmit from 
locations within 129 kilometers (80 miles) of Lake Charles, Louisiana. 
Airborne mobile stations in Zone B must not transmit from locations 
within 129 kilometers (80 miles) of Lafayette, Louisiana. Airborne 
mobile stations in Zone C must not transmit from locations within 129 
kilometers (80 miles) of Corpus Christi or locations within 129 
kilometers (80 miles) of Houston, Texas.



Sec. 22.1011  Antenna height limitations.

    The antenna height of offshore stations must not exceed 61 meters 
(200 feet) above mean sea level. The antenna height of offshore surface 
mobile stations must not exceed 10 meters (30 feet) above the waterline.



Sec. 22.1013  Effective radiated power limitations.

    The effective radiated power (ERP) of transmitters in the Offshore 
Radiotelephone Service must not exceed the limits in this section.
    (a) Maximum power. The ERP of transmitters in this service must not 
exceed 1000 Watts under any circumstances.
    (b) Mobile transmitters. The ERP of mobile transmitters must not 
exceed 100 Watts. The ERP of mobile transmitters, when located within 32 
kilometers (20 miles) of the 4.8 kilometer (3 mile) limit, must not 
exceed 25 Watts. The ERP of airborne mobile stations must not exceed 1 
Watt.
    (c) Protection for TV Reception. The ERP limitations in this 
paragraph are intended to reduce the likelihood that interference to 
television reception from offshore radiotelephone operations will occur.

[[Page 205]]

    (1) Co-channel protection. The ERP of offshore stations must not 
exceed the limits in Table I-1 of this section. The limits depend upon 
the height above mean sea level of the offshore transmitting antenna and 
the distance between the antenna location of the offshore transmitter 
and the antenna location of the main transmitter of the nearest full-
service television station that transmits on the TV channel containing 
the channel on which the offshore station transmits.
    (2) Adjacent channel protection. The ERP of offshore stations 
located within 128.8 kilometers (80 miles) of the main transmitter 
antenna of a full service TV station that transmits on a TV channel 
adjacent to the TV channel which contains the channel on which the 
offshore station transmits must not exceed the limits in the Table I-2 
of Sec. 22.1015. The limits depend upon the height above mean sea level 
of the offshore transmitting antenna and the distance between the 
location of the offshore transmitter and the 4.8 kilometer (3 mile) 
limit.

                     Table I-1--Maximum ERP (Watts)
------------------------------------------------------------------------
                                                  30       45       61
                                                meters   meters   meters
                   Distance                      (100     (150     (200
                                                feet)    feet)    feet)
------------------------------------------------------------------------
338 km (210 mi)..............................     1000     1000     1000
330 km (205 mi)..............................     1000      900      800
2 km (200 mi)................................      800      710      630
314 km (195 mi)..............................      590      520      450
306 km (190 mi)..............................      450      400      330
298 km (185 mi)..............................      320      280      240
290 km (180 mi)..............................      250      210      175
282 km (175 mi)..............................      180      150      130
274 km (170 mi)..............................      175      110      100
266 km (165 mi)..............................       95       80       70
258 km (160 mi)..............................       65       55       50
249 km (155 mi)..............................       50       40       35
241 km (150 mi)..............................       35       30       25
------------------------------------------------------------------------



Sec. 22.1015  Repeater operation.

    Offshore central stations may be used as repeater stations provided 
that the licensee is able to maintain control of the station, and in 
particular, to turn the transmitter off, regardless of whether 
associated subscriber stations are transmitting at the time.

                     Table I-2--Maximum ERP (Watts)
------------------------------------------------------------------------
                                                           30       61
                                                         meters   meters
         Distance from the 4.8 km (3 mi) limit            (100     (200
                                                         feet)    feet)
------------------------------------------------------------------------
6.4 km (4 mi).........................................       25        6
8.0 km (5 mi).........................................       40       10
9.7 km (6 mi).........................................       65       15
11.3 km (7 mi)........................................      100       25
12.9 km (8 mi)........................................      150       35
14.5 km (9 mi)........................................      215       50
16.1 km (10 mi).......................................      295       70
17.7 km (11 mi).......................................      400      100
19.3 km (12 mi).......................................      530      130
20.9 km (13 mi).......................................      685      170
22.5 km (14 mi).......................................      870      215
24.1 km (15 mi).......................................     1000      270
25.7 km (16 mi).......................................     1000      415
27.4 km (17 mi).......................................     1000      505
29.0 km (18 mi).......................................     1000      610
30.6 km (19 mi).......................................     1000      730
32.2 km (20 mi).......................................     1000      865
33.8 km (21 mi).......................................     1000     1000
------------------------------------------------------------------------



Sec. 22.1025  Permissible communications.

    Offshore central stations must communicate only with subscriber 
stations (fixed, temporary-fixed, mobile and airborne). Offshore 
subscriber stations must normally communicate only with and through 
offshore central stations. Stations in the Offshore Radiotelephone 
Service may communicate through relay stations authorized in this 
service.



Sec. 22.1031  Temporary fixed stations.

    The FCC may, upon proper application therefor, authorize the 
construction and operation of temporary fixed stations in the Offshore 
Radiotelephone service to be used only when the service of permanent 
fixed stations is disrupted by storms or emergencies or is otherwise 
unavailable.
    (a) Six month limitation. If it is necessary for a temporary fixed 
station to remain at the same location for more than six months, the 
licensee of that station must apply for authorization to operate the 
station at the specific location at least 30 days before the end of the 
six month period.
    (b) International communications. Communications between the United 
States and Mexico must not be carried using a temporary fixed station 
without prior authorization from the FCC. Licensees desiring to carry 
such communications should apply sufficiently

[[Page 206]]

in advance to allow for the time necessary to coordinate with Canada or 
Mexico.



Sec. 22.1035  Construction period.

    The construction period (see Sec. 22.142) for offshore stations is 
18 months.



Sec. 22.1037  Application requirements for offshore stations.

    Applications for new Offshore Radiotelephone Service stations must 
contain an exhibit showing that:
    (a) The applicant has notified all licensees of offshore stations 
located within 321.8 kilometers (200 miles) of the proposed offshore 
station, by providing the following data, at least 30 days before filing 
the application:
    (1) The name, business address, channel coordinator, and telephone 
number of the applicant;
    (2) The location and geographical coordinates of the proposed 
station;
    (3) The channel and type of emission;
    (4) The height and type of antenna;
    (5) The bearing of the main lobe of the antenna; and,
    (6) The effective radiated power.
    (b) The proposed station will not interfere with the primary ORS 
channels by compliance with the following separations:
    (1) Co-channel to a distance of 241.4 kilometers (150 miles).
    (2) If interstitial channels are used, adjacent channels (12.5 kHz) to a distance of 80.5 kilometers (50 miles).
    (3) Third order intermodulation channels (12.5 
kHz) to a distance of 32.2 kilometers (20 miles).
    (4) If the proposed transmitting antenna site is located west of 
longitude W.93[deg]40[min], and within 32.2 kilometers (20 miles) of the 
shoreline, and proposed use of the channels listed in Sec. 22.1007(b), 
no third-order intermodulation interference would be caused to any base 
or mobile station using the channels between 488 and 494 MHz.



   Subpart J_Required New Capabilities Pursuant to the Communications 
               Assistance for Law Enforcement Act (CALEA)

    Source: 64 FR 51717, Sept. 24, 1999, unless otherwise noted.



Sec. 22.1100  Purpose.

    Pursuant to the Communications Assistance for Law Enforcement Act 
(CALEA), Public Law 103-414, 108 Stat. 4279 (1994) (codified as amended 
in sections of 18 U.S.C. and 47 U.S.C.), this subpart contains rules 
that require a cellular telecommunications carrier to implement certain 
capabilities to ensure law enforcement access to authorized 
communications or call-identifying information.



Sec. 22.1101  Scope.

    The definitions included in this subpart shall be used solely for 
the purpose of implementing CALEA requirements.



Sec. 22.1102  Definitions.

    Call identifying information. Call identifying information means 
dialing or signaling information that identifies the origin, direction, 
destination, or termination of each communication generated or received 
by a subscriber by means of any equipment, facility, or service of a 
telecommunications carrier. Call identifying information is ``reasonably 
available'' to a carrier if it is present at an intercept access point 
and can be made available without the carrier being unduly burdened with 
network modifications.
    Collection function. The location where lawfully authorized 
intercepted communications and call-identifying information is collected 
by a law enforcement agency (LEA).
    Content of subject-initiated conference calls. Capability that 
permits a LEA to monitor the content of conversations by all parties 
connected via a conference call when the facilities under surveillance 
maintain a circuit connection to the call.
    Destination. A party or place to which a call is being made (e.g., 
the called party).

[[Page 207]]

    Dialed digit extraction. Capability that permits a LEA to receive on 
the call data channel digits dialed by a subject when a call is 
connected to another carrier's service for processing and routing.
    Direction. A party or place to which a call is re-directed or the 
party or place from which it came, either incoming or outgoing (e.g., a 
redirected-to party or redirected-from party).
    In-band and out-of-band signaling. Capability that permits a LEA to 
be informed when a network message that provides call identifying 
information (e.g., ringing, busy, call waiting signal, message light) is 
generated or sent by the IAP switch to a subject using the facilities 
under surveillance. Excludes signals generated by customer premises 
equipment when no network signal is generated.
    Intercept Access Point (IAP). Intercept access point is a point 
within a carrier's system where some of the communications or call-
identifying information of an intercept subject's equipment, facilities, 
and services are accessed.
    J-STD-025. The interim standard developed by the Telecommunications 
Industry Association and the Alliance for Telecommunications Industry 
Solutions for wireline, cellular, and broadband PCS carriers. This 
standard defines services and features to support lawfully authorized 
electronic surveillance, and specifies interfaces necessary to deliver 
intercepted communications and call-identifying information to a LEA.
    LEA. Law enforcement agency; e.g., the Federal Bureau of 
Investigation or a local police department.
    Origin. A party initiating a call (e.g., a calling party), or a 
place from which a call is initiated.
    Party hold, join, drop on conference calls. Capability that permits 
a LEA to identify the parties to a conference call conversation at all 
times.
    Subject-initiated dialing and signaling information. Capability that 
permits a LEA to be informed when a subject using the facilities under 
surveillance uses services that provide call identifying information, 
such as call forwarding, call waiting, call hold, and three-way calling. 
Excludes signals generated by customer premises equipment when no 
network signal is generated.
    Termination. A party or place at the end of a communication path 
(e.g. the called or call-receiving party, or the switch of a party that 
has placed another party on hold).
    Timing information. Capability that permits a LEA to associate call-
identifying information with the content of a call. A call-identifying 
message must be sent from the carrier's IAP to the LEA's Collection 
Function within eight seconds of receipt of that message by the IAP at 
least 95% of the time, and with the call event time-stamped to an 
accuracy of at least 200 milliseconds.

[64 FR 51717, Sept. 24, 1999, as amended at 67 FR 22007, May 2, 2002]



Sec. 22.1103  Capabilities that must be provided by a cellular 
telecommunications carrier.

    (a) Except as provided under paragraph (b) of this section, as of 
June 30, 2000, a cellular telecommunications carrier shall provide to a 
LEA the assistance capability requirements of CALEA, see 47 U.S.C. 1002. 
A carrier may satisfy these requirements by complying with publicly 
available technical requirements or standards adopted by an industry 
association or standard-setting organization, such as J-STD-025.
    (b) As of November 19, 2001, a cellular telecommunications carrier 
shall provide to a LEA communications and call-identifying information 
transported by packet-mode communications.
    (c) As of June 30, 2002, a cellular telecommunications carrier shall 
provide to a LEA the following capabilities:
    (1) Content of subject-initiated conference calls;
    (2) Party hold, join, drop on conference calls;
    (3) Subject-initiated dialing and signaling information;
    (4) In-band and out-of-band signaling;
    (5) Timing information;
    (6) Dialed digit extraction, with a toggle feature that can 
activate/deactivate this capability.

[64 FR 51717, Sept. 24, 1999, as amended at 67 FR 22007, May 2, 2002]

[[Page 208]]



PART 23_INTERNATIONAL FIXED PUBLIC RADIOCOMMUNICATION SERVICES--Table 
of Contents




                          Fixed Public Services

Sec.
23.1 Definitions.
23.11 Use of radiotelephone emissions by radiotelegraph stations.
23.12 Use of radiotelegraph emissions by radiotelephone stations.
23.13 Types of emission.
23.14 Emission, bandwidth, modulation and transmission characteristics.
23.15 Emission limitations.
23.16 Frequency tolerances.
23.17 Frequency measurement.
23.18 Authorization of power.
23.19 Use of directional antennas.
23.20 Assignment of frequencies.
23.21 Communications by international control stations.
23.23 Use of frequencies for radiotelegraph communication within the 
          continental United States.
23.24 Correspondents and points of communication.
23.25 Points of communication, limitations.
23.26 Use of transmitters.
23.27 Experimental research.
23.28 Special temporary authorization.
23.29 License period and expiration time.
23.31 Period of construction.
23.32 Equipment and service tests.
23.35 Compliance with tariff requirements.
23.36 Posting of license.
23.37 Station identification.
23.38 Experimental points of communication, limitations.
23.39 Antenna structures.
23.40 [Reserved]
23.41 Quarterly report of frequency usage.
23.42 License, simultaneous modification and renewal.
23.43 Maintenance tests of licensed stations.
23.44 Station inspection.
23.45 Operator license, posting of.
23.46 Operators, class required and general duties.
23.47 Station records.
23.48 Content of station records.
23.49 Discontinuance of operation.
23.50 Place of filing applications; fees and number of copies.
23.51 Addressed program material.
23.52 Mobile stations, transmission simultaneously to.
23.53 Addressed press and meteorological services.
23.54 Use of double sideband radiotelephone.
23.55 Equal employment opportunities.

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082 as amended; 47 U.S.C. 
154, 303. Interpret or apply sec. 301, 48 Stat. 1081; 47 U.S.C. 301.

    Source: 28 FR 13032, Dec. 5, 1963, as amended at 36 FR 2562, Feb. 6, 
1971, unless otherwise noted.

                          Fixed Public Services



Sec. 23.1  Definitions.

    Assigned frequency. The frequency coinciding with the center of an 
authorized bandwidth of emission.
    Authorized bandwidth. The maximum bandwidth authorized to be used by 
a station as specified in the station license. This shall be occupied 
bandwidth or necessary bandwidth, whichever is greater.
    Authorized reference frequency. A frequency having a fixed and 
specific position with respect to the assigned frequency.
    Authorized service. The term ``authorized service'' of a point-to-
point radiotelegraph or radiotelephone station means the transmission of 
public correspondence to a point of communication as defined herein 
subject to such special provisions as may be contained in the license of 
the station or in accordance with Sec. 23.53.
    Fixed public service. The term ``fixed public service'' means a 
radiocommunication service carried on between fixed stations open to 
public correspondence.
    Fixed public press service. The term ``fixed public press service'' 
means a limited radio communication service carried on between point-to-
point telegraph stations, consisting of transmissions by fixed stations 
open to limited public correspondence, of news items, or other material 
related to or intended for publication by press agencies, newspapers, or 
for public dissemination. In addition, these transmissions may be 
directed to one or more fixed points specifically named in a station 
license, or to unnamed points in accordance with the provisions of Sec. 
23.53.

    Note: This section is not intended as a definition of any press 
classification. Correspondence admissible under any press classification 
is determined by the tariffs of the various common carriers on file with 
the Commission.

    Fixed station. The term ``fixed station'' in the fixed public or 
fixed public press service includes all apparatus used in

[[Page 209]]

rendering the authorized service at a particular location under a single 
instrument of authorization.
    Frequency tolerance. The maximum permissible departure by the center 
frequency of the frequency band occupied by an emission from the 
assigned frequency or by the carrier, or suppressed carrier, from the 
reference frequency.
    International fixed public radiocommunication service. A fixed 
service, the stations of which are open to public correspondence and 
which, in general, is intended to provide radiocommunication between any 
one of the contiguous 48 states (including the District of Columbia) and 
the State of Alaska, or the State of Hawaii, or any U.S. possession or 
any foreign point; or between any U.S. possession and any other point; 
or between the State of Alaska and any other point; or between the State 
of Hawaii and any other point. In addition, radiocommunications within 
the contiguous 48 states (including the District of Columbia) in 
connection with the relaying of international traffic between stations 
which provide the above service, are also deemed to be the international 
fixed public radiocommunications service; provided, however, that 
communications solely between Alaska, or any one of the contiguous 48 
states (including the District of Columbia), and either Canada or Mexico 
are not deemed to be in the international fixed public 
radiocommunication service when such radiocommunications are transmitted 
on frequencies above 72 MHz.
    International fixed public control service. A fixed service carried 
on for the purpose of communicating between transmitting stations, 
receiving stations, message centers or control points in the 
international fixed public radiocommunication service.
    Occupied bandwidth. The frequency bandwidth such that, below its 
lower and above its upper frequency limits, the mean powers radiated are 
each equal to 0.5 percent of the total mean power radiated by a given 
emission.
    Point-to-point telegraph station. The term ``point-to-point 
telegraph station'' means a fixed station authorized for radiotelegraph 
communication.
    Point-to-point telephone station. The term ``point-to-point 
telephone station'' means a fixed station authorized for radiotelephone 
communication.
    Point of communication. The term ``point of communication'' means a 
specific location designated in the license to which a station is 
authorized to communicate for the transmission of public correspondence.
    Radiotelegraph. The term ``radiotel egraph'' as used in this part 
shall be construed to include types N0N, A1A, A2A, A3C, F1B, F2B, and 
F3C emission.
    Radiotelephone. The term ``radiotelephone'' as used in this part, 
with respect to operation on frequencies below 30 MHz, means a system of 
radiocommunication for the transmission of speech or, in some cases, 
other sounds by means of amplitude modulation including double sideband 
(A3E), single sideband (R3E, H3E, J3E) or independent sideband (B3E) 
transmission.

[38 FR 22478, Aug. 21, 1973, as amended at 49 FR 48701, Dec. 14, 1984]



Sec. 23.11  Use of radiotelephone emissions by radiotelegraph stations.

    The licensee of a radiotelegraph station, using frequencies below 30 
MHz, may be authorized to use radiotelephone emissions as defined in 
Sec. 23.1 for the following purposes:
    (a) Transmission of addressed program material as set forth in Sec. 
23.51.
    (b) Controlling the transmission or reception of addressed program 
material
    (c) Controlling the transmission or reception of facsimile material.

[28 FR 13032, Dec. 5, 1963, as amended at 36 FR 2562, Feb. 6, 1971; 38 
FR 22479, Aug. 21, 1973]



Sec. 23.12  Use of radiotelegraph emissions by radiotelephone stations.

    The licensee of a point-to-point radiotelephone station may be 
authorized to use type N0N, A1A, A2A, F1B, or F2B emission for 
identification, for test purposes or for the exchange of service 
messages.

[49 FR 48701, Dec. 14, 1984]

[[Page 210]]



Sec. 23.13  Types of emission.

    Stations in the international fixed public radiocommunication 
services may be authorized to use any of the types of emission or 
combinations thereof, described in part 2 of this chapter, as well as 
new types which may be developed: Provided, That harmful interference to 
adjacent operations is not caused thereby, And provided further, That 
the intelligence to be transmitted will use the bandwidth requested to a 
degree of efficiency compatible with the current state of the art. A 
determination of the possibilities of interference will be made as 
outlined in Sec. 23.20. In certain cases frequencies or emissions may 
be authorized on a temporary basis to determine if interference will 
occur. During normal operations, emissions shall be centered about an 
assigned frequency. Non-centered emissions may be employed for short 
periods of time as needed to avoid interfering signals or meet 
fluctuating traffic loading: Provided, That the occupied bandwidth of 
these emissions be contained within the authorized bandwidth, And 
provided further, That prior to any such use, the Commission be notified 
of the reference frequency or frequencies proposed to be used in lieu of 
the assigned frequency.

[38 FR 22479, Aug. 21, 1973]



Sec. 23.14  Emission, bandwidth, modulation and transmission characteristics.

    In the services under this part emissions are designated by their 
classification and their necessary bandwidth in accordance with the 
following procedures:
    (a) Designation of emissions in applications. In applying for new 
frequency assignments for emissions not presently authorized, the 
emissions proposed to be used shall be described and their bandwidths 
specified as outlined in part 2 of this chapter.
    (b) Designation of emissions in authorizations. The emission 
designations used in authorizations will indicate only the maximum value 
of the necessary bandwidth for each type of modulation authorized.
    (c) New types of emissions. If application is made for a type of 
emission not covered by part 2 of this chapter, a full description of 
the emission must be provided and, if possible, measurements of its 
occupied bandwidth.

[38 FR 22479, Aug. 21, 1973, as amended at 49 FR 48701, Dec. 14, 1984]



Sec. 23.15  Emission limitations.

    (a) For all transmitters placed into operation after September 19, 
1973, and for all transmitters after September 19, 1975, which operate 
on frequencies below 30 MHz:
    (1) The occupied bandwidth of emission shall be confined within the 
least possible spectrum space consistent with the state of the art and 
the required quality of transmission, and in no event shall be more than 
the authorized bandwidth.
    (2) Spurious emissions of transmitters of mean power of 50 kilowatts 
or less shall be attenuated at least 40 decibels below the mean power of 
the fundamental without exceeding the power of 50 milliwatts.
    (3) Spurious emissions of transmitters of mean power exceeding 50 
kilowatts shall be attenuated at least 60 decibels below the mean power 
of the fundamental and every effort should be made to keep the level of 
spurious emissions below the power of 50 milliwatts.
    (b) For all transmitters placed into operation after September 19, 
1973, and for all transmitters after September 19, 1975, which operate 
on frequencies above 30 MHz, the mean powers of emissions shall be 
attenuated below the mean output power of the transmitter in accordance 
with the following schedule:
    (1) On any frequency removed from the assigned frequency by more 
than 50 percent up to and including 100 percent of the authorized 
bandwidth: At least 25 decibels;
    (2) On any frequency removed from the assigned frequency by more 
than 100 percent up to and including 250 percent of the authorized 
bandwidth: at least 35 decibels;
    (3) On any frequency removed from the assigned frequency by more 
than

[[Page 211]]

250 percent of the authorized bandwidth: at least 43 plus 10 log (mean 
output power in watts) decibels, or 80 decibels, whichever is the lesser 
attenuation.
    (c) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than that specified in this section.

[38 FR 22479, Aug. 21, 1973; 38 FR 24901, Sept. 11, 1973]



Sec. 23.16  Frequency tolerances.

    (a) The frequency tolerance for stations in the International Fixed 
Public Radiocommunications Services shall be maintained as prescribed in 
the following table:

------------------------------------------------------------------------
                                                   Tolerances applicable
                                                    to new transmitters
                                                      installed after
                                                    September 19, 1973,
                                                        and to all
                 Frequency range                    transmitters after
                                                    September 19, 1975
                                                 -----------------------
                                                               Parts per
                                                    Percent     million
------------------------------------------------------------------------
10 to 50 kHz....................................          .1        1000
50 to 535 kHz...................................         .02         200
1605 to 30,000 kHz..............................       .0015          15
30 to 50 MHz....................................        .002          20
50 to 000 MHz...................................       .0005           5
1000 to 1850 MHz................................        .001          10
1850 to 1990 MHz................................         .02         200
1990 to 2500 MHz................................        .001          10
2500 to 10,500 MHz..............................         .03         300
10,500 to 40,000 MHz............................         .05         500
------------------------------------------------------------------------

    (b) Until September 19, 1975, the frequency tolerance of 
transmitters installed at stations in these services before September 
19, 1973, and operating within the frequency bands set forth below, 
shall be maintained within the following limits:

------------------------------------------------------------------------
                                                               Tolerance
                       Frequency range                         (percent)
------------------------------------------------------------------------
10 to 50 kHz................................................         0.1
50 to 535 kHz...............................................        0.02
1605 to 30000 kHz...........................................       0.003
Above 30 MHz................................................       (\1\)
------------------------------------------------------------------------
\1\ As set forth in the radio station license.


[38 FR 27386, Oct. 3, 1973]



Sec. 23.17  Frequency measurement.

    Each station shall provide for the measurement of all frequencies 
assigned thereto, and establish a procedure for checking them regularly. 
These measurements shall be made by means independent of the frequency 
control of the transmitter and shall be of accuracy sufficient to detect 
deviation from the assigned frequency within one-half of the allowed 
tolerance. A record shall be kept of the results and dates of all 
frequency measurements.

[38 FR 22480, Aug. 21, 1973]



Sec. 23.18  Authorization of power.

    (a) Authorized power. Power, when designated in the respective 
station license for a particular transmitter or transmitters, is peak 
envelope power for transmitters having full, unkeyed carrier, single 
sideband or independent sideband emissions, and mean power for 
transmitters having other emissions, unless specifically expressed 
otherwise. Designation of effective radiated power may appear in the 
station license in addition to designation of power for a transmitter or 
transmitters, when deemed necessary by the Commission.
    (b) Use of minimum power. In the interest of avoiding interference 
to other operations, all stations shall radiate only as much power as is 
necessary to ensure a satisfactory service.

[38 FR 22480, Aug. 21, 1973]



Sec. 23.19  Use of directional antennas.

    Insofar as is practicable, directional antennas, of type consistent 
with the current state of art, shall be used on all circuits for both 
transmitting and receiving.

[38 FR 22480, Aug. 21, 1973]



Sec. 23.20  Assignment of frequencies.

    (a) Only those frequencies which are in accordance with Sec. 2.106 
of this chapter may be authorized for use by stations in the Fixed 
Public and Fixed Public Press Services. Selection of specific 
frequencies within such bands shall be made by the applicants therefor. 
After an application has been filed with the Commission for a particular 
frequency, its availability for assignment as requested will be 
determined by a study of the probabilities of interference to and from 
existing services

[[Page 212]]

assigned on the same or adjacent frequencies and, if necessary, by 
coordination with other agencies utilizing frequencies in these ranges. 
The applicant will be notified of the results of such study and 
coordination. All new assignments of frequencies may be made subject to 
certain conditions as may be required to minimize the possibility of 
harmful interference to existing services.
    (b) In order to minimize possible harmful interference at the 
National Radio Astronomy Observatory site located at Green Bank, 
Pocahontas County, West Virginia, and at the Naval Radio Research 
Observatory site at Sugar Grove, Pendleton County, West Virginia, any 
applicant for a station authorization other than mobile, temporary base, 
temporary fixed, Personal Radio, Civil Air Patrol, or Amateur seeking a 
station license for a new station, a construction permit to construct a 
new station or to modify an existing station license in a manner which 
would change either the frequency, power, antenna height or directivity, 
or location of such a station within the area bounded by 39[deg]15[min] 
N. on the north, 78[deg]30[min] W. on the east, 37[deg]30[min] N. on the 
south and 80[deg]30[min] W. on the west shall, at the time of filing 
such application with the Commission, simultaneously notify the 
Director, National Radio Astronomy Observatory, P. O. Box No. 2, Green 
Bank, West Virginia, 24944, in writing, of the technical particulars of 
the proposed station. Such notification shall include the geographical 
coordinates of the antenna, antenna height, antenna directivity if any, 
proposed frequency, type of emission, and power. In addition, the 
applicant shall indicate in his application to the Commission the date 
notification was made to the Observatory. After receipt of such 
applications, the Commission will allow a period of twenty (20) days for 
comments or objections in response to the notifications indicated. If an 
objection to the proposed operation is received during the twenty day 
period from the National Radio Astronomy Observatory for itself or on 
behalf of the Naval Radio Research Observatory, the Commission will 
consider all aspects of the problem and take whatever action is deemed 
appropriate.
    (c) [Reserved]
    (d) Protection for Table Mountain Radio Receiving Zone, Boulder 
County, Colorado: Applicants for a station authorization to operate in 
the vicinity of Boulder County, Colorado under this part are advised to 
give due consideration, prior to filing applications, to the need to 
protect the Table Mountain Radio Receiving Zone from harmful 
interference. These are the research laboratories of the Department of 
Commerce, Boulder County, Colorado. To prevent degradation of the 
present ambient radio signal level at the site, the Department of 
Commerce seeks to ensure that the field strengths of any radiated 
signals (excluding reflected signals) received on this 728 hectare site 
(in the vicinity of coordinates 40[deg]07[min]50[sec] N Latitude, 
105[deg]14[min]40[sec] W Longitude) resulting from new assignments 
(other than mobile stations) or from the modification or relocation of 
existing facilities do not exceed the following values:

------------------------------------------------------------------------
                                                              Power flux
                                                   Field     density \1\
                                                  strength   (dBW/m \2\)
                Frequency range                  (mV/m) in        in
                                                 authorized   authorized
                                                 bandwidth    bandwidth
                                                 of service   of service
------------------------------------------------------------------------
Below 540 kHz.................................           10         65.8
540 to 1600 Khz...............................           20         59.8
1.6 to 470 MHz................................           10     \2\ 65.8
470 to 890 MHz................................           30     \2\ 56.2
Above 890 MHz.................................            1     \2\ 85.8
------------------------------------------------------------------------
\1\ Equivalent values of power flux density are calculated assuming free
  space characteristic impedance of 376.7=120[pi] ohms.
\2\ Space stations shall conform to the power flux density limits at the
  earth's surface specified in appropriate parts of the FCC rules, but
  in no case should exceed the above levels in any 4 kHz band for all
  angles of arrival.

    (1) Advance consultation is recommended particularly for those 
applicants who have no reliable data which indicates whether the field 
strength or power flux density figures in the above table would be 
exceeded by their proposed radio facilities (except mobile stations). In 
such instances, the following is a suggested guide for determining 
whether coordination is recommended:
    (i) All stations within 2.4 kilometers;
    (ii) Stations within 4.8 kilometers with 50 watts or more effective 
radiated power (ERP) in the primary plane

[[Page 213]]

of polarization in the azimuthal direction of the Table Mountain Radio 
Receiving Zone;
    (iii) Stations within 16.1 kilometers with 1 kW or more ERP in the 
primary plane of polarization in the azimuthal direction of Table 
Mountain Receiving Zone;
    (iv) Stations within 80.5 kilometers with 25 kW or more ERP in the 
primary plane or polarization in the azimuthal direction of Table 
Mountain Receiving Zone.
    (2) Applicants concerned are urged to communicate with the Radio 
Frequency Management Coordinator, Department of Commerce, Research 
Support Services, NOAA R/E5X2, Boulder Laboratories, Boulder, CO 80303; 
telephone (303) 497-6548, in advance of filing their applications with 
the Commission.
    (3) The Commission will not screen applications to determine whether 
advance consultation has taken place. However, applicants are advised 
that such consultation can avoid objections from the Department of 
Commerce or proceedings to modify any authorization which may be granted 
which, in fact, delivers a signal at the site in excess of the field 
strength specified herein.
    (e) Protection for Federal Communications Commission monitoring 
stations:
    (1) Applicants in the vicinity of an FCC monitoring station for a 
radio station authorization to operate new transmitting facilities or 
changed transmitting facilities which would increase the field strength 
produced over the monitoring station over that previously authorized are 
advised to give consideration, prior to filing applications, to the 
possible need to protect the FCC stations from harmful interference. 
Geographical coordinates of the facilities which require protection are 
listed in Sec. 0.121(c) of the Commission's Rules. Applications for 
stations (except mobile stations) which will produce on any frequency a 
direct wave fundamental field strength of greater than 10 mV/m in the 
authorized bandwidth of service (-65.8 dBW/m\2\ 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/m\2\) 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 (e)(2) and (3) of this section.

[[Page 214]]

    (5) The Commission will not screen applications to determine whether 
advance consultation has taken place. However, applicants are advised 
that such consultation can avoid objections from the Federal 
Communications Commission or modification of any authorization which 
will cause harmful interference.
    (f) Any applicant for a new permanent base or fixed station to be 
located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and 
Culebra, or for a modification of an existing authorization which would 
change the frequency, power, antenna height, directivity, or location of 
a station on these islands and would increase the likelihood of the 
authorized facility causing interference, shall notify the Interference 
Office, Arecibo Observatory, Post Office Box 995, Arecibo, Puerto Rico 
00613, in writing or electronically, of the technical parameters of the 
proposal. Applicants may wish to consult interference guidelines, which 
will be provided by Cornell University. Applicants who choose to 
transmit information electronically should e-mail to: [email protected]
    (1) The notification to the Interference Office, Arecibo Observatory 
shall be made prior to, or simultaneously with, the filing of the 
application with the Commission. The notification shall state the 
geographical coordinates of the antenna (NAD-83 datum), antenna height 
above ground, ground elevation at the antenna, antenna directivity and 
gain, proposed frequency and FCC Rule Part, type of emission, effective 
radiated power, and whether the proposed use is itinerant. Generally, 
submission of the information in the technical portion of the FCC 
license application is adequate notification. In addition, the applicant 
shall indicate in its application to the Commission the date 
notification was made to the Arecibo Observatory.
    (2) After receipt of such applications, the Commission will allow 
the Arecibo Observatory a period of 20 days for comments or objections 
in response to the notification indicated. The applicant will be 
required to make reasonable efforts in order to resolve or mitigate any 
potential interference problem with the Arecibo Observatory and to file 
either an amendment to the application or a modification application, as 
appropriate. If the Commission determines that an applicant has 
satisfied its responsibility to make reasonable efforts to protect the 
Observatory from interference, its application may be granted.
    (3) The provisions of this paragraph do not apply to operations that 
transmit on frequencies above 15 GHz.

[28 FR 13032, Dec. 5, 1963, as amended at 42 FR 8329, Feb. 9, 1977; 42 
FR 27894, June 1, 1977; 44 FR 77167, Dec. 31, 1979; 50 FR 39002, Sept. 
26, 1985; 58 FR 44904, Aug. 25, 1993; 61 FR 8477, Mar. 5, 1996; 62 FR 
55530, Oct. 27, 1997]



Sec. 23.21  Communications by international control stations.

    Stations in the international fixed public control service are 
authorized to communicate between transmitting stations, receiving 
stations, message centers or control points operating in the 
international fixed public radiocommunication services for the purpose 
of handling service messages or international traffic between these 
points: Provided, That only traffic originating in or destined to points 
outside the contiguous states may be handled. Frequencies in bands 
designated for international control stations in Part 2 of this chapter 
may be assigned to these stations.

[38 FR 22480, Aug. 21, 1973]



Sec. 23.23  Use of frequencies for radio-telegraph communication within 
the continental United States.

    Licensees of point-to-point radiotelegraph stations may use any 
frequency authorized in a station license for communication between 
designated points within the 48 contiguous states and the District of 
Columbia upon the express condition that the use of any frequency above 
5000 kHz shall be subject to the limitation that no interference shall 
be caused to the international service, or to service with Alaska or 
Hawaii; and in the event such interference is caused the licensee shall 
immediately discontinue the use of the frequency or frequencies 
producing such interference and operation thereon may be conducted only 
at times when such interference will not be caused.

[[Page 215]]



Sec. 23.24  Correspondents and points of communication.

    Each instrument of authorization issued for fixed public or fixed 
public press service shall authorize communication to the points of 
communication and to the organizations, agencies, or persons specified 
therein only, except as provided by Sec. 23.53: Provided, however, That 
in the event of a change in an organization, agency, or person specified 
or a change in the effective control of such organization, agency, or 
person, the licensee shall immediately notify the Commission of such 
change and shall file an application for modification of the instrument 
of authorization: And provided further, That where such change is 
occasioned by reason of circumstances beyond the control of the 
licensee, communication under the then outstanding instrument of 
authorization shall be permitted to continue pending consideration of 
and action upon the application for modification of the instrument of 
authorization.



Sec. 23.25  Points of communication, limitations.

    No point of communication will be regularly authorized in any 
instrument of authorization for fixed public or fixed public press 
service in absence of an adequate showing that public correspondence may 
be transmitted and received from such points, except as provided in 
Sec. 23.53.



Sec. 23.26  Use of transmitters.

    The licensee of a point-to-point radiotelegraph or radiotelephone 
station may use any transmitter of the station for transmission upon any 
frequency assigned to the station for communication with any point of 
communication authorized by the station license: Provided, however, That 
the maximum power authorized for the specific frequency as shown in the 
license is not exceeded.



Sec. 23.27  Experimental research.

    The licensee of a station may be authorized to use a transmitter 
which is licensed for fixed public or fixed public press service for 
experimental research in accordance with the rules and regulations 
governing the experimental service upon the condition that no 
interference will be caused to the public service. Experimental 
(Research) and Experimental (Developmental) Stations authorized to 
operate as point-to-point telegraph or telephone stations shall comply 
with the rules governing fixed public radio services in addition to the 
rules and regulations governing experimental radio services.



Sec. 23.28  Special temporary authorization.

    (a) Requests for special temporary authority must be accompanied by 
a showing that interference will not be caused to the fixed public or 
fixed public press service for which the station is primarily licensed; 
and, in addition, such requests must be accompanied by the following:
    (1) A statement of the call signs, location, and frequencies of the 
transmitting station; The call signs, location, and frequencies of the 
received station; and the type or types of emission to be employed by 
both stations.
    (2) A statement as to whether the frequencies are to be used for 
contact control purposes only.
    (3) A statement of the period for which the temporary authority is 
desired.
    (4) A statement describing the service which is to be rendered.
    (b) Temporary authorizations of operation not to exceed 180 days may 
be granted under the standards of section 309(f) of the Communications 
Act where extraordinary circumstances so require. Extensions of the 
temporary authorizations for a period of 180 days may also be granted, 
but the renewal applicant bears a heavy burden to show that 
extraordinary circumstances warrant such an extension.
    (c) Each application proposing construction of one or more new 
antenna structures or alteration of the overall height of one or more 
existing antenna structures, where FAA notification prior to such 
construction or alteration is required by part 17 of this chapter, must 
include the FCC Antenna Structure Registration Number(s) for the 
affected structure(s). If no such number has been assigned at the time 
the application(s) is filed, the applicant must state in the application

[[Page 216]]

whether the owner has notified the FAA of the proposed construction or 
alteration and applied to the FCC for an Antenna Structure Registration 
Number in accordance with part 17 of this chapter. Applications 
proposing construction of one or more new antenna structures or 
alteration of the overall height of one or more existing antenna 
structures, where FAA notification prior to such construction or 
alteration is not required by part 17 of this chapter, must indicate 
such and, unless the structure is 6.10-meters or less above ground level 
(AGL), must contain a statement explaining why FAA notification is not 
required.

[48 FR 27253, June 14, 1983, as amended at 61 FR 4365, Feb. 6, 1996]



Sec. 23.29  License period and expiration time.

    (a) Licenses for stations operating in the fixed public 
radiocommunications services will be issued for a period of 10 years 
unless otherwise stated in the instrument of authorization. The date of 
expiration of such licenses shall be the 1st day of December, and each 
station license will be issued so as to expire at the hour 3 a.m., 
eastern standard time. Unless otherwise ordered, when an application for 
a new station license is granted within three months of the expiration 
date for licenses of the particular class of station involved, the 
license shall be issued for the unexpired period of the current license 
term and for the full succeeding term. If granted more than three months 
from the normal expiration date, the license shall be issued for the 
unexpired period of the current license term only.
    (b) The Commission reserves the right to grant or renew station 
licenses in these services for a shorter period of time than that 
generally prescribed for such stations if, in its judgment, the public 
interest, convenience or necessity would be served by such action.

[28 FR 13032, Dec. 5, 1963, as amended at 36 FR 2562, Feb. 6, 1971; 38 
FR 22480, Aug. 21, 1973; 48 FR 27253, June 14, 1983]



Sec. 23.31  Period of construction.

    Each construction permit for a radio station in the fixed public 
service will specify the date of grant as the earliest date of 
commencement of construction and a maximum of eight months thereafter as 
the time within which construction shall be completed and the station 
ready for operation, unless otherwise determined by the Commission upon 
proper showing in any particular case.



Sec. 23.32  Equipment and service tests.

    (a) Upon completion of construction of a radio station in exact 
accordance with the terms of the construction permit, the technical 
provisions of the application therefor and the other applicable 
provisions of this part and prior to filing of application for license, 
the permittee is authorized to test the equipment for a period not to 
exceed 10 days: Provided, That:
    (1) The engineer in charge of the district in which the station is 
located is notified 2 days in advance of the beginning of tests.
    (2) The Commission may notify the permittee to conduct no tests or 
may cancel, suspend, or change the date of beginning for the period of 
such tests as and when such action may appear to be in the public 
interest, convenience, and necessity.
    (b) When construction and equipment tests are completed in exact 
accordance with the terms of the construction permit, the technical 
provisions of the application therefor, and the other applicable 
provisions of this part, and after an application for station license 
has been filed with the Commission showing the transmitter to be in 
satisfactory operating condition, the permittee is authorized to conduct 
service tests in exact accordance with the terms of the construction 
permit for a period not to exceed 30 days: Provided, That:
    (1) The engineer in charge of the district in which the station is 
located is notified 2 days in advance of the beginning of the tests.
    (2) The Commission reserves the right to cancel such tests or 
suspend, or change the date of beginning for the period of such tests as 
and when such action may appear to be in the public interest, 
convenience, and necessity by notifying the permittee.
    (3) Service tests will not be authorized after the expiration date 
of the construction permit.

[[Page 217]]

    (c) The authorization for tests embodied in paragraphs (a) and (b) 
of this section shall not be construed as constituting a license to 
operate but as a necessary part of the construction.



Sec. 23.35  Compliance with tariff requirements.

    No licensee authorized to perform common carrier service by means of 
radio communication shall engage in such service without compliance with 
all statutory provisions and regulations of the Commission relative to 
the filing of tariffs; and nothing contained in this part shall be 
deemed as a waiver or modification of any such statutory provision or 
regulation.



Sec. 23.36  Posting of license.

    The license of a station shall be posted in a conspicuous place in 
the main transmitter building of the station or kept in such building 
where it is readily available for inspection purposes.



Sec. 23.37  Station identification.

    (a) General. Every radiotelegraph or radiotelephone station in the 
International Fixed Public or Fixed Public Press Service shall transmit, 
as provided below, the identifying call sign or other approved 
identification signal on each of its assigned frequencies below 30 MHz 
on which energy is being radiated.
    (b) When required. (1) The call sign assigned to each frequency 
shall be transmitted on that frequency at the beginning and end of each 
period of use of the frequency.
    (2) During regular operation on any freuency, the call sign or other 
approved identification signal shall be transmitted at least at hourly 
intervals within the period from 10 minutes before to 10 minutes after 
each hour. If identification during this period would require an 
interruption in the transmission of a radio-photo, a telephone 
conversation, an addressed program or a multiple addressed press 
message, or a break in the continuity of a ``conference'' or ``leased 
line'' type of service, the identifying signal shall be transmitted at 
the first break in, at the conclusion of, or simultaneously with, the 
particular transmission as described below.
    (c) Methods of transmission. (1) All identifying signals shall be 
transmitted in such a manner as to permit identification without special 
equipment other than communication type receivers, except as provided in 
paragraph (e) of this section. When emissions are being used which are 
not capable of identification without special equipment, the identifying 
signal shall be transmitted by one of the following methods:
    (i) By interrupting the transmission and transmitting the call sign 
in a manner which can be identified without special equipment.
    (ii) By superimposing the call sign or other approved identification 
signal on the emission being transmitted without interrupting the 
transmission as provided for by paragraphs (e) and (f) of this section.
    (d) Emissions to be used. (1) Except as otherwise provided, the 
following emissions shall be used for identification:
    (i) Radiotelegraph stations. The identifying call sign shall be 
transmitted by International Morse code at a speed not to exceed 25 
words per minute and shall consist of the signal ``QRA de'' followed by 
the call sign. This transmission shall be made at least three times.
    (ii) Radiotelegraph stations using telephone type emissions. When 
telephone type emissions are being used in accordance with Sec. 23.11, 
identification may be made by voice and shall consist of announcing 
three times in English the call sign of the frequency being used
    (iii) Radiotelephone stations. The identifying transmission may be 
made utilizing either telegraph or telephone type emissions. When 
telegraph emission is used, the transmission shall be made in 
International Morse Code at a speed not to exceed 25 words per minute 
and shall consist of the signal ``QRA de'' followed by the call sign. 
This transmission shall be made at least three times. When telephone 
emission is used, the identification shall consist of announcing three 
times in English the call sign of the frequency being used, provided 
that all privacy or secrecy devices shall be removed from the circuit 
during such transmissions.

[[Page 218]]

    (e) Superimposed identification. Radiotelegraph or radiotelephone 
stations identifying simultaneously with transmission of traffic: call 
signs or the general identification signal described in paragraph (f) of 
this section may be superimposed on the emission being transmitted by 
any method which will make identification possible with communication 
type receivers provided that approval of any such method shall first 
have been obtained from the Federal Communications Commission. (Approval 
by the Federal Communications Commission of any means of identification 
of complex emissions by superimposing identification of regular 
transmissions will be given upon satisfactory completion of coordinated 
tests thereof by the applicant and the Commission's Field Engineering 
Bureau.) Commission approval may be withdrawn if at any subsequent time 
harmful interference to adjacent frequencies is caused by the 
superimposed identification. When superimposed identification by call 
sign is used, the identifying signal shall consist of ``QTT de (call 
sign)'' transmitted at least three times in International Morse Code at 
a speed not to exceed 25 words per minute.
    (f) General identification signal. When an approved method of 
superimposed identification is used, the identification signal shall 
consist of ``QTT de (abbreviated name of company recorded with the 
Commission) (abbreviated name of station recorded with the 
Commission).'' (It is suggested that ``abbreviated company name'' 
consist of two to five letters such as the initials of the company name 
and that ``abbreviated name of station'' consist of two or three letters 
indicating the name of the city where the licensee's message center is 
located. Both of these abbreviations shall be notified to the Commission 
before being used for identification.) This general identification 
signal shall be transmitted in International Morse Code at a speed not 
to exceed 25 words per minute and may be transmitted continuously or 
intermittently as desired provided that it shall be transmitted for at 
least five minutes total time during the period from 10 minutes before 
to 10 minutes after each hour that energy is being radiated on the 
frequency. The same signal may be superimposed on all transmissions 
being made at a particular station: Provided, however, That licensed 
call signs shall be transmitted on the frequencies to which they are 
assigned as often as is practicable and reasonable or at least at the 
beginning and end of each period of use of each frequency.
    (g) Identification by printer. Notwithstanding the other provisions 
of this section with respect to methods of transmission, when single 
channel start-stop 5 unit code printer equipment is being used, the 
identifying call sign may be transmitted by means of printer signals. 
When identification is made by printer signals, it shall consist of the 
call sign for the particular frequency being used and shall be made at 
least three times at a speed of approximately 60 words per minute.



Sec. 23.38  Experimental points of communication, limitations.

    Experimental (Research) or Experimental (Developmental) stations 
licensed to operate as point-to-point telegraph or telephone stations in 
the fixed public service may communicate only with other experimental 
stations located within the continental limits of the United States 
(except Alaska): Provided, however, That upon application the Commission 
may authorize such a station to communicate with one or more specific 
points in Alaska, Hawaii, possessions of the United States, or with a 
specific foreign point. In each such case, the Commission will determine 
the nature of the experimental transmissions which may be made to such 
point of communication.



Sec. 23.39  Antenna structures.

    (a) FAA notification. Before the construction of new antenna 
structures or alteration in the height of existing antenna structures is 
authorized by the FCC, a Federal Aviation Administration (FAA) 
determination of ``no hazard'' may be required. To apply for this 
determination, the FAA must be notified of the planned construction. 
Criteria used to determine whether FAA notification is required for a 
particular antenna structure are contained in part 17 of this chapter. 
Applications proposing construction of one or more

[[Page 219]]

new antenna structures or alteration of the overall height of one or 
more existing antenna structures, where FAA notification prior to such 
construction or alteration is not required by part 17 of this chapter, 
must indicate such and, unless the reason is obvious (e.g. structure 
height is less than 6.10 meters AGL) must contain a statement explaining 
why FAA notification is not required.
    (b) Painting and lighting. The owner of each antenna structure 
required to be painted and/or illuminated under the provisions of 
Section 303(q) of the Communications Act of 1934, as amended, shall 
operate and maintain the antenna structure painting and lighting in 
accordance with part 17 of this chapter. In the event of default by the 
owner, each licensee or permittee shall be individually responsible for 
conforming to the requirements pertaining to antenna structure painting 
and lighting.
    (c) Antenna Structure Registration Number. Applications proposing 
construction of one or more new antenna structures or alteration of the 
overall height of one or more existing structures, where FAA 
notification prior to such construction or alteration is required by 
part 17 of this chapter, must include the FCC Antenna Structure 
Registration Number(s) for the affected structure(s). If no such number 
has been assigned at the time the application is filed, the applicant 
must state in the application whether or not the antenna structure owner 
has notified the FAA of the proposed construction or alteration and 
applied to the FCC for an Antenna Structure Registration Number in 
accordance with part 17 of this chapter for the antenna structure in 
question.

[61 FR 4366, Feb. 6, 1996]



Sec. 23.40  [Reserved]



Sec. 23.41  Quarterly report of frequency usage.

    (a) Transmitted frequencies. Each licensee in the international 
fixed radio-communication services shall submit a report of frequency 
usage for all authorized frequencies below 30 MHz for each station. If 
more than one station is operated from a common control point, reports 
for the stations may be combined into one. This report shall be due 40 
days after the close of each calendar quarter and shall contain the 
following information: Each frequency assigned to the station or 
stations and the number of hours it was used during the quarter to each 
point of communication for each class of service rendered (such as 
telegraph, telephone, program, or radiophoto), the types of emission 
normally used to each point of communication, and the total hours each 
frequency was used.
    (b) Received frequency report. Upon specific request by the 
Commission, licensees in the international fixed public 
radiocommunication services shall furnish promptly the following 
information regarding frequencies received from all points of 
communication: All frequencies received, including call signs, location 
of transmitting station, type and bandwidth of emission normally 
employed, point of reception, and a symbol from the following table 
indicating the amount of usage of the particular received frequency.

------------------------------------------------------------------------
              Symbol                               Usage
------------------------------------------------------------------------
D................................  Daily regular use during business
                                    days.
O................................  Occasional use; not used daily, but
                                    offered frequently when required by
                                    propagation or operational
                                    conditions.
S................................  Seldom received; where records
                                    indicate light use during the past
                                    year.
L................................  Limited use; limited by solar
                                    activity to a part of the solar
                                    cycle or to a part of each year.
------------------------------------------------------------------------


The following criteria shall be used to determine whether or not a 
frequency shall be reported as received:
    (1) Report all frequencies regularly used during the period under 
consideration.
    (2) Report frequencies received consistently during a substantial 
part of any cyclical change in frequency usefulness even though they may 
be unused for considerable periods of time during another part of the 
cycle.
    (3) Do not report any frequency, the use of which is known to have 
been discontinued or transferred to another operation by a foreign 
correspondent.
    (4) Do not report any frequency which has been inactive for a period 
of 6 months or longer, except as indicated in paragraph (b)(2) of this 
section.

[38 FR 22480, Aug. 21, 1973]

[[Page 220]]



Sec. 23.42  License, simultaneous modification and renewal.

    When an application is granted by the Commission necessitating the 
issuance of a modified license less than 60 days prior to the expiration 
date of the license sought to be modified, and an application for 
renewal of said license is granted subsequent or prior thereto (but 
within 30 days of expiration of the present license) the modified 
license as well as the renewal license shall be issued to conform to the 
combined action of the Commission.



Sec. 23.43  Maintenance tests of licensed stations.

    Station licensees are authorized to carry on such routine tests as 
may be required for the proper maintenance of the stations: Provided, 
That the tests shall be so conducted as not to cause interference with 
the service of other stations.



Sec. 23.44  Station inspection.

    The licensee of any radio station shall make the station available 
for inspection by representatives of the Commission at any reasonable 
hour.



Sec. 23.45  Operator license, posting of.

    The original license of each station operator shall be posted at the 
place where he is on duty.



Sec. 23.46  Operators, class required and general duties.

    (a) The operation and control of all transmitting apparatus licensed 
at a station in the international fixed public radiocommunication 
services shall be carried on only by a person holding a valid operator 
license issued by the Commission, except as provided in other paragraphs 
of this section.
    (b) Classes of operator licenses required are as follows:
    (1) Radiotelegraph stations: Radio-telegraph or Radiotelephone 
first- or second-class license: Provided, however:
    (i) If manual morse code keying is used for transmitting public 
correspondence, the person manipulating the telegraph key shall be the 
holder of a radio-telegraph first- or second-class license except as 
provided by paragraph (b)(1)(iv) of this section;
    (ii) If manual morse code keying is used only for the purposes of 
identification or for sending service messages, the person manipulating 
the telegraph key shall be the holder of a radiotelegraph third-class 
permit or higher class of radiotelegraph license except as provided by 
paragraph (b)(1)(iv) of this section;
    (iii) If automatic keying equipment is used, the operator of such 
equipment may send short service signals (requests for repeats, etc.) by 
manual morse code without being the holder of a radio operator license.
    (iv) Unlicensed telegraph operators of appropriate skill as 
determined by the radio station licensee may manipulate the telegraph 
key of radiotelegraph stations provided that properly licensed 
radiotelegraph operators are on duty at the transmitting station or 
authorized remote control point and that such licensed operators are 
fully responsible for the proper operation of the transmitting 
equipment.
    (2) Radiotelephone stations: Radiotelephone first- or second-class 
license: Provided, however, that, if manual morse code keying is 
employed in accordance with Sec. 23.12, the person manipulating the 
telegraph key shall be the holder of a valid radiotelegraph third-class 
permit or higher class of radiotelegraph license.
    (3) Radiotelegraph-Radiotelephone stations: Provisions under 
paragraph (b)(1) of this section are applicable.
    (4) International control stations: Radiotelegraph or radiotelephone 
first- or second-class license.
    (c) One or more licensed operators of the grade specified in 
paragraph (b) of this section shall be on duty at the place where the 
transmitting apparatus is located and in actual charge thereof when it 
is being operated: Provided, however, That:
    (1) In case of stations in these services operating on frequencies 
above 30 MHz, the Commission may authorize unattended operation upon 
application therefor and showing that the equipment is so designed and 
constructed as to make such operation feasible. When such unattended 
operation is authorized, properly licensed operators shall be on duty at 
a terminal of the system

[[Page 221]]

of which the unattended station or stations are a part or shall be 
available on call to perform necessary maintenance duties.
    (2) In the case of a station where remote control is used, the 
Commission may grant authority to employ an operator or operators at the 
control point in lieu of the place where the transmitting apparatus is 
located, provided that the following conditions are complied with:
    (i) The transmitter shall be so installed and protected that it is 
not accessible to other than duly authorized persons.
    (ii) A device shall be provided at the remote control point which 
gives a continuous visual indication whenever the control circuits have 
been placed in a condition to activate the radio transmitting apparatus.
    (iii) Provision shall be made to monitor aurally all transmissions 
originating under control of the responsible operator at the remote 
point.
    (iv) The radiation of the transmitter shall be suspended immediately 
when there is a deviation from the terms of the station license or 
applicable provisions of this chapter.
    (v) When remote control of a transmitter is performed from a 
separate location such as a message center or telephone exchange and 
manual morse code keying is not used, the operator(s) at that point need 
not be licensed by the Commission provided that licensed operator(s) are 
on duty at the transmitter location or authorized remote control point 
at all times that the station is in operation, and they are fully 
responsible for the proper operation of the transmitting equipment. If 
manual morse code keying is used at a remote control point, the 
provisions of paragraph (b)(1) of this section shall apply.
    (3) When a radio station is radiating, all adjustments or tests 
during or coincident with the installation and servicing or maintenance 
of the transmitter and its associated equipment which may affect the 
quality of transmission or possibly cause the station radiation to 
exceed the limits specified in its instrument of authorization or in the 
rules pertaining to such station shall be made by or under the immediate 
supervision and responsibility of a person holding the proper license, 
who shall be responsible for the proper functioning of the radio 
facilities. A radiotelephone station must be under the supervision of a 
person holding a radiotelephone or radiotelegraph first- or second-class 
license, and a radiotelegraph station must be under the supervision of a 
person holding a radiotelegraph first- or second-class license.
    (4) When a radio station is not radiating, persons of appropriate 
technical skill, who are not licensed radio operators, may perform the 
functions described in paragraph (c)(3) of this section without direct 
supervision after having been authorized to do so by the responsible 
licensed operator under whose immediate supervision the facilities shall 
thereafter initially be placed in operation and be determined to be 
operating properly.

[38 FR 22480, Aug. 21, 1973]



Sec. 23.47  Station records.

    (a) Station records shall be kept in an orderly manner, and in such 
detail that the data required is readily available. Key letters, 
abbreviations, or symbols may be used if proper meaning or explanation 
is set forth in the record.
    (b) Each entry in the records of a station shall be made by a person 
qualified to do so and having actual knowledge of the facts to be 
recorded, and each entry shall clearly identify the person making the 
entry. Each entry or group of entries shall be certified by the 
signature of the person or persons responsible: Provided, That each 
physical page contain such certification: And provided further, That any 
such group of entries contain entries made only during a single daily 
period of duty.
    (c) No record or portions thereof shall be erased, obliterated, or 
willfully destroyed within the required retention period. Any necessary 
correction may be made only by the person originating the entry, who 
shall strike out the erroneous portion, initial the corrections made, 
and indicate the date of correction.
    (d) The records required by this part shall be retained for a period 
of at least 1 year: Provided, that:

[[Page 222]]

    (1) Records involving communications incident to a disaster or which 
include communications incident to, or involved in, an investigation by 
the Commission and concerning which the licensee has knowledge shall be 
retained by the licensee until specifically authorized in writing by the 
Commission to destroy them.
    (2) Records incident to or involved in any claim or complaint of 
which the licensee has knowledge shall be retained by the licensee until 
such claim or complaint has been fully satisfied or until the same has 
been barred by statute limiting the time for the filing of suit upon 
such claim.

[38 FR 22481, Aug. 21, 1973]



Sec. 23.48  Content of station records.

    (a) For each station in the services under this part, except 
stations in the international fixed public control service, the licensee 
shall maintain a technical log of the station operating showing:
    (1) Signature of each licensed operator responsible for the 
operation of the transmitting equipment and an indication of his hours 
of duty.
    (2) Hours of use of each frequency assignment and type of emission 
indicating time of beginning and end of each period of operation and 
points of communication to which each frequency is used (or area if 
service is pursuant to Sec. 23.53).
    (3) Hours of use of each transmitter indicating time of beginning 
and end of each period of operation.
    (4) Power input to the final stage of each transmitter.
    (5) Dates and results of each frequency measurement.
    (b) For stations in the international fixed public control service, 
the licensee shall maintain a technical log of the station operating 
showing:
    (1) Normal hours of operation and dates and times of interruptions 
to service.
    (2) Dates and results of each frequency measurement.
    (3) When service or maintenance duties are performed, the 
responsible operator shall sign and date the station record giving 
pertinent details of all duties performed by him or under his 
supervision; his name and the class, serial number, and date of 
expiration of his license.
    (c) For each station having an antenna structure which is required 
to be obstruction-lighted, appropriate entries shall be made in the 
station's technical log as required by Sec. 23.39.

[38 FR 22481, Aug. 21, 1973]



Sec. 23.49  Discontinuance of operation.

    The licensee of each fixed radio station except stations operating 
in Alaska, shall notify the Engineer in Charge of the district where 
such station is located of any of the following changes in the status of 
such station at least two days before such change: (a) Temporary 
discontinuance of operation for a period of ten days or more; (b) the 
date of resumption of operation after temporary discontinuance of 
operation for a period of ten days or more; (c) permanent discontinuance 
of operation: Provided, however, Where any such discontinuance of 
operation is not voluntary and results from causes beyond the control of 
the licensee, notice thereof shall be given not later than two days 
after such discontinuance of operation. In all cases of permanent 
discontinuance of operation the licensee shall, in addition to notifying 
the engineer of intention to discontinue operation, immediately forward 
the station license to the Washington, D.C., office of the Commission 
for cancellation.

[28 FR 13002, Dec. 5, 1963, as amended at 30 FR 7176, May 28, 1965; 35 
FR 10447, June 26, 1970. Redesignated at 38 FR 22481, Aug. 21, 1973]



Sec. 23.50  Place of filing application; fees and number of copies.

    (a) Standard numbered forms applicable to the international fixed 
public radiocommunication services discussed within the subpart are as 
follows:

------------------------------------------------------------------------
             Form No.                           Description
------------------------------------------------------------------------
403..............................  Application for radio station license
                                    or modification thereof.
405..............................  Application for renewal of radio
                                    station license in specified
                                    services.
407..............................  Application for radio station
                                    construction permit.
408..............................  Application for temporary
                                    authorization in addition to
                                    authority contained in license.
701..............................  Application for additional time to
                                    construct radio station.

[[Page 223]]

 
702..............................  Application for consent to assignment
                                    of radio station construction permit
                                    or license (for stations in services
                                    other than broadcast).
704..............................  Application for consent to transfer
                                    of control of corporation holding
                                    common carrier radio station
                                    construction permit or license.
714..............................  Supplement to application for new or
                                    modified radio station authorization
                                    (concerning antenna structure
                                    notification to FAA).
------------------------------------------------------------------------


These forms may be obtained from the Secretary, Federal Communications 
Commission, Washington, DC 20554, or from any of the Commission's 
engineering field offices, the addresses of which are listed in Sec. 
0.121(a) of this chapter.
    (b) Every application for a radio station authorization and all 
correspondence relating thereto shall be submitted to the Commission's 
office at Washington, DC 20554. Applications requiring fees as set forth 
at part 1, subpart G of this chapter must be filed in accordance with 
Sec. 0.401(b) of the rules.
    (c) Unless otherwise specified in a particular case, or for a 
particular form, each application, including exhibits and attachments 
thereto, shall be filed in duplicate.
    (d) Each application shall be accompanied by a fee prescribed in 
subpart G of part 1 of this chapter.

[38 FR 22481, Aug. 21, 1973, as amended at 52 FR 5294, Feb. 20, 1987; 52 
FR 10230, Mar. 31, 1987]



Sec. 23.51  Addressed program material.

    (a) Stations operating in the fixed public service and in the fixed 
public press service may be authorized to transmit addressed program 
material to a fixed point, or points, outside the 48 contiguous States 
and the District of Columbia, specifically named in the instrument of 
authorization granted to the licensee, intended for broadcast only by a 
broadcast station. Any such authorization shall be subject to the 
condition that no interference is caused to the authorized regular 
service of the station as defined by Sec. 23.8.
    (b) Such stations may also, upon proper application therefor, be 
authorized to transmit addressed program material to any such fixed 
point in South or Central America for simultaneous interception and 
broadcast by a broadcast station at one or more additional points in the 
same general area upon a showing that public message service to such 
fixed point of communication will not be unduly impaired. Application 
for such authority shall be submitted not less than 10 days prior to the 
proposed date of the the first interception. Such application shall 
show, in addition to the proposed intercept and broadcast points, the 
South or Central American station or stations over which the program 
will be broadcast, a full description of the arrangements made for such 
intercept and broadcast, and the period for which such authority is 
requested. Authorizations will be limited to the period for which 
arrangements for broadcasting by South or Central American stations have 
been made and in no event will extend beyond the term of the point-to-
point station license.



Sec. 23.52  Mobile stations, transmission simultaneously to.

    A point-to-point telegraph station, in addition to the fixed points 
of communication specified in an instrument of authorization, may be 
authorized to communicate simultaneously with mobile stations for the 
transmission of press material destined primarily to fixed points.



Sec. 23.53  Addressed press and meteorological services.

    (a) The licensee of a station in the fixed public or fixed public 
press service may be authorized to transmit, without coordinated 
reception, addressed press messages (including press facsimile and 
photographs) and weather maps, charts and photographs for reception at 
overseas or foreign points by meteorological organizations by facsimile 
and radio phototelegraphy, to one or more persons at one or more fixed 
points not specifically named in its license: Provided, however, That 
the licensee, upon institution of addressed press service to any point, 
shall promptly notify the Commission of the following:
    (1) The name and location of the person subscribing to such service.
    (2) The date of institution of such service, and

[[Page 224]]

    (3) The location of the licensee's station from which such service 
is transmitted.

Any authority, granted under this paragraph, to transmit addressed press 
messages to any person or to any point may be terminated by the 
Commission upon notice to the licensee within 30 days after notification 
of institution of service to such person or point is filed by the 
licensee.
    (b) In the event of the deletion of service to any point or to any 
person or any change with respect to the facts reported under paragraph 
(a) (1) or (3) of this section, the licensee shall promptly notify the 
Commission of such deletion or change and the date thereof.
    (c) On or before the first day of February and the first day of 
August of each year, the licensee shall submit, for each of its stations 
authorized to render addressed press service in accordance with 
provisions of this section, a recapitulative list, as of the first day 
of January and the first day of July respectively of that year, 
containing the following:
    (1) The name and location of each person subscribing to such 
service, and
    (2) The date of institution of such service to each person at each 
point.

[28 FR 13032, Dec. 5, 1963, as amended at 36 FR 2562, Feb. 6, 1971]



Sec. 23.54  Use of double sideband radiotelephone.

    Use of double sideband radiotelephone transmissions, on frequencies 
below 30 MHz, shall be held to a minimum with a view towards 
discontinuance of such operations as soon as possible. Except in cases 
where the foreign correspondent is unable to receive single sideband 
transmissions, double sideband radiotelephone shall not be transmitted 
after January 1, 1965.



Sec. 23.55  Equal employment opportunities.

    (a) General policy. Equal opportunity in employment shall be 
afforded by all common carrier licensees or permittees to all qualified 
persons, and no personnel shall be discriminated against in employment 
because of sex, race, color, religion, or national origin.
    (b) Equal employment opportunity program. Each licensee or permittee 
shall establish, maintain, and carry out, a positive continuing program 
of specific practices designed to assure equal opportunity in every 
aspect of employment policy and practice. Under the terms of its 
program, a licensee or permittee shall:
    (1) Define the responsibility of each level of management to insure 
a positive application and vigorous enforcement of the policy of equal 
opportunity, and establish a procedure to review and control managerial 
and supervisory performance.
    (2) Inform its employees and recognized employee organizations of 
the positive equal employment opportunity policy and program and enlist 
their cooperation.
    (3) Communicate its equal employment opportunity policy and program 
and its employment needs to sources of qualified applicants without 
regard to sex, race, color, religion, or national origin, and solicit 
their recruitment assistance on a continuing basis.
    (4) Conduct a continuing campaign to exclude every form of prejudice 
or discrimination based upon sex, race, color, religion, or national 
origin, from the licensees' or permittees' personnel policies and 
practices and working conditions.
    (5) Conduct a continuing review of job structure and employment 
practices and adopt positive recruitment, training, job design and other 
measures needed in order to insure genuine equality of opportunity to 
participate fully in all organizational units, occupations and levels of 
responsibility.
    (c) Additional information to be furnished to the Commission. (1) 
Equal Employment Programs to be filed by common carrier licensees or 
permittees.
    (i) All licensees or permittees will file a statement of their equal 
employment opportunity program not later than December 17, 1970, 
indicating specific practices to be followed in order to assure equal 
employment opportunity on the basis of sex, race, color, religion, or 
national origin in such aspects of employment practices as regards 
recruitment, selection, training, placement, promotion, pay, working

[[Page 225]]

conditions, demotion, layoff, and termination.
    (a) Any changes or amendments to existing programs should be filed 
with the Commission on April 1 of each year thereafter.
    (b) If a licensee or permittee has fewer than 16 full-time 
employees, no such statement need be filed.
    (2) The program should reasonably address itself to such specific 
areas as set forth below, to the extent that they are appropriate in 
terms of licensee size, location, etc.
    (i) To assure nondiscrimination in recruiting. (a) Posting notices 
in the licensee's or permittee's offices informing applicants for 
employment of their equal employment rights and their right to notify 
the Equal Employment Opportunity Commission, the Federal Communications 
Commission, or other appropriate agency. Where a substantial number of 
applicants are Spanish-surnamed Americans such notice should be posted 
in Spanish and English.
    (b) Placing a notice in bold type on the employment application 
informing prospective employees that discrimination because of sex, 
race, color, religion, or national origin is prohibited and that they 
may notify the Equal Employment Opportunity Commission, the Federal 
Communications Commission or other appropriate agency if they believe 
they have been discriminated against.
    (c) Placing employment advertisements in media which have 
significant circulation among minority-group people in the recruiting 
area.
    (d) Recruiting through schools and colleges with significant 
minority-group enrollments.
    (e) Maintaining systematic contacts with minority and human 
relations organizations, leaders, and spokesmen to encourage referral of 
qualified minority or female applicants.
    (f) Encouraging present employees to refer minority or female 
applicants.
    (g) Making known to the appropriate recruitment sources in the 
employer's immediate area that qualified minority members are being 
sought for consideration whenever the licensee hires.
    (ii) To assure nondiscrimination in selection and hiring. (a) 
Instructing personally those on the staff of the licensee or permittee 
who make hiring decisions that all applicants for all jobs are to be 
considered without discrimination.
    (b) Where union agreements exist, cooperating with the union or 
unions in the development of programs to assure qualified minority 
persons or females of equal opportunity for employment, and including an 
effective nondiscrimination clause in new or renegotiated union 
agreements.
    (c) Avoiding use of selection techniques or tests which have the 
effect of discriminating against minority groups or females.
    (iii) To assure nondiscriminatory placement and promotion. (a) 
Instructing personally those of the licensee's or permittee's staff who 
make decisions on placement and promotion that minority employees and 
females are to be considered without discrimination, and that job areas 
in which there is little or no minority or female representation should 
be reviewed to determine whether this results from discrimination.
    (b) Giving minority groups and female employees equal opportunity 
for positions which lead to higher positions. Inquiring as to the 
interest and skills of all lower-paid employees with respect to any of 
the higher-paid positions, followed by assistance, counseling, and 
effective measures to enable employees with interest and potential to 
qualify themselves for such positions.
    (c) Reviewing seniority practices to insure that such practices are 
nondiscriminatory and do not have a discriminatory effect.
    (d) Avoiding use of selection techniques or tests, which have the 
effect of discriminating against minority groups or females.
    (iv) To assure nondiscrimination in other areas of employment 
practices. (a) Examining rates of pay and fringe benefits for present 
employees with equivalent duties, and adjusting any inequities found.
    (b) Proving opportunity to perform overtime work on a basis that 
does not discriminate against qualified minority group or female 
employees.

[[Page 226]]

    (d) Report of complaints filed against licensees and permittees. (1) 
All licensees or permittees shall submit an annual report to the FCC no 
later than May 31 of each year indicating whether any complaints 
regarding violations by the licensee or permittee of equal employment 
provisions of Federal, State, Territorial, or local law have been filed 
before any body having competent jurisdiction.
    (i) The report should state the parties involved the date filing, 
the courts or agencies before which the matters have been heard, the 
appropriate file number (if any), and the respective disposition or 
current status of any such complaints.
    (ii) Any licensee or permittee who has filed such information with 
the EEOC need not do so with the Commission, if such previous filing is 
indicated.
    (e) Complaints of violations of Equal Employment Programs. (1) 
Complaints alleging employment discrimination against a common carrier 
licensee will be considered by the Commission in the following manner:
    (i) If a complaint raising an issue of discrimination is received 
against a licensee or permittee who is within the jurisdiction of the 
EEOC, it will be submitted to that agency. The Commission will maintain 
a liaison with that agency which will keep the Commission informed of 
the disposition of complaints filed against any of the common carrier 
licensees.
    (ii) Complaints alleging employment discrimination against a common 
carrier licensee of permittee who does not fall under the jurisdiction 
of the EEOC but is covered by appropriate enforceable State law, to 
which penalties apply, may be submitted by the Commission to the 
respective State agency.
    (iii) Complaints alleging employment discrimination against a common 
carrier licensee or permittee who does not fall under the jurisdiction 
of the EEOC or an appropriate State law, will be accorded appropriate 
treatment by the FCC.
    (iv) The Commission will consult with the EEOC on all matters 
relating to the evaluation and determination of compliance by the common 
carrier licensees or permittees with the principles of equal employment 
as set forth herein.
    (2) Complaints indicating a general pattern of disregard of equal 
employment practices which are received against a licensee or permittee 
who is required to file an employment report to the Commission under 
Sec. 1.815(a) of this chapter will be investigated by the Commission.
    (f) Records available to public--(1) Commission records. A copy of 
every annual employment report, equal employment opportunity program, 
and reports on complaints regarding violation of equal employment 
provisions of Federal, State, Territorial, or local law, and copies of 
all exhibits, letters, and other documents filed as part thereof, all 
amendments thereto, all correspondence between the permittee or licensee 
and the Commission pertaining to the reports after they have been filed 
and all documents incorporated therein by reference, are open for public 
inspection at the offices of the Commission.
    (2) Records to be maintained locally for public inspection by 
licensees or permittees--(i) Records to be maintained. Each licensee or 
permittee required to file annual employment reports, equal employment 
opportunity programs, and annual reports on complaints regarding 
violations of equal employment provisions of Federal, State, 
Territorial, or local law shall maintain for public inspection, in the 
same manner and in the same locations as required for the keeping and 
posting of tariffs as set forth in Sec. 61.72 of this chapter, a file 
containing a copy of each such report and copies of all exhibits, 
letters, and other documents filed as part thereto, all correspondence 
between the permittee or licensee and the Commission pertaining to the 
reports after they have been filed and all documents incorporated 
therein by reference.
    (ii) Period of retention. The documents specified in paragraph 
(f)(2)(i) of this section shall be maintained for a period of 2 years.

[35 FR 12894, Aug. 14, 1970, as amended at 36 FR 3119, Feb. 18, 1971. 
Redesignated at 38 FR 22481, Aug. 21, 1973]

[[Page 227]]



PART 24_PERSONAL COMMUNICATIONS SERVICES--Table of Contents




                      Subpart A_General Information

Sec.
24.1 Basis and purpose.
24.2 Other applicable rule parts.
24.3 Permissible communications.
24.5 Terms and definitions.

                   Subpart B_Applications and Licenses

                       General Filing Requirements

24.10 Scope.
24.11 Initial authorization.
24.12 Eligibility.
24.15 License period.
24.16 Criteria for comparative renewal proceedings.

                      Subpart C_Technical Standards

24.50 Scope.
24.51 Equipment authorization.
24.52 RF hazards.
24.53 Calculation of height above average terrain (HAAT).
24.55 Antenna structures; air navigation safety.

                        Subpart D_Narrowband PCS

24.100 Scope.
24.101 [Reserved]
24.102 Service areas.
24.103 Construction requirements.
24.104 Partitioning and disaggregation.
24.129 Frequencies.
24.130 [Reserved]
24.131 Authorized bandwidth.
24.132 Power and antenna height limits.
24.133 Emission limits.
24.134 Co-channel separation criteria.
24.135 Frequency stability.

                         Subpart E_Broadband PCS

24.200 Scope.
24.202 Service areas.
24.203 Construction requirements.
24.229 Frequencies.
24.232 Power and antenna height limits.
24.235 Frequency stability.
24.236 Field strength limits.
24.237 Interference protection.
24.238 Emission limitations for Broadband PCS equipment.

   Policies Governing Microwave Relocation From the 1850-1990 MHz Band

24.239 Cost-sharing requirements for broadband PCS.
24.241 Administration of the Cost-Sharing Plan.
24.243 The cost-sharing formula.
24.245 Reimbursement under the Cost-Sharing Plan.
24.247 Triggering a reimbursement obligation.
24.249 Payment issues.
24.251 Dispute resolution under the Cost-Sharing Plan.
24.253 Termination of cost-sharing obligations.

Appendix I to Subpart E--A Procedure for Calculating PCS Signal Levels 
          at Microwave Receivers (Appendix E of the Memorandum Opinion 
          and Order)

       Subpart F_Competitive Bidding Procedures for Narrowband PCS

24.301 Narrowband PCS subject to competitive bidding.
24.302-24.309 [Reserved]
24.320 [Reserved]
24.321 Designated entities.

   Subpart G_Interim Application, Licensing and Processing Rules for 
                             Narrowband PCS

24.403 Authorization required.
24.404 Eligibility.
24.405-24.414 [Reserved]
24.415 Technical content of applications; maintenance of list of station 
          locations.
24.416-24.429 [Reserved]
24.430 Opposition to applications.
24.431 Mutually exclusive applications.
24.432-24.444 [Reserved]

       Subpart H_Competitive Bidding Procedures for Broadband PCS

24.701 Broadband PCS subject to competitive bidding.
24.702-24.708 [Reserved]
24.709 Eligibility for licenses for frequency Blocks C and F.
24.710 [Reserved]
24.711 Installment payments for licenses for frequency Block C.
24.712 Bidding credits for licenses won for frequency Block C.
24.713 [Reserved]
24.714 Partitioned licenses and disaggregated spectrum.
24.716 Installment payments for licenses for frequency Block F.
24.717 Bidding credits for licenses for frequency Block F.
24.720 Definitions.

   Subpart I_Interim Application, Licensing, and Processing Rules for 
                              Broadband PCS

24.801-24.803 [Reserved]
24.804 Eligibility.
24.805-24.814 [Reserved]
24.815 Technical content of applications; maintenance of list of station 
          locations.
24.816-24.829 [Reserved]

[[Page 228]]

24.830 Opposition to applications.
24.831 Mutually exclusive applications.
24.832 [Reserved]
24.833 Post-auction divestitures.
24.834-24.838 [Reserved]
24.839 Transfer of control or assignment of license.
24.840-24.842 [Reserved]
24.843 Extension of time to complete construction.
24.844 [Reserved]

   Subpart J_Required New Capabilities Pursuant to the Communications 
               Assistance for Law Enforcement Act (CALEA)

24.900 Purpose.
24.901 Scope.
24.902 Definitions.
24.903 Capabilities that must be provided by a broadband PCS 
          telecommunications carrier.

    Authority: 47 U.S.C. 154, 301, 302, 303, 309 and 332.

    Source: 58 FR 59183, Nov. 8, 1993, unless otherwise noted. 
Redesignated at 59 FR 18499, Apr. 19, 1994.



                      Subpart A_General Information



Sec. 24.1  Basis and purpose.

    This section contains the statutory basis for this part of the rules 
and provides the purpose for which this part is issued.
    (a) Basis. The rules for the personal communications services (PCS) 
in this part are promulgated under the provisions of the Communications 
Act of 1934, as amended, that vests authority in the Federal 
Communications Commission to regulate radio transmission and to issue 
licenses for radio stations.
    (b) Purpose. This part states the conditions under which portions of 
the radio spectrum are made available and licensed for PCS.
    (c) Scope. The rules in this part apply only to stations authorized 
under this part. Rules in subparts D and E apply only to stations 
authorized under those subparts.

[58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, 
and amended at 59 FR 32854, June 24, 1994]



Sec. 24.2  Other applicable rule parts.

    Other FCC rule parts applicable to licensees in the personal 
communications services include the following:
    (a) Part 0. This part describes the Commission's organization and 
delegations of authority. Part 0 of this chapter also lists available 
Commission publications, standards and procedures for access to 
Commission records, and location of Commission Field Offices.
    (b) Part 1. This part includes rules of practice and procedure for 
license applications, adjudicatory proceedings, procedures for 
reconsideration and review of the Commission's actions; provisions 
concerning violation notices and forfeiture proceedings; and the 
environmental requirements that, if applicable, must be complied with 
prior to the initiation of construction. Subpart F includes the rules 
for the Wireless Telecommunications Services and the procedures for 
filing electronically via the ULS.
    (c) Part 2. This part contains the Table of Frequency Allocations 
and special requirements in international regulations, recommendations, 
agreements, and treaties. This part also contains standards and 
procedures concerning the marketing and importation of radio frequency 
devices, and for obtaining equipment authorization.
    (d) Part 5. This part contains rules prescribing the manner in which 
parts of the radio frequency spectrum may be made available for 
experimentation.
    (e) Part 15. This part contains rules setting out the regulations 
under which an intentional, unintentional, or incidental radiator may be 
operated without an individual license. It also contains the technical 
specifications, administrative requirements and other conditions 
relating to the marketing of part 15 devices. Unlicensed PCS devices 
operate under subpart D of part 15.
    (f) Part 17. This part contains requirements for construction, 
marking and lighting of antenna towers.
    (g) Part 20 of this chapter governs commercial mobile radio 
services.
    (h) Part 21. This part contains rules concerning multipoint 
distribution service and multichannel multipoint distribution service.
    (i) Part 68. This part contains technical standards for connection 
of terminal equipment to the telephone network.
    (j) Part 101. This part contains rules concerning common carrier and 
private

[[Page 229]]

services relating to fixed point-to-point and point-to-multipoint 
microwave systems.

[58 FR 59183, Nov. 8, 1993. Redesignated and amended at 59 FR 18499, 
Apr. 19, 1994, as amended at 63 FR 68952, Dec. 14, 1998; 65 FR 38325, 
June 20, 2000]



Sec. 24.3  Permissible communications.

    PCS licensees may provide any mobile communications service on their 
assigned spectrum. Fixed services may be provided on a co-primary basis 
with mobile operations. Broadcasting as defined in the Communications 
Act is prohibited.

[61 FR 45356, Aug. 29, 1996]



Sec. 24.5  Terms and definitions.

    Assigned Frequency. The center of the frequency band assigned to a 
station.
    Authorized Bandwidth. The maximum width of the band of frequencies 
permitted to be used by a station. This is normally considered to be the 
necessary or occupied bandwidth, whichever is greater.
    Average Terrain. The average elevation of terrain between 3 and 16 
kilometers from the antenna site.
    Base Station. A land station in the land mobile service.
    Broadband PCS. PCS services operating in the 1850-1890 MHz, 1930-
1970 MHz, 2130-2150 MHz, and 2180-2200 MHz bands.
    Effective Radiated Power (e.r.p.) (in a given direction). The 
product of the power supplied to the antenna and its gain relative to a 
half-wave dipole in a given direction.
    Equivalent Isotropically Radiated Power (e.i.r.p.). The product of 
the power supplied to the antenna and the antenna gain in a given 
direction relative to an isotropic antenna.
    Fixed Service. A radiocommunication service between specified fixed 
points.
    Fixed Station. A station in the fixed service.
    Land Mobile Service. A mobile service between base stations and land 
mobile stations, or between land mobile stations.
    Land Mobile Station. A mobile station in the land mobile service 
capable of surface movement within the geographic limits of a country or 
continent.
    Land Station. A station in the mobile service not intended to be 
used while in motion.
    Mobile Service. A radiocommunication service between mobile and land 
stations, or between mobile stations.
    Mobile Station. A station in the mobile service intended to be used 
while in motion or during halts at unspecified points.
    Narrowband PCS. PCS services operating in the 901-902 MHz, 930-931 
MHz, and 940-941 MHz bands.
    National Geodetic Reference System (NGRS): The name given to all 
geodetic control data contained in the National Geodetic Survey (NGS) 
data base. (Source: National Geodetic Survey, U.S. Department of 
Commerce)
    PCS Relocator. A PCS entity that pays to relocate a fixed microwave 
link from its existing 2 GHz facility to other media or other fixed 
channels.
    Personal Communications Services (PCS). Radio communications that 
encompass mobile and ancillary fixed communication that provide services 
to individuals and businesses and can be integrated with a variety of 
competing networks.
    Universal Licensing System. The Universal Licensing System (ULS) is 
the consolidated database, application filing system, and processing 
system for all Wireless Radio Services. ULS supports electronic filing 
of all applications and related documents by applicants and licensees in 
the Wireless Radio Services, and provides public access to licensing 
information.
    UTAM. The Unlicensed PCS Ad Hoc Committee for 2 GHz Microwave 
Transition and Management, which coordinates relocation in the 1910-1930 
MHz band.
    Voluntarily Relocating Microwave Incumbent A microwave incumbent 
that voluntarily relocates its licensed facilities to other media or 
fixed channels.

[58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, 
and amended at 61 FR 29691, June 12, 1996; 62 FR 12757, Mar. 18, 1997; 
63 FR 68952, Dec. 14, 1998]

[[Page 230]]



                   Subpart B_Applications and Licenses

                       General Filing Requirements



Sec. 24.10  Scope.

    This subpart contains some of the procedures and requirements for 
filing applications for licenses in the personal communications 
services. One also should consult subparts F and G of this part. Other 
Commission rule parts of importance that may be referred to with respect 
to licensing and operation of radio services governed under this part 
include 47 CFR parts 0, 1, 2, 5, 15, 17 and 20.

[59 FR 32854, June 24, 1994]



Sec. 24.11  Initial authorization.

    (a) An applicant must file a single application for an initial 
authorization for all markets won and frequency blocks desired.
    (b) Blanket licenses are granted for each market and frequency 
block. Applications for individual sites are not required and will not 
be accepted.

[59 FR 32854, June 24, 1994, as amended at 63 FR 68952, Dec. 14, 1998]



Sec. 24.12  Eligibility.

    Any entity, other than those precluded by section 310 of the 
Communications Act of 1934, as amended, 47 U.S.C. 310, or Sec. Sec. 
99.202(c) or 99.204, is eligible to hold a license under this part.

[58 FR 59183, Nov. 8, 1993; 59 FR 15269, Mar. 31, 1994]



Sec. 24.15  License period.

    Licenses for service areas will be granted for ten year terms from 
the date of original issuance or renewal.



Sec. 24.16  Criteria for comparative renewal proceedings.

    A renewal applicant involved in a comparative renewal proceeding 
shall receive a preference, commonly referred to as a renewal 
expectancy, which is the most important comparative factor to be 
considered in the proceeding, if its past record for the relevant 
license period demonstrates that the renewal applicant:
    (a) Has provided ``substantial'' service during its past license 
term. ``Substantial'' service is defined as service which is sound, 
favorable, and substantially above a level of mediocre service which 
might just minimally warrant renewal; and
    (b) Has substantially complied with applicable Commission rules, 
policies and the Communications Act.



                      Subpart C_Technical Standards



Sec. 24.50  Scope.

    This subpart sets forth the technical requirements for use of the 
spectrum and equipment in the personal communications services.



Sec. 24.51  Equipment authorization.

    (a) Each transmitter utilized for operation under this part and each 
transmitter marketed, as set forth in Sec. 2.803 of this chapter, must 
be of a type that has been authorized by the Commission under its 
certification procedure for use under this part.
    (b) Any manufacturer of radio transmitting equipment to be used in 
these services may request equipment authorization following the 
procedures set forth in subpart J of part 2 of this chapter. Equipment 
authorization for an individual transmitter may be requested by an 
applicant for a station authorization by following the procedures set 
forth in part 2 of this chapter.
    (c) Applicants for certification of transmitters that operate in 
these services must determine that the equipment complies with IEEE 
C95.1-1991, ``IEEE Standards for Safety Levels with Respect to Human 
Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz'' 
as measured using methods specified in IEEE C95.3-1991, ``Recommended 
Practice for the Measurement of Potentially Hazardous Electromagnetic 
Fields--RF and Microwave.'' The applicant for certification is required 
to submit a statement affirming that the equipment complies with these 
standards as measured by an approved method and to maintain a record 
showing the basis for the statement of compliance with IEEE C.95.1-1991.

[58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, Apr. 19, 1994, 
as amended at 63 FR 36604, July 7, 1998]

[[Page 231]]



Sec. 24.52  RF hazards.

    Licensees and manufacturers are subject to the radiofrequency 
radiation exposure requirements specified in Sec. 1.1307(b), Sec. 
2.1091 and Sec. 2.1093 of this chapter, as appropriate. Applications 
for equipment authorization of mobile or portable devices operating 
under this section must contain a statement confirming compliance with 
these requirements for both fundamental emissions and unwanted 
emissions. Technical information showing the basis for this statement 
must be submitted to the Commission upon request.

[61 FR 41018, Aug. 7, 1996]



Sec. 24.53  Calculation of height above average terrain (HAAT).

    (a) HAAT is determined by subtracting average terrain elevation from 
antenna height above mean sea level.
    (b) Average terrain elevation shall be calculated using elevation 
data from a 30 arc second or better Digital Elevation Models (DEMs). DEM 
data is available from United States Geological Survey (USGS). The data 
file shall be identified. If 30 arc second data is used, the elevation 
data must be processed for intermediate points using interpolation 
techniques; otherwise, the nearest point may be used. If DEM data is not 
available, elevation data from the Defense Mapping Agency's Digital 
Chart of the World (DCW) may be used.
    (c) Radial average terrain elevation is calculated as the average of 
the elevation along a straight line path from 3 to 16 kilometers 
extending radially from the antenna site. At least 50 evenly spaced data 
points for each radial shall be used in the computation.
    (d) Average terrain elevation is the average of the eight radial 
average terrain elevations (for the eight cardinal radials).
    (e) The position location of the antenna site shall be determined to 
an accuracy of no less than 5 meters in both the 
horizontal (latitude and longitude) and vertical (ground elevation) 
dimensions with respect to the National Geodetic Reference System.

[58 FR 59183, Nov. 8, 1993; 59 FR 15269, Mar. 31, 1994]



Sec. 24.55  Antenna structures; air navigation safety.

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

[61 FR 4366, Feb. 6, 1996]



                        Subpart D_Narrowband PCS



Sec. 24.100  Scope.

    This subpart sets out the regulations governing the licensing and 
operations of personal communications services authorized in the 901-
902, 930-931, and 940-941 MHz bands (900 MHz band).



Sec. 24.101  [Reserved]



Sec. 24.102  Service areas.

    Narrowband PCS service areas are nationwide, regional, and Major 
Trading Areas (MTAs), as defined in this section. MTAs are based on the 
Rand

[[Page 232]]

McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 
38-39 (MTA Map). Rand McNally organizes the 50 States and the District 
of Columbia into 47 MTAs. The MTA Map is available for public inspection 
in the FCC's Library, Room TW-B505, 445 12th Street SW, Washington, D.C.
    (a) The nationwide service area consists of the fifty states, the 
District of Columbia, American Samoa, Guam, Northern Mariana Islands, 
Puerto Rico, and United States Virgin Islands.
    (b) The regional service areas are defined as follows:
    (1) Region 1 (Northeast): The Northeast Region consists of the 
following MTAs: Boston-Providence, Buffalo-Rochester, New York, 
Philadelphia, and Pittsburgh.
    (2) Region 2 (South): The South Region consists of the following 
MTAs: Atlanta, Charlotte-Greensboro-Greenville-Raleigh, Jacksonville, 
Knoxville, Louisville-Lexington-Evansville, Nashville, Miami-Fort 
Lauderdale, Richmond-Norfolk, Tampa-St. Petersburg-Orlando, and 
Washington-Baltimore; and, Puerto Rico and United States Virgin Islands.
    (3) Region 3 (Midwest): The Midwest Region consists of the following 
MTAs: Chicago, Cincinnati-Dayton, Cleveland, Columbus, Des Moines-Quad 
Cities, Detroit, Indianapolis, Milwaukee, Minneapolis-St. Paul, and 
Omaha.
    (4) Region 4 (Central): The Central Region consists of the following 
MTAs: Birmingham, Dallas-Fort Worth, Denver, El Paso-Albuquerque, 
Houston, Kansas City, Little Rock, Memphis-Jackson, New Orleans-Baton 
Rouge, Oklahoma City, San Antonio, St. Louis, Tulsa, and Wichita.
    (5) Region 5 (West): The West Region consists of the following MTAs: 
Honolulu, Los Angeles-San Diego, Phoenix, Portland, Salt Lake City, San 
Francisco-Oakland-San Jose, Seattle (including Alaska), and Spokane-
Billings; and, American Samoa, Guam, and the Northern Mariana Islands.
    (c) The MTA service areas are based on the Rand McNally 1992 
Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with 
the following exceptions and additions:
    (1) Alaska is separated from the Seattle MTA and is licensed 
separately.
    (2) Guam and the Northern Mariana Islands are licensed as a single 
MTA-like area.
    (3) Puerto Rico and the United States Virgin Islands are licensed as 
a single MTA-like area.
    (4) American Samoa is licensed as a single MTA-like area.

[59 FR 14118, Mar. 25, 1994, as amended at 59 FR 46199, Sept. 7, 1994; 
65 FR 35852, June 6, 2000]



Sec. 24.103  Construction requirements.

    (a) Nationwide narrowband PCS licensees shall construct base 
stations that provide coverage to a composite area of 750,000 square 
kilometers or serve 37.5 percent of the U.S. population within five 
years of initial license grant date; and, shall construct base stations 
that provide coverage to a composite area of 1,500,000 square kilometers 
or serve 75 percent of the U.S. population within ten years of initial 
license grant date. Licensees may, in the alternative, provide 
substantial service to the licensed area as provided in paragraph (d) of 
this section.
    (b) Regional narrowband PCS licensees shall construct base stations 
that provide coverage to a composite area of 150,000 square kilometers 
or serve 37.5 percent of the population of the service area within five 
years of initial license grant date; and, shall construct base stations 
that provide coverage to a composite area of 300,000 square kilometers 
or serve 75 percent of the service area population within ten years of 
initial license grant date. Licensees may, in the alternative, provide 
substantial service to the licensed area as provided in paragraph (d) of 
this section.
    (c) MTA narrowband PCS licensees shall construct base stations that 
provide coverage to a composite area of 75,000 square kilometers or 25 
percent of the geographic area, or serve 37.5 percent of the population 
of the service area within five years of initial license grant date; 
and, shall construct base stations that provide coverage to a composite 
area of 150,000 square kilometers or 50 percent of the geographic area, 
or serve 75 percent of the population of the service area within ten

[[Page 233]]

years of initial license grant date. Licensees may, in the alternative, 
provide substantial service to the licensed area as provided in 
paragraph (d) of this section.
    (d) As an alternative to the requirements of paragraphs (a), (b), 
and (c) of this section, narrowband PCS licensees may demonstrate that, 
no later than ten years after the initial grant of their license, they 
provide substantial service to their licensed area. Licensees choosing 
this option must notify the FCC by filing FCC Form 601, no later than 15 
days after the end of the five year period following the initial grant 
of their license, that they plan to satisfy the alternative requirement 
to provide substantial service. ``Substantial service'' is defined as 
service that is sound, favorable, and substantially above a level of 
mediocre service that would barely warrant renewal.
    (e) In demonstrating compliance with the construction requirements 
set forth in this section, licensees must base their calculations on 
signal field strengths that ensure reliable service for the technology 
utilized. Licensees may determine the population of geographic areas 
included within their service contours using either the 1990 census or 
the 2000 census, but not both.
    (1) For the purpose of this section, the service radius of a base 
station may be calculated using the following formula:

dkm = 2.53 x hm0.34 x p0.17

where dkm is the radial distance in kilometers,
hm is the antenna HAAT of the base station in meters, and
p is the e.r.p. of the base station in watts.

    (2) Alternatively, licensees may use any service radius contour 
formula developed or generally used by industry, provided that such 
formula is based on the technical characteristics of their system.
    (f) Upon meeting the five and ten year benchmarks in paragraphs (a), 
(b), and (c) of this section, or upon meeting the substantial service 
alternative in paragraph (d), licensees shall notify the Commission by 
filing FCC Form 601 and including a map and other supporting 
documentation that demonstrate the required geographic area coverage, 
population coverage, or substantial service to the licensed area. The 
notification must be filed with the Commission within 15 days of the 
expiration of the relevant period.
    (g) If the sale of a license is approved, the new licensee is held 
to the original build-out requirement.
    (h) Failure by a licensee to meet the above construction 
requirements shall result in forfeiture of the license and ineligibility 
to regain it.

[59 FR 14118, Mar. 25, 1994, as amended at 65 FR 35852, June 6, 2000]



Sec. 24.104  Partitioning and disaggregation.

    Nationwide, regional, and MTA licensees may apply to partition their 
authorized geographic service area or disaggregate their authorized 
spectrum at any time following grant of their geographic area 
authorizations.
    (a) Application required. Parties seeking approval for partitioning 
and/or disaggregation shall apply for partial assignment of a license 
pursuant to Sec. 1.948 of this chapter.
    (b) Partitioning. In the case of partitioning, applicants and 
licensees must file FCC Form 603 pursuant to Sec. 1.948 of this chapter 
and describe the partitioned service area on a schedule to the 
application. The partitioned service area shall be defined by up to 120 
sets of geographic coordinates at points at every 3 degrees azimuth from 
a point within the partitioned service area along the partitioned 
service area boundary unless either an FCC-recognized service area is 
used (e.g., MEA or EA) 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 FCC-recognized service 
areas or county lines are used, applicants need only list the specific 
area(s) through use of FCC designations or county names that constitute 
the partitioned area.
    (c) Disaggregation. Spectrum may be disaggregated in any amount.
    (d) Combined partitioning and disaggregation. Licensees may apply 
for partial assignment of authorizations

[[Page 234]]

that propose combinations of partitioning and disaggregation.
    (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. 1.955 of this chapter.
    (f) Coverage requirements for partitioning. (1) Parties to a 
partitioning agreement must satisfy at least one of the following 
requirements:
    (i) The partitionee must satisfy the applicable coverage 
requirements set forth in Sec. 24.103 for the partitioned license area; 
or
    (ii) The original licensee must meet the coverage requirements set 
forth in Sec. 24.103 for the entire geographic area. In this case, the 
partitionee must meet only the requirements for renewal of its 
authorization for the partitioned license area.
    (2) Parties seeking authority to partition must submit with their 
partial assignment application a certification signed by both parties 
stating which of the options they select.
    (3) Partitionees must submit supporting documents showing compliance 
with their coverage requirements as set forth in Sec. 24.103.
    (4) Failure by any partitionee to meet its coverage requirements 
will result in automatic cancellation of the partitioned authorization 
without further Commission action.
    (g) Coverage requirements for disaggregation. (1) Parties to a 
disaggregation agreement must satisfy at least one of the following 
requirements:
    (i) Either the disaggregator or disaggregatee must satisfy the 
coverage requirements set forth in Sec. 24.103 for the entire license 
area; or
    (ii) Parties must agree to share responsibility for meeting the 
coverage requirements set forth in Sec. 24.103 for the entire license 
area.
    (2) Parties seeking authority to disaggregate must submit with their 
partial assignment application a certification signed by both parties 
stating which of the requirements they select.
    (3) Disaggregatees must submit supporting documents showing 
compliance with their coverage requirements as set forth in Sec. 
24.103.
    (4) Parties that accept responsibility for meeting the coverage 
requirements and later fail to do so will be subject to automatic 
license cancellation without further Commission action.

[65 FR 35853, June 6, 2000]

    Effective Date Note: At 65 FR 35853, June 6, 2000, Sec. 24.104 was 
added. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec. 24.129  Frequencies.

    The following frequencies are available for narrowband PCS:
    (a) Eighteen frequencies are available for assignment on a 
nationwide basis as follows:
    (1) Seven 50 kHz channels paired with 50 kHz channels:

Channel 1: 940.00-940.05 and 901.00-901.05 MHz;
Channel 2: 940.05-940.10 and 901.05-901.10 MHz;
Channel 3: 940.10-940.15 and 901.10-901.15 MHz;
Channel 4: 940.15-940.20 and 901.15-901.20 MHz;
Channel 5: 940.20-940.25 and 901.20-901.25 MHz;
Channel 19: 930.50-930.55 and 901.30-901.35 MHz; and
Channel 20: 930.75-930.80 and 901.90-901.95 MHz.

    (2) Three 50 kHz channels paired with 12.5 kHz channels:

Channel 6: 930.40-930.45 and 901.7500-901.7625 MHz;
Channel 7: 930.45-930.50 and 901.7625-901.7750 MHz; and
Channel 8: 940.75-940.80 and 901.7750-901.7875 MHz;

    (3) Two 50 kHz unpaired channels:

Channel 9: RESERVED;
Channel 10: 940.80-940.85 MHz; and
Channel 11: 940.85-940.90 MHz.

    (4) One 100 kHz unpaired channel:

Channel 18: 940.65-940.75 MHz.

    (5) Two 150 kHz channels paired with 50 kHz channels:

Channel 21: 930.00-930.15 and 901.50-901.55 MHz; and
Channel 22: 930.15-930.30 and 901.60-901.65 MHz.

    (6) Three 100 kHz channels paired with 50 kHz channels:

Channel 23: 940.55-940.65 and 901.45-901.50 MHz;

[[Page 235]]

Channel 24: 940.30-940.40 and 901.55-901.60 MHz; and
Channel 25: 940.45-940.55 and 901.85-901.90 MHz.

    (b) Five frequencies are available for assignment on a regional 
basis as follows:
    (1) One 50 kHz channel paired with 50 kHz channel:

Channel 12: 940.25-940.30 and 901.25-901.30 MHz.
Channel 13: RESERVED.

    (2) Four 50 kHz channels paired with 12.5 kHz channels:

Channel 14: 930.55-930.60 and 901.7875-901.8000 MHz;
Channel 15: 930.60-930.65 and 901.8000-901.8125 MHz;
Channel 16: 930.65-930.70 and 901.8125-901.8250 MHz; and
Channel 17: 930.70-930.75 and 901.8250-901.8375 MHz.

    (c) Seven frequencies are available for assignment on an MTA basis 
as follows:
    (1) Three 50 kHz unpaired channels:

Channel 26: 901.35-901.40 MHz;
Channel 27: 901.40-901.45 MHz; and
Channel 28: 940.40-940.45 MHz.

    (2) One 50 kHz channel paired with 50 kHz channel:

Channel 29: 930.80-930.85 and 901.95-902.00 MHz.

    (3) One 100 kHz channel paired with 50 kHz channel:

Channel 30: 930.30-930.40 and 901.65-901.70 MHz.

    (4) One 150 kHz channel paired with 50 kHz channel:

Channel 31: 930.85-931.00 and 901.7-901.75 MHz.

    (5) One 100 kHz channel paired with 12.5 kHz channel:

Channel 32: 940.90-941 and 901.8375-901.85 MHz.

    Note to Sec. 24.129: Operations in markets or portions of markets 
which border other countries, such as Canada and Mexico, will be subject 
to on-going coordination arrangements with neighboring countries.

[66 FR 29920, June 4, 2001]



Sec. 24.130  [Reserved]



Sec. 24.131  Authorized bandwidth.

    The authorized bandwidth of narrowband PCS channels will be 10 kHz 
for 12.5 kHz channels and 45 kHz for 50 kHz channels. For aggregated 
adjacent channels, a maximum authorized bandwidth of 5 kHz less than the 
total aggregated channel width is permitted.



Sec. 24.132  Power and antenna height limits.

    (a) Stations transmitting in the 901-902 MHz band are limited to 7 
watts e.r.p.
    (b) Mobile stations transmitting in the 930-931 MHz and 940-941 MHz 
bands are limited to 7 watts e.r.p.
    (c) Base stations transmitting in the 930-931 MHz and 940-941 MHz 
bands are limited to 3500 watts e.r.p. per authorized channel and are 
unlimited in antenna height except as provided in paragraph (d) of this 
section.
    (d)(1) MTA and regional base stations located between 200 kilometers 
(124 miles) and 80 kilometers (50 miles) from their licensed service 
area border are limited to the power levels in the following table:

------------------------------------------------------------------------
Antenna HAAT in meters (feet) (see Sec.
     24.53 for HAAT HAAT calculation         Effective radiated power
                method)                          (e.r.p.) (watts)
------------------------------------------------------------------------
183 (600) and below....................  3500
183 (600) to 208 (682).................  3500 to 2584
208 (682) to 236 (775).................  2584 to 1883
236 (775) to 268 (880).................  1883 to 1372
268 (880) to 305 (1000)................  1372 to 1000
305 (1000) to 346 (1137)...............  1000 to 729
346 (1137) to 394 (1292)...............  729 to 531
394 (1292) to 447 (1468)...............  531 to 387
447 (1468) to 508 (1668)...............  387 to 282
508 (1668) to 578 (1895)...............  282 to 206
578 (1895) to 656 (2154)...............  206 to 150
656 (2154) to 746 (2447)...............  150 to 109
746 (2447) to 848 (2781)...............  109 to 80
848 (2781) to 963 (3160)...............  80 to 58
963 (3160) to 1094 (3590)..............  58 to 42
1094 (3590) to 1244 (4080).............  42 to 31
1244 (4080) to 1413 (4636).............  31 to 22
Above 1413 (4636)......................  16
------------------------------------------------------------------------

    (2) For heights between the values listed in the table, linear 
interpolation shall be used to determine maximum e.r.p.
    (e) MTA and regional base stations located less than 80 kilometers 
(50 miles) from the licensed service area border must limit their 
effective radiated power in accordance with the following formula:

PW = 0.0175 x dkm* * 6.6666 x hm* * -3.1997

PW is effective radiated power in watts

[[Page 236]]

dkm is distance in kilometers
hm is antenna HAAT in meters; see Sec. 24.53 for HAAT calculation 
method

    (f) All power levels specified in this section are expressed in 
terms of the maximum power, averaged over a 100 millisecond interval, 
when measured with instrumentation calibrated in terms of an rms-
equivalent voltage with a resolution bandwidth equal to or greater than 
the authorized bandwidth.
    (g) Additionally, PCS stations will be subject to any power limits 
imposed by international agreements.

[58 FR 59183, Nov. 8, 1993; 59 FR 15269, Mar. 31, 1994, as amended at 62 
FR 27511, May 20, 1997; 65 FR 35853, June 6, 2000]



Sec. 24.133  Emission limits.

    (a) The power of any emission shall be attenuated below the 
transmitter power (P), as measured in accordance with Sec. 24.132(f), 
in accordance with the following schedule:
    (1) For transmitters authorized a bandwidth greater than 10 kHz:
    (i) On any frequency outside the authorized bandwidth and removed 
from the edge of the authorized bandwidth by a displacement frequency 
(fd in kHz) of up to and including 40 kHz: at least 116 
Log10 ((fd+10)/6.1) decibels or 50 plus 10 
Log10 (P) decibels or 70 decibels, whichever is the lesser 
attenuation;
    (ii) On any frequency outside the authorized bandwidth and removed 
from the edge of the authorized bandwidth by a displacement frequency 
(fd in kHz) of more than 40 kHz: at least 43+10 
Log10 (P) decibels or 80 decibels, whichever is the lesser 
attenuation.
    (2) For transmitters authorized a bandwidth of 10 kHz:
    (i) On any frequency outside the authorized bandwidth and removed 
from the edge of the authorized bandwidth by a displacement frequency 
(fd in kHz) of up to and including 20 kHz: at least 116 x 
Log10 ((fd+5)/3.05) decibels or 
50+10xLog10 (P) decibels or 70 decibels, whichever is the 
lesser attenuation;
    (ii) On any frequency outside the authorized bandwidth and removed 
from the edge of the authorized bandwidth by a displacement frequency 
(fd in kHz) of more than 20 kHz: at least 43+10 Log 
10 (P) decibels or 80 decibels, whichever is the lesser 
attenuation.
    (b) The measurements of emission power can be expressed in peak or 
average values provided they are expressed in the same parameters as the 
transmitter power.
    (c) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than specified in this section.
    (d) The following minimum spectrum analyzer resolution bandwidth 
settings will be used: 300 Hz when showing compliance with paragraphs 
(a)(1)(i) and (a)(2)(i) of this section; and 30 kHz when showing 
compliance with paragraphs (a)(1)(ii) and (a)(2)(ii) of this section.

[58 FR 59183, Nov. 8, 1993. Redesignated at 59 FR 18499, April 19, 1994, 
as amended at 59 FR 14119, Mar. 25, 1994; 66 FR 10968, Feb. 21, 2001]



Sec. 24.134  Co-channel separation criteria.

    The minimum co-channel separation distance between base stations in 
different service areas is 113 kilometers (70 miles). A co-channel 
separation distance is not required for the base stations of the same 
licensee or when the affected parties have agreed to other co-channel 
separation distances.



Sec. 24.135  Frequency stability.

    (a) The frequency stability of the transmitter shall be maintained 
within  0.0001 percent ( 1 
ppm) of the center frequency over a temperature variation of -30[deg] 
Celsius to +50[deg] Celsius at normal supply voltage, and over a 
variation in the primary supply voltage of 85 percent to 115 percent of 
the rated supply voltage at a temperature of 20[deg] Celsius.
    (b) For battery operated equipment, the equipment tests shall be 
performed using a new battery without any further requirement to vary 
supply voltage.
    (c) It is acceptable for a transmitter to meet this frequency 
stability requirement over a narrower temperature range provided the 
transmitter ceases to function before it exceeds these frequency 
stability limits.

[[Page 237]]



                         Subpart E_Broadband PCS

    Source: 59 FR 32854, June 24, 1994, unless otherwise noted.



Sec. 24.200  Scope.

    This subpart sets out the regulations governing the licensing and 
operations of personal communications services authorized in the 1850-
1910 and 1930-1990 MHz bands.



Sec. 24.202  Service areas.

    Broadband PCS service areas are Major Trading Areas (MTAs) and Basic 
Trading Areas (BTAs) as defined in this section. MTAs and BTAs are based 
on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd 
Edition, at pages 38-39 (``BTA/MTA Map''). Rand McNally organizes the 50 
states and the District of Columbia into 47 MTAs and 487 BTAs. The BTA/
MTA Map is available for public inspection at the Office of Engineering 
and Technology's Technical Information Center, 445 12th Street, SW, 
Washington, DC 20554.
    (a) The MTA service areas are based on the Rand McNally 1992 
Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with 
the following exceptions and additions:
    (1) Alaska is separated from the Seattle MTA and is licensed 
separately.
    (2) Guam and the Northern Mariana Islands are licensed as a single 
MTA-like area.
    (3) Puerto Rico and the United States Virgin Islands are licensed as 
a single MTA-like area.
    (4) American Samoa is licensed as a single MTA-like area.
    (b) The BTA service areas are based on the Rand McNally 1992 
Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with 
the following additions licensed separately as BTA-like areas: American 
Samoa; Guam; Northern Mariana Islands; Mayaguez/Aguadilla-Ponce, Puerto 
Rico; San Juan, Puerto Rico; and the United States Virgin Islands. The 
Mayaguez/Aguadilla-Ponce BTA-like service area consists of the following 
municipios: Adjuntas, Aguada, Aguadilla, Anasco, Arroyo, Cabo Rojo, 
Coamo, Guanica, Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, Juana 
Diaz, Lajas, Las Marias, Mayaguez, Maricao, Maunabo, Moca, Patillas, 
Penuelas, Ponce, Quebradillas, Rincon, Sabana Grande, Salinas, San 
German, Santa Isabel, Villalba, and Yauco. The San Juan BTA-like service 
area consists of all other municipios in Puerto Rico.

[59 FR 32854, June 24, 1994; 59 FR 40835, Aug. 10, 1994; 63 FR 68952, 
Dec. 14, 1998; 65 FR 53636, Sept. 5, 2000]



Sec. 24.203  Construction requirements.

    (a) Licensees of 30 MHz blocks must serve with a signal level 
sufficient to provide adequate service to at least one-third of the 
population in their licensed area within five years of being licensed 
and two-thirds of the population in their licensed area within 10 years 
of being licensed. Licensees may choose to define population using the 
1990 census or the 2000 census. Failure by any licensee to meet these 
requirements will result in forfeiture or non-renewal of the license and 
the licensee will be ineligible to regain it.
    (b) Licensees of 10 MHz blocks, including 10 MHz C block licenses 
reconfigured pursuant to Amendment of the Commission's Rules Regarding 
Installment Payment Financing for Personal Communications Services (PCS) 
Licensees, WT Docket No. 97-82, Sixth Report and Order, FCC 00-313, and 
15 MHz blocks resulting from the disaggregation option as provided in 
the Commission's Rules Regarding Installment payment Financing for 
Personal Communications Services (PCS) Licensees, Second Report and 
Order and Further Notice of Proposed Rule Making, WT Docket 97-82, 12 
FCC Rcd 16436 (1997), as modified by Order on Reconsideration of the 
Second Report and Order, WT Docket 97-82, 13 FCC Rcd 8345 (1998), must 
serve with a signal level sufficient to provide adequate service to at 
least one-quarter of the population in their licensed area within five 
years of being licensed, or make a showing of substantial service in 
their licensed area within five years of being licensed. Population is 
defined as the 1990 population census. Licensees may elect to use the 
2000 population census to determine the five-year construction 
requirement. Failure by any licensee to meet these requirements will 
result in forfeiture of the license

[[Page 238]]

and the licensee will be ineligible to regain it.
    (c) Licensees must file maps and other supporting documents showing 
compliance with the respective construction requirements within the 
appropriate five- and ten-year benchmarks of the date of their initial 
licenses.

[58 FR 59183, Nov. 8, 1993, as amended at 64 FR 26890, May 18, 1999; 65 
FR 53636, Sept. 5, 2000]



Sec. 24.229  Frequencies.

    The frequencies available in the Broadband PCS service are listed in 
this section in accordance with the frequency allocations table of Sec. 
2.106 of this chapter.
    (a) The following frequency blocks are available for assignment on 
an MTA basis:

Block A: 1850-1865 MHz paired with 1930-1945 MHz; and
Block B: 1870-1885 MHz paired with 1950-1965 MHz.

    (b) The following frequency blocks are available for assignment on a 
BTA basis:

Block C: 1895-1910 MHz paired with 1975-1990 MHz;
Pursuant to Amendment of the Commission's Rules Regarding Installment 
Payment Financing for Personal Communications Services (PCS) Licensees, 
WT Docket No. 97-82, Sixth Report and Order, FCC 00-313, all 30 MHz 
Block C licenses available for auction in Auction No. 35 or any 
subsequent auction will be reconfigured into three 10 MHz C block 
licenses as follows: 1895-1900 MHz paired with 1975-1980 MHz, 1900-1905 
MHz paired with 1980-1985 MHz, 1905-1910 MHz paired with 1985-1990 MHz;
Block D: 1865-1870 MHz paired with 1945-1950 MHz;
Block E: 1885-1890 MHz paired with 1965-1970 MHz;
Block F: 1890-1895 MHz paired with 1970-1975 MHz;

[59 FR 32854, June 24, 1994, as amended at 60 FR 13917, Mar. 15, 1995; 
60 FR 26375, May 17, 1995; 61 FR 33868, July 1, 1996; 62 FR 660, Jan. 6, 
1997; 65 FR 53637, Sept. 5, 2000]



Sec. 24.232  Power and antenna height limits.

    (a) Base stations are limited to 1640 watts peak equivalent 
isotropically radiated power (e.i.r.p.) with an antenna height up to 300 
meters HAAT. See Sec. 24.53 for HAAT calculation method. Base station 
antenna heights may exceed 300 meters with a corresponding reduction in 
power; see Table 1 of this section. In no case may the peak output power 
of a base station transmitter exceed 100 watts. The service area 
boundary limit and microwave protection criteria specified in Sec. 
24.236 and Sec. 24.237 apply.

 Table 1--Reduced Power for Base Station Antenna Heights Over 300 Meters
------------------------------------------------------------------------
                                                                Maximum
                        HAAT in meters                          e.i.r.p.
                                                                (watts)
------------------------------------------------------------------------
<=300........................................................      1,640
<=500........................................................      1,070
<=1,000......................................................        490
<=1,500......................................................        270
<=2,000......................................................        160
------------------------------------------------------------------------

    (b) Mobile/portable stations are limited to 2 watts e.i.r.p. peak 
power and the equipment must employ means to limit the power to the 
minimum necessary for successful communications.
    (c) Peak transmit power must be measured over any interval of 
continuous transmission using instrumentation calibrated in terms of an 
rms-equivalent voltage. The measurement results shall be properly 
adjusted for any instrument limitations, such as detector response 
times, limited resolution bandwidth capability when compared to the 
emission bandwidth, sensitivity, etc., so as to obtain a true peak 
measurement for the emission in question over the full bandwidth of the 
channel.



Sec. 24.235  Frequency stability.

    The frequency stability shall be sufficient to ensure that the 
fundamental emission stays within the authorized frequency block.



Sec. 24.236  Field strength limits.

    The predicted or measured median field strength at any location on 
the border of the PCS service area shall not exceed 47 dBuV/m unless the 
parties agree to a higher field strength.



Sec. 24.237  Interference protection.

    (a) All licensees are required to coordinate their frequency usage 
with the co-channel or adjacent channel incumbent fixed microwave 
licensees in

[[Page 239]]

the 1850-1990 MHz band. Coordination must occur before initiating 
operations from any base station. Problems that arise during the 
coordination process are to be resolved by the parties to the 
coordination. Licensees are required to coordinate with all users 
possibly affected, as determined by Appendix I to this subpart E 
(Appendix E of the Memorandum Opinion and Order, GEN Docket No. 90-314, 
FCC 94-144; TIA Telecommunications Systems Bulletin 10-F, ``Interference 
Criteria for Microwave Systems,'' May 1994, (TSB10-F)); or an 
alternative method agreed to by the parties.
    (b) The results of the coordination process need to be reported to 
the Commission only if the parties fail to agree. Because broadband PCS 
licensees are required to protect fixed microwave licensees in the 1850-
1990 MHz band, the Commission will be involved in the coordination 
process only upon complaint of interference from a fixed microwave 
licensee. In such a case, the Commission will resolve the issues.
    (c) In all other respects, coordination procedures are to follow the 
requirements of Sec. 101.103(d) of this chapter to the extent that 
these requirements are not inconsistent with those specified in this 
part.
    (d) The licensee must perform an engineering analysis to assure that 
the proposed facilities will not cause interference to existing OFS 
stations within the coordination distance specified in Table 2 of a 
magnitude greater than that specified in the criteria set forth in 
paragraph (e) and (f) of this section, unless there is prior agreement 
with the affected OFS licensee. Interference calculations shall be based 
on the sum of the power received at the terminals of each microwave 
receiver from all of the applicant's current and proposed PCS 
operations.

                                                      Table 2--Coordination Distances In Kilometers
                                                        [PCS Base Station Antenna HAAT in Meters]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  e.i.r.p. (W)                       5      10      20      50      100     150     200     250     300     500    1000    1500    2000
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.1.............................................      90      93      99     110     122     131     139     146     152     173     210     239     263
0.5.............................................      96     100     105     116     128     137     145     152     158     179     216     245     269
1...............................................      99     103     108     119     131     140     148     155     161     182     219     248     272
2...............................................     120     122     126     133     142     148     154     159     164     184     222     250     274
5...............................................     154     157     161     168     177     183     189     194     198     213     241     263     282
10..............................................     180     183     187     194     203     210     215     220     225     240     268     291     310
20..............................................     206     209     213     221     229     236     242     247     251     267     296     318     337
50..............................................     241     244     248     255     264     271     277     282     287     302     331     354     374
100.............................................     267     270     274     282     291     297     303     308     313     329     358     382     401
200.............................................     293     296     300     308     317     324     330     335     340     356     386     409  ......
500.............................................     328     331     335     343     352     359     365     370     375     391     421  ......  ......
1000............................................     354     357     361     369     378     385     391     397     402     418  ......  ......  ......
1200............................................     361     364     368     376     385     392     398     404     409  ......  ......  ......  ......
1640............................................     372     375     379     338     397     404     410     416     421  ......  ......  ......  ......
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: If actual value does not match table values, round to the closest higher value on this table. See Section 24.53 for HAAT calculation method.

    (e) For microwave paths of 25 kilometers or less, interference 
determinations shall be based on the C/I criteria set forth in TIA 
Telecommunications Systems Bulletin 10-F, ``Interference Criteria for 
Microwave Systems,'' May 1994 (TSB10-F).
    (f) For microwave paths longer than 25 kilometers, the interference 
protection criterion shall be such that the interfering signal will not 
produce more than 1.0 dB degradation of the practical threshold of the 
microwave receiver for analog system, or such that the interfering 
signal will not cause an increase in the bit error rate (BER) from 10E-6 
to 10E-5 for digital systems.
    (g) The development of the C/I ratios and interference criteria 
specified in paragraphs (e) and (f) of this section and the methods 
employed to compute the interfering power at the microwave receivers 
shall follow generally acceptable good engineering practices. The 
procedures described for computing interfering signal levels in 
(Appendix I to this subpart E Appendix E of the Memorandum Opinion and 
Order, GEN Docket No. 90-314, FCC 94-144) shall be

[[Page 240]]

applied. Alternatively, procedures for determining interfering signal 
levels and other criteria as may be developed by the Electronics 
Industries Association (EIA), the Institute of Electrical and 
Electronics Engineers, Inc. (IEEE), the American National Standards 
Institute (ANSI) or any other recognized authority will be acceptable to 
the Commission.

[59 FR 32854, June 24, 1994, as amended at 61 FR 29691, June 21, 1996]



Sec. 24.238  Emission limitations for Broadband PCS equipment.

    The rules in this section govern the spectral characteristics of 
emissions in the Broadband Personal Communications Service.
    (a) Out of band emissions. The power of any emission outside of the 
authorized operating frequency ranges must be attenuated below the 
transmitting power (P) by a factor of at least 43 + 10 log(P) dB.
    (b) Measurement procedure. Compliance with these rules is based on 
the use of measurement instrumentation employing a resolution bandwidth 
of 1 MHz or greater. However, in the 1 MHz bands immediately outside and 
adjacent to the frequency block a resolution bandwidth of at least one 
percent of the emission bandwidth of the fundamental emission of the 
transmitter may be employed. A narrower resolution bandwidth is 
permitted in all cases to improve measurement accuracy provided the 
measured power is integrated over the full required measurement 
bandwidth (i.e. 1 MHz or 1 percent of emission bandwidth, as specified). 
The emission bandwidth is defined as the width of the signal between two 
points, one below the carrier center frequency and one above the carrier 
center frequency, outside of which all emissions are attenuated at least 
26 dB below the transmitter power.
    (c) Alternative out of band emission limit. Licensees in this 
service may establish an alternative out of band emission limit to be 
used at specified band edge(s) in specified geographical areas, in lieu 
of that set forth in this section, pursuant to a private contractual 
arrangement of all affected licensees and applicants. In this event, 
each party to such contract shall maintain a copy of the contract in 
their station files and disclose it to prospective assignees or 
transferees and, upon request, to the FCC.
    (d) Interference caused by out of band emissions. If any emission 
from a transmitter operating in this service results in interference to 
users of another radio service, the FCC may require a greater 
attenuation of that emission than specified in this section.

[67 FR 77192, Dec. 17, 2002]

   Policies Governing Microwave Relocation From the 1850-1990 MHz Band



Sec. 24.239  Cost-sharing requirements for broadband PCS.

    Frequencies in the 1850-1990 MHz band listed in Sec. 101.147(c) of 
this chapter have been allocated for use by PCS. In accordance with 
procedures specified in Sec. Sec. 101.69 through 101.81 of this 
chapter, PCS entities (both licensed and unlicensed) are required to 
relocate the existing Fixed Microwave Services (FMS) licensees in these 
bands if interference to the existing FMS operations would occur. All 
PCS entities who benefit from spectrum clearance by other PCS entities 
or a voluntarily relocating microwave incumbent, must contribute to such 
relocation costs. PCS entities may satisfy this requirement by entering 
into private cost-sharing agreements or agreeing to terms other than 
those specified in Sec. 24.243. However, PCS entities are required to 
reimburse other PCS entities or voluntarily relocating microwave 
incumbents that incur relocation costs and are not parties to the 
alternative agreement. In addition, parties to a private cost-sharing 
agreement may seek reimbursement through the clearinghouse (as discussed 
in Sec. 24.241) from PCS entities that are not parties to the 
agreement. The cost-sharing plan is in effect during all phases of 
microwave relocation specified in Sec. 101.69 of this chapter.

[62 FR 12757, Mar. 18, 1997]



Sec. 24.241  Administration of the Cost-Sharing Plan.

    The Wireless Telecommunications Bureau, under delegated authority, 
will

[[Page 241]]

select an entity to operate as a neutral, not-for-profit clearinghouse. 
This clearinghouse will administer the cost-sharing plan by, inter alia, 
maintaining all of the cost and payment records related to the 
relocation of each link and determining the cost-sharing obligation of 
subsequent PCS entities. The cost-sharing rules will not take effect 
until an administrator is selected.

[61 FR 29691, June 12, 1996]



Sec. 24.243  The cost-sharing formula.

    A PCS relocator who relocates an interfering microwave link, i.e. 
one that is in all or part of its market area and in all or part of its 
frequency band or a voluntarily relocating microwave incumbent, is 
entitled to pro rata reimbursement based on the following formula:
[GRAPHIC] [TIFF OMITTED] TR12JN96.001

    (a) RN equals the amount of reimbursement.
    (b) C equals the actual cost of relocating the link. Actual 
relocation costs include, but are not limited to, such items as: Radio 
terminal equipment (TX and/or RX--antenna, necessary feed lines, MUX/
Modems); towers and/or modifications; back-up power equipment; 
monitoring or control equipment; engineering costs (design/path survey); 
installation; systems testing; FCC filing costs; site acquisition and 
civil works; zoning costs; training; disposal of old equipment; test 
equipment (vendor required); spare equipment; project management; prior 
coordination notification under Sec. 101.103(d) of this chapter; site 
lease renegotiation; required antenna upgrades for interference control; 
power plant upgrade (if required); electrical grounding systems; Heating 
Ventilation and Air Conditioning (HVAC) (if required); alternate 
transport equipment; and leased facilities. C also includes voluntarily 
relocating microwave incumbent's independent third party appraisal of 
its compensable relocation costs and incumbent transaction expenses that 
are directly attributable to the relocation, subject to a cap of two 
percent of the ``hard'' costs involved. C may not exceed $250,000 per 
link, with an additional $150,000 permitted if a new or modified tower 
is required.
    (c) N equals the number of PCS entities that would have interfered 
with the link. For the PCS relocator, N=1. For the next PCS entity that 
would have interfered with the link, N=2, and so on. In the case of a 
voluntarily relocating microwave incumbent, N=1 for the first PCS entity 
that would have interfered with the link. For the next PCS entity that 
would have interfered with the link, N=2, and so on.
    (d) Tm equals the number of months that have elapsed between the 
month the PCS relocator or voluntarily relocating microwave incumbent 
obtains reimbursement rights for the link and the month that the 
clearinghouse notifies a later-entrant of its reimbursement obligation 
for the link. A PCS relocator obtains reimbursement rights for the link 
on the date that it signs a relocation agreement with a microwave 
incumbent. A voluntarily relocating microwave incumbent obtains 
reimbursement rights for the link on the date that the incumbent 
notifies the Commission that it intends to discontinue, or has 
discontinued, the use of the link, pursuant to Sec. 101.305 of the 
Commission's rules.

[62 FR 12757, Mar. 18, 1997, as amended at 65 FR 46113, July 27, 2000]



Sec. 24.245  Reimbursement under the Cost-Sharing Plan.

    (a) Registration of reimbursement rights. (1) To obtain 
reimbursement, a PCS relocator must submit documentation of the 
relocation agreement to the clearinghouse within ten business days of 
the date a relocation agreement is signed with an incumbent.
    (2) To obtain reimbursement, a voluntarily relocating microwave 
incumbent must submit documentation of the relocation of the link to the 
clearinghouse within ten business days of the date that the incumbent 
notifies the Commission that it intends to discontinue, or has 
discontinued, the use of the link, pursuant to Sec. 101.305 of the 
Commission's rules.
    (b) Documentation of expenses. Once relocation occurs, the PCS 
relocator or the voluntarily relocating microwave

[[Page 242]]

incumbent, must submit documentation itemizing the amount spent for 
items listed in Sec. 24.243(b). The voluntarily relocating microwave 
incumbent, must also submit an independent third party appraisal of its 
compensable relocation costs. The appraisal should be based on the 
actual cost of replacing the incumbent's system with comparable 
facilities and should exclude the cost of any equipment upgrades or 
items outside the scope of Sec. 24.243(b). The PCS relocator or the 
voluntarily relocating microwave incumbent, must identify the particular 
link associated with appropriate expenses (i.e., costs may not be 
averaged over numerous links). If a PCS relocator pays a microwave 
incumbent a monetary sum to relocate its own facilities, the PCS 
relocator must estimate the costs associated with relocating the 
incumbent by itemizing the anticipated cost for items listed in Sec. 
24.243(b). If the sum paid to the incumbent cannot be accounted for, the 
remaining amount is not eligible for reimbursement. A PCS relocator may 
submit receipts or other documentation to the clearinghouse for all 
relocation expenses incurred since April 5, 1995.
    (c) Full Reimbursement. A PCS relocator who relocates a microwave 
link that is either fully outside its market area or its licensed 
frequency band may seek full reimbursement through the clearinghouse of 
compensable costs, up to the reimbursement cap as defined in Sec. 
24.243(b). Such reimbursement will not be subject to depreciation under 
the cost-sharing formula.

[61 FR 29692, June 12, 1996, as amended at 62 FR 12757, Mar. 18, 1997; 
65 FR 46113, July 27, 2000]



Sec. 24.247  Triggering a reimbursement obligation.

    (a) Licensed PCS. The clearinghouse will apply the following test to 
determine if a PCS entity preparing to initiate operations must pay a 
PCS relocator or a voluntarily relocating microwave incumbent in 
accordance with the formula detailed in Sec. 24.243:
    (1) All or part of the relocated microwave link was initially co-
channel with the licensed PCS band(s) of the subsequent PCS entity;
    (2) A PCS relocator has paid the relocation costs of the microwave 
incumbent; and
    (3) The subsequent PCS entity is preparing to turn on a fixed base 
station at commercial power and the fixed base station is located within 
a rectangle (Proximity Threshold) described as follows:
    (i) The length of the rectangle shall be x where x is a line 
extending through both nodes of the microwave link to a distance of 48 
kilometers (30 miles) beyond each node. The width of the rectangle shall 
be y where y is a line perpendicular to x and extending for a distance 
of 24 kilometers (15 miles) on both sides of x. Thus, the rectangle is 
represented as follows:
[GRAPHIC] [TIFF OMITTED] TC01MR91.041


[[Page 243]]


    (ii) If the application of the Proximity Threshold test indicates 
that a reimbursement obligation exists, the clearinghouse will calculate 
the reimbursement amount in accordance with the cost-sharing formula and 
notify the subsequent PCS entity of the total amount of its 
reimbursement obligation.
    (b) Unlicensed PCS. UTAM's reimbursement obligation is triggered 
either:
    (1) When a county is cleared of microwave links in the unlicensed 
allocation, and UTAM invokes a Zone 1 power cap as a result of third 
party relocation activities; or
    (2) A county is cleared of microwave links in the unlicensed 
allocation and UTAM reclassifies a Zone 2 county to Zone 1 status.

[61 FR 29692, June 12, 1996, as amended at 62 FR 12757, Mar. 18, 1997]



Sec. 24.249  Payment issues.

    (a) Timing. On the day that a PCS entity files its prior 
coordination notice (PCN) in accordance with Sec. 101.103(d) of this 
chapter, it must file a copy of the PCN with the clearinghouse. The 
clearinghouse will determine if any reimbursement obligation exists and 
notify the PCS entity in writing of its repayment obligation, if any. 
When the PCS entity receives a written copy of such obligation, it must 
pay directly to the PCS relocator or the voluntarily relocating 
microwave incumbent the amount owed within thirty days, with the 
exception of those businesses that qualify for installment payments. A 
business that qualifies for an installment payment plan must make its 
first installment payment within thirty days of notice from the 
clearinghouse. UTAM's first payment will be due thirty days after its 
reimbursement obligation is triggered, as described in Sec. 24.247(b).
    (b) Eligibility for Installment Payments. PCS licensees that are 
allowed to pay for their licenses in installments under our designated 
entity rules will have identical payment options available to them with 
respect to payments under the cost-sharing plan. The specific terms of 
the installment payment mechanism, including the treatment of principal 
and interest, are the same as those applicable to the licensee's 
installment auction payments. If, for any reason, the entity eligible 
for installment payments is no longer eligible for such installment 
payments on its license, that entity is no longer eligible for 
installment payments under the cost-sharing plan. UTAM may make 
quarterly payments over a five-year period with an interest rate of 
prime plus 2.5 percent. UTAM may also negotiate separate repayment 
arrangements with other parties.

[61 FR 29693, June 12, 1996, as amended at 62 FR 12757, Mar. 18, 1997]



Sec. 24.251  Dispute resolution under the Cost-Sharing Plan.

    Disputes arising out of the cost-sharing plan, such as disputes over 
the amount of reimbursement required, must be brought, in the first 
instance, to the clearinghouse for resolution. To the extent that 
disputes cannot be resolved by the clearinghouse, parties are encouraged 
to use expedited ADR procedures, such as binding arbitration, mediation, 
or other ADR techniques.

[61 FR 29693, June 12, 1996]



Sec. 24.253  Termination of cost-sharing obligations.

    The cost-sharing plan will sunset for all PCS entities on April 4, 
2005, which is ten years after the date that voluntary negotiations 
commenced for A and B block PCS entities. Those PCS entities that are 
paying their portion of relocation costs on an installment basis must 
continue the payments until the obligation is satisfied.

[61 FR 29693, June 12, 1996]

  Appendix I to Subpart E of Part 24--A Procedure for Calculating PCS 
   Signal Levels at Microwave Receivers (Appendix E of the Memorandum 
                           Opinion and Order)

    The new Rules adopted in Part 24 stipulate that estimates of 
interference to fixed microwave operations from a PCS operation will be 
based on the sum of signals received at a microwave receiver from the 
PCS operation. This appendix describes a procedure for computing this 
PCS level.
    In general, the procedure involves four steps:
    1. Determine the geographical coordinates of all microwave receivers 
operating on co-

[[Page 244]]

channel and adjacent frequencies within the coordination distance of 
each base station and the characteristics of each receiver, i.e., 
adjacent channel susceptibility, antenna gain, pattern and height, and 
line and other losses.
    2. Determine an equivalent isotropically radiated power (e.i.r.p.) 
for each base station and equivalent e.i.r.p. values for the mobiles and 
portables associated with each base station. Determine the values of 
pertinent correction and weighting factors based on building heights and 
density and distribution of portables. Close-in situations, prominent 
hills, and extra tall buildings require special treatment.
    3. Based on PCS e.i.r.p. values, correction and weighting factors, 
and microwave receiving system characteristics determined above, 
calculate the total interference power at the input of each microwave 
receiver, using the Longley-Rice propagation model.
    4. Based on the interference power level computed in step 3, 
determine interference to each microwave receiver using criteria 
described in Part 24 and EIA/TIA Bulletin 10-F.
    The interference from each base station and the mobiles and 
portables associated with it is calculated as follows:

Prbi=10Log (ptbi)-Lbi-
UCi+Gmwi-Ci-BPi
Prmi=10Log (nmixptmi)-Lmi-
UCi+Gmwi-Ci
Prpsi=10Log (npsixptpsi)-
Lpsi-UCi+Gmwi-Ci
Prpbi=10Log (npbixptpbi)-
Lpbi-UCi-(BPi-BHi) 
+Gmwi-Ci
Prpri=10Log (nprixptpri)-
Lpri-(UCi-BHi)+Gmwi-
Ci

where:

P refers to Power in dBm
p refers to power in milliwatts
Prbi=Power at MW receiver from ith base station in dBm
ptbi=e.i.r.p. transmitted from ith base station in 
milliwatts, which equals average power per channel x number of channels 
x antenna gain with respect to an isotropic antenna--line loss
Lbi=Path loss between MW and base station site in dB
UCi=Urban correction factor in dB
Gmwi=Gain of MW antenna in pertinent direction (dBi)
Ci=Channel discrimination of MW system in dB
Prmi=Power at MW receiver from mobiles associated with ith 
base station
ptmi=e.i.r.p. transmitted from mobiles associated with ith 
base station
nmi=Number of mobiles associated with ith base station
Lmi=Path loss between MW and mobile transmitters in dB
Prpsi=Power at MW receiver from outdoor portables (s for 
sidewalk)
ptpsi=e.i.r.p. transmitted from outdoor portables associated 
with ith base station
npsi=Number of outdoor portables associated with ith base 
station
Lpsi=Path loss between MW and outdoor portables in dB
Prpbi=Power at MW receiver from indoor portables (b for 
building)
ptpbi=e.i.r.p. transmitted from indoor portables associated 
with ith base station
npbi=number of indoor portables associated with ith base 
station
Lpbi=Path loss in dB between MW and base station site (using 
average building height divided by 2 as effective antenna height)
Prpri=Power at MW receiver from rooftop portables (r for 
rooftop)
ptpri=e.i.r.p. transmitted from rooftop portables associated 
with ith base station
npri=Number of rooftop portables associated with ith base 
station
Lpri=Path loss in dB between MW and base station site (using 
average building height as effective antenna height)
BPi=Building penetration loss at street level in dB
BHi=Height gain for portables in buildings dB=2.5x(nf-1), 
where nf is number of floors

    Note: where Ci varies from channel-to-channel, which 
often is the case, the summation process is more complex, requiring 
summation at a channel level first.

    Finally, the total PCS interference power at a given microwave 
receiver from all the base stations in a given frequency band is found 
by summing the contributions from the individual stations. Likewise, the 
total interference power at a given microwave receiver from all mobiles 
and portables operating in a given frequency band is found by summing 
the contributions from the mobiles and portables associated with each 
cell.
[GRAPHIC] [TIFF OMITTED] TR24JN94.017


[[Page 245]]


    Base Stations. Interference from each base station to each microwave 
should normally be considered independently. A group of base stations 
having more or less (within  50 percent) the same 
height above average terrain, the same e.i.r.p., basically the same path 
to a microwave receiving site, and subtending an angle to that receiving 
site of less than 5 degrees, may be treated as a group, using the total 
power of the group and the average antenna height of the group to 
calculate path loss, L.
    Mobile Stations. The e.i.r.p. from mobile transmitters is weighted 
according to the number of base station channels expected to be devoted 
to mobile operation at any given time. The antenna height of mobiles 
used in calculating path loss, L, is assumed to be 2 meters.
    Portable Stations. The e.i.r.p. from the portable units associated 
with each base station is weighted according to the estimated portion of 
portables associated with that cell expected to be operated inside 
buildings at any given time and the portion which could be expected to 
be operating from elevated locations, such as balconies or building 
rooftops. For example, in the case of service intended for business use 
in an urban area, one might expect that perhaps 85 percent of the 
portables in use at any given time would be operating from within 
buildings and perhaps 5 percent might be operating from rooftops or 
balconies. The remaining 10 percent would be outside at street level.
    Calculation of an equivalent e.i.r.p. for cells in suburban areas 
will involve different weighting criteria.
    Urban Correction Factor. The urban correction factor (UC) depends on 
the height and density of buildings surrounding a base station. For the 
core area of large cities, it is assumed to be 35 dB. For medium size 
cities and fringe areas of large cities (4- to 6-story buildings with 
scattered taller buildings and lower buildings and open spaces) it is 
assumed to be 25 dB; for small cities and towns, 15 dB, and for suburban 
residential areas (one- and two-story, single family houses with 
scattered multiple-story apartment buildings, shopping centers and open 
areas), 10 dB.
    The unadjusted urban correction factor, UC, should not be applied to 
base station antenna heights that are greater than 50 percent of the 
average building height for a cell.
    Building Height and Building Penetration Factors. The building 
height correction, BH, is a function of the average building height 
within the nominal coverage area of the base station. It is used in 
conjunction with the building penetration loss, BP, to adjust the 
expected interference contribution from that portion of the portables 
transmitting from within buildings. The adjustment is given by:

BP=20 dB in urban areas
BP=10 dB in suburban areas
BH=2.5x(nf-1) dB

where nf is the average height (number of floors) of the buildings in 
the area.
    (Note that this formula implies a net gain when the average building 
height is greater than 8 floors). All buildings more than twice the 
average height should be considered individually. The contribution to BH 
from that portion of portables in the building above the average 
building height should be increased by a factor of 20Log(h) dB, where h 
is the height of the portables above the average building height in 
meters.
    Channel Discrimination Factor. A factor based on the interference 
selectivity of the microwave receiver.
    Propagation Model. The PCS to microwave path loss, L, is calculated 
using the Longley-Rice propagation model, Version 1.2.2., in the point-
to-point mode. The Longley-Rice [1] model was derived from NBS Technical 
Note 101 [2], and updated in 1982 by Hufford [3]. Version 1.2.2 
incorporated modifications described in a letter by Hufford [4] in 1985. 
Terrain elevations used as input to the model should be from the U.S. 
Geological Survey 3-second digitized terrain database.
    Special Situations. If a cell size is large compared to the distance 
between the cell and a microwave receiving site so that it subtends an 
angle greater than 5 degrees, the cell should be subdivided and 
calculations should be based on the expected distribution of mobiles and 
portables within each subdivision.
    If terrain elevations within a cell differ by more than a factor of 
two-to-one, the cell should be subdivided and microwave interference 
calculations should be based on the average terrain elevation for each 
subdivision.
    If a co-channel PCS base station lies within the main beam of a 
microwave antenna (5 degrees), there is no 
intervening terrain obstructions, and the power at the microwave 
receiver from that base station, assuming free space propagation, would 
be 3 dB or less below the interference threshold, interference will be 
assumed to exist unless the PCS licensee can demonstrate otherwise by 
specific path loss calculations based on terrain and building losses.
    If any part of a cell or cell subdivision lies within the main beam 
of a co-channel microwave antenna, there is no intervening terrain 
obstructions, and the accumulative power of 5 percent or less of the 
mobiles, assuming free space propagation would be 3 dB or less below the 
interference threshold, interference will be assumed to exist unless the 
PCS licensee can demonstrate otherwise by specific path loss 
calculations based on terrain and building losses.

[[Page 246]]

    If a building within a cell or cell subdivision lies within the main 
beam of a co-channel microwave antenna, there is no intervening terrain 
obstructions, and the cumulative power of 5 percent or fewer of the 
portables, assuming free space propagation, would be 3 dB or less below 
the interference threshold, interference will be assumed to exist unless 
the PCS licensee can demonstrate otherwise by specific path loss 
calculations based on terrain and building losses.

                               References:

    1. Longley, A.G. and Rice, P.L., ``Prediction of Tropospheric Radio 
Transmission Loss Over Irregular Terrain, A Computer Method-1968'', ESSA 
Technical Report ERL 79-ITS 67, Institute for Telecommunications 
Sciences, July 1968.
    2. Rice, P.L. Longley, A.G., Norton, K.A., Barsis, A.P., 
``Transmission Loss Predictions for Tropospheric Communications 
Circuits,'' NBS Technical Note 101 (Revised), Volumes I and II, U.S. 
Department of Commerce, 1967.
    3. Hufford, G.A., Longley, A.G. and Kissick, W.A., ``A Guide to the 
use of the ITS Irregular Terrain Model in the Area Prediction Mode'', 
NTIA Report 82-100, U.S. Department of Commerce, April 1982. Also, 
Circular letter, dated January 30, 1985, from G.A. Hufford, identifying 
modifications to the computer program.
    4. Hufford, G.A., Memorandum to Users of the ITS Irregular Terrain 
Model, Institute for Telecommunications Sciences, U.S. Department of 
Commerce, January 30, 1985.



       Subpart F_Competitive Bidding Procedures for Narrowband PCS

    Source: 59 FR 26747, May 24, 1994, unless otherwise noted.



Sec. 24.301  Narrowband PCS subject to competitive bidding.

    Mutually exclusive initial applications for narrowband PCS service 
licenses are subject to competitive bidding. The general competitive 
bidding procedures set forth in part 1, subpart Q of this chapter will 
apply unless otherwise provided in this subpart.

[67 FR 45367, July 9, 2002]



Sec. 24.302-24.309  [Reserved]



Sec. 24.320  [Reserved]



Sec. 24.321  Designated entities.

    (a) Eligibility for small business provisions. (1) A small business 
is an entity that, together with its controlling interests and 
affiliates, has average gross revenues not exceeding $ 40 million for 
the preceding three years.
    (2) A very small business is an entity that, together with its 
controlling interests and affiliates, has average gross revenues not 
exceeding $ 15 million for the preceding three years.
    (b) Bidding credits. After August 7, 2000, a winning bidder that 
qualifies as a small business, as defined in this section, or a 
consortium of small businesses may use the bidding credit specified in 
Sec. 1.2110(f)(2)(iii) of this chapter. A winning bidder that qualifies 
as a very small business, as defined in this section, or a consortium of 
very small businesses may use the bidding credit specified in Sec. 
1.2110(f)(2)(ii) of this chapter.
    (c) Installment payments. Small businesses that are winning bidders 
on any regional license prior to August 7, 2000 will be eligible to pay 
the full amount of their winning bids in installments over the term of 
the license pursuant to the terms set forth in Sec. 1.2110(g) of this 
chapter.

[67 FR 45367, July 9, 2002, as amended at 68 FR 42998, July 21, 2003]



   Subpart G_Interim Application, Licensing and Processing Rules for 
                             Narrowband PCS

    Source: 59 FR 26749, May 24, 1994, unless otherwise noted.



Sec. 24.403  Authorization required.

    No person shall use or operate any device for the transmission of 
energy or communications by radio in the services authorized by this 
part except as provided in this part.



Sec. 24.404  Eligibility.

    (a) General. Authorizations will be granted upon proper application 
if:
    (1) The applicant is qualified under the applicable laws and the 
regulations, policies and decisions issued under the laws, including 
Sec. 24.12;
    (2) There are frequencies available to provide satisfactory service; 
and
    (3) The public interest, convenience or necessity would be served by 
a grant.

[[Page 247]]

    (b) Alien ownership. A narrowband PCS authorization to provide 
Commercial Mobile Radio Service may not be granted to or held by:
    (1) Any alien or the representative of any alien.
    (2) Any corporation organized under the laws of any foreign 
government.
    (3) Any corporation of which more than one-fifth of the capital 
stock is owned of record or voted by aliens or their representatives or 
by a foreign government or representative thereof or any corporation 
organized under the laws of a foreign country.
    (4) Any corporation directly or indirectly controlled by any other 
corporation of which more than one-fourth of the capital stock is owned 
or voted by aliens, their representatives, or by a foreign government or 
representative thereof, or by any corporation organized under the laws 
of a foreign country, if the Commission finds that the public interest 
will be served by the refusal or revocation of such license. A 
Narrowband PCS authorization to provide Private Mobile Radio Service may 
not be granted to or held by a foreign government or a representative 
thereof.

[59 FR 26749, May 24, 1994, as amended at 61 FR 55581, Oct. 28, 1996; 65 
FR 35855, June 6, 2000]



Sec. Sec. 24.405-24.414  [Reserved]



Sec. 24.415  Technical content of applications; maintenance of list of 
station locations.

    (a) All applications required by this part shall contain all 
technical information required by the application forms or associated 
public notice(s). Applications other than initial applications for a 
narrowband PCS license must also comply with all technical requirements 
of the rules governing the narrowband PCS (see subparts C and D as 
appropriate). The following paragraphs describe a number of general 
technical requirements.
    (b) Each application (except applications for initial licenses filed 
on Form 175) for a radio station authorization for narrowband PCS must 
comply with the provisions of Sec. Sec. 24.129 through 24.135.
    (c)-(i) [Reserved]
    (j) The location of the transmitting antenna shall be considered to 
be the station location. Narrowband PCS licensees must maintain a 
current list of all station locations, which must describe the 
transmitting antenna site by its geographical coordinates and also by 
conventional reference to street number, landmark, or the equivalent. 
All such coordinates shall be specified in terms of degrees, minutes, 
and seconds to the nearest second of latitude and longitude.

[59 FR 26749, May 24, 1994; 59 FR 43898, Aug. 25, 1994]



Sec. Sec. 24.416-24.429  [Reserved]



Sec. 24.430  Opposition to applications.

    (a) Petitions to deny (including petitions for other forms of 
relief) and responsive pleadings for Commission consideration must 
comply with Sec. 1.2108 of this chapter and must:
    (1) Identify the application or applications (including applicant's 
name, station location, Commission file numbers and radio service 
involved) with which it is concerned;
    (2) Be filed in accordance with the pleading limitations, filing 
periods, and other applicable provisions of Sec. Sec. 1.41 through 1.52 
of this chapter except where otherwise provided in Sec. 1.2108 of this 
chapter;
    (3) Contain specific allegations of fact which, except for facts of 
which official notice may be taken, shall be supported by affidavit of a 
person or persons with personal knowledge thereof, and which shall be 
sufficient to demonstrate that the petitioner (or respondent) is a party 
in interest and that a grant of, or other Commission action regarding, 
the application would be prima facie inconsistent with the public 
interest; and
    (4) Contain a certificate of service showing that it has been mailed 
to the applicant no later than the date of filing thereof with the 
Commission.
    (b) A petition to deny a major amendment to a previously filed 
application may only raise matters directly related to the amendment 
which could not have been raised in connection with the underlying, 
previously filed

[[Page 248]]

application. This does not apply to petitioners who gain standing 
because of the major amendment.
    (c) Parties who file frivolous petitions to deny may be subject to 
sanctions including monetary forfeitures, license revocation, if they 
are FCC licensees, and may be prohibited from participating in future 
auctions.

[59 FR 44072, Aug. 26, 1994, as amended at 65 FR 35855, June 6, 2000]



Sec. 24.431  Mutually exclusive applications.

    (a) The Commission will consider applications to be mutually 
exclusive if their conflicts are such that the grant of one application 
would effectively preclude by reason of harmful electrical interference, 
or other practical reason, the grant of one or more of the other 
applications. The Commission will presume ``harmful electrical 
interference'' to mean interference which would result in a material 
impairment to service rendered to the public despite full cooperation in 
good faith by all applicants or parties to achieve reasonable technical 
adjustments which would avoid electrical conflict.
    (b) Mutually exclusive applications filed on Form 175 for the 
initial provision of narrowband PCS service are subject to competitive 
bidding in accordance with the procedures in subpart F of this part and 
in 47 CFR part 1, subpart Q.
    (c) An application will be entitled to comparative consideration 
with one or more conflicting applications only if the Commission 
determines that such comparative consideration will serve the public 
interest.



Sec. Sec. 24.432-24.444  [Reserved]



       Subpart H_Competitive Bidding Procedures for Broadband PCS

    Source: 59 FR 37604, July 22, 1994, unless otherwise noted.



Sec. 24.701  Broadband PCS subject to competitive bidding.

    Mutually exclusive initial applications for broadband PCS service 
licenses are subject to competitive bidding. The general competitive 
bidding procedures set forth in part 1, subpart Q of this chapter will 
apply unless otherwise provided in this subpart.

[67 FR 45367, July 9, 2002]



Sec. Sec. 24.702-24.708  [Reserved]



Sec. 24.709  Eligibility for licenses for frequency Blocks C or F.

    (a) General rule for licenses offered for closed bidding. (1) No 
application is acceptable for filing and no license shall be granted to 
a winning bidder in closed bidding for frequency block C or frequency 
block F, unless the applicant, together with its affiliates and persons 
or entities that hold interests in the applicant and their affiliates, 
have had gross revenues of less than $125 million in each of the last 
two years and total assets of less than $500 million at the time the 
applicant's short-form application (Form 175) is filed.
    (2) Any licensee awarded a license won in closed bidding pursuant to 
the eligibility requirements of this section (or pursuant to Sec. 
24.839(a)(2)) shall maintain its eligibility until at least five years 
from the date of initial license grant, except that a licensee's (or 
other attributable entity's) increased gross revenues or increased total 
assets due to nonattributable equity investments (i.e., from sources 
whose gross revenues and total assets are not considered under paragraph 
(b) of this section), debt financing, revenue from operations or other 
investments, business development, or expanded service shall not be 
considered.
    (3) Tiers. (i) For purposes of determining spectrum to which the 
eligibility requirements of this section are applicable, the BTA service 
areas (see Sec. 24.202(b)) are divided into two tiers according to 
their population as follows:
    (A) Tier 1: BTA service areas with population equal to or greater 
than 2.5 million;
    (B) Tier 2: BTA service areas with population less than 2.5 million.
    (ii) For Auction No. 35, the population of individual BTA service 
areas will be based on the 1990 census. For auctions beginning after the 
start of Auction No. 35, the population of individual BTA service areas 
will be based on the most recent available decennial census.

[[Page 249]]

    (4) Application of eligibility requirements. (i) The following 
categories of licenses will be subject to closed bidding pursuant to the 
eligibility requirements of this section in auctions that begin after 
the effective date of this paragraph.
    (A) For Tier 1 BTAs, one of the 10 MHz C block licenses (1895-1900 
MHz paired with 1975-1980 MHz);
    (B) For Tier 2 BTAs, two of the 10 MHz C block licenses (1895-1900 
MHz paired with 1975-1980 MHz; 1900-1905 MHz paired with 1980-1985 MHz) 
and all 15 MHz C block licenses.
    (ii) Notwithstanding the provisions of paragraph (a)(4)(i) of this 
section, any C block license for operation on spectrum that has been 
offered, but not won by a bidder, in closed bidding in any auction 
beginning on or after March 23, 1999, will not be subject in a 
subsequent auction to closed bidding pursuant to the eligibility 
requirements of this section.
    (5) Special rule for licensees disaggregating or returning certain 
spectrum in frequency block C.
    (i) In addition to entities qualifying for closed bidding under 
paragraph (a)(1) of this section, any entity that was eligible for and 
participated in the auction for frequency block C, which began on 
December 18, 1995, or the reauction for frequency block C, which began 
on July 3, 1996, will be eligible to bid for C block licenses offered in 
closed bidding in any reauction of frequency block C spectrum that 
begins within two years of March 23, 1999.
    (ii) In cases of merger, acquisition, or other business combination 
of entities, where each of the entities is eligible to bid for C block 
licenses offered in closed bidding in any reauction of C block spectrum 
on the basis of the eligibility exception set forth in paragraph 
(a)(5)(i) of this section, the resulting entity will also be eligible 
for the exception specified in paragraph (a)(5)(i) of this section.
    (iii) In cases of merger, acquisition, or other business combination 
of entities, where one or more of the entities are ineligible for the 
exception set forth in paragraph (a)(5)(i) of this section, the 
resulting entity will not be eligible pursuant to paragraph (a)(5)(i) of 
this section unless an eligible entity possesses de jure and de facto 
control over the resulting entity.
    (iv) The following restrictions will apply for any reauction of 
frequency block C spectrum conducted after March 24, 1998:
    (A) Applicants that elected to disaggregate and surrender to the 
Commission 15 MHz of spectrum from any or all of their frequency block C 
licenses, as provided in Amendment of the Commission's Rules Regarding 
Installment Payment Financing for Personal Communications Services (PCS) 
Licensees, Second Report and Order and Further Notice of Proposed Rule 
Making, WT Docket No. 97-82, 12 FCC Rcd 16,436 (1997), as modified by 
the Order on Reconsideration of the Second Report and Order, WT Docket 
No. 97-82, FCC 98-46 (rel. Mar. 24, 1998), will not be eligible to apply 
for such disaggregated spectrum until 2 years from the start of the 
reauction of that spectrum.
    (B) Applicants that surrendered to the Commission any of their 
frequency block C licenses, as provided in Amendment of the Commission's 
Rules Regarding Installment Payment Financing for Personal 
Communications Services (PCS) Licensees, Second Report and Order and 
Further Notice of Proposed Rule Making, WT Docket No. 97-82, 12 FCC Rcd 
16,436 (1997), as modified by the Order on Reconsideration of the Second 
Report and Order, WT Docket No. 97-82, FCC 98-46 (rel. Mar. 24, 1998), 
will not be eligible to apply for the licenses that they surrendered to 
the Commission until 2 years from the start of the reauction of those 
licenses if they elected to apply a credit of 70% of the down payment 
they made on those licenses toward the prepayment of licenses they did 
not surrender.
    (b) Exceptions to general rule. (1) Scope. The following provisions 
apply to licenses acquired in Auctions No. 5, 10, 11 or 22, or pursuant 
to Sec. 24.839(a)(2) or (a)(3) prior to October 30, 2000.
    (i) Small business consortia. Where an applicant (or licensee) is a 
consortium of small businesses, the gross revenues and total assets of 
each small business shall not be aggregated.
    (ii) Publicly-traded corporations. Where an applicant (or licensee) 
is a

[[Page 250]]

publicly traded corporation with widely dispersed voting power, the 
gross revenues and total assets of a person or entity that holds an 
interest in the applicant (or licensee), and its affiliates, shall not 
be considered.
    (iii) 25 Percent equity exception. The gross revenues and total 
assets of a person or entity that holds an interest in the applicant (or 
licensee), and its affiliates, shall not be considered so long as:
    (A) Such person or entity, together with its affiliates, holds only 
nonattributable equity equaling no more than 25 percent of the 
applicant's (or licensee's) total equity;
    (B) Except as provided in paragraph (b)(1)(v) of this section, such 
person or entity is not a member of the applicant's (or licensee's) 
control group; and
    (C) The applicant (or licensee) has a control group that complies 
with the minimum equity requirements of paragraph (b)(1)(v) of this 
section, and, if the applicant (or licensee) is a corporation, owns at 
least 50.1 percent of the applicant's (or licensee's) voting interests, 
and, if the applicant (or licensee) is a partnership, holds all of its 
general partnership interests.
    (iv) 49.9 Percent equity exception. The gross revenues and total 
assets of a person or entity that holds an interest in the applicant (or 
licensee), and its affiliates, shall not be considered so long as:
    (A) Such person or entity, together with its affiliates, holds only 
nonattributable equity equaling no more than 49.9 percent of the 
applicant's (or licensee's) total equity;
    (B) Except as provided in paragraph (b)(1)(vi) of this section, such 
person or entity is not a member of the applicant's (or licensee's) 
control group; and
    (C) The applicant (or licensee) has a control group that complies 
with the minimum equity requirements of paragraph (b)(1)(vi) of this 
section and, if the applicant (or licensee) is a corporation, owns at 
least 50.1 percent of the applicant's (or licensee's) voting interests, 
and, if the applicant (or licensee) is a partnership, holds all of its 
general partnership interests.
    (v) Control group minimum 25 percent equity requirement. In order to 
be eligible to exclude gross revenues and total assets of persons or 
entities identified in paragraph (b)(1)(iii) of this section, and 
applicant (or licensee) must comply with the following requirements:
    (A) Except for an applicant (or licensee) whose sole control group 
member is a preexisting entity, as provided in paragraph (b)(1)(v)(B) of 
this section, at the time the applicant's short-form application (Form 
175) is filed and until at least three years following the date of 
initial license grant, the applicant's (or licensee's) control group 
must own at least 25 percent of the applicant's (or licensee's) total 
equity as follows:
    (1) At least 15 percent of the applicant's (or licensee's) total 
equity must be held by qualifying investors, either unconditionally or 
in the form of options exercisable, at the option of the holder, at any 
time and at any exercise price equal to or less than the market value at 
the time the applicant files its short-form application (Form 175);
    (2) Such qualifying investors must hold 50.1 percent of the voting 
stock and all general partnership interests within the control group, 
and must have de facto control of the control group and of the 
applicant;
    (3) The remaining 10 percent of the applicant's (or licensee's) 
total equity may be owned, either unconditionally or in the form of 
stock options, by any of the following entities, which may not comply 
with Sec. 24.720(g)(1):
    (i) Institutional Investors;
    (ii) Noncontrolling existing investors in any preexisting entity 
that is a member of the control group;
    (iii) Individuals that are members of the applicant's (or 
licensee's) management; or
    (iv) Qualifying investors, as specified in Sec. 24.720(g)(3).
    (4) Following termination of the three-year period specified in 
paragraph (b)(1)(v)(A) of this section, qualifying investors must 
continue to own at least 10 percent of the applicant's (or licensee's) 
total equity unconditionally or in the form of stock options subject to 
the restrictions in paragraph (b)(1)(v)(A)(1) of this section. The 
restrictions specified in paragraphs (b)(1)(v)(A)(3)(i) through 
(b)(1)(v)(A)(3)(iv) of this section no longer apply to the remaining 
equity

[[Page 251]]

after termination of such three-year period.
    (B) At the election of an applicant (or licensee) whose control 
group's sole member is a preexisting entity, the 25 percent minimum 
equity requirements set forth in paragraph (b)(1)(v)(A) of this section 
shall apply, except that only 10 percent of the applicant's (or 
licensee's) total equity must be held in qualifying investors, and that 
the remaining 15 percent of the applicant's (or licensee's) total equity 
may be held by qualifying investors, or noncontrolling existing 
investors in such control group member or individuals that are members 
of the applicant's (or licensee's) management. These restrictions on the 
identity of the holder(s) of the remaining 15 percent of the licensee's 
total equity no longer apply after termination of the three-year period 
specified in paragraph (b)(1)(v)(A) of this section.
    (vi) Control group minimum 50.1 percent equity requirement. In order 
to be eligible to exclude gross revenues and total assets of persons or 
entities identified in paragraph (b)(1)(iv) of this section, an 
applicant (or licensee) must comply with the following requirements:
    (A) Except for an applicant (or licenses) whose sole control group 
member is a preexisting entity, as provided in paragraph (b)(1)(vi)(B) 
of this section, at the time the applicant's short-form application 
(Form 175) is filed and until at least three years following the date of 
initial license grant, the applicant's (or licensee's) control group 
must own at least 50.1 percent of the applicant's (or licensee's) total 
equity as follows:
    (1) At least 30 percent of the applicant's (or licensee's) total 
equity must be held by qualifying investors, either unconditionally or 
in the form of options, exercisable at the option of the holder, at any 
time and at any exercise price equal to or less than the market value at 
the time the applicant files its short-form application (Form 175);
    (2) Such qualifying investors must hold 50.1 percent of the voting 
stock and all general partnership interests within the control group and 
must have de facto control of the control group and of the applicant;
    (3) The remaining 20.1 percent of the applicant's (or licensee's) 
total equity may be owned by qualifying investors, either 
unconditionally or in the form of stock options not subject to the 
restrictions of paragraph (b)(1)(vi)(A)(1) of this section, or by any of 
the following entities which may not comply with Sec. 24.720(g)(1):
    (i) Institutional investors, either unconditionally or in the form 
of stock options;
    (ii) Noncontrolling existing investors in any preexisting entity 
that is a member of the control group, either unconditionally or in the 
form of stock options;
    (iii) Individuals that are members of the applicant's (or 
licensee's) management, either unconditionally or in the form of stock 
options; or
    (iv) Qualifying investors, as specified in Sec. 24.720(g)(3).
    (4) Following termination of the three-year period specified in 
paragraph (b)(1)(vi)(A) of this section, qualifying investors must 
continue to own at least 20 percent of the applicant's (or licensee's) 
total equity unconditionally or in the form of stock options subject to 
the restrictions in paragraph (b)(1)(vi)(A)(1) of this section. The 
restrictions specified in paragraph (b)(1)(vi)(A)(3)(i) through 
(b)(1)(vi)(A)(3)(iv) of this section no longer apply to the remaining 
equity after termination of such three-year period.
    (B) At the election of an applicant (or licensee) whose control 
group's sole member is a preexisting entity, the 50.1 percent minimum 
equity requirements set forth in paragraph (b)(1)(vi)(A) of this section 
shall apply, except that only 20 percent of the applicant's (or 
licensee's) total equity must be held by qualifying investors, and that 
the remaining 30.1 percent of the applicant's (or licensee's) total 
equity may be held by qualifying investors, or noncontrolling existing 
investors in such control group member or individuals that are members 
of the applicant's (or licensee's) management. These restrictions on the 
identity of the holder(s) of the remaining 30.1 percent of the 
licensee's total equity no longer apply after termination of the three-
year period specified in paragraph (b)(1)(vi)(A) of this section.

[[Page 252]]

    (vii) Calculation of certain interests. Except as provided in 
paragraphs (b)(1)(v) and (b)(1)(vi) of this section, ownership interests 
shall be calculated on a fully diluted basis; all agreements such as 
warrants, stock options and convertible debentures will generally be 
treated as if the rights thereunder already have been fully exercised, 
except that such agreements may not be used to appear to terminate or 
divest ownership interests before they actually do so, in order to 
comply with the nonattributable equity requirements in paragraphs 
(b)(1)(iii)(A) and (b)(1)(iv)(A) of this section.
    (viii) Aggregation of affiliate interests. Persons or entities that 
hold interest in an applicant (or licensee) that are affiliates of each 
other or have an identify of interests identified in Sec. 
1.2110(c)(5)(iii) will be treated as though they were one person or 
entity and their ownership interests aggregated for purposes of 
determining an applicant's (or licensee's) compliance with the 
nonattributable equity requirements in paragraphs (b)(1)(iii)(A) and 
(b)(1)(iv)(A) of this section.

    Example 1 for paragraph (b)(1)(viii). ABC Corp. is owned by 
individuals, A, B, and C, each having an equal one-third voting interest 
in ABC Corp. A and B together, with two-thirds of the stock have the 
power to control ABC Corp. and have an identity of interest. If A & B 
invest in DE Corp., a broadband PCS applicant for block C, A and B's 
separate interests in DE Corp. must be aggregated because A and B are to 
be treated as one person.
    Example 2 for paragraph (b)(1)(viii). ABC Corp. has subsidiary BC 
Corp., of which it holds a controlling 51 percent of the stock. If ABC 
Corp. and BC Corp., both invest in DE Corp., their separate interests in 
DE Corp. must be aggregated because ABC Corp. and BC Corp. are 
affiliates of each other.

    (2) The following provisions apply to licenses acquired pursuant to 
Sec. 24.839(a)(2) or (a)(3) on or after October 30, 2000. In addition 
to the eligibility requirements set forth at 24.709(a) and (b), 
applicants and/or licensees seeking to acquire C and/or F block licenses 
pursuant to 24.839(a)(2) or (a)(3) will be subject to the controlling 
interest standard in 1.2110(c)(2) of this chapter for purposes of 
determining unjust enrichment payment obligations. See Sec. 1.2111 of 
this chapter.
    (c) Short-form and long-form applications: Certifications and 
disclosure.
    (1) Short-form application. In addition to certifications and 
disclosures required by part 1, subpart Q of this chapter, each 
applicant to participate in closed bidding for frequency block C or 
frequency block F shall certify on its short-form application (Form 175) 
that it is eligible to bid on and obtain such license(s), and (if 
applicable) that it is eligible for designated entity status pursuant to 
this section and Sec. 24.720, and shall append the following 
information as an exhibit to its Form 175:
    (i) For all applicants: The applicant's gross revenues and total 
assets, computed in accordance with paragraphs (a) of this section and 
Sec. 1.2110(b)(1) through (b)(2) of this chapter.
    (ii) For all applicants that participated in Auction Nos. 5, 10, 11, 
and/or 22:
    (A) The identity of each member of the applicant's control group, 
regardless of the size of each member's total interest in the applicant, 
and the percentage and type of interest held;
    (B) The status of each control group member that is an institutional 
investor, an existing investor, and/or a member of the applicant's 
management;
    (C) The identity of each affiliate of the applicant and each 
affiliate of individuals or entities identified pursuant to paragraphs 
(C)(1)(ii)(A) and (c)(1)(ii)(B) of this section;
    (D) A certification that the applicant's sole control group member 
is a preexisting entity, if the applicant makes the election in either 
paragraph (b)(1)(v)(B) or (b)(1)(vi)(B)of this section; and
    (E) For an applicant that is a publicly traded corporation with 
widely disbursed voting power:
    (1) A certified statement that such applicant complies with the 
requirements of the definition of publicly traded corporation with 
widely disbursed voting power set forth in Sec. 24.720(f);
    (2) The identity of each affiliate of the applicant.
    (iii) For each applicant claiming status as a small business 
consortium, the information specified in paragraph

[[Page 253]]

(c)(1)(ii) of this section, for each member of such consortium.
    (2) Long-form application. In addition to the requirements in 
subpart I of this part and other applicable rules (e.g., Sec. Sec. 
20.6(e) and 20.9(b) of this chapter), each applicant submitting a long-
form application for a license(s) for frequency block C or F shall in an 
exhibit to its long-form application:
    (i) Disclose separately and in the aggregate the gross revenues and 
total assets, computed in accordance with paragraphs (a) and (b) of this 
section, for each of the following: The applicant; the applicant's 
affiliates, the applicant's control group members; the applicant's 
attributable investors; and affiliates of its attributable investors;
    (ii) List and summarize all agreements or other instruments (with 
appropriate references to specific provisions in the text of such 
agreements and instruments) that support the applicant's eligibility for 
a license(s) for frequency block C or frequency block F and its 
eligibility under Sec. Sec. 24.711, 24.712, 24.714 and 24.720, 
including the establishment of de facto and de jure control; such 
agreements and instruments include articles of incorporation and bylaws, 
shareholder agreements, voting or other trust agreements, partnership 
agreements, management agreements, joint marketing agreements, franchise 
agreements, and any other relevant agreements (including letters of 
intent), oral or written; and
    (iii) List and summarize any investor protection agreements and 
identify specifically any such provisions in those agreements identified 
pursuant to paragraph (c)(2)(ii) of this section, including rights of 
first refusal, supermajority clauses, options, veto rights, and rights 
to hire and fire employees and to appoint members to boards of directors 
or management committees.
    (3) Records maintenance. All applicants, including those that are 
winning bidders, shall maintain at their principal place of business an 
updated file of ownership, revenue and asset information, including 
those documents referenced in paragraphs (c)(2)(ii) and (c)(2)(iii) of 
this section and any other documents necessary to establish eligibility 
under this section and any other documents necessary to establish 
eligibility under this section or under the definition of small 
business. Licensees (and their successors in interest) shall maintain 
such files for the term of the license. Applicants that do not obtain 
the license(s) for which they applied shall maintain such files until 
the grant of such license(s) is final, or one year from the date of the 
filing of their short-form application (Form 175), whichever is earlier.
    (d) Definitions. The terms control group, existing investor, 
institutional investor, nonattributable equity, preexisting entity, 
publicly traded corporation with widely dispersed voting power, 
qualifying investor, and small business used in this section are defined 
in Sec. 24.720.

[67 FR 45368, July 9, 2002, as amended at 68 FR 42998, July 21, 2003]



Sec. 24.710  [Reserved]



Sec. 24.711  Installment payments for licenses for frequency Block C.

    Installment payments. Each eligible licensee of frequency Block C 
may pay the remaining 90 percent of the net auction price for the 
license in installment payments pursuant to Sec. 1.2110(f) of this 
chapter and under the following terms:
    (a) For an eligible licensee with gross revenues exceeding $75 
million (calculated in accordance with Sec. 1.2110(n) of this chapter 
and Sec. 24.709(b)) in each of the two preceding years (calculated in 
accordance with Sec. 1.2110(n) of this chapter), interest shall be 
imposed based on the rate for ten-year U.S. Treasury obligations 
applicable on the date the license is granted, plus 3.5 percent; 
payments shall include both principal and interest amortized over the 
term of the license.
    (b) For an eligible licensee with gross revenues not exceeding $75 
million (calculated in accordance with Sec. 1.2110(b) of this chapter 
and Sec. 24.709(b)) in each of the two preceding years, interest shall 
be imposed based on the rate for ten-year U.S. Treasury obligations 
applicable on the date the license is granted, plus 2.5 percent; 
payments shall include interest only for the first year and payments of 
interest and principal amortized over the remaining nine years of the 
license term.

[[Page 254]]

    (c) For an eligible licensee that qualifies as a small business or 
as a consortium of small businesses, interest shall be imposed based on 
the rate for ten-year U.S. Treasury obligations applicable on the date 
the license is granted; payments shall include interest only for the 
first six years and payments of interest and principal amortized over 
the remaining four years of the license term.

[67 FR 45371, July 9, 2002, as amended at 68 FR 42999, July 21, 2003]



Sec. 24.712  Bidding credits for licenses won for frequency Block C.

    (a) Except with respect to licenses won in closed bidding in 
auctions that begin after March 23, 1999, a winning bidder that 
qualifies as a small business, as defined in Sec. 24.720(b)(1), or a 
consortium of small businesses may use a bidding credit of fifteen 
percent, as specified in Sec. 1.2110(f)(2)(iii) of this chapter, to 
lower the cost of its winning bid.
    (b) Except with respect to licenses won in closed bidding in 
auctions that begin after March 23, 1999, a winning bidder that 
qualifies as a very small business, as defined in Sec. 24.720(b)(2), or 
a consortium of very small businesses may use a bidding credit of 
twenty-five percent as specified in Sec. 1.2110(f)(2)(ii) of this 
chapter, to lower the cost of its winning bid.
    (c) Unjust enrichment. The unjust enrichment provisions of Sec. 
1.2111(d) and (e)(2) of this chapter shall not apply with respect to 
licenses acquired in either the auction for frequency block C that began 
on December 18, 1995, or the reauction of block C spectrum that began on 
July 3, 1996.

[67 FR 45371, July 9, 2002, as amended at 68 FR 42999, July 21, 2003]



Sec. 24.713  [Reserved]



Sec. 24.714   Partitioned licenses and disaggregated spectrum.

    (a) Eligibility. (1) Parties seeking approval for partitioning and 
disaggregation shall request an authorization for partial assignment of 
a license pursuant to Sec. 24.839.
    (2) Broadband PCS licensees in spectrum blocks A, B, D, and E and 
broadband PCS C and F block licenses not subject to the eligibility 
requirements of Sec. 24.709 may apply to partition their licensed 
geographic service area or disaggregate their licensed spectrum at any 
time following the grant of their licenses.
    (3) Broadband PCS licensees that acquired C or F block licenses in 
closed bidding subject to the eligibility requirements of Sec. 24.709 
may partition their licensed geographic service area or disaggregate 
their licensed spectrum at any time to an entity that meets the 
eligibility criteria set forth in Sec. 24.709 at the time the request 
for partial assignment of license is filed or to an entity that holds 
license(s) for frequency blocks C and F that met the eligibility 
criteria set forth in Sec. 24.709 at the time of receipt of such 
license(s). Partial assignment applications seeking partitioning or 
disaggregation of broadband PCS licenses in spectrum blocks C and F must 
include an attachment demonstrating compliance with this section.
    (b) Technical standards--(1) Partitioning. In the case of 
partitioning, applicants and licensees must file FCC Form 603 pursuant 
to Sec. 1.948 of this chapter and list the partitioned service area on 
a schedule to the application. 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).
    (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) 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. Sec. 
1.2110(g) of this chapter or 24.716, and partitions its licensed area or 
disaggregates spectrum to another party, the outstanding balance owed by

[[Page 255]]

the licensee on its installment payment plan (including accrued and 
unpaid interest) shall be apportioned between the licensee and 
partitionee or disaggregatee. Both parties will be responsible for 
paying their proportionate share of the outstanding balance to the U.S. 
Treasury. In the case of partitioning, the balance shall be apportioned 
based upon the ratio of the population of the partitioned area to the 
population of the entire original license area calculated based upon the 
most recent census data. In the case of disaggregation, the balance 
shall be apportioned based upon the ratio of the amount of spectrum 
disaggregated to the amount of spectrum allocated to the licensed area.
    (2) Parties not qualified for installment payment plans. (i) When a 
winning bidder elects to pay for its license through an installment 
payment plan, and partitions its license or disaggregates spectrum to 
another party that would not qualify for an installment payment plan or 
elects not to pay its share of the license through installment payments, 
the outstanding balance owed by the licensee (including accrued and 
unpaid interest shall be apportioned according to Sec. 24.714(c)(1)).
    (ii) The partitionee or disaggregatee shall, as a condition of the 
approval of the partial assignment application, pay its entire pro rata 
amount within 30 days of Public Notice conditionally granting the 
partial assignment application. Failure to meet this condition will 
result in a rescission of the grant of the partial assignment 
application.
    (iii) The licensee shall be permitted to continue to pay its pro 
rata share of the outstanding balance and shall receive new financing 
documents (promissory note, security agreement) with a revised payment 
obligation, based on the remaining amount of time on the original 
installment payment schedule. These financing documents will replace the 
licensee's existing financing documents, which shall be marked 
``superseded'' and returned to the licensee upon receipt of the new 
financing documents. The original interest rate, established pursuant to 
Sec. 1.2110(g)(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. The 
Commission 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 
obligations, as calculated according to Sec. 24.714(c)(1).
    (ii) Each party will be required, as a condition to approval of the 
partial assignment application, to execute separate financing documents 
(promissory note, security agreement) agreeing to pay their pro rata 
portion of the balance due (including accrued and unpaid interest) based 
upon the installment payment terms for which they qualify under the 
rules. The financing documents must be returned to the U.S. Treasury 
within thirty (30) days of the Public Notice conditionally granting the 
partial assignment application. Failure by either party to meet this 
condition will result in the automatic cancellation of the grant of the 
partial assignment application. The interest rate, established pursuant 
to Sec. 1.2110(g)(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

[[Page 256]]

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.
    (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. 24.15.
    (e) Construction requirements--(1) Requirements for partitioning. 
Parties seeking authority to partition must meet one of the following 
construction requirements:
    (i) The partitionee may certify that it will satisfy the applicable 
construction requirements set forth in Sec. 24.203 for the partitioned 
license area; or
    (ii) The original licensee may certify that it has or will meet its 
five-year construction requirement and will meet the ten-year 
construction requirement, as set forth in Sec. 24.203, for the entire 
license area. In that case, the partitionee must only satisfy the 
requirements for ``substantial service,'' as set forth in Sec. 
24.16(a), for the partitioned license area by the end of the original 
ten-year license term of the licensee.
    (iii) Applications requesting partial assignments of license for 
partitioning must include a certification by each party as to which of 
the above construction options they select.
    (iv) Partitionees must submit supporting documents showing 
compliance with the respective construction requirements within the 
appropriate five- and ten-year construction benchmarks set forth in 
Sec. 24.203.
    (v) Failure by any partitionee to meet its respective construction 
requirements will result in the automatic cancellation of the 
partitioned or disaggregated license without further Commission action.
    (2) Requirements for disaggregation. Parties seeking authority to 
disaggregate must submit with their partial assignment application a 
certification signed by both parties stating which of the parties will 
be responsible for meeting the five- and ten-year construction 
requirements for the PCS market as set forth in Sec. 24.203. Parties 
may agree to share responsibility for meeting the construction 
requirements. Parties that accept responsibility for meeting the 
construction requirements and later fail to do so will be subject to 
license forfeiture without further Commission action.

[62 FR 661, Jan. 6, 1997, as amended at 63 FR 68953, Dec. 14, 1998; 65 
FR 53638, Sept. 5, 2000; 67 FR 45371, July 9, 2002; 68 FR 42999, July 
21, 2003]



Sec. 24.716  Installment payments for licenses for frequency Block F.

    Installment Payments. Each eligible licensee of frequency Block F 
may pay the remaining 80 percent of the net auction price for the 
license in installment payments pursuant to Sec. 1.2110(g) of this 
chapter and under the following terms:
    (a) For an eligible licensee with gross revenues exceeding $75 
million (calculated in accordance with Sec. 1.2110(b) of this chapter 
and, when applicable, Sec. 24.709(b)) in each of the two preceding 
years (calculated in accordance with Sec. 1.2110(n) of this chapter), 
interest shall be imposed based on the rate for ten-year U.S. Treasury 
obligations applicable on the date the license is granted, plus 3.5 
percent; payments shall include both principal and interest amortized 
over the term of the license;
    (b) For an eligible licensee with gross revenues not exceeding $75 
million (calculated in accordance with Sec. 1.2110(b) of this chapter 
and, when applicable, Sec. 24.709(b)) in each of the two preceding 
years (calculated in accordance with Sec. 1.2110(n) of this chapter), 
interest shall be imposed based on the rate for ten-year U.S. Treasury 
obligations applicable on the date the license is granted, plus 2.5 
percent; payments shall include interest only for the first year and 
payments of interest and principal amortized over the remaining nine 
years of the license term; or
    (c) For an eligible licensee that qualifies as a small business or 
as a consortium of small businesses, interest shall be imposed based on 
the rate for ten-year U.S. Treasury obligations applicable on the date 
the license is granted; payments shall include interest only for the 
first two years and

[[Page 257]]

payments of interest and principal amortized over the remaining eight 
years of the license term.

[67 FR 45371, July 9, 2002, as amended at 68 FR 42999, July 21, 2003]



Sec. 24.717  Bidding credits for licenses for frequency Block F.

    (a) Except with respect to licenses won in closed bidding in 
auctions that begin after March 23, 1999, a winning bidder that 
qualifies as a small business, as defined in Sec. 24.720(b)(1), or a 
consortium of small businesses may use a bidding credit of fifteen 
percent, as specified in Sec. 1.2110(f)(2)(iii) of this chapter, to 
lower the cost of its winning bid.
    (b) Except with respect to licenses won in closed bidding in 
auctions that begin after March 23, 1999, a winning bidder that 
qualifies as a very small business, as defined in Sec. 24.720(b)(2), or 
a consortium of very small businesses may use a bidding credit of 
twenty-five percent as specified in Sec. 1.2110(f)(2)(ii) of this 
chapter, to lower the cost of its winning bid.

[68 FR 42999, July 21, 2003]



Sec. 24.720  Definitions.

    (a) Scope. The definitions in this section apply to Sec. Sec. 
24.709 through 24.717, unless otherwise specified in those sections.
    (b) Small and very small business.
    (1) A small business is an entity that, together with its affiliates 
and persons or entities that hold interest in such entity and their 
affiliates, has average annual gross revenues that are not more than $40 
million for the preceding three years.
    (2) A very small business is an entity that, together with its 
affiliates and persons or entities that hold interests in such entity 
and their affiliates, has average annual gross revenues that are not 
more than $15 million for the preceding three years.
    (c) Institutional Investor. An institutional investor is an 
insurance company, a bank holding stock in trust accounts through its 
trust department, or an investment company as defined in 15 U.S.C. 80a-
3(a), including within such definition any entity that would otherwise 
meet the definition of investment company under 15 U.S.C. 80a-3(a) but 
is excluded by the exemptions set forth in 15 U.S.C. 80a-3(b) and (c), 
without regard to whether such entity is an issuer of securities; 
provided that, if such investment company is owned, in whole or in part, 
by other entities, such investment company, such other entities and the 
affiliates of such other entities, taken as a whole, must be primarily 
engaged in the business of investing, reinvesting or trading in 
securities or in distributing or providing investment management 
services for securities.
    (d) Nonattributable Equity. (1) Nonattributable equity shall mean:
    (i) For corporations, voting stock or non-voting stock that includes 
no more than twenty-five percent of the total voting equity, including 
the right to vote such stock through a voting trust or other 
arrangement;
    (ii) For partnerships, joint ventures and other non-corporate 
entities, limited partnership interests and similar interests that do 
not afford the power to exercise control of the entity.
    (2) For purposes of assessing compliance with the equity limits in 
Sec. Sec. 24.709 (b)(1)(iii)(A) and (b)(1)(iv)(A), where such interests 
are not held directly in the applicant, the total equity held by a 
person or entity shall be determined by successive multiplication of the 
ownership percentages for each link in the vertical ownership chain.
    (e) Control Group. A control group is an entity, or a group of 
individuals or entities, that possesses de jure control and de facto 
control of an applicant or licensee, and as to which the applicant's or 
licensee's charters, bylaws, agreements and any other relevant documents 
(and amendments thereto) provide:
    (1) That the entity and/or its members own unconditionally at least 
50.1 percent of the total voting interests of a corporation;
    (2) That the entity and/or its members receive at least 50.1 percent 
of the annual distribution or any dividends paid on the voting stock of 
a corporation;
    (3) That, in the event of dissolution or liquidation of a 
corporation, the entity and/or its members are entitled to receive 100 
percent of the value of each

[[Page 258]]

share of stock in its possession and a percentage of the retained 
earnings of the concern that is equivalent to the amount of equity held 
in the corporation; and
    (4) That, for other types of businesses, the entity and/or its 
members have the right to receive dividends, profits and regular and 
liquidating distributions from the business in proportion to the amount 
of equity held in the business.
    Note to Paragraph (e): Voting control does not always assure de 
facto control, such as for example, when the voting stock of the control 
group is widely dispersed (see e.g., Sec. 1.2110(c)(5)(ii)(C) of this 
chapter).
    (f) Publicly Traded Corporation with Widely Dispersed Voting Power. 
A publicly traded corporation with widely dispersed voting power is a 
business entity organized under the laws of the United States:
    (1) Whose shares, debt, or other ownership interests are traded on 
an organized securities exchange within the United States;
    (2) In which no person:
    (i) Owns more than 15 percent of the equity; or
    (ii) Possesses, directly or indirectly, through the ownership of 
voting securities, by contract or otherwise, the power to control the 
election of more than 15 percent of the members of the board of 
directors or other governing body of such publicly traded corporation; 
and
    (3) Over which no person other than the management and members of 
the board of directors or other governing body of such publicly traded 
corporation, in their capacities as such, has de facto control.
    (4) The term person shall be defined as in section 13(d) of the 
Securities and Exchange Act of 1934, as amended (15 U.S.C. 78(m)), and 
shall also include investors that are commonly controlled under the 
indicia of control set forth in the definition of affiliate in Sec. 
1.2110(c)(5) of the Commission's rules.
    (g) Qualifying investor. (1) A qualifying investor is a person who 
is (or holds an interest in) a member of the applicant's (or licensee's) 
control group and whose gross revenues and total assets, when aggregated 
with those of all other attributable investors and affiliates, do not 
exceed the gross revenues and total assets limits specified in Sec. 
24.709(a), or, in the case of an applicant (or licensee) that is a small 
business, do not exceed the gross revenues limit specified in paragraph 
(b) of this section.
    (2) For purposes of assessing compliance with the minimum equity 
requirements of Sec. 24.709(b)(1)(v) and (b)(1)(vi), where such equity 
interests are not held directly in the applicant, interests held by 
qualifying investors shall be determined by successive multiplication of 
the ownership percentages for each link in the vertical ownership chain.
    (3) For purposes of Sec. 24.709(b)(1)(v)(A)(3) and 
(b)(1)(vi)(A)(3), a qualifying investor is a person who is (or holds an 
interest in) a member of the applicant's (or licensee's) control group 
and whose gross revenues and total assets do not exceed the gross 
revenues and total assets limits specified in Sec. 24.709(a).
    (h) Preexisting entity; Existing investor. A preexisting entity is 
an entity that was operating and earning revenues for at least two years 
prior to December 31, 1994. An existing investor is a person or entity 
that was an owner of record of a preexisting entity's equity as of 
November 10, 1994, and any person or entity acquiring de minimis equity 
holdings in a preexisting entity after that date.
    Note to Paragraph (h): In applying the term existing investor to de 
minimis interests in preexisting entities obtained or increased after 
November 10, 1994, the Commission will scrutinize any significant 
restructuring of the preexisting entity that occurs after that date and 
will presume that any change of equity that is five percent or less of 
the preexisting entity's total equity is de minimis. The burden is on 
the applicant (or licensee) to demonstrate that changes that exceed five 
percent are not significant.

[67 FR 45372, July 9, 2002, as amended at 68 FR 42999, July 21, 2003; 68 
FR 57829, Oct. 7, 2003]



   Subpart I_Interim Application, Licensing, and Processing Rules for 
                              Broadband PCS

    Source: 59 FR 37610, July 22, 1994, unless otherwise noted.

[[Page 259]]



Sec. Sec. 24.801-24.803  [Reserved]



Sec. 24.804  Eligibility.

    (a) General. Authorizations will be granted upon proper application 
if:
    (1) The applicant is qualified under all applicable laws and 
Commission regulations, policies and decisions;
    (2) There are frequencies available to provide satisfactory service; 
and
    (3) The public interest, convenience or necessity would be served by 
a grant.
    (b) Alien ownership. A broadband PCS authorization to provide 
Commercial Mobile Radio Service may not be granted to or held by:
    (1) Any alien or the representative of any alien.
    (2) Any corporation organized under the laws of any foreign 
government.
    (3) Any corporation of which more than one-fifth of the capital 
stock is owned of record or voted by aliens or their representatives or 
by a foreign government or representative thereof or any corporation 
organized under the laws of another country.
    (4) Any corporation directly or indirectly controlled by any other 
corporation of which more than one-fourth of the capital stock is owned 
of record or voted by aliens, their representatives, or by a foreign 
government or representative thereof, or by any corporation organized 
under the laws of a foreign country, if the Commission finds that the 
public interest will be served by the refusal or revocation of such a 
license.
    (c) A broadband PCS authorization to provide Private Mobile Radio 
Service may not be granted to or held by a foreign government or a 
representative thereof.

[59 FR 37610, July 22, 1994, as amended at 61 FR 55581, Oct. 28, 1996]



Sec. Sec. 24.805-24.814  [Reserved]



Sec. 24.815  Technical content of applications; maintenance of list of 
station locations.

    (a) All applications required by this part shall contain all 
technical information required by the application forms or associated 
Public Notice(s). Applications other than initial applications for a 
broadband PCS license must also comply with all technical requirements 
of the rules governing the broadband PC (see subparts C and E of this 
part as appropriate). The following paragraphs describe a number of 
general technical requirements.
    (b) Each application (except applications for initial licenses filed 
on Form 175) for a license for broadband PCS must comply with the 
provisions of Sec. Sec. 24.229-24.238 of the Commission's Rules.
    (c)-(i) [Reserved]
    (j) The location of the transmitting antenna shall be considered to 
be the station location. Broadband PCS licensees must maintain a current 
list of all station locations, which must describe the transmitting 
antenna site by its geographical coordinates and also by conventional 
reference to street number, landmark, or the equivalent. All such 
coordinates shall be specified in terms of degrees, minutes, and seconds 
to the nearest second of latitude and longitude.



Sec. Sec. 24.816-24.829  [Reserved]



Sec. 24.830  Opposition to applications.

    (a) Petitions to deny (including petitions for other forms of 
relief) and responsive pleadings for Commission consideration must 
comply with Sec. 1.2108 of this chapter and must:
    (1) Identify the application or applications (including applicant's 
name, station location, Commission file numbers and radio service 
involved) with which it is concerned;
    (2) Be filed in accordance with the pleading limitations, filing 
periods, and other applicable provisions of Sec. Sec. 1.41 through 1.52 
of this chapter except where otherwise provided in Sec. 1.2108 of this 
chapter;
    (3) Contain specific allegations of fact which, except for facts of 
which official notice may be taken, shall be supported by affidavit of a 
person or persons with personal knowledge thereof, and which shall be 
sufficient to demonstrate that the petitioner (or respondent) is a party 
in interest and that a grant of, or other Commission action regarding, 
the application would be prima facie inconsistent with the public 
interest;

[[Page 260]]

    (4) Be filed within thirty (30) days after the date of public notice 
announcing the acceptance for filing of any such application or major 
amendment thereto (unless the Commission otherwise extends the filing 
deadline); and
    (5) Contain a certificate of service showing that it has been mailed 
to the applicant no later than the date of filing thereof with the 
Commission.
    (b) A petition to deny a major amendment to a previously-filed 
application may only raise matters directly related to the amendment 
which could not have been raised in connection with the underlying 
previously-filed application. This subsection does not apply, however, 
to petitioners who gain standing because of the major amendment.



Sec. 24.831  Mutually exclusive applications.

    (a) The Commission will consider applications for broadband PCS 
licenses to be mutually exclusive if they relate to the same 
geographical boundaries (MTA or BTA) and are timely filed for the same 
frequency block.
    (b) Mutually exclusive applications filed on Form 175 for the 
initial provision of broadband PCS are subject to competitive bidding in 
accordance with the procedures in subpart H of this part and in part 1, 
subpart Q of this chapter.
    (c) An application will be entitled to comparative consideration 
with one or more conflicting applications only if the Commission 
determines that such comparative consideration will serve the public 
interest.
    (d)-(j) [Reserved]



Sec. 24.832  [Reserved]



Sec. 24.833  Post-auction divestitures.

    Any parties sharing a common non-controlling ownership interest who 
aggregate more PCS spectrum among them than a single entity is entitled 
to hold (See Sec. Sec. 20.6(e), 24.710, 24.204, 24.229(c) of this 
chapter) will be permitted to divest sufficient properties within 90 
days of the license grant to come into compliance with the spectrum 
aggregation limits as follows:
    (a) The broadband PCS applicant shall submit a signed statement with 
its long-form application stating that sufficient properties will be 
divested within 90 days of the license grant. If the licensee is 
otherwise qualified, the Commission will grant the applications subject 
to a condition that the licensee come into compliance with the PCS 
spectrum aggregation limits within 90 days of grant.
    (b) Within 90 days of license grant, the licensee must certify that 
the applicant and all parties to the application have come into 
compliance with the PCS spectrum aggregation limits. If the licensee 
fails to submit the certification within 90 days, the Commission will 
immediately cancel all broadband PCS licenses won by the applicant, 
impose the default penalty and, based on the facts presented, take any 
other action it may deem appropriate. Divestiture may be to an interim 
trustee if a buyer has not been secured in the required time frame, as 
long as the applicant has no interest in or control of the trustee, and 
the trustee may dispose of the property as it sees fit. In no event may 
the trustee retain the property for longer than six months from grant of 
license.

[59 FR 53371, Oct. 24, 1994]



Sec. Sec. 24.834-24.838  [Reserved]



Sec. 24.839  Transfer of control or assignment of license.

    (a) Restrictions on Assignments and Transfers of Licenses for 
Frequency Blocks C and F won in closed bidding. No assignment or 
transfer of control of a license for frequency Block C or frequency 
Block F won in closed bidding pursuant to the eligibility requirements 
of Sec. 24.709 will be granted unless:
    (1) The application for assignment or transfer of control is filed 
after five years from the date of the initial license grant; or
    (2) The proposed assignee or transferee meets the eligibility 
criteria set forth in Sec. 24.709 of this part at the time the 
application for assignment or transfer of control is filed, or the 
proposed assignee or transferee holds other license(s) for frequency 
blocks C and F and, at the time of receipt of such license(s), met the 
eligibility criteria set forth in Sec. 24.709 of this part; or
    (3) The application is for partial assignment of a partitioned 
service area

[[Page 261]]

to a rural telephone company pursuant to Sec. 24.714 of this part and 
the proposed assignee meets the eligibility criteria set forth in Sec. 
24.709 of this part; or
    (4) The application is for an involuntary assignment or transfer of 
control to a bankruptcy trustee appointed under involuntary bankruptcy, 
an independent receiver appointed by a court of competent jurisdiction 
in a foreclosure action, or, in the event of death or disability, to a 
person or entity legally qualified to succeed the deceased or disabled 
person under the laws of the place having jurisdiction over the estate 
involved; provided that, the applicant requests a waiver pursuant to 
this paragraph; or
    (5) The assignment or transfer of control is pro forma; or
    (6) The application for assignment or transfer of control is filed 
on or after the date the licensee has notified the Commission pursuant 
to Sec. 24.203(c) that its five-year construction requirement has been 
satisfied.
    (b) If the assignment or transfer of control of a license is 
approved, the assignee or transferee is subject to the original 
construction requirement of Sec. 24.203 of this part.

[63 FR 68953, Dec. 14, 1998; as amended at 65 FR 53638, Sept. 5, 2000]



Sec. Sec. 24.840-24.842  [Reserved]



Sec. 24.843  Extension of time to complete construction.

    (a) If construction is not completed within the time period set 
forth in Sec. 24.203, the authorization will automatically expire. 
Before the period for construction expires an application for an 
extension of time to complete construction (FCC Form 489) may be filed. 
See paragraph (b) of this section. Within 30 days after the 
authorization expires an application for reinstatement may be filed on 
FCC Form 489.
    (b) Extension of Time to Complete Construction. An application for 
extension of time to complete construction may be made on FCC Form 489. 
Extension of time requests must be filed prior to the expiration of the 
construction period. Extensions will be granted only if the licensee 
shows that the failure to complete construction is due to causes beyond 
its control.
    (c) An application for modification of an authorization (under 
construction) does not extend the initial construction period. If 
additional time to construct is required, an FCC Form 489 must be 
submitted.
    (d) [Reserved]



Sec. 24.844  [Reserved]



   Subpart J_Required New Capabilities Pursuant to the Communications 
               Assistance for Law Enforcement Act (CALEA)

    Source: 64 FR 51717, Sept. 24, 1999, unless otherwise noted.



Sec. 24.900  Purpose.

    Pursuant to the Communications Assistance for Law Enforcement Act 
(CALEA), Public Law 103-414, 108 Stat. 4279 (1994) (codified as amended 
in sections of 18 U.S.C. and 47 U.S.C.), this subpart contains rules 
that require a broadband PCS telecommunications carrier to implement 
certain capabilities to ensure law enforcement access to authorized 
communications or call-identifying information.



Sec. 24.901  Scope.

    The definitions included in this subpart shall be used solely for 
the purpose of implementing CALEA requirements.



Sec. 24.902  Definitions.

    Call identifying information. Call identifying information means 
dialing or signaling information that identifies the origin, direction, 
destination, or termination of each communication generated or received 
by a subscriber by means of any equipment, facility, or service of a 
telecommunications carrier. Call identifying information is ``reasonably 
available'' to a carrier if it is present at an intercept access point 
and can be made available without the carrier being unduly burdened with 
network modifications.
    Collection function. The location where lawfully authorized 
intercepted communications and call-identifying information is collected 
by a law enforcement agency (LEA).

[[Page 262]]

    Content of subject-initiated conference calls. Capability that 
permits a LEA to monitor the content of conversations by all parties 
connected via a conference call when the facilities under surveillance 
maintain a circuit connection to the call.
    Destination. A party or place to which a call is being made (e.g., 
the called party).
    Dialed digit extraction. Capability that permits a LEA to receive on 
the call data channel a digits dialed by a subject after a call is 
connected to another carrier's service for processing and routing.
    Direction. A party or place to which a call is re-directed or the 
party or place from which it came, either incoming or outgoing (e.g., a 
redirected-to party or redirected-from party).
    IAP. Intercept access point is a point within a carrier's system 
where some of the communications or call-identifying information of an 
intercept subject's equipment, facilities, and services are accessed.
    In-band and out-of-band signaling. Capability that permits a LEA to 
be informed when a network message that provides call identifying 
information (e.g., ringing, busy, call waiting signal, message light) is 
generated or sent by the IAP switch to a subject using the facilities 
under surveillance. Excludes signals generated by customer premises 
equipment when no network signal is generated.
    J-STD-025. The interim standard developed by the Telecommunications 
Industry Association and the Alliance for Telecommunications Industry 
Solutions for wireline, cellular, and broadband PCS carriers. This 
standard defines services and features to support lawfully authorized 
electronic surveillance, and specifies interfaces necessary to deliver 
intercepted communications and call-identifying information to a LEA.
    LEA. Law enforcement agency; e.g., the Federal Bureau of 
Investigation or a local police department.
    Origin. A party initiating a call (e.g., a calling party), or a 
place from which a call is initiated.
    Party hold, join, drop on conference calls. Capability that permits 
a LEA to identify the parties to a conference call conversation at all 
times.
    Subject-initiated dialing and signaling information. Capability that 
permits a LEA to be informed when a subject using the facilities under 
surveillance uses services that provide call identifying information, 
such as call forwarding, call waiting, call hold, and three-way calling. 
Excludes signals generated by customer premises equipment when no 
network signal is generated.
    Termination. A party or place at the end of a communication path 
(e.g. the called or call-receiving party, or the switch of a party that 
has placed another party on hold).
    Timing information. Capability that permits a LEA to associate call-
identifying information with the content of a call. A call-identifying 
message must be sent from the carrier's IAP to the LEA's Collection 
Function within eight seconds of receipt of that message by the IAP at 
least 95% of the time, and with the call event time-stamped to an 
accuracy of at least 200 milliseconds.

[64 FR 51717, Sept. 24, 1999, as amended at 67 FR 22007, May 2, 2002]



Sec. 24.903  Capabilities that must be provided by a broadband PCS 
telecommunications carrier.

    (a) Except as provided under paragraph (b) of this section, as of 
June 30, 2000, a broadband PCS telecommunications carrier shall provide 
to a LEA the assistance capability requirements of CALEA, see 47 U.S.C. 
1002. A carrier may satisfy these requirements by complying with 
publicly available technical requirements or standards adopted by an 
industry association or standard-setting organization, such as J-STD-
025.
    (b) As of November 19, 2001, a broadband PCS telecommunications 
carrier shall provide to a LEA communications and call-identifying 
information transported by packet-mode communications.
    (c) As of June 30, 2002, a broadband PCS telecommunications carrier 
shall provide to a LEA the following capabilities:
    (1) Content of subject-initiated conference calls;

[[Page 263]]

    (2) Party hold, join, drop on conference calls;
    (3) Subject-initiated dialing and signaling information;
    (4) In-band and out-of-band signaling;
    (5) Timing information;
    (6) Dialed digit extraction, with a toggle feature that can 
activate/deactivate this capability.

[64 FR 51717, Sept. 24, 1999; 65 FR 18255, Apr. 7, 2000, as amended at 
67 FR 22007, May 2, 2002]



PART 25_SATELLITE COMMUNICATIONS--Table of Contents




                            Subpart A_General

Sec.
25.101 Basis and scope.
25.102 Station authorization required.
25.103 Definitions.
25.104 Preemption of local zoning of earth stations.
25.105-25.108 [Reserved]
25.109 Cross-reference.

                   Subpart B_Applications and Licenses

                 General Application Filing Requirements

25.110 Filing of applications, fees, and number of copies.
25.111 Additional information.
25.112 Defective applications.
25.113 Construction permits, station licenses, launch authority.
25.114 Applications for space station authorizations.
25.115 Application for earth station authorizations.
25.116 Amendments to applications.
25.117 Modification of station license.
25.118 Modifications not requiring prior authorization.
25.119 Assignment or transfer of control of station authorization.
25.120 Application for special temporary authorization.
25.121 License term and renewals.
25.129 Equipment authorization for portable earth-station transceivers.

                             Earth Stations

25.130 Filing requirements for transmitting earth stations.
25.131 Filing requirements for receive-only earth stations.
25.132 Verification of earth station antenna performance standards.
25.133 Period of construction; certification of commencement of 
          operation.
25.134 Licensing provisions of Very Small Aperture Terminal (VSAT) and 
          C-band Small Aperture Terminal (CSAT) networks.
25.135 Licensing provisions for earth station networks in the non-voice, 
          non-geostationary mobile-satellite service.
25.136 Licensing provisions for user transceivers in the 1.6/2.4 GHz, 
          1.5/1.6 GHz, and 2 GHz Mobile Satellite Services.
25.137 Application requirements for earth stations operating with non-
          U.S. licensed space stations.
25.138 Blanket licensing provisions of GSO FSS Earth Stations in the 
          18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-
          Earth), 28.35-28.6 GHz (Earth-to-space) and 29.25-30.0 GHz 
          (Earth-to-space) bands.
25.139 NGSO FSS coordination and information sharing between MVDDS 
          licensees in the 12.2 GHz to 12.7 GHz band.

                             Space Stations

25.140 Qualifications of fixed-satellite space station licensees.
25.142 Licensing provisions for the non-voice, non-geostationary mobile-
          satellite service.
25.143 Licensing provisions for the 1.6/2.4 GHz mobile-satellite service 
          and 2 GHz mobile-satellite service.
25.144 Licensing provisions for the 2.3 GHz satellite digital audio 
          radio service.
25.145 Licensing conditions for the Fixed-Satellite Service in the 20/30 
          GHz bands.
25.146 Licensing and operating authorization provisions for the non-
          geostationary satellite orbit fixed-satellite service (NGSO 
          FSS) in the bands 10.7 GHz to 14.5 GHz.
25.147 Licensing provision for NGSO MSS feeder downlinks in the band 
          6700-6875 MHz.
25.148 Licensing provisions for the Direct Broadcast Satellite Service.
25.149 Application requirements for ancillary terrestrial components in 
          the mobile-satellite service networks operating in the 1.5./
          1.6 GHz, 1.6/2.4 GHz and 2 GHz mobile-satellite service.

                       Processing of Applications

25.150 Receipt of applications.
25.151 Public notice period.
25.152 Dismissal and return of applications.
25.153 Repetitious applications.
25.154 Opposition to applications and other pleadings.
25.155 Mutually exclusive applications.
25.156 Consideration of applications.
25.157 Consideration of NGSO-like satellite applications.
25.158 Consideration of GSO-like satellite applications.
25.159 Limits on pending applications and unbuilt satellite systems.

[[Page 264]]

   Forfeiture, Termination, and Reinstatement of Station Authorization

25.160 Administrative sanctions.
25.161 Automatic termination of station authorization.
25.162 Cause for termination of interference protection.
25.163 Reinstatement.
25.164 Milestones.
25.165 Posting of bonds.

                      Subpart C_Technical Standards

25.201 Definitions.
25.202 Frequencies, frequency tolerance and emission limitations.
25.203 Choice of sites and frequencies.
25.204 Power limits.
25.205 Minimum angle of antenna elevation.
25.206 Station identification.
25.207 Cessation of emissions.
25.208 Power flux density limits.
25.209 Antenna performance standards.
25.210 Technical requirements for space stations in the Fixed-Satellite 
          Service.
25.211 Video transmissions in the Fixed-Satellite Service.
25.212 Narrowband transmissions in the 12/14 GHz GSO Fixed-Satellite 
          Service.
25.213 Inter-Service coordination requirements for the 1.6/2.4 GHz 
          mobile-satellite service.
25.214 Technical requirements for space stations in the satellite 
          digital audio radio service.
25.215 Technical requirements for space stations in the Direct Broadcast 
          Satellite Service.
25.216 Limits on emissions from mobile earth stations for protection of 
          aeronautical radionavigation-satellite service.
25.217 Default service rules.
25.218-25.249 [Reserved]
25.250 Sharing between NGSO MSS Feeder links Earth Stations in the 19.3-
          19.7 GHz and 29.1-29.5 GHz Bands.
25.251 Special requirements for coordination.
25.252 Special requirements for ancillary terrestrial components 
          operating in the 2000-2020 MHz/2180-2200 MHz bands.
25.253 Special requirements for ancillary terrestrial components 
          operating in the 1626.5-1660.5 MHz/1525-1559 MHz bands.
25.254 Special requirements for ancillary terrestrial components 
          operating in the 1610-1626.5 MHz/2483.5-2500 MHz bands.
25.255 Procedures for resolving harmful interference related to 
          operation of ancillary terrestrial components operating in the 
          1.5./1.6 GHz, 1.6/2.4 GHz and 2 GHz bands.
25.256 [Reserved]
25.257 Special requirements for operations in the band 29.1-29.25 GHz 
          between NGSO MSS and LMDS.
25.258 Sharing between NGSO MSS Feeder links Stations and GSO FSS 
          services in the 29.25-29.5 GHz Bands.
25.259 Time sharing between NOAA meteorological satellite systems and 
          non-voice, non-geostationary satellite systems in the 137-138 
          MHz band.
25.260 Time sharing between DoD meteorological satellite systems and 
          non-voice, non-geostationary satellite systems in the 400.15-
          401 MHz band.
25.261 Procedures for avoidance of in-line interference events for Non 
          Geostationary Satellite Orbit (NGSO) Satellite Network 
          Operations in the Fixed Satellite Service (FSS) Bands.

                     Subpart D_Technical Operations

25.271 Control of transmitting stations.
25.272 General inter-system coordination procedures.
25.273 Duties regarding space communications transmissions.
25.274 Procedures to be followed in the event of harmful interference.
25.275 Particulars of operation.
25.276 Points of communication.
25.277 Temporary fixed earth station operations.
25.278 Additional coordination obligation for non-geostationary and 
          geostationary satellite systems in frequencies allocated to 
          the fixed-satellite service.
25.279 Inter-satellite service.
25.280 Inclined orbit operations.
25.281 Automatic Transmitter Identification System (ATIS).
25.282 Orbit raising maneuvers.
25.283 End-of-life disposal.
25.284 Emergency Call Center Service.

Subpart E [Reserved]

            Subpart F_Competitive Bidding Procedures for DARS

25.401 Satellite DARS applications subject to competitive bidding.
25.402 [Reserved]
25.403 Bidding application and certification procedures.
25.404 Submission of down payment and filing of long-form applications.
25.405-25.406 [Reserved]

Subparts G--H [Reserved]

                Subpart I_Equal Employment Opportunities

25.601 Equal employment opportunity requirement.

                  Subpart J_Public Interest Obligations

25.701 Public interest obligations.


[[Page 265]]


    Authority: 47 U.S.C. 701-744. Interprets or applies Sections 4, 301, 
302, 303, 307, 309 and 332 of the Communications Act, as amended, 47 
U.S.C. Sections 154, 301, 302, 303, 307, 309 and 332, unless otherwise 
noted.



                            Subpart A_General



Sec. 25.101  Basis and scope.

    (a) The rules and regulations in this part are issued pursuant to 
the authority contained in section 201(c)(11) of the Communications 
Satellite Act of 1962, as amended, section 501(c)(6) of the 
International Maritime Satellite Telecommunications Act, and titles I 
through III of the Communications Act of 1934, as amended.
    (b) The rules and regulations in this part supplement, and are in 
addition to the rules and regulations contained in or to be added to, 
other parts of this chapter currently in force, or which may 
subsequently be promulgated, and which are applicable to matters 
relating to communications by satellites.

[28 FR 13037, Dec. 5, 1963, as amended at 56 FR 24015, May 28, 1991]



Sec. 25.102  Station authorization required.

    (a) No person shall use or operate apparatus for the transmission of 
energy or communications or signals by space or earth stations except 
under, and in accordance with, an appropriate authorization granted by 
the Federal Communications Commission.
    (b) Protection from impermissible levels of interference to the 
reception of signals by earth stations in the Fixed-Satellite Service 
from terrestrial stations in a co-equally shared band is provided 
through the authorizations granted under this part.

[56 FR 24016, May 28, 1991]



Sec. 25.103  Definitions.

    (a) Communications common carrier. The term ``communications common 
carrier'' as used in this part means any person (individual, 
partnership, association, joint-stock company, trust, corporation, or 
other entity) engaged as a common carrier for hire, in interstate or 
foreign communication by wire or radio or in interstate or foreign radio 
transmission of energy, including such carriers as are described in 
subsection 2(b) (2) and (3) of the Communications Act of 1934, as 
amended, and, in addition, for purposes of subpart H of this part, 
includes any individual, partnership, association, joint-stock company, 
trust, corporation, or other entity which owns or controls, directly or 
indirectly, or is under direct or indirect common control with, any such 
carrier.
    (b) Authorized carrier. The term ``authorized carrier'' means a 
communications common carrier which is authorized by the Federal 
Communications Commission under the Communications Act of 1934, as 
amended, to provide services by means of communications satellites.
    (c) Communications satellite corporation. (1) The terms 
``communications satellite corporation'' or ``corporation'' as used in 
this part mean the corporation created pursuant to the provisions of 
Title III of the Communications Satellite Act of 1962.
    (2) The corporation shall be deemed to be a common carrier within 
the meaning of section 3(10) of the Communications Act of 1934, as 
amended.
    (d) Communication-satellite earth station complex. The term 
communication-satellite earth station complex includes transmitters, 
receivers, and communications antennas at the earth station site 
together with the interconnecting terrestrial facilities (cables, lines, 
or microwave facilities) and modulating and demodulating equipment 
necessary for processing of traffic received from the terrestrial 
distribution system(s) prior to transmission via satellite and of 
traffic received from the satellite prior to transfer of channels of 
communication to terrestrial distribution system(s).
    (e) Communication-satellite earth station complex functions. The 
communication-satellite earth station complex interconnects with 
terminal equipment of common carriers or authorized entities at the 
interface; accepts traffic from such entities at the interface, 
processes for transmission via satellite and performs the transmission 
function; receives traffic from a satellite or satellites, processes it 
in a form necessary to deliver channels of communication to terrestrial 
common carriers or such other authorized entities and

[[Page 266]]

delivers the processed traffic to such entities at the interface.
    (f) Interface. The point of interconnection between two distinct but 
adjacent communications systems having different functions. The 
interface in the communication-satellite service is that point where 
communications terminal equipment of the terrestrial common carriers or 
other authorized entities interconnects with the terminal equipment of 
the communication-satellite earth station complex. The interface in the 
communication-satellite service shall be located at the earth station 
site, or if this is impracticable, as close thereto as possible.
    (g) Emergency call center (ECC). A facility that subscribers of 
satellite commercial mobile radio services call when in need of 
emergency assistance by dialing ``911'' on their mobile satellite earth 
terminal.

[28 FR 13037, Dec. 5, 1963, as amended at 31 FR 3289, Mar. 2, 1966; 68 
FR 63997, Nov. 12, 2003; 69 FR 6582, Feb. 11, 2004]



Sec. 25.104  Preemption of local zoning of earth stations.

    (a) Any state or local zoning, land-use, building, or similar 
regulation that materially limits transmission or reception by satellite 
earth station antennas, or imposes more than minimal costs on users of 
such antennas, is preempted unless the promulgating authority can 
demonstrate that such regulation is reasonable, except that nonfederal 
regulation of radio frequency emissions is not preempted by this 
section. For purposes of this paragraph (a), reasonable means that the 
local regulation:
    (1) Has a clearly defined health, safety, or aesthetic objective 
that is stated in the text of the regulation itself; and
    (2) Furthers the stated health, safety or aesthetic objective 
without unnecessarily burdening the federal interests in ensuring access 
to satellite services and in promoting fair and effective competition 
among competing communications service providers.
    (b)(1) Any state or local zoning, land-use, building, or similar 
regulation that affects the installation, maintenance, or use of a 
satellite earth station antenna that is two meters or less in diameter 
and is located or proposed to be located in any area where commercial or 
industrial uses are generally permitted by non-federal land-use 
regulation shall be presumed unreasonable and is therefore preempted 
subject to paragraph (b)(2) of this section. No civil, criminal, 
administrative, or other legal action of any kind shall be taken to 
enforce any regulation covered by this presumption unless the 
promulgating authority has obtained a waiver from the Commission 
pursuant to paragraph (e) of this section, or a final declaration from 
the Commission or a court of competent jurisdiction that the presumption 
has been rebutted pursuant to paragraph (b)(2) of this section.
    (2) Any presumption arising from paragraph (b)(1) of this section 
may be rebutted upon a showing that the regulation in question:
    (i) Is necessary to accomplish a clearly defined health or safety 
objective that is stated in the text of the regulation itself;
    (ii) Is no more burdensome to satellite users than is necessary to 
achieve the health or safety objective; and
    (iii) Is specifically applicable on its face to antennas of the 
class described in paragraph (b)(1) of this section.
    (c) Any person aggrieved by the application or potential application 
of a state or local zoning or other regulation in violation of paragraph 
(a) of this section may, after exhausting all nonfederal administrative 
remedies, file a petition with the Commission requesting a declaration 
that the state or local regulation in question is preempted by this 
section. Nonfederal administrative remedies, which do not include 
judicial appeals of administrative determinations, shall be deemed 
exhausted when:
    (1) The petitioner's application for a permit or other authorization 
required by the state or local authority has been denied and any 
administrative appeal and variance procedure has been exhausted;
    (2) The petitioner's application for a permit or other authorization 
required by the state or local authority has been on file for ninety 
days without final action;

[[Page 267]]

    (3) The petitioner has received a permit or other authorization 
required by the state or local authority that is conditioned upon the 
petitioner's expenditure of a sum of money, including costs required to 
screen, pole-mount, or otherwise specially install the antenna, greater 
than the aggregate purchase or total lease cost of the equipment as 
normally installed; or
    (4) A state or local authority has notified the petitioner of 
impending civil or criminal action in a court of law and there are no 
more nonfederal administrative steps to be taken.
    (d) Procedures regarding filing of petitions requesting declaratory 
rulings and other related pleadings will be set forth in subsequent 
Public Notices. All allegations of fact contained in petitions and 
related pleadings must be supported by affidavit of a person or persons 
with personal knowledge thereof.
    (e) Any state or local authority that wishes to maintain and enforce 
zoning or other regulations inconsistent with this section may apply to 
the Commission for a full or partial waiver of this section. Such 
waivers may be granted by the Commission in its sole discretion, upon a 
showing by the applicant that local concerns of a highly specialized or 
unusual nature create a necessity for regulation inconsistent with this 
section. No application for waiver shall be considered unless it 
specifically sets forth the particular regulation for which waiver is 
sought. Waivers granted in accordance with this section shall not apply 
to later-enacted or amended regulations by the local authority unless 
the Commission expressly orders otherwise.
    (f) A satellite earth station antenna that is designed to receive 
direct broadcast satellite service, including direct-to-home satellite 
services, that is one meter or less in diameter or is located in Alaska 
is covered by the regulations in Sec. 1.4000 of this chapter.

[61 FR 10898, Mar. 18, 1996, as amended at 61 FR 46562, Sept. 4, 1996]

    Effective Date Note: At 61 FR 46562, Sept. 4, 1996, Sec. 25.104 was 
amended by revising paragraph (b)(1) and adding paragraph (f). These 
paragraphs contain information collection and recordkeeping requirements 
and will not become effective until approval has been given by the 
Office of Management and Budget.



Sec. Sec. 25.105-25.108  [Reserved]



Sec. 25.109  Cross-reference.

    The space radiocommunications stations in the following services are 
not licensed under this part:
    (a) Amateur Satellite Service, see 47 CFR part 97.
    (b) Ship earth stations in the Maritime Mobile Satellite Service, 
see 47 CFR part 83.

[56 FR 24016, May 28, 1991, as amended at 67 FR 51113, Aug. 7, 2002]



                   Subpart B_Applications and Licenses

    Source: 56 FR 24016, May 28, 1991, unless otherwise noted.

                 General Application Filing Requirements



Sec. 25.110  Filing of applications, fees, and number of copies.

    (a) You can obtain application forms for this part by going online 
at www.fcc.gov/ibfs, where you may complete the form prior to submission 
via IBFS, the IB electronic filing system.
    (b) Submitting your application. All space station applications and 
all earth station applications must be filed electronically on Form 312. 
In this part, any party permitted or required to file information on 
Form 312 must file that information electronically through the 
International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter.
    (c) All correspondence and amendments concerning any application 
must identify:
    (1) The satellite radio service;
    (2) The applicant's name;
    (3) Station location;
    (4) The call sign or other identification of the station; and
    (5) The file number of the application involved.
    (d) Copies. Applications must be filed electronically though IBFS. 
The Commission will not accept any paper version of any application.

[[Page 268]]

    (e) Signing. Upon filing an application electronically, the 
applicant must print out the filed application, obtain the proper 
signatures, and keep the original in its files.
    (f) The applicant must pay the appropriate fee for its application 
and submit it in accordance with part 1, subpart G of this chapter.

[69 FR 47793, Aug. 6, 2004]



Sec. 25.111  Additional information.

    (a) The Commission may request from any party at any time additional 
information concerning any application, or any other submission or 
pleading regarding an application, filed under this part.
    (b) Applicants, permittees and licensees of radio stations governed 
by this part shall provide the Commission with all information it 
requires for the Advance Publication, Coordination and Notification of 
frequency assignments pursuant to the international Radio Regulations. 
No protection from interference caused by radio stations authorized by 
other Administrations is guaranteed unless coordination procedures are 
timely completed or, with respect to individual administrations, by 
successfully completing coordination agreements. Any radio station 
authorization for which coordination has not been completed may be 
subject to additional terms and conditions as required to effect 
coordination of the frequency assignments with other Administrations.
    (c) In the Direct Broadcast Satellite service, applicants and 
licensees shall also provide the Commission with all information it 
requires in order to modify the Appendix 30 Broadcasting-Satellite 
Service (``BSS'') Plans and associated Appendix 30A feeder-link Plans, 
if the system uses technical characteristics differing from those 
specified in the Appendix 30 BSS Plans, the Appendix 30A feederlink 
Plans, Annex 5 to Appendix 30 or Annex 3 to Appendix 30A. For such 
systems, no protection from interference caused by radio stations 
authorized by other Administrations is guaranteed until the agreement of 
all affected Administrations is obtained and the frequency assignment 
becomes a part of the appropriate Region 2 BSS and feeder-link Plans. 
Authorizations for which coordination is not completed and/or for which 
the necessary agreements under Appendices 30 and 30A have not been 
obtained may be subject to additional terms and conditions as required 
to effect coordination or obtain the agreement of other Administrations. 
Applicants and licensees shall also provide the Commission with the 
necessary Appendix 4 information required by the ITU Radiocommunication 
Bureau to advance publish, coordinate and notify the frequencies to be 
used for tracking, telemetry and control functions of DBS systems.

[56 FR 24016, May 28, 1991, as amended at 67 FR 51113, Aug. 7, 2002; 68 
FR 63997, Nov. 12, 2003]



Sec. 25.112  Defective applications.

    (a) An application will be unacceptable for filing and will be 
returned to the applicant with a brief statement identifying the 
omissions or discrepancies if:
    (1) The application is defective with respect to completeness of 
answers to questions, informational showings, internal inconsistencies, 
execution, or other matters of a formal character; or
    (2) The application does not substantially comply with the 
Commission's rules, regulations, specific requests for additional 
information, or other requirements.
    (3) The application requests authority to operate a space station in 
a frequency band that is not allocated internationally for such 
operations under the Radio Regulations of the International 
Telecommunication Union.
    (b) Applications for space station authority found defective under 
paragraph (a)(3) of this section will not be considered. Applications 
for authority found defective under paragraphs (a)(1) or (a)(2) of this 
section may be accepted for filing if:
    (1) The application is accompanied by a request which sets forth the 
reasons in support of a waiver of (or an exception to), in whole or in 
part, any specific rule, regulation, or requirement with which the 
application is in conflict;
    (2) The Commission, upon its own motion, waives (or allows an 
exception

[[Page 269]]

to), in whole or in part, any rule, regulation or requirement.
    (c) If an applicant is requested by the Commission to file any 
additional information or any supplementary or explanatory information 
not specifically required in the prescribed application form or these 
rules, a failure to comply with the request within a specified time 
period will be deemed to render the application defective and will 
subject it to dismissal.

[56 FR 24016, May 28, 1991, as amended at 68 FR 51502, Aug. 27, 2003]



Sec. 25.113  Construction permits, station licenses, launch authority.

    (a) Except as provided in paragraph (b) of this section or in Sec. 
25.131, construction permits must be obtained for all fixed, temporary 
fixed or mobile earth stations governed by this part. Simultaneous 
application for a construction permit and station license may be made 
for all earth station facilities governed by this part.
    (b) Construction permits are not required for satellite earth 
stations that operate with U.S.-licensed or non-U.S. licensed space 
stations. Construction of such stations may commence prior to grant of a 
license at the applicant's own risk. Applicants must comply with the 
provisions of 47 CFR 1.1312 relating to environmental processing prior 
to commencing construction.
    (c) FAA notification. Before the construction of new antenna 
structures or alteration in the height of existing antenna structures is 
authorized by the FCC, a Federal Aviation Administration (FAA) 
determination of ``no hazard'' may be required. To apply for this 
determination, the FAA must be notified of the planned construction. 
Criteria used to determine whether FAA notification is required for a 
particular antenna structure are contained in part 17 of this chapter. 
Applications proposing construction of one or more new antenna 
structures or alteration of the overall height of one or more existing 
antenna structures, where FAA notification prior to such construction or 
alteration is not required by part 17 of this chapter, must indicate 
such and, unless the reason is obvious (e.g. structure height is less 
than 6.10 meters AGL) must contain a statement explaining why FAA 
notification is not required.
    (d) Painting and lighting. The owner of each antenna structure 
required to be painted and/or illuminated under the provisions of 
Section 303(q) of the Communications Act of 1934, as amended, shall 
operate and maintain the antenna structure painting and lighting in 
accordance with part 17 of this chapter. In the event of default by the 
owner, each licensee or permittee shall be individually responsible for 
conforming to the requirements pertaining to antenna structure painting 
and lighting.
    (e) Antenna Structure Registration Number. Applications proposing 
construction of one or more new antenna structures or alteration of the 
overall height of one or more existing structures, where FAA 
notification prior to such construction or alteration is required by 
part 17 of this chapter, must include the FCC Antenna Structure 
Registration Number(s) for the affected structure(s). If no such number 
has been assigned at the time the application is filed, the applicant 
must state in the application whether or not the antenna structure owner 
has notified the FAA of the proposed construction or alteration and 
applied to the FCC for an Antenna Structure Registration Number in 
accordance with part 17 of this chapter for the antenna structure in 
question.
    (f) Construction permits are not required for U.S.-licensed space 
stations. Construction of such stations may commence, at the applicant's 
own risk, prior to grant of a license. Prior to commencing construction, 
however, applicants must notify the Commission in writing they plan to 
begin construction at their own risk.
    (g) Except as set forth in paragraph (h) of this section, a launch 
authorization and station license (i.e., operating authority) must be 
applied for and granted before a space station may be launched and 
operated in orbit. Request for launch authorization may be included in 
an application for space station license. However, an application for 
authority to launch and operate an on-ground spare satellite will be 
considered pursuant to the following procedures:

[[Page 270]]

    (1) Applications for launch and operation of an on-ground spare 
NGSO-like satellite will be considered pursuant to the procedures set 
forth in Sec. 25.157, except as set forth in paragraph (g)(3) of this 
section.
    (2) Applications for launch and operation of an on-ground spare GSO-
like satellite will be considered pursuant to the procedures set forth 
in Sec. 25.158, except as set forth in paragraph (g)(3) of this 
section.
    (3) Neither paragraph (g)(1) nor (g)(2) of this section will apply 
in cases where the space station to be launched is determined to be an 
emergency replacement for a previously authorized space station that has 
been lost as a result of a launch failure or a catastrophic in-orbit 
failure.
    (h) Licensees of Non-Geostationary Satellite Orbit (NGSO) satellite 
systems need not file separate applications to operate technically 
identical in-orbit spares authorized as part of a blanket license 
pursuant to Sec. 25.114(e) or any other satellite blanket licensing 
provision in this part. However, the licensee shall notify the 
Commission within 30 days of bringing the in-orbit spare into operation, 
and certify that operation of this space station did not cause the 
licensee to exceed the total number of operating space stations 
authorized by the Commission, and that the licensee will operate the 
space station within the applicable terms and conditions of its license. 
These notifications must be filed electronically on FCC Form 312.

[56 FR 24016, May 28, 1991, as amended at 61 FR 4366, Feb. 6, 1996; 61 
FR 9951, Mar. 12, 1996; 61 FR 55582, Oct. 28, 1996; 62 FR 5927, Feb. 10, 
1997; 62 FR 64172, Dec. 4, 1997; 68 FR 51502, Aug. 27, 2003; 69 FR 
47794, Aug. 6, 2004]



Sec. 25.114  Applications for space station authorizations.

    (a) A comprehensive proposal shall be submitted for each proposed 
space station on FCC Form 312, Main Form and Schedule S, together with 
attached exhibits as described in paragraph (d) of this section.
    (b) Each application for a new or modified space station 
authorization must constitute a concrete proposal for Commission 
evaluation. Each application must also contain the formal waiver 
required by section 304 of the Communications Act, 47 U.S.C. 304. The 
technical information for a proposed satellite system specified in 
paragraph (c) of this section must be filed on FCC Form 312, Main Form 
and Schedule S. The technical information for a proposed satellite 
system specified in paragraph (d) of this section need not be filed on 
any prescribed form but should be complete in all pertinent details. 
Applications for all new space station authorizations must be filed 
electronically through the International Bureau Filing System (IBFS) in 
accordance with the applicable provisions of part 1, subpart Y of this 
chapter.
    (c) The following information shall be filed on FCC Form 312, Main 
Form and Schedule S:
    (1) Name, address, and telephone number of the applicant;
    (2) Name, address, and telephone number of the person(s), including 
counsel, to whom inquiries or correspondence should be directed;
    (3) Type of authorization requested (e.g., launch authority, station 
license, modification of authorization);
    (4)(i) Radio frequencies and polarization plan (including beacon, 
telemetry, and telecommand functions), center frequency and polarization 
of transponders (both receiving and transmitting frequencies),
    (ii) Emission designators and allocated bandwidth of emission, final 
amplifier output power (identify any net losses between output of final 
amplifier and input of antenna and specify the maximum EIRP for each 
antenna beam),
    (iii) Identification of which antenna beams are connected or 
switchable to each transponder and TT&C function,
    (iv) Receiving system noise temperature,
    (v) The relationship between satellite receive antenna gain pattern 
and gain-to-temperature ratio and saturation flux density for each 
antenna beam (may be indicated on antenna gain plot),
    (vi) The gain of each transponder channel (between output of 
receiving antenna and input of transmitting antenna) including any 
adjustable gain step capabilities, and

[[Page 271]]

    (vii) Predicted receiver and transmitter channel filter response 
characteristics.
    (5) For satellites in geostationary-satellite orbit,
    (i) Orbital location, or locations if alternatives are proposed, 
requested for the satellite,
    (ii) The factors that support the orbital assignment or assignments 
proposed in paragraph (c)(5)(i) of this section,
    (iii) Longitudinal tolerance or east-west station-keeping 
capability;
    (iv) Inclination incursion or north-south station-keeping 
capability.
    (6) For satellites in non-geostationary-satellite orbits,
    (i) The number of space stations and applicable information relating 
to the number of orbital planes,
    (ii) The inclination of the orbital plane(s),
    (iii) The orbital period,
    (iv) The apogee,
    (v) The perigee,
    (vi) The argument(s) of perigee,
    (vii) Active service arc(s), and
    (viii) Right ascension of the ascending node(s).
    (7) For satellites in geostationary-satellite orbit, accuracy with 
which the orbital inclination, the antenna axis attitude, and 
longitudinal drift will be maintained;
    (8) Calculation of power flux density levels within each coverage 
area and of the energy dispersal, if any, needed for compliance with 
Sec. 25.208, for angles of arrival of 5[deg], 10[deg], 15[deg], 
20[deg], and 25[deg] above the horizontal;
    (9) Arrangement for tracking, telemetry, and control;
    (10) Physical characteristics of the space station including weight 
and dimensions of spacecraft, detailed mass (on ground and in-orbit) and 
power (beginning and end of life) budgets, and estimated operational 
lifetime and reliability of the space station and the basis for that 
estimate;
    (11) A clear and detailed statement of whether the space station is 
to be operated on a common carrier basis, or whether non-common carrier 
transactions are proposed. If non-common carrier transactions are 
proposed, describe the nature of the transactions and specify the number 
of transponders to be offered on a non-common carrier basis;
    (12) Dates by which construction will be commenced and completed, 
launch date, and estimated date of placement into service.
    (13) The polarization information specified in Sec. Sec. 
25.210(a)(1), (a)(3), and (i), to the extent applicable.
    (d) The following information in narrative form shall be contained 
in each application:
    (1) General description of overall system facilities, operations and 
services;
    (2) If applicable, the feeder link and inter-satellite service 
frequencies requested for the satellite, together with any demonstration 
otherwise required by this chapter for use of those frequencies (see, 
e.g., Sec. Sec. 25.203(j) and (k));
    (3) Predicted space station antenna gain contour(s) for each 
transmit and each receive antenna beam and nominal orbital location 
requested. These contour(s) should be plotted on an area map at 2 dB 
intervals down to 10 dB below the peak value of the parameter and at 5 
dB intervals between 10 dB and 20 dB below the peak values, with the 
peak value and sense of polarization clearly specified on each plotted 
contour. For applications for geostationary orbit satellites, this 
information must be provided in the .gxt format.
    (4) A description of the types of services to be provided, and the 
areas to be served, including a description of the transmission 
characteristics and performance objectives for each type of proposed 
service, details of the link noise budget, typical or baseline earth 
station parameters, modulation parameters, and overall link performance 
analysis (including an analysis of the effects of each contributing 
noise and interference source);
    (5) Calculation of power flux density levels within each coverage 
area and of the energy dispersal, if any, needed for compliance with 
Sec. 25.208; Calculation of power flux density levels within each 
coverage area and of the energy dispersal, if any, needed for compliance 
with Sec. 25.208, for angles of arrival other than 5[deg], 10[deg], 
15[deg], 20[deg], and 25[deg] above the horizontal.
    (6) Public interest considerations in support of grant;

[[Page 272]]

    (7) Applications for authorizations for fixed-satellite space 
stations shall also include the information specified in Sec. 25.140;
    (8) Applications for authorizations in the Mobile-Satellite Service 
in the 1545-1559/1646.5-1660.5 MHz frequency bands shall also provide 
all information necessary to comply with the policies and procedures set 
forth in Rules and Policies Pertaining to the Use of Radio Frequencies 
in a Land Mobile Satellite Service, 2 FCC Rcd 485 (1987) (Available at 
address in Sec. 0.445 of this chapter.);
    (9) Applications to license multiple space station systems in the 
non-voice, non-geostationary mobile-satellite service under blanket 
operating authority shall also provide all information specified in 
Sec. 25.142; and
    (10) Applications for authorizations in the 1.6/2.4 GHz Mobile-
Satellite Service shall also provide all information specified in Sec. 
25.143.
    (11) In addition to a statement of whether the space station is to 
be operated on a common carrier basis, or whether non-common carrier 
transactions are proposed, as specified in paragraph (c)(11) of this 
section, satellite applications in the Direct Broadcast Satellite 
service must provide a clear and detailed statement of whether the space 
station is to be operated on a broadcast or non-broadcast basis.
    (12) Applications for authorizations in the non-geostationary 
satellite orbit fixed-satellite service (NGSO FSS) in the bands 10.7 GHz 
to 14.5 GHz shall also provide all information specified in Sec. 
25.146.
    (13) For satellite applications in the Direct Broadcast Satellite 
service, if the proposed system's technical characteristics differ from 
those specified in the Appendix 30 BSS Plans, the Appendix 30A feeder 
link Plans, Annex 5 to Appendix 30 or Annex 3 to Appendix 30A, each 
applicant shall provide:
    (i) The information requested in Appendix 4 of the ITU's Radio 
Regulations. Further, applicants shall provide sufficient technical 
showing that the proposed system could operate satisfactorily if all 
assignments in the BSS and feeder link Plans were implemented.
    (ii) Analyses of the proposed system with respect to the limits in 
Annex 1 to Appendices 30 and 30A.
    (14) A description of the design and operational strategies that 
will be used to mitigate orbital debris, including the following 
information:
    (i) A statement that the space station operator has assessed and 
limited the amount of debris released in a planned manner during normal 
operations, and has assessed and limited the probability of the space 
station becoming a source of debris by collisions with small debris or 
meteoroids that could cause loss of control and prevent post-mission 
disposal;
    (ii) A statement that the space station operator has assessed and 
limited the probability of accidental explosions during and after 
completion of mission operations. This statement must include a 
demonstration that debris generation will not result from the conversion 
of energy sources on board the spacecraft into energy that fragments the 
spacecraft. Energy sources include chemical, pressure, and kinetic 
energy. This demonstration should address whether stored energy will be 
removed at the spacecraft's end of life, by depleting residual fuel and 
leaving all fuel line valves open, venting any pressurized system, 
leaving all batteries in a permanent discharge state, and removing any 
remaining source of stored energy, or through other equivalent 
procedures specifically disclosed in the application;
    (iii) A statement that the space station operator has assessed and 
limited the probability of the space station becoming a source of debris 
by collisions with large debris or other operational space stations. 
Where a space station will be launched into a low-Earth orbit that is 
identical, or very similar, to an orbit used by other space stations, 
the statement must include an analysis of the potential risk of 
collision and a description of what measures the space station operator 
plans to take to avoid in-orbit collisions. If the space station 
operator is relying on coordination with another system, the statement 
must indicate what steps have been taken to contact, and ascertain the 
likelihood of successful coordination of physical operations with, the 
other

[[Page 273]]

system. The statement must disclose the accuracy--if any--with which 
orbital parameters of non-geostationary satellite orbit space stations 
will be maintained, including apogee, perigee, inclination, and the 
right ascension of the ascending node(s). In the event that a system is 
not able to maintain orbital tolerances, i.e., it lacks a propulsion 
system for orbital maintenance, that fact should be included in the 
debris mitigation disclosure. Such systems must also indicate the 
anticipated evolution over time of the orbit of the proposed satellite 
or satellites. Where a space station requests the assignment of a 
geostationary-Earth orbit location, it must assess whether there are any 
known satellites located at, or reasonably expected to be located at, 
the requested orbital location, or assigned in the vicinity of that 
location, such that the station keeping volumes of the respective 
satellites might overlap. If so, the statement must include a statement 
as to the identities of those parties and the measures that will be 
taken to prevent collisions;
    (iv) A statement detailing the post-mission disposal plans for the 
space station at end of life, including the quantity of fuel--if any--
that will be reserved for post-mission disposal maneuvers. For 
geostationary-Earth orbit space stations, the statement must disclose 
the altitude selected for a post-mission disposal orbit and the 
calculations that are used in deriving the disposal altitude. The 
statement must also include a casualty risk assessment if planned post-
mission disposal involves atmospheric re-entry of the space station. In 
general, an assessment should include an estimate as to whether portions 
of the spacecraft will survive re-entry and reach the surface of the 
Earth, as well as an estimate of the resulting probability of human 
casualty.
    (e) Applicants requesting authority to launch and operate a system 
comprised of technically identical, non-geostationary satellite orbit 
space stations may file a single ``blanket'' application containing the 
information specified in paragraphs (c) and (d) of this section for each 
representative space station.

[68 FR 63997, Nov. 12, 2003, as amended at 69 FR 29901, May 26, 2004; 69 
FR 47794, Aug. 6, 2004; 69 FR 54587, Sept. 9, 2004]

    Effective Date Note: At 69 FR 54587, Sept. 9, 2004, Sec. 25.114 was 
amended by adding paragraph (d)(14). This paragraph contains information 
collection and recordkeeping requirements and will not become effective 
until approval has been given by the Office of Management and Budget.



Sec. 25.115  Application for earth station authorizations.

    (a)(1) Transmitting earth stations. Except as provided under Sec. 
25.113(b), Commission authorization must be obtained for authority to 
construct and/or operate a transmitting earth station. Applications 
shall be filed electronically on FCC Form 312, Main Form and Schedule B, 
and include the information specified in Sec. 25.130, except as set 
forth in paragraph (a)(2) of this section.
    (2) Applicants for licenses for transmitting earth station 
facilities are required to file on Form 312EZ, to the extent that form 
is available, in the following cases:
    (i) The earth station will transmit in the 3700-4200 MHz and 5925-
6425 MHz band, and/or the 11.7-12.2 GHz and 14.0-14.5 GHz band; and
    (ii) The earth station will meet all the applicable technical 
specifications set forth in part 25 of this chapter.
    (3) If Form 312EZ is not available, earth station license applicants 
specified in paragraph (a)(2) must file on FCC Form 312, Main Form and 
Schedule B, and include the information specified in Sec. 25.130.
    (4) Applications for earth station authorizations must be filed in 
accordance with the pleading limitations, periods and other applicable 
provisions of Sec. Sec. 1.41 through 1.52 of this chapter, except that 
such earth station applications must be filed electronically through the 
International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter;
    (b) Receive-only earth stations. Applications to license or register 
receive only earth stations shall be filed on

[[Page 274]]

FCC Form 312, Main Form and Schedule B, and conform to the provisions of 
Sec. 25.131.
    (c)(1) Large Networks of Small Antennas operating in the 12/14 GHz 
frequency bands with U.S.-licensed or non-U.S. licensed satellites for 
domestic services. Applications to license small antenna network systems 
operating in the 12/14 GHz frequency band under blanket operating 
authority shall be filed on FCC Form 312, Main Form and Schedule B, for 
each large (5 meters or larger) hub station, and Schedule B for each 
representative type of small antenna (less than 5 meters) operating 
within the network.
    (c)(2) Large Networks of Small Antennas operating in the 4/6 GHz 
frequency bands with U.S.-licensed or non-U.S. licensed satellites for 
domestic services (CSATs). Applications to license small antenna network 
systems operating in the standard C-Band, 3700-4200 MHz and 5925-6425 
MHz frequency band shall be filed electronically on FCC Form 312, Main 
Form and Schedule B.
    (i) An initial lead application providing a detailed overview of the 
complete network shall be filed. Such lead applications shall fully 
identify the scope and nature of the service to be provided, as well as 
the complete technical details of each representative type of small 
antenna (less than 4.5 meters) that will operate within the network. 
Such lead applications for a single CSAT system must identify:
    (A) No more than three discrete geostationary satellites to be 
accessed;
    (B) The amount of frequency bandwidth sought, up to a maximum of 20 
MHz of spectrum in each direction at each of the satellites (The same 20 
MHz of uplink and 20 MHz of downlink spectrum at each satellite would be 
accessible by all CSAT earth stations in the system. The 20 MHz of 
uplink and 20 MHz of downlink spectrum need not be the same at each 
satellite location);
    (C) The maximum number of earth station sites;
    (ii) Following the issuance of a license for the lead application, 
the licensee shall notify the Commission of the complete technical 
parameters of each individual earth station site before that site is 
bought into operation under the lead authorization. Full frequency 
coordination of each individual site (e.g., for each satellite and the 
spectrum associated therewith) shall be completed prior to filing 
Commission notification. The coordination must be conducted in 
accordance with Sec. 25.203. Such notification shall be done by 
electronic filing and shall be consistent with the technical parameters 
of Schedule B of FCC Form 312.
    (iii) Following successful coordination of such an earth station, if 
the earth station operator does not file a lead application or a 
Schedule B within six months after it successfully completes 
coordination, it will be assumed that such frequency use is no longer 
desired, unless a second notification has been received within ten days 
prior to the end of the six month period. Such renewal notifications 
must be sent to all parties concerned. If the lead application or 
Schedule B, or renewal notification, is not timely received, the 
coordination will lapse and the licensee must re-coordinate the relevant 
earth stations if it still wishes to bring them into operation.
    (iv) Operation of each individual site may commence immediately 
after the public notice is released that identifies the notification 
sent to the Commission and if the requirements of paragraph (c)(2)(vi) 
of this section are met. Continuance of operation of each station for 
the duration of the lead license term shall be dependent upon successful 
completion of the normal public notice process. If any objections are 
received to the new station prior to the end of the 30 day comment 
period of the Public Notice, the licensee shall immediately cease 
operation of those particular stations until the coordination dispute is 
resolved and the CSAT licensee informs the Commission of the resolution. 
If the requirements of paragraph (c)(2)(vi) of this section are not met, 
operation may not commence until the Commission issues the public notice 
acting on the CSAT terminal authorization.
    (v) Each CSAT licensee shall annually provide the Commission an 
updated list of all operational earth stations in its system. The annual 
list shall also include a list of all earth stations deactivated during 
the year and

[[Page 275]]

identification of the satellites providing service to the network as of 
the date of the report.
    (vi) Conditional authorization. (A) An applicant for a new CSAT 
radio station or modification of an existing CSAT station authorized 
under paragraph (c)(2)(i) of this section in the 3700-4200; or 5925-6425 
MHz bands may operate the proposed station during the pendency of its 
application after the release of the public notice accepting the 
notification for filing that complies with paragraph (c)(2)(ii) of this 
section. The applicant, however, must first certify that the following 
conditions are satisfied:
    (1) The frequency coordination procedures of Sec. 25.203 have been 
successfully completed;
    (2) The antenna structure 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;
    (3) The grant of the application(s) does not require a waiver of the 
Commission's rules (with the exception of a request for waiver 
pertaining to fees);
    (4) The applicant has determined that the facility(ies) will not 
significantly affect the environment as defined in Sec. 1.1307 of this 
chapter;
    (5) The station site does not lie within 56.3 kilometers of any 
international border or within a radio ``Quiet Zone'' identified in 
Sec. 1.924 of this chapter; and
    (6) The filed application is consistent with the proposal that was 
coordinated pursuant to Sec. 25.251.
    (B) Conditional authority ceases immediately if the Schedule B is 
returned by the Commission because it is not accepted for filing.
    (C) A conditional authorization pursuant to paragraphs (c)(2)(vi)(A) 
and (c)(2)(vi)(B) of this section is evidenced by retaining a copy of 
the Schedule B notification with the station records. Conditional 
authorization does not prejudice any action the Commission may take on 
the subject application(s) or the Schedule B notifications.
    (D) 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).
    (E) The copy of the Schedule B notification form must be posted at 
each station operating pursuant to this section.
    (vii) Period of construction. Construction of each earth station 
must be completed and the station must be brought into regular operation 
within twelve months from the date that action is taken to authorize 
that station to operate under the lead authorization, except as may be 
otherwise determined by the Commission for any particular application.
    (d) User transceivers in the NVNG, 1.6/2.4 GHz Mobile-Satellite 
Service, and 2 GHz Mobile-Satellite Service need not be individually 
licensed. Service vendors may file blanket applications for transceivers 
units using FCC Form 312, Main Form and Schedule B, and specifying the 
number of units to be covered by the blanket license. Each application 
for a blanket license under this section shall include the information 
described in Sec. 25.136.
    (e) Earth stations operating in the 20/30 GHz Fixed-Satellite 
Service with U.S.-licensed or non-U.S. licensed satellites: Applications 
to license individual earth stations operating in the 20/30 GHz band 
shall be filed on FCC Form 312, Main Form and Schedule B, and shall also 
include the information described in Sec. 25.138. Earth stations 
belonging to a network operating in the 18.3-18.8 GHz, 19.7-20.2 GHz, 
28.35-28.6 GHz or 29.25-30.0 GHz bands may be licensed on a blanket 
basis. Applications for such blanket authorization may be filed using 
FCC Form 312, Main Form and Schedule B, and specifying the number of 
terminals to be covered by the blanket license. Each application for a 
blanket license under this section

[[Page 276]]

shall include the information described in Sec. 25.138.
    (f) User transceivers in the non-geostationary satellite orbit 
fixed-satellite service in the 11.7-12.2 GHz, 12.2-12.7 GHz and 14.0-
14.5 GHz bands need not be individually licensed. Service vendors may 
file blanket applications for transceiver units using FCC Form 312, Main 
Form and Schedule B, and shall specify the number of terminals to be 
covered by the blanket license. Each application for a blanket license 
under this section shall include the information described in Sec. 
25.146. Any earth stations that are not user transceivers, and which 
transmit in the non-geostationary satellite orbit fixed-satellite 
service in the 10.7-11.7 GHz, 12.75-13.15 GHz, 13.2125-13.25 GHz, and 
13.75-14.0 GHz bands must be individually licensed, pursuant to 
paragraph (a) of this section.

[62 FR 5928, Feb. 10, 1997, as amended at 62 FR 64172, Dec. 4, 1997; 65 
FR 54169, Sept. 7, 2000; 65 FR 59142, Oct. 4, 2000; 66 FR 31559, June 
12, 2001; 67 FR 53510, Aug. 16, 2002; 68 FR 16966, Apr. 8, 2003; 68 FR 
63998, Nov. 12, 2003; 69 FR 29901, May 26, 2004; 69 FR 47794, Aug. 6, 
2004]



Sec. 25.116  Amendments to applications.

    (a) Unless otherwise specified, any pending application may be 
amended until designated for hearing, a public notice is issued stating 
that a substantive disposition of the application is to be considered at 
a forthcoming Commission meeting, or a final order disposing of the 
matter is adopted by the Commission.
    (b) Major amendments submitted pursuant to paragraph (a) of this 
section are subject to the public notice requirements of Sec. 25.151. 
An amendment will be deemed to be a major amendment under the following 
circumstances:
    (1) If the amendment increases the potential for interference, or 
changes the proposed frequencies or orbital locations to be used.
    (2) If the amendment would convert the proposal into an action that 
may have a significant environmental effect under Sec. 1.1307 of this 
chapter.
    (3) [Reserved]
    (4) If the amendment, or the cumulative effect of the amendment, is 
determined by the Commission otherwise to be substantial pursuant to 
section 309 of the Communications Act.
    (5) Amendments to ``defective'' space station applications, within 
the meaning of Sec. 25.112 will not be considered.
    (c) Any application for an NGSO-like satellite license within the 
meaning of Sec. 25.157 will be considered to be a newly filed 
application if it is amended by a major amendment (as defined by 
paragraph (b) of this section) after a ``cut-off'' date applicable to 
the application, except under the following circumstances:
    (1) The amendment resolves frequency conflicts with authorized 
stations or other pending applications but does not create new or 
increased frequency conflicts;
    (2) The amendment reflects only a change in ownership or control 
found by the Commission to be in the public interest and, for which a 
requested exemption from a ``cut-off'' date is granted;
    (3) The amendment corrects typographical, transcription, or similar 
clerical errors which are clearly demonstrated to be mistakes by 
reference to other parts of the application, and whose discovery does 
not create new or increased frequency conflicts; or
    (4) The amendment does not create new or increased frequency 
conflicts, and is demonstrably necessitated by events which the 
applicant could not have reasonably foreseen at the time of filing.
    (d) Any application for a GSO-like satellite license within the 
meaning of Sec. 25.158 will be considered to be a newly filed 
application if it is amended by a major amendment (as defined by 
paragraph (b) of this section), and will cause the application to lose 
its status relative to later-filed applications in the ``queue'' as 
described in Sec. 25.158.
    (e) Any amendment to an application shall be filed electronically 
through the International Bureau Filing System (IBFS) in accordance with 
the applicable provisions of part 1, subpart Y of this chapter. 
Amendments to space station applications must be filed on Form 312 and 
Schedule S. Amendments

[[Page 277]]

to space station applications must be filed on Form 312 and Schedule B.

[56 FR 24016, May 28, 1991, as amended at 68 FR 51503, Aug. 27, 2003; 69 
FR 47794, Aug. 6, 2004]



Sec. 25.117  Modification of station license.

    (a) Except as provided for in Sec. 25.118 (Modifications not 
requiring prior authorization), no modification of a radio station 
governed by this part which affects the parameters or terms and 
conditions of the station authorization shall be made except upon 
application to and grant of such application by the Commission.
    (b) [Reserved]
    (c) Applications for modification of earth station authorizations 
shall be submitted on FCC Form 312, Main Form and Schedule B. 
Applications for modification of space station authorizations shall be 
submitted on FCC Form 312, Main Form and Schedule S. Both earth station 
and space station modification applications must be filed electronically 
through the International Bureau Filing System (IBFS) in accordance with 
the applicable provisions of part 1, subpart Y of this chapter. In 
addition, any application for modification of authorization to extend a 
required date of completion, as set forth in Sec. 25.133 for earth 
station authorization or Sec. 25.164 for space stations, or included as 
a condition of any earth station or space station authorization, must 
include a verified statement from the applicant:
    (1) That states the additional time is required due to unforeseeable 
circumstances beyond the applicant's control, describes these 
circumstances with specificity, and justifies the precise extension 
period requested; or
    (2) That states there are unique and overriding public interest 
concerns that justify an extension, identifies these interests and 
justifies a precise extension period.
    (d)(1) Except as set forth in Sec. 25.118(e), applications for 
modifications of space station authorizations shall be filed in 
accordance with Sec. 25.114, but only those items of information listed 
in Sec. 25.114 that change need to be submitted, provided the applicant 
certifies that the remaining information has not changed.
    (2) Applications for modifications of space station authorizations 
will be granted except under the following circumstances:
    (i) Granting the modification would make the applicant unqualified 
to operate a space station under the Commission's rules.
    (ii) Granting the modification request would not serve the public 
interest, convenience, and necessity.
    (iii) Except as set forth in paragraph (d)(2)(iv) of this section, 
applications for modifications of GSO-like space station authorizations 
granted pursuant to the procedure set forth in Sec. 25.158, which seek 
to relocate a GSO satellite or add a frequency band to the 
authorization, will be placed in a queue pursuant to Sec. 25.158 and 
considered only after previously filed space station license 
applications or space station modification applications have been 
considered.
    (iv) Applications for modifications of space station authorizations 
to increase the authorized bandwidth will not be considered in cases in 
which the original space station authorization was granted pursuant to 
the procedures set forth in Sec. 25.157(e) or Sec. 25.158(c)(4).
    (3) In the event that a space station licensee provides notification 
of a planned license modification pursuant to Sec. 25.118(e), and the 
Commission finds that the proposed modification does not meet the 
requirements of Sec. 25.118(e), the Commission will issue a public 
notice announcing that the proposed license modification will be 
considered pursuant to the procedure specified in paragraphs (d)(1) and 
(d)(2) of this section.
    (e) [Reserved]
    (f) An application for modification of a space station license to 
add an ancillary terrestrial component to an eligible satellite network 
will be treated as a request for a minor modification if the particulars 
of operations provided by the applicant comply with the criteria 
specified in Sec. 25.149. Notwithstanding the treatment of such an 
application as a minor modification, the Commission shall place any 
initial application for the modification of a space station license to 
add an ancillary terrestrial component on notice for public comment. 
Except as provided

[[Page 278]]

for in Sec. 25.149(f), no application for authority to add an ancillary 
terrestrial component to an eligible satellite network shall be granted 
until the applicant has demonstrated actual compliance with the criteria 
specified in Sec. 25.149(b).

[56 FR 24016, May 28, 1991, as amended at 61 FR 9952, Mar. 12, 1996; 62 
FR 5928, Feb. 10, 1997; 68 FR 33649, June 5, 2003; 68 FR 47858, Aug. 12, 
2003; 68 FR 51503, Aug. 27, 2003; 68 FR 62248, Nov. 3, 2003; 68 FR 
63998, Nov. 12, 2003; 69 FR 47794, Aug. 6, 2004]



Sec. 25.118  Modifications not requiring prior authorization.

    (a) Earth station license modifications, notification required. 
Authorized earth station operators may make the following modifications 
to their licenses without prior Commission authorization, provided that 
the operators notify the Commission, using FCC Form 312 and Schedule B, 
within 30 days of the modification. This notification must be filed 
electronically through the International Bureau Filing System (IBFS) in 
accordance with the applicable provisions of part 1, subpart Y of this 
chapter:
    (1) Licensees may make changes to their authorized earth stations 
without obtaining prior Commission authorization, provided that they 
have complied with all applicable frequency coordination procedures in 
accordance with Sec. 25.251, and the modification does not involve:
    (i) An increase in EIRP or EIRP density (both main lobe and side 
lobe);
    (ii) An increase in transmitted power;
    (iii) A change in coordinates of more than 1 second in latitude or 
longitude for stations operating in frequency bands that are shared with 
terrestrial systems; or
    (iv) A change in coordinates of 10 seconds or greater in latitude or 
longitude for stations operating in frequency bands that are not shared 
with terrestrial systems.
    (2) Except for replacement of equipment where the new equipment is 
electrically identical to the existing equipment, an authorized earth 
station licensee may add, change or replace transmitters or antenna 
facilities without prior authorization, provided:
    (i) The added, changed, or replaced facilities conform to Sec. 
25.209;
    (ii) The particulars of operations remain unchanged;
    (iii) Frequency coordination is not required; and
    (iv) The maximum power and power density delivered into any antenna 
at the earth station site shall not exceed the values calculated by 
subtracting the maximum antenna gain specified in the license from the 
maximum authorized e.i.r.p. and e.i.r.p. density values.
    (3) Authorized VSAT earth station operators may add VSAT remote 
terminals without prior authorization, provided that they have complied 
with all applicable frequency coordination procedures in accordance with 
Sec. 25.251.
    (4) A licensee providing service on a private carrier basis may 
change its operations to common carrier status without obtaining prior 
Commission authorization. The licensee must notify the Commission using 
Form 312 within 30 days after the completed change to common carrier 
status.
    (5) Earth station operators may change their points of communication 
without prior authorization, provided that the change results from a 
space station license modification described in paragraph (e) of this 
section, and the earth station operator does not repoint its antenna.
    (b) Earth station license modifications, notification not required. 
Notwithstanding paragraph (a)(2) of this section, equipment in an 
authorized earth station may be replaced without prior authorization and 
without notifying the Commission if the new equipment is electrically 
identical to the existing equipment.
    (c)-(d) [Reserved]
    (e) Space station modifications. A space station operator may modify 
its license without prior authorization, but upon 30 days prior notice 
to the Commission and any potentially affected licensed spectrum user, 
provided that the operator meets the following requirements. This 
notification must be filed electronically on Form 312 through the 
International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter:

[[Page 279]]

    (1) The space station licensee will relocate a Geostationary 
Satellite Orbit (GSO) space station to another orbit location that is 
assigned to that licensee;
    (2) The relocated space station licensee will operate with the same 
technical parameters as the space station initially assigned to that 
location, or within the original satellite's authorized and/or 
coordinated parameters;
    (3) The space station licensee certifies that it will comply with 
all the conditions of its original license and all applicable rules 
after the relocation;
    (4) The space station licensee certifies that it will comply with 
all applicable coordination agreements at the newly occupied orbital 
location;
    (5) The space station licensee certifies that it has completed any 
necessary coordination of its space station at the new location with 
other potentially affected space station operators;
    (6) The space station licensee certifies that it will limit 
operations of the space station to Tracking, Telemetry, and Control 
(TT&C) functions during the relocation and satellite drift transition 
period; and
    (7) The space station licensee certifies that the relocation of the 
space station does not result in a lapse of service for any current 
customer.
    (8) For DBS licensees, the space station licensee must certify that 
it will not cause greater interference than that which would occur from 
the current U.S. assignments in the International Telecommunication 
Union (ITU) Region 2 BSS Plan and its associated Feeder Link Plan.
    (9) For DBS licensees, the space station licensee must certify that 
it will meet the geographic service requirements in Sec. 25.148(c).

[62 FR 5928, Feb. 10, 1997, as amended at 68 FR 62248, Nov. 3, 2003; 68 
FR 63999, Nov. 12, 2003; 69 FR 47794, Aug. 6, 2004]



Sec. 25.119  Assignment or transfer of control of station authorization.

    (a) You must file an application for Commission authorization before 
you can transfer, assign, dispose of (voluntarily or involuntarily, 
directly or indirectly, or by transfer of control of any corporation or 
any other entity) your station license or accompanying rights. The 
Commission will grant your application only if it finds that doing so 
will serve the public interest, convenience and necessity.
    (b) For purposes of this section, transfers of control requiring 
Commission approval shall include any and all transactions that:
    (1) Change the party controlling the affairs of the licensee, or
    (2) Affect any change in a controlling interest in the ownership of 
the licensee, including changes in legal or equitable ownership.
    (c) Assignment of license. You must submit an FCC Form 312, Main 
Form and Schedule A to voluntarily assign (e.g., as by contract or other 
agreement) or involuntarily assign (e.g., as by death, bankruptcy, or 
legal disability) your station authorization. You must file these forms 
electronically through IBFS.
    (d) Transfer of control of corporation holding license. If you want 
to transfer control of a corporation, which holds one or more licenses 
voluntarily or involuntarily (de jure or de facto), you must submit an 
FCC Form 312, Main Form and Schedule A. You must file these forms 
electronically through IBFS. For involuntary transfers, you must file 
your application within 10 days of the event causing the transfer of 
control. You can also use FCC Form 312, Main Form and Schedule A for 
non-substantial (pro forma) transfers of control.
    (e) Whenever a group of station licenses in the same radio service 
for the same class of facility licensed to the same entity is to be 
assigned or transferred to a single assignee or transferee, a single 
application may be filed to cover the entire group, if the application 
identifies in an exhibit each station by call sign, station location and 
expiration date of license.
    (f) Assignments and transfers of control shall be completed within 
60 days from the date of authorization. Within 30 days of consumation, 
the Commission shall be notified by letter of the date of consummation 
and the file numbers of the applications involved in the transaction.
    (g) The Commission retains discretion in reviewing assignments and

[[Page 280]]

transfers of control of space station licenses to determine whether the 
initial license was obtained in good faith with the intent to construct 
a satellite system.

[56 FR 24016, May 20, 1991; 56 FR 29757, June 20, 1991. Redesignated and 
amended at 62 FR 5928, 5929, Feb. 10, 1997; 68 FR 51503, Aug. 27, 2003; 
69 FR 29901, May 26, 2004]



Sec. 25.120  Application for special temporary authorization.

    (a) In circumstances requiring immediate or temporary use of 
facilities, request may be made for special temporary authority to 
install and/or operate new or modified equipment. The request must 
contain the full particulars of the proposed operation including all 
facts sufficient to justify the temporary authority sought and the 
public interest therein. No request for temporary authority will be 
considered unless it is received by the Commission at least 3 working 
days prior to the date of proposed construction or operation or, where 
an extension is sought, the expiration date of the existing temporary 
authorization. A request received within less than 3 working days may be 
accepted only upon due showing of extraordinary reasons for the delay in 
submitting the request which could not have been earlier foreseen by the 
applicant. A copy of the request for special temporary authority also 
shall be forwarded to the Commission's Columbia Operations Center, 9200 
Farm House Lane, Columbia, MD 21046-1609.
    (b)(1) The Commission may grant a temporary authorization only upon 
a finding that there are extraordinary circumstances requiring temporary 
operations in the public interest and that delay in the institution of 
these temporary operations would seriously prejudice the public 
interest. Convenience to the applicant, such as marketing considerations 
or meeting scheduled customer in-service dates, will not be deemed 
sufficient for this purpose.
    (2) The Commission may grant a temporary authorization for a period 
not to exceed 180 days, with additional periods not exceeding 180 days, 
if the Commission has placed the special temporary authority (STA) 
request on public notice.
    (3) The Commission may grant a temporary authorization for a period 
not to exceed 60 days, if the STA request has not been placed on public 
notice, and the applicant plans to file a request for regular authority 
for the service.
    (4) The Commission may grant a temporary authorization for a period 
not to exceed 30 days, if the STA request has not been placed on public 
notice, and an application for regular authority is not contemplated.
    (c) Each application proposing construction of one or more earth 
station antennas or alteration of the overall height of one or more 
existing earth station antenna structures, where FAA notification prior 
to such construction or alteration is required by part 17 of this 
chapter, must include the FCC Antenna Structure Registration Number(s) 
for the affected satellite earth station antenna(s). If no such number 
has been assigned at the time the application(s) is filed, the applicant 
must state in the application whether the satellite earth station 
antenna owner has notified the FAA of the proposed construction or 
alteration and applied to the FCC for an Antenna Structure Registration 
Number in accordance with part 17 of this chapter. Applications 
proposing construction of one or more earth station antennas or 
alteration of the overall height of one or more existing earth station 
antennas, where FAA notification prior to such construction or 
alteration is not required by part 17 of this chapter, must indicate 
such and, unless the satellite earth station antenna is 6.10 meters or 
less above ground level (AGL), must contain a statement explaining why 
FAA notification is not required.

[56 FR 24016, May 28, 1991, as amended at 61 FR 4367, Feb. 6, 1996. 
Redesignated and amended at 62 FR 5928, 5929, Feb. 10, 1997; 66 FR 9973, 
Feb. 13, 2001; 68 FR 51503, Aug. 27, 2003]



Sec. 25.121  License term and renewals.

    (a) License Term. Except for licenses for DBS facilities, licenses 
for facilities governed by this part will be issued for a period of 15 
years. Licenses for DBS space stations licensed as broadcast facilities 
will be issued for a period of 8 years. Licenses for DBS space stations

[[Page 281]]

not licensed as broadcast facilities will be issued for a period of 10 
years.
    (b) The Commission reserves the right to grant or renew station 
licenses for less than 15 years if, in its judgment, the public 
interest, convenience and necessity will be served by such action.
    (c) For earth stations, the license term will be specified in the 
instrument of authorization.
    (d) Space stations. (1) For geostationary satellite orbit 
satellites, the license term will begin at 3 a.m. EST on the date the 
licensee certifies to the Commission that the satellite has been 
successfully placed into orbit and that the operations of the satellite 
fully conform to the terms and conditions of the space station radio 
authorization.
    (2) For non-geostationary satellite orbit satellites, the license 
term will begin at 3 a.m. EST on the date that the licensee certifies to 
the Commission that its initial space station has been successfully 
placed into orbit and that the operations of that satellite fully 
conform to the terms and conditions of the space station system 
authorization. All space stations launched and brought into service 
during the 15-year license term shall operate pursuant to the system 
authorization, and the operating authority for all space stations will 
terminate upon the expiration of the system license.
    (e) Renewal of licenses. Applications for renewals of earth station 
licenses must be submitted on FCC Form 312R no earlier than 90 days, and 
no later than 30 days, before the expiration date of the license. 
Applications for space station system replacement authorization for non-
geostationary orbit satellites shall be filed no earlier than 90 days, 
and no later than 30 days, prior to the end of the twelfth year of the 
existing license term.

[56 FR 24016, May 28, 1991, as amended at 58 FR 68059, Dec. 23, 1993; 59 
FR 53327, Oct. 21, 1994. Redesignated and amended at 62 FR 5928, 5929, 
Feb. 10, 1997; 65 FR 59142, Oct. 4, 2000; 67 FR 12485, Mar. 19, 2002; 67 
FR 51113, Aug. 7, 2002; 68 FR 51503, Aug. 27, 2003; 68 FR 63999, Nov. 
12, 2003]



Sec. 25.129  Equipment authorization for portable earth-station transceivers.

    (a) Except as expressly permitted by Sec. 2.803 or Sec. 2.1204 of 
this chapter, prior authorization must be obtained pursuant to the 
equipment certification procedure in part 2, Subpart J of this chapter 
for importation, sale or lease in the United States, or offer, shipment, 
or distribution for sale or lease in the United States of portable 
earth-station transceivers subject to regulation under part 25. This 
requirement does not apply, however, to devices imported, sold, leased, 
or offered, shipped, or distributed for sale or lease before November 
20, 2004.
    (b) For purposes of this section, an earth-station transceiver is 
portable if it is a ``portable device'' as defined in Sec. 2.1093(b) of 
this chapter, i.e., if its radiating structure(s) would be within 20 
centimeters of the operator's body when the transceiver is in operation.
    (c) In addition to the information required by Sec. 1.1307(b) and 
Sec. 2.1033(c) of this chapter, applicants for certification required 
by this section shall submit any additional equipment test data 
necessary to demonstrate compliance with pertinent standards for 
transmitter performance prescribed in Sec. 25.138, Sec. 25.202(f), 
Sec. 25.204, Sec. 25.209, and Sec. 25.216 and shall submit the 
statements required by Sec. 2.1093(c) of this chapter.
    (d) Applicants for certification required by this section must 
submit evidence that the devices in question are designed for use with a 
satellite system that may lawfully provide service to users in the 
United States pursuant to an FCC license or order reserving spectrum.

[69 FR 5709, Feb. 6, 2004]

    Effective Date Note: At 69 FR 5709, Feb. 6, 2004, Sec. 25.129 was 
added. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.

                             Earth Stations



Sec. 25.130  Filing requirements for transmitting earth stations.

    (a) Applications for a new or modified transmitting earth station 
facility shall be submitted on FCC Form 312,

[[Page 282]]

Main Form and Schedule B, accompanied by any required exhibits, except 
for those earth station applications filed on FCC Form 312EZ pursuant to 
Sec. 25.115(a). All such earth station license applications must be 
filed electronically through the International Bureau Filing System 
(IBFS) in accordance with the applicable provisions of part 1, subpart Y 
of this chapter.
    (b) A frequency coordination analysis in accordance with Sec. 
25.203 shall be provided for earth stations transmitting in the 
frequency bands shared with equal rights between terrestrial and space 
services, except that applications for user transceiver units associated 
with the NVNG mobile-satellite service shall instead provide the 
information required by Sec. 25.135 and applications for user 
transceiver units associated with the 1.6/2.4 GHz Mobile-Satellite 
Service shall demonstrate that user transceiver operations comply with 
the requirements set forth in Sec. 25.213.
    (c) In those cases where an applicant is filing a number of 
essentially similar applications, showings of a general nature 
applicable to all of the proposed stations may be submitted in the 
initial application and incorporated by reference in subsequent 
applications.
    (d) Transmissions of signals or programming to non-U.S. licensed 
satellites, and to and/or from foreign points by means of U.S.-licensed 
fixed satellites may be subject to restrictions as a result of 
international agreements or treaties. The Commission will maintain 
public information on the status of any such agreements.
    (e) Each application proposing construction of one or more earth 
station antennas or alteration of the overall height of one or more 
existing earth station antennas, where FAA notification prior to such 
construction or alteration is required by part 17 of this chapter, must 
include the FCC Antenna Structure Registration Number(s) for the 
affected satellite earth station antenna(s). If no such number has been 
assigned at the time the application(s) is filed, the applicant must 
state in the application whether the satellite earth station antenna 
owner has notified the FAA of the proposed construction or alteration 
and applied to the FCC for an antenna Structure Registration Number in 
accordance with part 17 of this chapter. Applications proposing 
construction of one or more earth station antennas or alteration of the 
overall height of one or more existing earth station antennas, where FAA 
notification prior to such construction or notification or alteration is 
not required by part 17 of this chapter, must indicate such and, unless 
the satellite earth station antenna is 6.10 meters or less above ground 
level (AGL), must contain a statement explaining why FAA notification is 
not required.

[56 FR 24016, May 28, 1991, as amended at 58 FR 68059, Dec. 23, 1993; 59 
FR 53327, Oct. 21, 1994; 61 FR 4367, Feb. 6, 1996; 61 FR 9952, Mar. 12, 
1996; 62 FR 5929, Feb. 10, 1997; 62 FR 64172, Dec. 4, 1997; 69 FR 29901, 
May 26, 2004; 69 FR 47795, Aug. 6, 2004]



Sec. 25.131  Filing requirements for receive-only earth stations.

    (a) Except as provided in paragraphs (b) and (j) of this section, 
and section 25.115(a), applications for a license for a receive-only 
earth station shall be submitted on FCC Form 312, Main Form and Schedule 
B, accompanied by any required exhibits. All such earth station license 
applications must be filed electronically through the International 
Bureau Filing System (IBFS) in accordance with the applicable provisions 
of part 1, subpart Y of this chapter.
    (b) Except as provided in paragraph (j) of this section, receive-
only earth stations in the fixed-satellite service that operate with 
U.S.-licensed satellites may be registered with the Commission in order 
to protect them from interference from terrestrial microwave stations in 
bands shared co-equally with the fixed service in accordance with the 
procedures of Sec. Sec. 25.203 and 25.251.
    (c) Licensing or registration of receive-only earth stations with 
the Commission confers no authority to receive and use signals or 
programming received from satellites. See section 705 of the 
Communications Act. 47 U.S.C. 605.
    (d) Applications for registration shall be filed on FCC Form 312, 
Main Form and Schedule B, accompanied by the coordination exhibit 
required by

[[Page 283]]

Sec. 25.203, and any other required exhibits. Any application that is 
deficient or incomplete in any respect shall be immediately returned to 
the applicant without processing.
    (e) Complete applications for registration will be placed on public 
notice for 30 days and automatically granted if no objection is 
submitted to the Commission and served on the applicant. Additional 
pleadings are authorized in accordance with Sec. 1.45 of this chapter.
    (f) The registration of a receive-only earth station results in the 
listing of an authorized frequency band at the location specified in the 
registration. Interference protection levels are those agreed to during 
coordination.
    (g) Reception of signals or programming from non-U.S. satellites may 
be subject to restrictions as a result of international agreements or 
treaties. The Commission will maintain public information on the status 
of any such agreements.
    (h) Registration term: Registrations for receive-only earth stations 
governed by this section will be issued for a period of 15 years from 
the date on which the application was filed. Applications for renewals 
of registrations must be submitted on FCC Form 312R (Application for 
Renewal of Radio Station License in Specified Services) no earlier than 
90 days and no later than 30 days before the expiration date of the 
registration.
    (i) Applications for modification of license or registration of 
receive-only earth stations shall be made in conformance with Sec. Sec. 
25.117 and 25.118. In addition, registrants are required to notify the 
Commission when a receive-only earth station is no longer operational or 
when it has not been used to provide any service during any 6-month 
period.
    (j)(1) Except as set forth in paragraph (j)(2) of this section, 
receive-only earth stations operating with non-U.S. licensed space 
stations shall file an FCC Form 312 requesting a license or modification 
to operate such station.
    (2) Receive-only earth stations used to receive transmissions from 
non-U.S.-licensed space stations on the Permitted Space Station List 
need not file for licenses, provided that:
    (i) The earth station antenna meets the antenna performance 
standards set forth in Sec. Sec. 25.209(a) and (b), and
    (ii) The space station operator and earth station operator comply 
with all applicable rules set forth in this chapter, and the conditions 
on the Permitted Space Station List applicable to that space station.

[56 FR 24016, May 28, 1991, as amended at 61 FR 9952, Mar. 12, 1996; 62 
FR 5929, Feb. 10, 1997; 62 FR 64172, Dec. 4, 1997; 65 FR 58466, Sept. 
29, 2000; 67 FR 12485, Mar. 19, 2002; 68 FR 62249, Nov. 3, 2003; 68 FR 
63999, Nov. 12, 2003; 69 FR 29901, May 26, 2004; 69 FR 47795, Aug. 6, 
2004]



Sec. 25.132  Verification of earth station antenna performance standards.

    (a) All applications for transmitting earth stations in the C and 
Ku-bands not subject to the certification requirement in Sec. 25.129 
must be accompanied by a certificate pursuant to Sec. 2.902 of this 
chapter from the manufacturer of each antenna that the results of a 
series of radiation pattern tests performed on representative equipment 
in representative configurations by the manufacturer which demonstrates 
that the equipment complies with the performance standards set forth in 
Sec. 25.209. The licensee must be prepared to demonstrate the 
measurements to the Commission on request in the course of an 
investigation of a harmful interference incident.
    (b)(1) In order to demonstrate compliance with Sec. 25.209 (a) and 
(b), the following measurements on a production antenna performed on 
calibrated antenna range, as a minimum, shall be made at the bottom, 
middle and top of each allocated frequency band and submitted to the 
Commission:
    (i) Co-polarized patterns for each of two orthogonal senses of 
polarizations in two orthogonal cuts of the antenna.
    (A) In the azimuth plane, plus and minus 7 degrees and plus and 
minus 180 degrees.
    (B) In the elevation plane, zero to forty-five degrees.
    (ii) Cross-polarization patterns in the E- and H-planes, plus and 
minus 9 degrees.
    (iii) Main beam gain.
    (2) The FCC envelope specified in Sec. 25.209 shall be superimposed 
on each

[[Page 284]]

pattern. The minimum tests specified above are recognized as 
representative of the performance of the antenna in most planes although 
some increase in sidelobe levels should be expected in the spar planes 
and orthogonal spar planes.
    (c) The tests specified in paragraph (b) of this section are 
normally performed at the manufacturer's facility; but for those 
antennas that are very large and only assembled on-site, on-site 
measurements may be used for product qualification data. If on-site data 
is to be used for qualification, the test frequencies and number of 
patterns should follow, where possible, the recommendations in paragraph 
(b) of this section, and the test data is to be submitted in the same 
manner as described in paragraph (a) of this section.
    (d) For each new or modified transmitting antenna over 3 meters in 
diameter, the following on-site verification measurements must be 
completed at one frequency on an available transponder in each frequency 
band of interest and submitted to the Commission.
    (1) Co-polarized patterns in the elevation plane, plus and minus 7 
degrees, in the transmit band.
    (2) Co-polarized patterns in the azimuth and elevation planes, plus 
and minus 7 degrees, in the receive band.
    (3) System cross-polarization discrimination on-axis. The FCC 
envelope specified in Sec. 25.209 shall be superimposed on each 
pattern. The transmit patterns are to be measured with the aid of a co-
operating earth station in coordination with the satellite system 
control center under the provisions of Sec. 25.272.
    (e) Certification that the tests required by paragraph (c) of this 
section have been satisfactorily performed shall be provided to the 
Commission in notification that construction of the facilities has been 
completed as required by Sec. 25.133.
    (f) Antennas less than 3 meters in diameter and antennas on simple 
(manual) drive mounts that are operated at a fixed site are exempt from 
the requirements of paragraphs (c) and (d) of this section provided that 
a detailed technical showing is made that confirms proper installation, 
pointing procedures, and polarization alignment and manufacturing 
quality control. These showing must also include a plan for periodic 
testing and field installation procedures and precautions.
    (g) Records of the results of the tests required by this section 
must be maintained at the antenna site or the earth station operator's 
control center and be available for inspection.

[58 FR 13419, Mar. 11, 1993, as amended at 69 FR 5710, Feb. 6, 2004]

    Effective Date Note: At 69 FR 5710, Feb. 6, 2004, Sec. 25.132 was 
amended by revising the first sentence of paragraph (a). This sentence 
contains information collection and recordkeeping requirements and will 
not become effective until approval has been given by the Office of 
Management and Budget.



Sec. 25.133  Period of construction; certification of commencement of 
operation.

    (a) Each license for an earth station governed by this part shall 
specify as a condition therein the period in which construction of 
facilities must be completed and station operation commenced. 
Construction of the earth station must be completed and the station must 
be brought into regular operation within 12 months from the date of the 
construction permit and/or license grant except as may be otherwise 
determined by the Commission for any particular application.
    (b) Each license for a transmitting earth station included in this 
part shall also specify as a condition therein that upon the completion 
of construction, each licensee must file with the Commission a 
certification containing the following information: The name of the 
licensee; file number of the application; call sign of the antenna; date 
of the license; a certification that the facility as authorized has been 
completed and that each antenna facility has been tested and is within 2 
dB of the pattern specified in Sec. Sec. 25.209, 25.135 (NVNG MSS earth 
stations), or Sec. 25.213 (1.6/2.4 GHz Mobile-Satellite Service and 2 
GHz Mobile-Satellite Service earth stations); the date on which the 
station became operational; and a statement that the station will remain 
operational during the license period unless the license is submitted 
for cancellation. For stations authorized under Sec. 25.115(c) (Large 
Networks of Small Antennas operating

[[Page 285]]

in the 12/14 GHz bands) and Sec. 25.115(d) (User Transceivers in the 
Mobile-Satellite Service), a certificate must be filed when the network 
is put into operation.
    (c) If the facility does not meet the technical parameters set forth 
in Sec. 25.209, a request for a waiver must be submitted and approved 
by the Commission before operations may commence.
    (d) Each receiving earth station licensed or registered pursuant to 
Sec. 25.131 must be constructed and placed into service within 6 months 
after coordination has been completed. Each licensee or registrant must 
file with the Commission a certification that the facility is completed 
and operating as provided in paragraph (b) of this section, with the 
exception of certification of antenna patterns.

[56 FR 24016, May 28, 1991, as amended at 58 FR 68059, Dec. 23, 1993; 59 
FR 53327, Oct. 21, 1994; 65 FR 59142, Oct. 4, 2000]



Sec. 25.134  Licensing provisions of Very Small Aperture Terminal (VSAT) 
and C-band Small Aperture Terminal (CSAT) networks.

    (a)(1) VSAT networks operating in the 12/14 GHz bands. All 
applications for digital VSAT networks with a maximum outbound downlink 
EIRP density of +6.0 dBW/4 kHz per carrier and earth station antennas 
with maximum input power density of -14 dBW/4 kHz and maximum hub EIRP 
of 78.3 dBW will be processed routinely. All applications for analog 
VSAT networks with maximum outbound downlink power densities of +13.0 
dBW/4 kHz per carrier and maximum antenna input power densities of -8.0 
dBW/4 kHz shall be processed routinely in accordance with Declaratory 
Order in the Matter of Routine Licensing of Earth Stations in the 6 GHz 
and 14 GHz Bands Using Antennas Less than 9 Meters and 5 Meters in 
Diameter, Respectively, for Both Full Transponder and Narrowband 
Transmissions, 2 FCC Rcd 2149 (1987) (Declaratory Order).
    (a)(2) Large Networks of Small Antennas operating in the 4/6 GHz 
frequency bands. All applications for digital and/or analog operations 
will be routinely processed provided the network employs antennas that 
are 4.5 meter or larger in diameter, that are consistent with Sec. 
25.209, the power levels are consistent with Sec. Sec. 25.211(d) and 
25.212(d), and frequency coordination has been satisfactorily completed. 
The use of smaller antennas or non-consistent power levels require the 
filing of an initial lead application (Sec. 25.115(c)(2)) that includes 
all technical analyses required to demonstrate that unacceptable 
interference will not be caused to any and all affected adjacent 
satellite operators by the operation of the non-conforming earth 
station.
    (b) VSAT networks operating in the 12/14 GHz bands. Each applicant 
for digital and/or analog VSAT network authorization proposing to use 
transmitted satellite carrier EIRP densities in excess of +6.0 dBW/4 kHz 
and +13.0 dBW/4 kHz, respectively, and/or maximum antenna input power 
densities of -14.0 dBW/4 kHz and maximum hub EIRPs of 78.3 dBW and -8.0 
dBW/4 kHz per carrier, respectively, shall conduct an engineering 
analysis using the Sharp, Adjacent Satellite Interference Analysis 
(ASIA) program. Applicants shall submit a complete description of those 
baseline parameters they use in conducting their analysis and tabular 
summaries of the ASIA program's output detailing potential interference 
shortfalls. Applicants shall also submit a narrative summary which must 
indicate whether there are margin shortfalls in any of the current 
baseline services as a result of the addition of the new applicant's 
high power service, and if so, how the applicant intends to resolve 
those margin shortfalls. Applicants shall submit link budget analyses of 
the operations proposed along with a detailed written explanation of how 
each uplink and each transmitted satellite carrier density figure is 
derived. Applicants shall provide proof by affidavit that all 
potentially affected parties acknowledge and do not object to the use of 
the applicant's higher power density.
    (c) Licensees authorized pursuant to paragraph (b) of this section 
shall bear the burden of coordinating with any future applicants or 
licensees whose proposed compliant VSAT operations, as defined by 
paragraph (a) of this section, is potentially or actually adversely 
affected by the operation of the

[[Page 286]]

non-compliant licensee. If no good faith agreement can be reached, 
however, the non-compliant licensee shall reduce its power density 
levels to those compliant with the VSAT Order or the Declaratory Order, 
whichever is applicable.
    (d) An application for VSAT authorization shall be filed on FCC Form 
312, Main Form and Schedule B. A VSAT licensee applying to renew its 
license must include on FCC Form 405, the number of constructed VSAT 
units in its network.

[56 FR 66001, Dec. 20, 1991, as amended at 62 FR 5929, Feb. 10, 1997; 66 
FR 31560, June 12, 2001]



Sec. 25.135  Licensing provisions for earth station networks in the 
non-voice, non-geostationary mobile-satellite service.

    (a) Each applicant for a blanket earth station license in the non-
voice, non-geostationary mobile-satellite service shall demonstrate that 
transceiver operations will not cause unacceptable interference to other 
authorized users of the spectrum, based on existing system information 
publicly available at the Commission at the time of filing, and will 
comply with operational conditions placed upon the systems with which 
they are to operate in accordance with Sec. 25.142(b). This 
demonstration shall include a showing as to all the technical 
parameters, including duty cycle and power limits, under which the 
individual user transceivers will operate.
    (b) Transceiver units associated with the non-voice, non-
geostationary mobile-satellite service may not be operated on civil 
aircraft. All portable or hand-held transceiver units (including 
transceiver units installed in other devices that are themselves 
portable or hand-held) having a receiver operating in the 137-138 MHz 
band shall bear the following statement in a conspicuous location on the 
device: ``This device may not be operated while on board a civil 
aircraft. It must be turned off at all times while on board such an 
aircraft.'' This subsection shall not apply to transceiver units whose 
receivers are incapable of radiating in the 108-137 MHz frequency bands.
    (c) Transceiver units in this service are authorized to communicate 
with and through U.S. authorized space stations only. No person without 
an FCC license for such operation may transmit to a space station in 
this service from anywhere in the United States except to receive 
service from the holder of a pertinent FCC blanket license or from 
another party with the permission of such a blanket licensee.
    (d) The holder of an FCC blanket license for operation of 
transceivers for communication via a non-voice, non-geostationary 
mobile-satellite system shall be responsible for operation of any such 
transceiver to receive service provided by the blanket licensee or 
provided by another party with the blanket licensee's consent. Operators 
of non-voice, non-geostationary mobile-satellite systems shall not 
transmit communications to or from user transceivers in the United 
States unless such communications are authorized under a service 
contract with the holder of a pertinent FCC blanket license or under a 
service contract another party with authority for such transceiver 
operation delegated by such a blanket licensee.

[58 FR 68059, Dec. 23, 1993, as amended at 69 FR 5710, Feb. 6, 2004]



Sec. 25.136  Licensing provisions for user transceivers in the 1.6/2.4 
GHz, 1.5/1.6 GHz, and 2 GHz Mobile Satellite Services.

    In addition to the technical requirements specified in Sec. 25.213, 
earth stations operating in the 1.6/2.4 GHz and 1.5/1.6 GHz Mobile 
Satellite Services are subject to the following operating conditions:
    (a) User transceiver units associated with the 1.6/2.4 GHz Mobile-
Satellite Service or 2 GHz Mobile-Satellite Service may not be operated 
on civil aircraft unless the earth station has a direct physical 
connection to the aircraft cabin or cockpit communication system.
    (b) No person without an FCC license for such operation may transmit 
to a space station in this service from anywhere in the United States 
except to receive service from the holder of a pertinent FCC blanket 
license or from

[[Page 287]]

another party with the permission of such a blanket licensee.
    (c) The holder of an FCC blanket license for operation of 
transceivers for communication via a 1.6/2.4 GHz, 1.5/1.6 GHz, or 2 GHz 
Mobile Satellite Service system shall be responsible for operation of 
any such transceiver to receive service provided by that licensee or 
provided by another party with the blanket licensee's consent. Operators 
of such satellite systems shall not transmit communications to or from 
user transceivers in the United States unless such communications are 
authorized under a service contract with the holder of a pertinent FCC 
blanket license for transceiver operation or under a service contract 
with another party with authority for such transmission delegated by 
such a blanket licensee.
    (d) Any mobile earth station (MES) associated with the Mobile 
Satellite Service operating in the 1530-1544 MHz and 1626.5-1645.5 MHz 
bands shall have the following minimum set of capabilities to ensure 
compliance with Footnote S5.353A and the priority and real-time 
preemption requirements imposed by Footnote US315.
    (1) All MES transmissions shall have a priority assigned to them 
that preserves the priority and preemptive access given to maritime 
distress and safety communications sharing the band.
    (2) Each MES with a requirement to handle maritime distress and 
safety data communications shall be capable of either:
    (i) Recognizing message and call priority identification when 
transmitted from its associated Land Earth Station (LES) or
    (ii) Accepting message and call priority identification embedded in 
the message or call when transmitted from its associated LES and passing 
the identification to shipboard data message processing equipment.
    (3) Each MES shall be assigned a unique terminal identification 
number that will be transmitted upon any attempt to gain access to a 
system.
    (4) After an MES has gained access to a system, the mobile terminal 
shall be under control of a LES and shall obtain all channel assignments 
from it.
    (5) All MESs that do not continuously monitor a separate signalling 
channel or signalling within the communications channel shall monitor 
the signalling channel at the end of each transmission.
    (6) Each MES shall automatically inhibit its transmissions if it is 
not correctly receiving separate signalling channel or signalling within 
the communications channel from its associated LES.
    (7) Each MES shall automatically inhibit its transmissions on any or 
all channels upon receiving a channel-shut-off command on a signalling 
or communications channel it is receiving from its associated LES.
    (8) Each MES with a requirement to handle maritime distress and 
safety communications shall have the capability within the station to 
automatically preempt lower precedence traffic.
    (e) Any Land Earth Station (LES) associated with the Mobile 
Satellite Service operating in the 1530-1544 MHz and 1626.5-1645.5 MHz 
bands shall have the following minimum set of capabilities to ensure 
that the MSS system complies with Footnote S5.353A and the priority and 
real-time preemption requirements imposed by Footnote US315. It should 
be noted that the LES operates in the Fixed-Satellite Service (``FSS'') 
as a feeder-link for the MSS (Radio Regulations 71) and that the 
following capabilities are to facilitate the priority and preemption 
requirements. The FSS feeder-link stations fulfilling these MSS 
requirements shall not have any additional priority with respect to FSS 
stations operating with other FSS systems.
    (1) All LES transmissions to mobile earth stations (MESs) shall have 
a priority assigned to them that preserves the priority and preemptive 
access given to maritime distress and safety communications.
    (2) The LES shall recognize the priority of calls to and from MES 
and make channel assignments taking into account the priority access 
that is given to maritime distress and safety communications.
    (3) The LES shall be capable of receiving the MES identification 
number when transmitted and verifying that it

[[Page 288]]

is an authorized user of the system to prohibit unauthorized access.
    (4) The LES shall be capable of transmitting channel assignment 
commands to the MESs.
    (5) The communications channels used between the LES and the MES 
shall have provision for signalling within the voice/data channel, for 
an MES, which does not continuously monitor the LES signalling channel 
during the time of a call.
    (6) The LES shall transmit periodic control signalling signals to 
MES, which do not continuously monitor the LES signalling channel.
    (7) The LES shall automatically inhibit all transmissions to MESs to 
which it is not transmitting a signalling channel or signalling within 
the communications channel.
    (8) The LES shall be capable of transmitting channel-shut-off 
commands to the MESs on signalling or communications channels.
    (9) Each LES shall be capable of interrupting, and if necessary, 
preempting ongoing routine traffic from an MES in order to complete a 
maritime distress, urgency or safety call to that particular MES.
    (10) Each LES shall be capable of automatically turning off one or 
more of its associated channels in order to complete a maritime 
distress, urgency or safety call.
    (f) Incorporation of ancillary terrestrial component base station 
into an L-band mobile-satellite service system. Any licensee authorized 
to construct and launch an L-band mobile-satellite system may construct 
ancillary terrestrial component (ATC) base stations as defined in Sec. 
25.201 at its own risk and subject to the conditions specified in this 
subpart any time after commencing construction of the mobile-satellite 
service system.
    (g) Pre-operational build-out and testing. An MSS licensee may, 
without further authority from the Commission and at its own risk engage 
in pre-operational build-out and, conduct equipment tests for the 
purpose of making such adjustments and measurements as may be necessary 
to assure compliance with the terms of the technical provisions of its 
MSS license, ATC operation requirements, the rules and regulations in 
this Part and the applicable engineering standards. Prior to engaging in 
such pre-operational build-out and testing, an MSS licensee must notify 
the Commission concerning the initiation of MSS system satellite 
construction and the MSS operator's intent to construct and test ATC 
facilities. This notification must take the form of a letter formally 
filed with the Commission in the appropriate MSS license docket. Such 
letter shall specify the frequencies on which the MSS licensee proposes 
to engage in pre-operational testing and shall specify the name, 
address, telephone number and other such information as may be necessary 
to contact a MSS licensee representative for the reporting and 
mitigation of any interference that may occur as a result of such pre-
operational testing and build-out. MSS licensees engaging in pre-
operational build-out and testing must also comply with Sec. Sec. 5.83, 
5.85(c), 5.111, and 5.117 of this chapter relating to experimental 
operations. An MSS licensee may not offer ATC service to the public for 
compensation during pre-operational testing. In order to operate any ATC 
base stations, such a licensee must meet all the requirements set forth 
in Sec. 25.147 and must have been granted ATC authority.
    (h) Aircraft. All portable or hand-held transceiver units (including 
transceiver units installed in other devices that are themselves 
portable or hand-held) having operating capabilities in the 1626.5-
1660.5 MHz and 1525-1559 MHz bands shall bear the following statement in 
a conspicuous location on the device: ``This device may not be operated 
while on board aircraft. It must be turned off at all times while on 
board aircraft.''

[65 FR 59142, Oct. 4, 2000, as amended at 67 FR 46604, July 16, 2002; 67 
FR 51110, Aug. 7, 2002; 68 FR 43645, July 24, 2003; 68 FR 47858, Aug. 
12, 2003; 69 FR 5710, Feb. 6, 2004]



Sec. 25.137  Application requirements for earth stations operating with 
non-U.S. licensed space stations.

    (a) Earth station applicants or entities filing a ``letter of 
intent'' or ``Petition for Declaratory Ruling'' requesting authority to 
operate with a non-U.S. licensed space station to serve the

[[Page 289]]

United States must attach an exhibit with their FCC Form 312 application 
with information demonstrating that U.S.-licensed satellite systems have 
effective competitive opportunities to provide analogous services in:
    (1) The country in which the non-U.S. licensed space station is 
licensed; and
    (2) All countries in which communications with the U.S. earth 
station will originate or terminate. The applicant bears the burden of 
showing that there are no practical or legal constraints that limit or 
prevent access of the U.S. satellite system in the relevant foreign 
markets. The exhibit required by this paragraph must also include a 
statement of why grant of the application is in the public interest. 
This paragraph shall not apply with respect to requests for authority to 
operate using a non-U.S. licensed satellite that is licensed by or 
seeking a license from a country that is a member of the World Trade 
Organization for services covered under the World Trade Organization 
Basic Telecommunications Agreement.
    (b) Earth station applicants, or entities filing a ``letter of 
intent,'' or ``Petition for Declaratory Ruling,'' requesting authority 
to operate with a non-U.S. licensed space station must attach to their 
FCC Form 312 an exhibit providing legal and technical information for 
the non-U.S. licensed space station in accordance with part 25. 
Applications addressed in this paragraph must be filed electronically 
through the International Bureau Filing System (IBFS).
    (c) A non-U.S. licensed NGSO-like satellite system seeking to serve 
the United States can be considered contemporaneously with other U.S. 
NGSO-like satellite system pursuant to Sec. 25.157 and considered 
before later-filed applications of other U.S. satellite system 
operators, and a non-U.S.-licensed GSO-like satellite system seeking to 
serve the United States can have its request placed in a queue pursuant 
to Sec. 25.158 and considered before later-filed applications of other 
U.S. satellite system operators, if the non-U.S. licensed satellite 
system is:
    (1) In orbit and operating;
    (2) Has a license from another administration; or
    (3) Has been submitted for coordination to the International 
Telecommunication Union.
    (d) Earth station applicants requesting authority to operate with a 
non-U.S.-licensed space station and non-U.S.-licensed satellite 
operators filing letters of intent or petitions for declaratory ruling 
to access the U.S. market must demonstrate that the non-U.S.-licensed 
space station has complied with all applicable Commission requirements 
for non-U.S. licensed systems to operate in the United States, including 
but not limited to the following:
    (1) Milestones;
    (2) Reporting requirements;
    (3) Any other applicable service rules;
    (4) For non-U.S.-licensed satellites that are not in orbit and 
operating, a bond must be posted. This bond must be in the amount of $5 
million for NGSO satellite systems, or $3 million for GSO satellites, 
denominated in U.S. dollars, and compliant with the terms of Sec. 
25.165 of this chapter. The party posting the bond will be permitted to 
reduce the amount of the bond upon a showing that a milestone has been 
met, in accordance with the terms of Sec. 25.165(d) of this chapter.
    (5) Non-U.S. licensed GSO-like space station operators with a total 
of five requests for access to the U.S. market in a particular frequency 
band, or a total of five previously granted requests for access to the 
U.S. market with unbuilt GSO-like space stations in a particular 
frequency band, or a combination of pending GSO-like requests and 
granted requests for unbuilt GSO-like space stations in a particular 
frequency band that equals five, will not be permitted to request access 
to the U.S. market with another GSO-like space station license in that 
frequency band. In addition, non-U.S.-licensed NGSO-like satellite 
system operators with one request on file with the Commission in a 
particular frequency band, or one granted request for an unbuilt NGSO-
like satellite system in a particular frequency band, will not be 
permitted to request access to the U.S. market with another NGSO-like 
satellite system in that frequency band.
    (e) A non-U.S.-licensed satellite operator that is seeking to serve 
the United States pursuant to a Letter of Intent

[[Page 290]]

may amend its request by submitting an additional Letter of Intent. Such 
additional Letters of Intent will be treated as amendments filed by U.S. 
space station applicants for purposes of determining the order in which 
the Letters of Intent will be considered relative to other pending 
applications.
    (f) A non-U.S.-licensed satellite operator that has been permitted 
to serve the United States pursuant to a Letter of Intent or Petition 
for Declaratory Ruling, may modify its U.S. operations under the 
procedures set forth in Sec. 25.117(d). In addition, a non-U.S.-
licensed satellite operator that has been permitted to serve the United 
States pursuant to a Petition for Declaratory Ruling, may modify its 
U.S. operations under the procedures set forth in Sec. 25.118(e).
    (g) A non-U.S.-licensed satellite operator that has been permitted 
to serve the United States pursuant to a Petition for Declaratory Ruling 
must notify the Commission if it plans to transfer control or assign its 
license to another party, so that the Commission can afford interested 
parties an opportunity to comment on whether the proposed transaction 
affects any of the considerations we made when we allowed the satellite 
operator to enter the U.S. market. If the transferee or assignee is not 
licensed by or seeking a license from a country that is a member of the 
World Trade Organization for services covered under the World Trade 
Organization Basic Telecommunications Agreement, the non-U.S.-licensed 
satellite operator will be required to make the showing described in 
paragraph (a) of this section.

[62 FR 64172, Dec. 4, 1997, as amended at 64 FR 61792, Nov. 15, 1999; 65 
FR 16327, Mar. 28, 2000; 65 FR 59143, Oct. 4, 2000; 68 FR 51503, Aug. 
27, 2003; 68 FR 62249, Nov. 3, 2003; 69 FR 51587, Aug. 20, 2004]



Sec. 25.138  Blanket Licensing provisions of GSO FSS Earth Stations in 

the 18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 
28.35-28.6 GHz (Earth-to-space), and 29.25-30.0 GHz (Earth-to-space) bands.

    (a) All applications for a blanket earth station license in the GSO 
FSS in the 18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30.0 
GHz bands that meet the following requirements shall be routinely 
processed:
    (1) GSO FSS earth station antenna off-axis EIRP spectral density for 
co-polarized signals shall not exceed the following values, within 
3[deg] of the GSO arc, under clear sky conditions:

 
 
 
18.5-25log([thetas])-10log(N  dBW/40kHz...........  for 2.0[deg] <=
 ).                                                  [thetas] <= 7[deg]
-2.63-10log(N)..............  dBW/40kHz...........  for 7[deg] <=
                                                     [thetas] <=
                                                     9.23[deg]
21.5-25log([thetas])-10log(N  dBW/40kHz...........  for 9.23[deg] <=
 ).                                                  [thetas] <= 48[deg]
-10.5-10log(N)..............  dBW/40kHz...........  for 48[deg] <
                                                     [thetas] <=
                                                     180[deg]
 

Where:

[thetas] is the angle in degrees from the axis of the main lobe; for 
systems where more than one earth station is expected to transmit 
simultaneously in the same bandwidth, e.g., CDMA systems,
N is the likely maximum number of simultaneously transmitting co-
frequency earth stations in the receive beam of the satellite; N=1 for 
TDMA and FDMA systems.

    (2) GSO FSS earth station antenna off-axis EIRP spectral density for 
co-polarized signals shall not exceed the following values, for all 
directions other than within 3[deg] of the GSO 
arc, under clear sky conditions:

 
 
 
21.5-25log([thetas])-10log(N  dBW/40kHz...........  for 3.5[deg] <=
 ).                                                  [thetas] <= 7[deg]
0.37-10log(N)...............  dBW/40kHz...........  for 7[deg] <
                                                     [thetas] <=
                                                     9.23[deg]
24.5-25log([thetas])-10log(N  dBW/40kHz...........  for 9.23[deg] <
 ).                                                  [thetas] <= 48[deg]
-7.5-10log(N)...............  dBW/40kHz...........  for 48[deg] <
                                                     [thetas] <=
                                                     180[deg]
 


[[Page 291]]

Where:

[thetas]: is the angle in degrees from the axis of the main lobe; for 
systems where more than one earth station is expected to transmit 
simultaneously in the same bandwidth, e.g., CDMA systems.
N: is the likely maximum number of simultaneously transmitting co-
frequency earth stations in the receive beam of the satellite; N=1 for 
TDMA and FDMA systems.

    (3) The values given in paragraphs (a) (1) and (2) of this section 
may be exceeded by 3 dB, for values of [thetas] 10[deg], 
provided that the total angular range over which this occurs does not 
exceed 20[deg] when measured along both sides of the GSO arc.
    (4) GSO FSS earth station antenna off-axis EIRP spectral density for 
cross-polarized signals shall not exceed the following values, in all 
directions relative to the GSO arc, under clear sky conditions:

 
 
 
8.5-25log([thetas])-10log(N)  dBW/40kHz...........  for 2.0[deg] <=
                                                     [thetas] <= 7[deg]
12.63-10log(N)..............  dBW/40kHz...........  for 7[deg] <
                                                     [thetas] <=
                                                     9.23[deg]
 

Where:

[thetas]: is the angle in degrees from the axis of the main lobe; for 
systems where more than one earth station is expected to transmit 
simultaneously in the same bandwidth, e.g., CDMA systems.
N: is the likely maximum number of simultaneously transmitting co-
frequency earth stations in the receive beam of the satellite; N=1 for 
TDMA and FDMA systems.

    (5) For earth stations employing uplink power control, the values in 
paragraphs (a) (1), (2), and (4) of this section may be exceeded by up 
to 20 dB under conditions of uplink fading due to precipitation. The 
amount of such increase in excess of the actual amount of monitored 
excess attenuation over clear sky propagation conditions shall not 
exceed 1.5 dB or 15 % of the actual amount of monitored excess 
attenuation in dB, whichever is larger, with a confidence level of 90 
percent except over transient periods accounting for no more than 0.5% 
of the time during which the excess is no more than 4.0 dB.
    (6) Power flux-density (PFD) at the Earth's surface produced by 
emissions from a space station for all conditions, including clear sky, 
and for all methods of modulation shall not exceed a level of -118 dBW/
m\2\/MHz, in addition to the limits specified in Sec. 25.208 (d).
    (b) Each applicant for earth station license(s) that proposes levels 
in excess of those defined in paragraph (a) of this section shall submit 
link budget analyses of the operations proposed along with a detailed 
written explanation of how each uplink and each transmitted satellite 
carrier density figure is derived. Applicants shall also submit a 
narrative summary which must indicate whether there are margin 
shortfalls in any of the current baseline services as a result of the 
addition of the applicant's higher power service, and if so, how the 
applicant intends to resolve those margin short falls. Applicants shall 
certify that all potentially affected parties (i.e., those GSO FSS 
satellite networks that are 2, 4, and 6 degrees apart) acknowledge and 
do not object to the use of the applicant's higher power densities.
    (c) Licensees authorized pursuant to paragraph (b) of this section 
shall bear the burden of coordinating with any future applicants or 
licensees whose proposed compliant operations at 6 degrees or smaller 
orbital spacing, as defined by paragraph (a) of this section, is 
potentially or actually adversely affected by the operation of the non-
compliant licensee. If no good faith agreement can be reached, however, 
the non-compliant licensee shall reduce its earth station and space 
station power density levels to be compliant with those specified in 
paragraph (a) of this section.
    (d) The applicant shall provide for each earth station antenna type, 
a series of radiation patterns measured on a production antenna 
performed on a calibrated antenna range and, as a minimum, shall be made 
at the bottom, middle, and top frequencies of the 30 GHz band. The 
radiation patterns are:

[[Page 292]]

    (1) Co-polarized patterns for each of two orthogonal senses of 
polarizations in two orthogonal planes of the antenna.
    (i) In the azimuth plane, plus and minus 10 degrees and plus and 
minus 180 degrees.
    (ii) In the elevation plane, zero to 30 degrees.
    (2) Cross-polarization patterns in the E- and H-planes, plus and 
minus 10 degrees.
    (3) Main beam gain.
    (e) Protection of receive earth stations from adjacent satellite 
interference is based on either the antenna performance specified in 
Sec. 25.209 (a) and (b), or the actual receiving earth station antenna 
performance, if actual performance provides greater isolation from 
adjacent satellite interference. For purposes of insuring the correct 
level of protection, the applicant shall provide, for each earth station 
antenna type, the antenna performance plots for the 20 GHz band, 
including the format specified in paragraph (d) of this section.
    (f) The earth station licensee shall not transmit towards a GSO FSS 
satellite unless it has prior authorization from the satellite operator 
or a space segment vendor authorized by the satellite operator. The 
specific transmission shall be conducted in accordance with the 
operating protocol specified by the satellite operator. The holder of an 
FCC blanket license pursuant to this section shall be responsible for 
operation of any transceiver to receive GSO FSS service provided by that 
licensee or provided by another party with the blanket licensee's 
consent. Operators of GSO FSS systems shall not transmit communications 
to or from user transceivers in the United States unless such 
communications are authorized under a service contract with the holder 
of a pertinent FCC blanket license or under a service contract with 
another party with authority for such transceiver operation delegated by 
such a blanket licensee.
    (g) A licensee applying to renew its license must include on FCC 
Form 405 the number of constructed earth stations.

[65 FR 54169, Sept. 7, 2000, as amended at 66 FR 63515, Dec. 7, 2001; 68 
FR 16966, Apr. 8, 2003; 69 FR 5710, Feb. 6, 2004]



Sec. 25.139  NGSO FSS coordination and information sharing between MVDDS 
licensees in the 12.2 GHz to 12.7 GHz band.

    (a) NGSO FSS licensees shall maintain a subscriber database in a 
format that can be readily shared with MVDDS licensees for the purpose 
of determining compliance with the MVDDS transmitting antenna spacing 
requirement relating to qualifying existing NGSO FSS subscriber 
receivers set forth in Sec. 101.129 of this chapter. This information 
shall not be used for purposes other than set forth in Sec. 101.129 of 
this chapter. Only sufficient information to determine compliance with 
Sec. 101.129 of this chapter is required.
    (b) Within ten business days of receiving notification of the 
location of a proposed MVDDS transmitting antenna, the NGSO FSS licensee 
shall provide sufficient information from the database to enable the 
MVDDS licensee to determine whether the proposed MVDDS transmitting site 
meets the minimum spacing requirement.
    (c) If the location of the proposed MVDDS transmitting antenna site 
does not meet the separation requirements of Sec. 101.129 of this 
chapter, then the NGSO FSS licensee shall also indicate to the MVDDS 
licensee within the same ten day period specified in paragraph (b) of 
this section whether the proposed MVDDS transmitting site is acceptable 
at the proposed location.
    (d) Nothing in this section shall preclude NGSO FSS and MVDDS 
licensees from entering into an agreement to accept MVDDS transmitting 
antenna locations that are shorter-spaced from existing NGSO FSS 
subscriber receivers than the distance set forth in Sec. 101.129 of 
this chapter.

[67 FR 43037, June 26, 2002, as amended at 68 FR 43945, July 25, 2003]

[[Page 293]]

                             Space Stations



Sec. 25.140  Qualifications of fixed-satellite space station licensees.

    (a) New fixed-satellites shall comply with the requirements 
established in Report and Order, CC Docket No. 81-704 (available at 
address in Sec. 0.445 of this chapter.) Applications must also meet the 
requirements in paragraphs (b) through (d) of this section. The 
Commission may require additional or different information in the case 
of any individual application. Applications will be unacceptable for 
filing and will be returned to the applicant if they do not meet the 
requirements referred to in this paragraph.
    (b) Each applicant for a space station authorization in the fixed-
satellite service must demonstrate, on the basis of the documentation 
contained in its application, that it is legally, technically, and 
otherwise qualified to proceed expeditiously with the construction, 
launch and/or operation of each proposed space station facility 
immediately upon grant of the requested authorization. Each applicant 
must provide the following information:
    (1) The information specified in Sec. 25.114; and
    (2) An interference analysis to demonstrate the compatibility of its 
proposed system 2 degrees from any authorized space station. An 
applicant should provide details of its proposed r.f. carriers which it 
believes should be taken into account in this analysis. At a minimum, 
the applicant must include, for each type of r.f. carrier, the link 
noise budget, modulation parameters, and overall link performance 
analysis. (See, e.g., appendices B and C to Licensing of Space Stations 
in the Domestic Fixed-Satellite Service (available at address in Sec. 
0.445)).
    (c)-(g) [Reserved]

[62 FR 5929, Feb. 10, 1997, as amended at 68 FR 51504, Aug. 27, 2003]



Sec. 25.142  Licensing provisions for the non-voice, non-geostationary 
mobile-satellite service.

    (a) Space station application requirements. (1) Each application for 
a space station system authorization in the non-voice, non-geostationary 
mobile-satellite service shall describe in detail the proposed non-
voice, non-geostationary mobile-satellite system, setting forth all 
pertinent technical and operational aspects of the system, and the 
technical and legal qualifications of the applicant. In particular, each 
application shall include the information specified in Sec. 25.114. 
Applicants must also file information demonstrating compliance with all 
requirements of this section, and showing, based on existing system 
information publicly available at the Commission at the time of filing, 
that they will not cause unacceptable interference to any non-voice, 
non-geostationary mobile-satellite service system authorized to 
construct or operate.
    (2) Applicants for a non-voice, non-geostationary mobile-satellite 
must identify the power flux density produced at the Earth's surface by 
each space station of their system in the frequency bands 137-138 MHz 
and 400.15-401 MHz, to allow determination of whether coordination with 
terrestrial services is required under international footnotes 599A and 
647B of Sec. 2.106 of the Commission's Rules. In addition, applicants 
must identify the measures they would employ to protect the radio 
astronomy service in the 150.05-153 MHz and 406.1-410 MHz bands from 
harmful interference from unwanted emissions.
    (3) Emission limitations. (i) Applicants in the non-voice, non-
geostationary mobile-satellite service shall show that their space 
stations will not exceed the emission limitations of Sec. 25.202(f) 
(1), (2) and (3), as calculated for a fixed point on the Earth's surface 
in the plane of the space station's orbit, considering the worst-case 
frequency tolerance of all frequency determining components, and maximum 
positive and negative Doppler shift of both the uplink and downlink 
signals, taking into account the system design.
    (ii) Applicants in the non-voice, non-geostationary mobile-satellite 
service shall show that no signal received by their satellites from 
sources outside of their system shall be retransmitted with a power flux 
density level, in the worst 4 kHz, higher than the level described by 
the applicants in paragraph (a)(2) of this section.
    (4) [Reserved]

[[Page 294]]

    (5) Replacement of space stations within the system license term. 
The licensee need not file separate applications to construct, launch 
and operate technically identical replacement satellites within the term 
of the system authorization. However, the licensee shall certify to the 
Commission, at least thirty days prior to launch of such replacement(s) 
that:
    (i) The licensee intends to launch a space station that is 
technically identical to those authorized in its system license, and
    (ii) Launch of this space station will not cause the licensee to 
exceed the total number of operating space stations authorized by the 
Commission.
    (b) Operating conditions. In order to ensure compatible operations 
with authorized users in the frequency bands to be utilized for 
operations in the non-voice, non-geostationary mobile-satellite service, 
non-voice, non-geostationary mobile-satellite service systems must 
operate in accordance with the conditions specified in this section.
    (1) Service limitation. Voice services may not be provided.
    (2) Coordination requirements with Federal government users.
    (i) The frequency bands allocated for use by the non-voice, non-
geostationary mobile-satellite service are also authorized for use by 
agencies of the Federal government. The Federal use of frequencies in 
the non-voice, non-geostationary mobile-satellite service frequency 
bands is under the regulatory jurisdiction of the National 
Telecommunications and Information Administration (NTIA).
    (ii) The Commission will use its existing procedures for liaison 
with NTIA to reach agreement with respect to achieving compatible 
operations between Federal government users under the jurisdiction of 
NTIA and non-voice, non-geostationary mobile-satellite service systems 
(including user transceivers subject to blanket licensing under Sec. 
25.115(d)) through the frequency assignment and coordination practices 
established by NTIA and the Interdepartment Radio Advisory Committee 
(IRAC). In order to facilitate such frequency assignment and 
coordination, applicants shall provide the Commission with sufficient 
information to evaluate electromagnetic compatibility with the Federal 
government use of the spectrum, and any additional information requested 
by the Commission. As part of the coordination process, applicants shall 
show that they will not cause unacceptable interference to authorized 
Federal government users, based upon existing system information 
provided by the Government. The frequency assignment and coordination of 
the satellite system with Federal government users shall be completed 
prior to grant of construction authorization.
    (iii) The Commission shall also coordinate with NTIA/IRAC with 
regard to the frequencies to be shared by those earth stations of non-
voice, non-geostationary mobile-satellite service systems that are not 
subject to blanket licensing under Sec. 25.115(d), and authorized 
Federal government stations in the fixed and mobile services, through 
the exchange of appropriate systems information.
    (3) Coordination among non-voice, non-geostationary mobile-satellite 
service systems. Applicants for authority to establish non-voice, non-
geostationary mobile-satellite service systems are encouraged to 
coordinate their proposed frequency usage with existing permittees and 
licensees in the non-voice, non-geostationary mobile-satellite service 
whose facilities could be affected by the new proposal in terms of 
frequency interference or restricted system capacity. All affected 
applicants, permittees, and licensees shall, at the direction of the 
Commission, cooperate fully and make every reasonable effort to resolve 
technical problems and conflicts that may inhibit effective and 
efficient use of the radio spectrum; however, the permittee or licensee 
being coordinated with is not obligated to suggest changes or re-
engineer an applicant's proposal in cases involving conflicts.
    (4) Safety and distress communications. Stations operating in the 
non-voice, non-geostationary mobile-satellite service that are used to 
comply with any statutory or regulatory equipment carriage requirements 
may

[[Page 295]]

also be subject to the provisions of sections 321(b) and 359 of the 
Communications Act of 1934, as amended. Licensees are advised that these 
provisions give priority to radio communications or signals relating to 
ships in distress and prohibit a charge for the transmission of maritime 
distress calls and related traffic.
    (c) Reporting requirements. All operators of non-voice, non-
geostationary mobile-satellite service systems shall, on June 30 of each 
year, file a report with the International Bureau and the Commission's 
Columbia Operations Center in Columbia, Maryland, containing the 
following information current as of May 31st of that year:
    (1) A listing of any non-scheduled space station outages for more 
than thirty minutes and the cause(s) of such outages;
    (2) A detailed description of the utilization made of the in-orbit 
satellite system. That description should identify the percentage of 
time that the system is actually used for domestic transmission, the 
amount of capacity (if any) sold but not in service, and the amount of 
unused system capacity; and
    (3) Identification of any space stations not available for service 
or otherwise not performing to specifications, the cause(s) of these 
difficulties, and the date any space station was taken out of service or 
the malfunction identified.
    (d) Prohibition of certain agreements. No license shall be granted 
to any applicant for a non-voice, non-geostationary mobile-satellite 
service system if that applicant, or any companies controlling or 
controlled by the applicant, shall acquire or enjoy any right, for the 
purpose of handling traffic to or from the United States, its 
territories or possessions, to construct or operate space segment or 
earth stations in the non-voice, non-geosynchronous mobile-satellite 
service, or to interchange traffic, which is denied to any other United 
States company by reason of any concession, contract, understanding, or 
working arrangement to which the licensee or any persons or companies 
controlling or controlled by the licensee are parties.
    (e) Spectrum priority. (1) The non-voice, non-geosynchronous mobile-
satellite service system that is authorized in the second application 
processing round to operate in the 148-148.25 MHz, 148.75-148.855 MHz, 
148.905-149.81 MHz and 150-150.05 MHz uplink frequency bands and the 
400.505-400.5517 MHz, 400.5983-400.645 MHz, 137.025-137.175 MHz, 
137.333-137.4125 MHz, 137.475-137.525 MHz, 137.595-137.645 MHz, 137.753-
137.787 MHz and 137.825-138 MHz downlink frequency bands (the ``System 2 
licensee'') will have a first priority to apply for and use a limited 
amount of downlink spectrum duly allocated worldwide and domestically to 
the non-voice, non-geosynchronous mobile-satellite service by the ITU, 
at WRC-97 or a subsequent World Radiocommunication Conference, and by 
the Commission, respectively (the ``Future Spectrum''). The System 2 
licensee will be eligible to apply for and use the first 210 kHz of 
Future Spectrum plus spectrum sufficient to account for Doppler 
frequency shift in the Future Spectrum (the ``Supplemental Spectrum'') 
to implement its non-voice, non-geosynchronous mobile-satellite service 
system. The System 2 licensee's application for and use of the 
Supplemental Spectrum is subject to the Commission's Rules and policies, 
such reasonable operating conditions as may be imposed by the 
Commission, and international spectrum coordination requirements. For so 
long as the System 2 licensee is permitted by the Government of France 
to operate in the 400.5517-400.5983 MHz band coordinated with the French 
system S80-1, the Supplemental Spectrum shall be reduced to an amount 
equivalent to 150 kHz of Future Spectrum plus spectrum sufficient to 
account for Doppler frequency shift in the Future Spectrum.
    (2) The System 2 licensee's priority to apply for and use the 
Supplemental Spectrum is conditioned on the System 2 licensee's 
compliance with the terms and conditions of its second processing round 
authorization, including, but not limited to, its system construction, 
launch and operation milestones, and any modifications thereto, and the 
Commission's Rules. The System 2 licensee's priority to apply for and 
use the Supplemental Spectrum shall automatically terminate upon the 
occurrence of any of the following events:

[[Page 296]]

    (i) The System 2 licensee being permitted to operate in the 
Supplemental Spectrum;
    (ii) The expiration or revocation of the System 2 licensee's second 
processing round authorization;
    (iii) The discontinuance of use of the spectrum assigned to the 
System 2 licensee under its second processing round authorization; or
    (iv) The surrender of the System 2 licensee's second processing 
round authorization to the Commission.

[58 FR 68060, Dec. 23, 1993, as amended at 62 FR 5930, Feb. 10, 1997; 62 
FR 59295, Nov. 3, 1997; 68 FR 51504, Aug. 27, 2003]



Sec. 25.143  Licensing provisions for the 1.6/2.4 GHz mobile-satellite 
service and 2 GHz mobile-satellite service.

    (a) System license. Applicants authorized to construct and launch a 
system of technically identical satellites will be awarded a single 
``blanket'' license. In the case of non-geostationary satellites, the 
blanket license will cover a specified number of space stations to 
operate in a specified number of orbital planes. In the case of 
geostationary satellites, as part of a geostationary-only satellite 
system or a geostationary/non-geostationary hybrid satellite system, an 
individual license will be issued for each satellite to be located at a 
geostationary orbital location.
    (b) Qualification Requirements--(1) General requirements. Each 
application for a space station system authorization in the 1.6/2.4 GHz 
Mobile-Satellite Service or 2 GHz Mobile-Satellite Service shall 
describe in detail the proposed satellite system, setting forth all 
pertinent technical and operational aspects of the system, and the 
technical, legal, and financial qualifications of the applicant. In 
particular, each application shall include the information specified in 
Sec. 25.114. Non-U.S. licensed systems shall comply with the provisions 
of Sec. 25.137. System proponents seeking authorization in the 2 GHz 
Mobile-Satellite Service also shall describe the design and operational 
strategies that they will use, if any, to mitigate orbital debris. 
Applicants must submit a casualty risk assessment if planned post-
mission disposal involves atmospheric re-entry of the spacecraft.
    (2) Technical qualifications. In addition to providing the 
information specified in paragraph (b)(1) of this section, each 
applicant and letter of intent filer shall demonstrate the following:
    (i) That a proposed system in the 1.6/2.4 GHz MSS frequency bands 
employs a non-geostationary constellation or constellations of 
satellites;
    (ii) That a system proposed to operate using non-geostationary 
satellites be capable of providing mobile satellite services to all 
locations as far north as 70 deg. North latitude and as far south as 55 
deg. South latitude for at least 75% of every 24-hour period, i.e., that 
at least one satellite will be visible above the horizon at an elevation 
angle of at least 5 deg. for at least 18 hours each day within the 
described geographic area;
    (iii) That a system proposed to operate using non-geostationary 
satellites be capable of providing mobile satellite services on a 
continuous basis throughout the fifty states, Puerto Rico and the U.S. 
Virgin Islands, i.e., that at least one satellite will be visible above 
the horizon at an elevation angle of at least 5 deg. at all times within 
the described geographic areas; and
    (iv) That a system only using geostationary orbit satellites, at a 
minimum, be capable of providing mobile satellite services on a 
continuous basis throughout the 50 states, Puerto Rico, and the U.S. 
Virgin Islands, if technically feasible.
    (v) That operations will not cause unacceptable interference to 
other authorized users of the spectrum. In particular, each application 
in the 1.6/2.4 GHz frequency bands shall demonstrate that the space 
station(s) comply with the requirements specified in Sec. 25.213.
    (3) [Reserved]
    (c) Replacement of Space Stations Within the System License Term. 
Licensees of 1.6/2.4 GHz mobile-satellite systems authorized through a 
blanket license pursuant to paragraph (a) of this section need not file 
separate applications to construct, launch and operate technically 
identical replacement satellites within the term of the system 
authorization. However, the licensee shall certify to the Commission, at 
least thirty days prior to launch of such replacement(s) that:

[[Page 297]]

    (1) The licensee intends to launch a space station that is 
technically identical to those authorized in its system authorization, 
and
    (2) Launch of this space station will not cause the licensee to 
exceed the total number of operating space stations authorized by the 
Commission.
    (d) In-Orbit Spares. Licensees need not file separate applications 
to operate technically identical in-orbit spares authorized as part of 
the blanket license pursuant to paragraph (a) of this section. However, 
the licensee shall certify to the Commission, within 10 days of bringing 
the in-orbit spare into operation, that operation of this space station 
did not cause the licensee to exceed the total number of operating space 
stations authorized by the Commission.
    (e) Reporting requirements. (1) All operators of 1.6/2.4 GHz Mobile-
Satellite Service systems and 2 GHz Mobile-Satellite Service systems 
shall, on October 15 of each year, file with the International Bureau 
and the Commission's Columbia Operations Center, Columbia, Maryland, a 
report containing the following information current as of September 30 
of that year:
    (i) Status of satellite construction and anticipated launch dates, 
including any major problems or delays encountered;
    (ii) A listing of any non-scheduled space station outages for more 
than 30 minutes and the cause or causes of the outage;
    (iii) A detailed description of the utilization made of the in-orbit 
satellite system. That description should identify the percentage of 
time that the system is actually used for U.S. domestic or transborder 
transmission, the amount of capacity (if any) sold but not in service 
within U.S. territorial geographic areas, and the amount of unused 
system capacity. 2 GHz Mobile Satellite systems receiving expansion 
spectrum as part of the unserved areas spectrum incentive must provide a 
report on the actual number of subscriber minutes originating or 
terminating in unserved areas as a percentage of the actual U.S. system 
use; and
    (iv) Identification of any space stations not available for service 
or otherwise not performing to specifications, the cause or causes of 
these difficulties, and the date any space station was taken out of 
service or the malfunction identified.
    (2) All operators of 1.6/2.4 GHz mobile-satellite systems shall, 
within 10 days after a required implementation milestone as specified in 
the system authorization, certify to the Commission by affidavit that 
the milestone has been met or notify the Commission by letter that it 
has not been met. At its discretion, the Commission may require the 
submission of additional information (supported by affidavit of a person 
or persons with knowledge thereof) to demonstrate that the milestone has 
been met.
    (3) All operators of 2 GHz Mobile-Satellite Service systems must 
begin system construction upon award of a service link license to U.S.-
based applicants, or upon designation of spectrum for non-U.S.-based 
systems, in accordance with milestones set forth in the respective 
system's authorization. All operators of 2 GHz Mobile-Satellite Service 
systems shall, within 10 days after a required implementation milestone 
as specified in the system authorization, certify to the Commission by 
affidavit that the milestone has been met or notify the Commission by 
letter that it has not been met. At its discretion, the Commission may 
require the submission of additional information (supported by affidavit 
of a person or persons with knowledge thereof) to demonstrate that the 
milestone has been met. Failure to file timely certification of 
milestones, or filing disclosure of non-compliance, will result in 
automatic cancellation of the authorization with no further action 
required on the Commission's part.
    (f) Safety and distress communications. (1) Stations operating in 
the 1.6/2.4 GHz Mobile-Satellite Service and 2 GHz Mobile-Satellite 
Service that are voluntarily installed on a U.S. ship or are used to 
comply with any statute or regulatory equipment carriage requirements 
may also be subject to the requirements of sections 321(b) and 359 of 
the Communications Act of 1934. Licensees are advised that these 
provisions give priority to radio communications or signals relating to 
ships in

[[Page 298]]

distress and prohibits a charge for the transmission of maritime 
distress calls and related traffic.
    (2) Licensees offering distress and safety services should 
coordinate with the appropriate search and rescue organizations 
responsible for the licensees service area.
    (g) [Reserved]
    (h) Prohibition of certain agreements. No license shall be granted 
to any applicant for a space station in the mobile satellite service 
operating at 1610-1626.5/2483.5-2500 MHz if that applicant, or any 
persons or companies controlling or controlled by the applicant, shall 
acquire or enjoy any right, for the purpose of handling traffic to or 
from the United States, its territories or possession, to construct or 
operate space segment or earth stations, or to interchange traffic, 
which is denied to any other United States company by reason of any 
concession, contract, understanding, or working arrangement to which the 
Licensee or any persons or companies controlling or controlled by the 
Licensee are parties.
    (i) Incorporation of ancillary terrestrial component base stations 
into a 1.6/2.4 GHz mobile-satellite service network or a 2 GHz mobile-
satellite service network. Any licensee authorized to construct and 
launch a 1.6/2.4 GHz or a 2 GHz mobile-satellite system may construct 
ancillary terrestrial component (ATC) base stations as defined in Sec. 
25.201 at its own risk and subject to the conditions specified in this 
subpart any time after commencing construction of the mobile-satellite 
service system.
    (j) Pre-operational build-out and testing. An MSS licensee may, 
without further authority from the Commission and at its own risk, 
engage in pre-operational build-out and conduct equipment tests for the 
purpose of making such adjustments and measurements as may be necessary 
to assure compliance with the terms of the technical provisions of its 
MSS license, ATC operation requirements, the rules and regulations in 
this Part and the applicable engineering standards. Prior to engaging in 
such pre-operational build-out and testing, an MSS licensee must notify 
the Commission concerning the initiation of MSS system satellite 
construction and the MSS operator's intent to construct and test ATC 
facilities. This notification must take the form of a letter formally 
filed with the Commission in the appropriate MSS license docket. Such 
letter shall specify the frequencies on which the MSS licensee proposes 
to engage in pre-operational testing and shall specify the name, 
address, telephone number and other such information as may be necessary 
to contact a MSS licensee representative for the reporting and 
mitigation of any interference that may occur as a result of such pre-
operational testing and build-out. MSS licensees engaging in pre-
operational build-out and testing must also comply with Sec. Sec. 5.83, 
5.85(c), 5.111, and 5.117 of this chapter relating to experimental 
operations. An MSS licensee may not offer ATC service to the public for 
compensation during pre-operational testing. In order to operate any ATC 
base stations, such a licensee must meet all the requirements set forth 
in Sec. 25.149 and must have been granted ATC authority.
    (k) Aircraft. ATC mobile terminals must be operated in accordance 
with 25.136(a). All portable or hand-held transceiver units (including 
transceiver units installed in other devices that are themselves 
portable or hand-held) having operating capabilities in the 2000-2020/
2180-2200 MHz or 1610-1626.5 MHz/2483.5-2500 MHz bands shall bear the 
following statement in a conspicuous location on the device: ``This 
device may not be operated while on board aircraft. It must be turned 
off at all times while on board aircraft.''

[59 FR 53328, Oct. 21, 1994, as amended at 61 FR 9945, Mar. 12, 1996; 62 
FR 5930, Feb. 10, 1997; 65 FR 59143, Oct. 4, 2000; 68 FR 33649, June 5, 
2003; 68 FR 47858, Aug. 12, 2003; 68 FR 51504, Aug. 27, 2003]



Sec. 25.144  Licensing provisions for the 2.3 GHz satellite digital audio 
radio service.

    (a) Qualification Requirements:
    (1) Satellite CD Radio, Primosphere Limited Partnership, Digital 
Satellite Broadcasting Corporation, and American Mobile Radio 
Corporation are the applicants eligible for licensing in the satellite 
digital audio radio service.
    (2) General Requirements: Each application for a system 
authorization in

[[Page 299]]

the satellite digital audio radio service in the 2310-2360 MHz band 
shall describe in detail the proposed satellite digital audio radio 
system, setting forth all pertinent technical and operational aspects of 
the system, and the technical, legal, and financial qualifications of 
the applicant. In particular, applicants must file information 
demonstrating compliance with Sec. 25.114 and all of the requirements 
of this section.
    (3) Technical Qualifications: In addition to the information 
specified in paragraph (a)(1) of this section, each applicant shall:
    (i) Demonstrate that its system will, at a minimum, service the 48 
contiguous states of the United States (full CONUS);
    (ii) Certify that its satellite DARS system includes a receiver that 
will permit end users to access all licensed satellite DARS systems that 
are operational or under construction; and
    (iii) Identify the compression rate it will use to transmit audio 
programming. If applicable, the applicant shall identify the compression 
rate it will use to transmit services that are ancillary to satellite 
DARS.
    (b) Milestone requirements. Each applicant for system authorization 
in the satellite digital audio radio service must demonstrate within 10 
days after a required implementation milestone as specified in the 
system authorization, and on the basis of the documentation contained in 
its application, certify to the Commission by affidavit that the 
milestone has been met or notify the Commission by letter that it has 
not been met. At its discretion, the Commission may require the 
submission of additional information (supported by affidavit of a person 
or persons with knowledge thereof) to demonstrate that the milestone has 
been met. The satellite DARS milestones are as follows, based on the 
date of authorization:
    (1) One year: Complete contracting for construction of first space 
station or begin space station construction;
    (2) Two years: If applied for, complete contracting for construction 
of second space station or begin second space station construction;
    (3) Four years: In orbit operation of at least one space station; 
and
    (4) Six years: Full operation of the satellite system.
    (c) Reporting requirements. All licensees of satellite digital audio 
radio service systems shall, on June 30 of each year, file a report with 
the International Bureau and the Commission's Laurel, Maryland field 
office containing the following information:
    (1) Status of space station construction and anticipated launch 
date, including any major problems or delay encountered;
    (2) A listing of any non-scheduled space station outages for more 
than thirty minutes and the cause(s) of such outages; and
    (3) Identification of any space station(s) not available for service 
or otherwise not performing to specifications, the cause(s) of these 
difficulties, and the date any space station was taken out of service or 
the malfunction identified.
    (d) The license term for each digital audio radio service satellite 
shall commence when the satellite is launched and put into operation and 
the term will run for eight years.

[62 FR 11105, Mar. 11, 1997, as amended at 68 FR 51504, Aug. 27, 2003]



Sec. 25.145  Licensing conditions for the Fixed-Satellite Service in the 
20/30 GHz bands.

    (a) Except as provided in Sec. 25.210(b), in general all rules 
contained in this part apply to Fixed-Satellite Service in the 20/30 GHz 
bands.
    (b) System License. Applicants authorized to construct and launch a 
system of technically identical non-geostationary satellite orbit 
satellites will be awarded a single ``blanket'' license covering a 
specified number of space stations to operate in a specified number of 
orbital planes.
    (c) In addition to providing the information specified in Sec. 
25.114, each non-geostationary satellite orbit applicant shall 
demonstrate the following:
    (1) That the proposed system be capable of providing fixed-satellite 
services to all locations as far north as 70 deg. latitude and as far 
south as 55 deg. latitude for at least 75% of every 24-hour period; and

[[Page 300]]

    (2) That the proposed system is capable of providing fixed-satellite 
services on a continuous basis throughout the fifty states, Puerto Rico 
and the U.S. Virgin Islands, U.S.
    (3) A description of the design and operational strategies that it 
will use, if any, to mitigate orbital debris. Each applicant must submit 
a casualty risk assessment if planned post-mission disposal involves 
atmospheric re-entry of the spacecraft.
    (d) [Reserved]
    (e) Prohibition of certain agreements. No license shall be granted 
to any applicant for a space station in the fixed-satellite service 
operating in the 20/30 GHz band if that applicant, or any persons or 
companies controlling or controlled by the applicant, shall acquire or 
enjoy any right, for the purpose of handling traffic to or from the 
United States, its territories or possession, to construct or operate 
space segment or earth stations, or to interchange traffic, which is 
denied to any other United States company by reason of any concession, 
contract, understanding, or working arrangement to which the Licensee or 
any persons or companies controlling or controlled by the Licensee are 
parties.
    (f)(1) Reporting Requirements. All licensees in the 20/30 GHz band 
shall, on June 30 of each year, file a report with the International 
Bureau and the Commission's Columbia Operations Center, 9200 Farm House 
Lane, Columbia, MD 21046 containing the following information:
    (i) Status of space station construction and anticipated launch 
date, including any major problems or delay encountered;
    (ii) A listing of any non-scheduled space station outages for more 
than thirty minutes and the cause(s) of such outages; and
    (iii) Identification of any space station(s) not available for 
service or otherwise not performing to specifications, the cause(s) of 
these difficulties, and the date any space station was taken out of 
service or the malfunction identified.
    (iv) All operators of NGSO FSS systems in the 18.8-19.3 GHz and 
28.6-29.1 GHz bands shall, within 10 days after a required 
implementation milestone as specified in the system authorization 
certify to the Commission by affidavit that the milestone has been met 
or notify the Commission by letter that it has not been met. At its 
discretion, the Commission may require the submission of additional 
information (supported by affidavit of a person or person with knowledge 
thereof) to demonstrate that the milestone has been met. Failure to file 
a timely certification of milestones, or filing disclosure of non-
compliance, will result in automatic cancellation of the authorization 
with no further action required on the Commission's part.
    (2) Licensees shall submit to the Commission a yearly report 
indicating the number of earth stations actually brought into service 
under its blanket licensing authority. The annual report is due to the 
Commission no later than the first day of April of each year and shall 
indicate the deployment figures for the preceding calendar year.
    (g) Policy governing the relocation of terrestrial services from the 
18.3 to 19.3 GHz band. Frequencies in the 18.3-19.3 GHz band listed in 
parts 21, 74, 78, and 101 of this chapter have been reallocated for 
primary use by the Fixed-Satellite Service, subject to various 
provisions for the existing terrestrial licenses. Fixed-Satellite 
Service operations are not entitled to protection from the co-primary 
operations until after the period during which terrestrial stations 
remain co-primary has expired. (see Sec. Sec. 21.901(e), 74.502(c), 
74.602(g), 78.18(a)(4), and 101.147(r) of this chapter).
    (h) Replacement of Space Stations within the System License Term. 
Licensees of NGSO FSS systems in the 18.8-19.3 GHz and 28.6-29.1 GHz 
frequency bands authorized through a blanket license pursuant to 
paragraph (b) of this section need not file separate applications to 
launch and operate technically identical replacement satellites within 
the term of the system authorization. However, the licensee shall 
certify to the Commission, at least thirty days prior to launch of such 
replacement(s) that:
    (1) The licensee intends to launch a space station into the 
previously-authorized orbit that is technically identical to those 
authorized in its system authorization and

[[Page 301]]

    (2) Launch of this space station will not cause the license to 
exceed the total number of operating space stations authorized by the 
Commission.
    (i) In-Orbit Spares. Licensees need not file separate applications 
to operate technically identical in-orbit spares authorized as part of 
the blanket license pursuant to paragraph (b) of this section. However, 
the licensee shall certify to the Commission, within 10 days of bringing 
the in-orbit spare into operation, that operation of this space station 
did not cause the licensee to exceed the total number of operating space 
stations authorized by the Commission.

[62 FR 61456, Nov. 18, 1997, as amended at 65 FR 54171, Sept. 7, 2000; 
66 FR 63515, Dec. 7, 2001; 67 FR 39310, June 7, 2002; 68 FR 16966, Apr. 
8, 2003; 68 FR 51505, Aug. 27, 2003; 68 FR 59129, Oct. 14, 2003]



Sec. 25.146  Licensing and operating authorization provisions for the 

non-geostationary satellite orbit fixed-satellite service (NGSO FSS) in 
the bands 10.7 GHz to 14.5 GHz.

    (a) A comprehensive technical showing shall be submitted for the 
proposed non-geostationary satellite orbit fixed-satellite service (NGSO 
FSS) system in the bands 10.7 GHz to 14.5 GHz. The technical information 
shall demonstrate that the proposed NGSO FSS system would not exceed the 
validation equivalent power flux-density (EPFD) limits as specified in 
Sec. 25.208 (g), (k), and (l) for EPFDdown, and 
EPFDup. If the technical demonstration exceeds the validation 
EPFD limits at any test points within the U.S. for domestic service and 
at any points outside of the U.S. for international service or at any 
points in the geostationary satellite orbit, as appropriate, the 
application would be unacceptable for filing and will be returned to the 
applicant with a brief statement identifying the non-compliance 
technical demonstration. The technical showing consists of the 
following:
    (1) Single-entry validation equivalent power flux-density, in the 
space-to-Earth direction, (EPFDdown) limits. (i) Provide a set of power 
flux-density (pfd) masks, on the surface of the Earth, for each space 
station in the NGSO FSS system. The pfd masks shall be generated in 
accordance with the specification stipulated in the ITU-R Recommendation 
BO.1503, ``Functional Description to be used in Developing Software 
Tools for Determining Conformity of Non-GSO FSS Networks with Limits 
Contained in Article S22 of the Radio Regulations.'' In particular, the 
pfd mask must encompass the power flux-density radiated by the space 
station regardless of the satellite transmitter power resource 
allocation and traffic/beam switching strategy that are used at 
different periods of a NGSO FSS system life. The pfd masks shall also be 
in an electronic form that can be accessed by the computer program 
contained in paragraph (a)(1)(iii) of this section.
    (ii) Identify and describe in detail the assumptions and conditions 
used in generating the power flux-density masks.
    (iii) If a computer program that has been approved by the ITU for 
determining compliance with the single-entry EPFDdown 
validation limits is not yet available, the applicant shall provide a 
computer program for the single-entry EPFDdown validation 
computation, including both the source code and the executable file. 
This computer program shall be developed in accordance with the 
specification stipulated in Recommendation ITU-R S.1503 (2000). If the 
applicant uses the ITU approved software, the applicant shall indicate 
the program name and the version used.
    (iv) Identify and describe in detail the necessary input parameters 
for the execution of the computer program identified in paragraph 
(a)(1)(iii) of this section.
    (v) Provide the result, the cumulative probability distribution 
function of EPFD, of the execution of the computer program described in 
paragraph (a)(1)(iii) of this section by using only the input parameters 
contained in paragraphs (a)(1)(i) and (a)(1)(iv) of this section.
    (2) Single-entry validation equivalent power flux-density, in the 
Earth-to-space direction, EPFDup limits. (i) Provide a set of NGSO FSS 
earth station maximum equivalent isotropically radiated power (e.i.r.p.) 
mask as a function of the off-axis angle generated by a NGSO FSS earth 
station. The maximum e.i.r.p. mask shall be generated in accordance

[[Page 302]]

with the specification stipulated in the ITU-R Recommendation BO.1503. 
In particular, the results of calculations encompass what would be 
radiated regardless of the earth station transmitter power resource 
allocation and traffic/beam switching strategy are used at different 
periods of a NGSO FSS system life. The e.i.r.p. masks shall also be in 
an electronic form that can be accessed by the computer program 
contained in paragraph (a)(2)(iii) of this section.
    (ii) Identify and describe in detail the assumptions and conditions 
used in generating the maximum earth station e.i.r.p. mask.
    (iii) If a computer program that has been approved by the ITU for 
determining compliance with the single-entry EPFDup 
validation limits is not yet available, the applicant shall provide a 
computer program for the single-entry EPFDup validation 
computation, including both the source code and the executable file. 
This computer program shall be developed in accordance with the 
specification stipulated in Recommendation ITU-R S.1503 (2000). If the 
applicant uses the ITU approved software, the applicant shall indicate 
the program name and the version used.
    (iv) Identify and describe in detail the necessary input parameters 
for the execution of the computer program identified in paragraph 
(a)(2)(iii) of this section.
    (v) Provide the result of the execution of the computer program 
described in paragraph (a)(2)(iii) of this section by using only the 
input parameters contained in paragraphs (a)(2)(i) and (a)(2)(iv) of 
this section.
    (b) Ninety days prior to the initiation of service to the public, 
the NGSO FSS system licensee shall submit a comprehensive technical 
showing for the non-geostationary satellite orbit fixed-satellite 
service (NGSO FSS) system in the bands 10.7 GHz to 14.5 GHz. The 
technical information shall demonstrate that the NGSO FSS system is 
expected not to operate in excess of the additional operational 
EPFDdown limits and the operational EPFDdown 
limits as specified in Sec. 25.208 (i), (j) and notes 2 and 3 to the 
table in paragraph (l). If the technical demonstration exceeds the 
additional operational EPFDdown limits or the operational 
EPFDdown limits at any test points with the U.S. for domestic 
service and at any test points out side of the U.S. for international 
service, the NGSO FSS system licensee shall not initiate service to the 
public until the deficiency has been rectified by reducing satellite 
transmission power or other adjustments. This must be substantiated by 
subsequent technical showings. The technical showings consist of the 
following:
    (1) Single-entry additional operational equivalent power flux-
density, in the space-to-Earth direction, (additional operational 
EPFDdown) limits. (i) Provide a set of anticipated operational power 
flux-density (pfd) masks, on the surface of the Earth, for each space 
station in the NGSO FSS system. The anticipated operational power flux-
density masks could be generated by using the method specified in ITU-R 
Recommendation BO.1503. In particular, the anticipated operational pfd 
mask shall take into account the expected maximum traffic loading 
distributions and geographic specific scheduling of the actual measured 
space station antenna patterns (see Sec. 25.210(k)). The anticipated 
operational power flux-density masks shall also be in an electronic form 
that can be accessed by the computer program contained in paragraph 
(b)(1)(iii) of this section.
    (ii) Identify and describe in detail the assumptions and conditions 
used in generating the anticipated operational power flux-density masks.
    (iii) Provide a computer program for the single-entry additional 
operational EPFDdown verification computation, including both 
the source code and the executable file. This computer program could be 
developed by using the method specified in ITU-R Recommendation BO.1503.
    (iv) Identify and describe in detail the necessary input parameters 
for the execution of the additional operational EPFDdown 
verification computer program identified in paragraph (b)(1)(iii) of 
this section.
    (v) Provide the result, the cumulative probability distribution 
function of EPFD, of the execution of the

[[Page 303]]

verification computer program described in paragraph (b)(1)(iii) of this 
section by using only the input parameters contained in paragraphs 
(b)(1)(i) and (b)(1)(iv) of this section for each of the submitted test 
points provided by the Commission. These test points are based on 
information from U.S.-licensed geostationary satellite orbit fixed-
satellite service and broadcast satellite service operators in the bands 
10.7 GHz to 14.5 GHz. Each U.S.-licensed geostationary satellite orbit 
fixed satellite service and broadcast satellite service operator in the 
bands 10.7 GHz to 14.5 GHz may submit up to 10 test points for this 
section containing the latitude, longitude, altitude, azimuth, elevation 
angle, antenna size, efficiency to be used by non-geostationary 
satellite orbit fixed-satellite service licensees in the bands 10.7 GHz 
to 14.5 GHz during the upcoming year.
    (2) Operational equivalent power flux-density, space-to-Earth 
direction, (operational EPFDdown) limits. Using the 
information contained in (b)(1) of this section plus the measured space 
station antenna patterns, provide the result of the execution of the 
computer simulation for the anticipated in-line operational 
EPFDdown levels for each of the submitted test points 
provided by the Commission. Submitted test points are based on inputs 
from U.S.-licensed geostationary satellite orbit fixed-satellite service 
and broadcast satellite service operators in the bands 10.7 GHz to 14.5 
GHz. Each U.S.-licensed geostationary satellite orbit fixed-satellite 
service and broadcast satellite service operator in the bands 10.7 GHz 
to 14.5 GHz may submit up to 10 test points for this section containing 
the latitude, longitude, altitude, azimuth, elevation angle, antenna 
size, efficiency to be used by non-geostationary satellite orbit fixed-
satellite service licensees in the bands 10.7 GHz to 14.5 GHz during the 
upcoming year.
    (c) The NGSO FSS system licensee shall, on June 30 of each year, 
file a report with the International Bureau and the Commission's 
Columbia Operations Center in Columbia, Maryland, certifying that the 
system continues to operate within the bounds of the masks and other 
input parameters specified under 25.146(a) and 25.146(b) as well as 
certifying the status of the additional operational EPFDdown 
levels into the 3 m and 10 m geostationary satellite orbit fixed-
satellite service receiving Earth station antennas, the operational 
EPFDdown levels into the 3 m, 4.5 m, 6.2 m and 10 m 
geostationary satellite orbit fixed-satellite service receiving Earth 
station antennas and the operational EPFDdown levels into the 
180 cm geostationary satellite orbit broadcast satellite service 
receiving Earth station antennas in Hawaii and 240 cm geostationary 
satellite orbit broadcast satellite service receiving Earth station 
antennas in Alaska.
    (d) The Commission may request at any time additional information 
from the NGSO FSS system applicant or licensee concerning the EPFD 
levels and the related technical showings.
    (e) A NGSO FSS system licensee operating a system in compliance with 
the limits specified in Sec. 25.208 (g), (i), (j), (k), (l) and (m) 
shall be considered as having fulfilled its obligations under ITU Radio 
Regulations provision S22.2 with respect to any GSO network. However, 
such NGSO FSS system shall not claim protection from GSO FSS and BSS 
networks operating in accordance with this part 25 or part 100 of this 
chapter, respectively, and the ITU Radio Regulations.
    (f) Coordination will be required between NGSO FSS systems and GSO 
FSS earth stations in the frequency band 10.7-12.75 GHz when all of the 
following threshold conditions are met:
    (1) Bandwidth overlap; and
    (2) The satellite network using the GSO has specific receive earth 
stations which meet all of the following conditions: earth station 
antenna maximum isotropic gain greater than or equal to 64 dBi; G/T of 
44 dB/K or higher; and emission bandwidth of 250 MHz; and the 
EPFDdown radiated by the satellite system using the NGSO into 
the GSO specific receive earth station, either within the U.S. for 
domestic service or any points outside the U.S. for international 
service, as calculated using the ITU software for examining compliance 
with EPFD limits set forth in Article 22 of the ITU Radio Regulations 
exceeds -174.5 dB(W/(m2/40kHz)) for any percentage of time for NGSO 
systems with all satellites only operating

[[Page 304]]

at or below 2500 km altitude, or -202 dB(W/(m2/40kHz)) for any 
percentage of time for NGSO systems with any satellites operating above 
2500 km altitude.
    (3) If there is no ITU software for examining compliance with EPFD 
limits set forth in Article 22 of the ITU Radio Regulations, then the 
EPFDdown coordination trigger is suspended and the 
requirement for coordination will be based on bandwidth overlap and the 
satellite network using the GSO has specific receive earth stations 
which meet all of the following conditions: earth station antenna 
maximum isotropic gain greater than or equal to 64 dBi; G/T of 44 dB/K 
or higher; and emission bandwidth of 250 MHz.
    (g) Operational power flux density, space-to-Earth direction, 
limits. Ninety days prior to the initiation of service to the public, 
the NGSO FSS system licensee shall submit a technical showing for the 
NGSO FSS system in the band 12.2-12.7 GHz. The technical information 
shall demonstrate that the NGSO FSS system is capable of meeting the 
limits as specified in Sec. 25.208(o). Licensees may not provide 
service to the public if they fail to demonstrate compliance with the 
PFD limits.
    (h) System License. Applicants authorized to construct and launch a 
system of technically identical non-geostationary satellite orbit fixed 
satellite service satellites will be awarded a single ``blanket'' 
license covering a specified number of space stations to operate in a 
specified number of orbital planes.
    (i) In addition to providing the information specified in Sec. 
25.114, each NGSO FSS applicant shall provide the following:
    (1) A demonstration that the proposed system is capable of providing 
fixed-satellite services on a continuous basis throughout the fifty 
states, Puerto Rico and the U.S. Virgin Islands, U.S.; and
    (2) A demonstration that the proposed system be capable of providing 
fixed-satellite services to all locations as far north as 70 deg. 
latitude and as far south as 55 deg. latitude for at least 75 percent of 
every 24-hour period; and
    (3) Sufficient information on the NGSO FSS system characteristics to 
properly model the system in computer sharing simulations, including, at 
a minimum, NGSO hand-over and satellite switching strategies, NGSO 
satellite beam patterns, NGSO satellite antenna patterns and NGSO earth 
station antenna patterns. In particular, each NGSO FSS applicant must 
explain the switching protocols it uses to avoid transmitting while 
passing through the geostationary satellite orbit arc, or provide an 
explanation as to how the power-flux density limits in Sec. 25.208 are 
met without using geostationary satellite orbit arc avoidance. In 
addition, each NGSO FSS applicant must provide the orbital parameters 
contained in Section A.3 of Annex 1 to Resolution 46. Further, each NGSO 
FSS applicant must provide a sufficient technical showing to demonstrate 
that the proposed non-geostationary satellite orbit system meets the 
power-flux density limits contained in Sec. 25.208, as applicable, and
    (4) A description of the design and operational strategies that it 
will use, if any, to mitigate orbital debris. Each applicant must submit 
a casualty risk assessment if planned post-mission disposal involves 
atmospheric re-entry of the spacecraft.
    (j) [Reserved]
    (k) Implementation Milestone Schedule. Each NGSO FSS licensee in the 
10.7-12.7 GHz, 12.75-13.25 GHz and 13.75-14.5 GHz frequency bands will 
be required to enter into a non-contingent satellite manufacturing 
contract for the system within one year of authorization, to complete 
critical design review within two years of authorization, to begin 
physical construction of all satellites in the system within two and a 
half years of authorization, to complete construction and launch of the 
first two satellites within three and a half years of grant, and to 
launch and operate its entire authorized system within six years of 
authorization. Each NGSO FSS licensee in the 10.7-12.7 GHz, 12.75-13.25 
GHz and 13.75-14.5 GHz frequency bands must submit certifications of 
milestone compliance within 10 days following a milestone specified in 
its authorization.
    (l) Reporting Requirements. All NGSO FSS licensees in the 10.7-12.7 
GHz,

[[Page 305]]

12.75-13.25 GHz and 13.75-14.5 GHz frequency bands shall, on June 30th 
of the first year following launch of the first two space stations in 
their system, and annually thereafter, file a report with the 
International Bureau and the Commission's Laurel, Maryland field office 
containing the following information:
    (1) Status of space station construction and anticipated launch 
date, including any major problems or delay encountered;
    (2) Identification of any space station(s) not available for service 
or otherwise not performing to specifications, the cause(s) of these 
difficulties, and the date any space station was taken out of service or 
the malfunction identified.
    (m) Replacement of Space Stations within the System License Term. 
Licensees of NGSO FSS systems in the 10.7-12.7 GHz, 12.75-13.25 GHz and 
13.75-14.5 GHz frequency bands authorized through a blanket license 
pursuant to paragraph (g) of this section need not file separate 
applications to launch and operate technically identical replacement 
satellites within the term of the system authorization. However, the 
licensee shall certify to the Commission, at least thirty days prior to 
launch of such replacement(s) that:
    (1) The licensee intends to launch a space station into the 
previously-authorized orbit that is technically identical to those 
authorized in its system authorization and
    (2) Launch of this space station will not cause the licensee to 
exceed the total number of operating space stations authorized by the 
Commission.
    (n) In-Orbit Spares. Licensees need not file separate applications 
to operate technically identical in-orbit spares authorized as part of 
the blanket license pursuant to paragraph (g) of this section. However, 
the licensee shall certify to the Commission, within 10 days of bringing 
the in-orbit spare into operation, that operation of this space station 
did not cause the licensee to exceed the total number of operating space 
stations authorized by the Commission.

[66 FR 10619, Feb. 16, 2001, as amended at 67 FR 53510, Aug. 16, 2002; 
68 FR 16447, Apr. 4, 2003; 68 FR 43946, July 25, 2003; 68 FR 51505, Aug. 
27, 2003; 69 FR 31302, June 3, 2004]

    Effective Date Note: At 68 FR 43946, July 25, 2003, Sec. 25.146 was 
amended by redesignating paragraphs (g) through (m) as paragraphs (h) 
through (n) and by adding a new paragraph (g). This paragraph contains 
information collection and recordkeeping requirements and will not 
become effective until approval has been given by the Office of 
Management and Budget.



Sec. 25.147  Licensing provision for NGSO MSS feeder downlinks in the 
band 6700-6875 MHz.

    If an NGSO MSS satellite transmitting in the band 6700-6875 MHz 
causes harmful interference to previously licensed co-frequency Public 
Safety facilities, then that satellite licensee is obligated to remedy 
the interference complaint.

[67 FR 17299, Apr. 10, 2002]



Sec. 25.148  Licensing provisions for the Direct Broadcast Satellite 
Service.

    (a) License terms. License terms for DBS facilities are specified in 
Sec. 25.121(a).
    (b) Due diligence. (1) All persons granted DBS authorizations shall 
proceed with due 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 authorization. The 
satellite stations shall also be required to be in operation within six 
years of the authorization grant.
    (2) In addition to the requirements stated in paragraph (b)(1) of 
this section, all persons who receive new or additional DBS 
authorizations after January 19, 1996 shall complete construction of the 
first satellite in their respective DBS systems within four years of 
grant of the authorization. All satellite stations in such a DBS system 
shall be in operation within six years of the grant of the 
authorization.
    (3) DBS 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 authorization shall not be considered to justify 
extension of these deadlines.
    (c) Geographic service requirements. Those entities acquiring DBS 
authorizations after January 19, 1996, or who

[[Page 306]]

after January 19, 1996 modify a previous DBS authorization to launch a 
replacement satellite, must provide DBS service to Alaska and Hawaii 
where such service is technically feasible from the authorized orbital 
location. This requirement does not apply to DBS satellites authorized 
to operate at the 61.5[deg] W.L. orbital location. DBS applicants 
seeking to operate from locations other than 61.5[deg] W.L. who do not 
provide service to Alaska and Hawaii, must provide technical analyses to 
the Commission demonstrating that such service is not feasible as a 
technical matter, or that while technically feasible such services would 
require so many compromises in satellite design and operation as to make 
it economically unreasonable.
    (d) DBS subject to competitive bidding. Mutually exclusive initial 
applications to provide DBS are subject to competitive bidding 
procedures. The general competitive bidding procedures set forth in part 
1, subpart Q of this chapter will apply unless otherwise provided in 
this part.
    (e) DBS long form application. Winning bidders are subject to the 
provisions of Sec. 1.2107 of this chapter except that in lieu of a FCC 
Form 601 each winning bidder shall submit the long-form satellite 
service application (FCC Form 312) within thirty (30) days after being 
notified by Public Notice that it is the winning bidder. Each winning 
bidder will also be required to submit by the same deadline the 
information described in Sec. 25.215 (Technical) and Sec. 25.601 
(EEO), and in paragraph (f) of this section. 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. 25.114 and any associated Public Notices.
    (f) Technical qualifications. DBS operations must be in accordance 
with the sharing criteria and technical characteristics contained in 
Appendices 30 and 30A of the ITU's Radio Regulations. Operation of 
systems using differing technical characteristics may be permitted, with 
adequate technical showing, and if a request has been made to the ITU to 
modify the appropriate Plans to include the system's technical 
parameters.

[67 FR 51113, Aug. 7, 2002]



Sec. 25.149  Application requirements for ancillary terrestrial components 

in the mobile-satellite service networks operating in the 1.5./1.6 GHz, 
1.6/2.4 GHz and 2 GHz mobile-satellite service.

    (a) Applicants for ancillary terrestrial component authority shall 
demonstrate that the applicant does or will comply with the following 
through certification or explanatory technical exhibit, as appropriate:
    (1) ATC shall be deployed in the forward-band mode of operation 
whereby the ATC mobile terminals transmit in the MSS uplink bands and 
the ATC base stations transmit in the MSS downlink bands in portions of 
the 2000-2020 MHz/2180-2200 MHz bands (2 GHz band), the 1626.5-1660.5 
MHz/1525-1559 MHz bands (L-band), and the 1610-1626.5 MHz/2483.5-2500 
MHz bands (Big LEO band).
    (2) ATC operations shall be limited to certain frequencies:
    (i) In the 2000-2020 MHz/2180-2200 MHz bands (2 GHz MSS band), ATC 
operations are limited to the selected assignment of the 2 GHz MSS 
licensee that seeks ATC authority.
    (ii) In the 1626.5-1660.5 MHz/1525-1559 MHz bands (L-band), ATC 
operations are limited to the frequency assignments authorized and 
internationally coordinated for the MSS system of the MSS licensee that 
seeks ATC authority.
    (iii) In the 1610-1626.5 MHz/2483.5-2500 MHz bands (Big LEO bands), 
ATC operations are limited to the 1610-1615.5 MHz, 1621.35-1626.5 MHz, 
and 2487.5-2493.0 MHz bands and to the specific frequencies authorized 
for use by the MSS licensee that seeks ATC authority.
    (3) ATC operations shall not exceed the geographical coverage area 
of the mobile satellite service network of the applicant for ATC 
authority.
    (4) ATC base stations shall comply with all applicable antenna and 
structural clearance requirements established in part 17 of this 
chapter.

[[Page 307]]

    (5) ATC base stations and mobile terminals shall comply with part 1 
of this chapter, Subpart I--Procedures Implementing the National 
Environmental Policy Act of 1969, including the guidelines for human 
exposure to radio frequency electromagnetic fields as defined in 
Sec. Sec. 1.1307(b) and 1.1310 of this chapter for PCS networks.
    (6) ATC base station operations shall use less than all available 
MSS frequencies when using all available frequencies for ATC base 
station operations would exclude otherwise available signals from MSS 
space-stations.
    (b) Applicants for an ancillary terrestrial component shall 
demonstrate that the applicant does or will comply with the following 
criteria through certification:
    (1) Geographic and temporal coverage. (i) For the 2 GHz MSS band, an 
applicant must demonstrate that it can provide space-segment service 
covering all 50 states, Puerto Rico, and the U.S. Virgin Islands one-
hundred percent of the time, consistent with the coverage requirements 
for 2 GHz MSS GSO operators.
    (ii) For the L-band, an applicant must demonstrate that it can 
provide space-segment service covering all 50 states, Puerto Rico, and 
the U.S. Virgin Islands one-hundred percent of the time, unless it is 
not technically possible for the MSS operator to meet the coverage 
criteria from its orbital position.
    (iii) For the Big LEO band, an applicant must demonstrate that it 
can provide space-segment service to all locations as far north as 
70[deg] North latitude and as far south as 55[deg] South latitude for at 
least seventy-five percent of every 24-hour period, i.e., that at least 
one satellite will be visible above the horizon at an elevation angle of 
at least 5[deg] for at least 18 hours each day, and on a continuous 
basis throughout the fifty states, Puerto Rico and the U.S. Virgin 
Islands, i.e., that at least one satellite will be visible above the 
horizon at an elevation angle of at least 5[deg] at all times.
    (2) Replacement satellites. (i) Operational NGSO MSS ATC systems 
shall maintain an in-orbit spare satellite.
    (ii) Operational GSO MSS ATC systems shall maintain a spare 
satellite on the ground within one year of commencing operations and 
launch it into orbit during the next commercially reasonable launch 
window following a satellite failure.
    (iii) All MSS ATC licensees must report any satellite failures, 
malfunctions or outages that may require satellite replacement within 
ten days of their occurrence.
    (3) Commercial availability. Mobile-satellite service must be 
commercially available (viz., offering services for a fee) in accordance 
with the coverage requirements that pertain to each band as a 
prerequisite to an MSS licensee's offering ATC service.
    (4) Integrated services. MSS ATC licensees shall offer an integrated 
service of MSS and MSS ATC. Applicants for MSS ATC may establish an 
integrated service offering by affirmatively demonstrating that:
    (i) The MSS ATC operator will use a dual-mode handset that can 
communicate with both the MSS network and the MSS ATC component to 
provide the proposed ATC service; or
    (ii) Other evidence establishing that the MSS ATC operator will 
provide an integrated service offering to the public.
    (5) In-band operation. (i) In the 2 GHz MSS band, MSS ATC is limited 
to an MSS licensee's selected assignment. MSS ATC operations on 
frequencies beyond the MSS licensee's selected assignment are 
prohibited.
    (ii) In the Big LEO band, MSS ATC is limited to no more than 5.5 MHz 
of spectrum in each direction of operation. Licensees in these bands may 
implement ATC only on those channels on which MSS is authorized, 
consistent with the Big LEO band-sharing arrangement.
    (iii) In the L-band, MSS ATC is limited to those frequency 
assignments available for MSS use in accordance with the Mexico City 
Memorandum of Understanding, its successor agreements or the result of 
other organized efforts of international coordination.
    (c) Equipment certification. (1) Each ATC MET utilized for operation 
under this part and each transmitter marketed, as set forth in Sec. 
2.803 of this chapter, must be of a type that has been authorized by the 
Commission

[[Page 308]]

under its certification procedure for use under this part.
    (2) Any manufacturer of radio transmitting equipment to be used in 
these services may request equipment authorization following the 
procedures set forth in subpart J of part 2 of this chapter. Equipment 
authorization for an individual transmitter may be requested by an 
applicant for a station authorization by following the procedures set 
forth in part 2 of this chapter.
    (3) Licensees and manufacturers are subject to the radiofrequency 
radiation exposure requirements specified in Sec. Sec. 1.1307(b), 
2.1091 and 2.1093 of this chapter, as appropriate. MSS ATC base stations 
must comply with the requirements specified in Sec. 1.1307(b) of this 
chapter for PCS base stations. MSS ATC mobile terminals must comply with 
the requirements specified for mobile and portable PCS transmitting 
devices in Sec. 1.1307(b) of this chapter. MSS ATC mobile terminals 
must also comply with the requirements in Sec. Sec. 2.1091 and 2.1093 
of this chapter for Satellite Communications Services devices. 
Applications for equipment authorization of mobile or portable devices 
operating under this section must contain a statement confirming 
compliance with these requirements for both fundamental emissions and 
unwanted emissions. Technical information showing the basis for this 
statement must be submitted to the Commission upon request.
    (d) Applicants for an ancillary terrestrial component authority 
shall demonstrate that the applicant does or will comply with the 
provisions of Sec. Sec. 1.924 and 25.203(e) through 25.203(g) and with 
Sec. Sec. 25.252, 25.253, or 25.254, as appropriate, through 
certification or explanatory technical exhibit.
    (e) Except as provided for in paragraph (f) of this section, no 
application for an ancillary terrestrial component shall be granted 
until the applicant has demonstrated actual compliance with the 
provisions of paragraph (b) of this section. Upon receipt of ATC 
authority, all ATC licensees must ensure continued compliance with this 
section and Sec. Sec. 25.252, 25.253, or 25.254, as appropriate.
    (f) Special provision for operational MSS systems. Applicants for 
MSS ATC authority with operational MSS systems that are in actual 
compliance with the requirements prescribed in paragraphs (b)(1), 
(b)(2), and (b)(3) of this section at the time of application may elect 
to satisfy the requirements of paragraphs (b)(4) and (b)(5) of this 
section prospectively by providing a substantial showing in its 
certification regarding how the applicant will comply with the 
requirements of paragraphs (b)(4) and (b)(5) of this section. 
Notwithstanding Sec. 25.117(f) and paragraph (e) of this section, the 
Commission may grant an application for ATC authority based on such a 
prospective substantial showing if the Commission finds that operations 
consistent with the substantial showing will result in actual compliance 
with the requirements prescribed in paragraphs (b)(4) and (b)(5) of this 
section. An MSS ATC applicant that receives a grant of ATC authority 
pursuant to this paragraph (f) shall notify the Commission within 30 
days once it begins providing ATC service. This notification must take 
the form of a letter formally filed with the Commission in the 
appropriate MSS license docket and shall contain a certification that 
the MSS ATC service is consistent with its ATC authority.

[68 FR 47859, Aug. 12, 2003, as amended at 69 FR 48162, Aug. 9, 2004]

                       Processing of Applications



Sec. 25.150  Receipt of applications.

    Applications received by the Commission are given a file number and 
(domestic only) a unique station identifier for administrative 
convenience. Neither the assignment of a file number and/or other 
identifier nor the listing of the application on public notice as 
received for filing indicates that the application has been found 
acceptable for filing or precludes the subsequent return or dismissal of 
the application if it is found to be defective or not in accordance with 
the Commission's rules.



Sec. 25.151  Public notice period.

    (a) At regular intervals, the Commission will issue public notices 
listing:
    (1) The receipt of applications for new station authorizations;

[[Page 309]]

    (2) The receipt of applications for license or registration of 
receive-only earth stations;
    (3) The receipt of applications for major modifications to station 
authorizations;
    (4) The receipt of major amendments to pending applications;
    (5) The receipt of applications to assign or transfer control of 
space station facilities, transmitting earth station facilities, or 
international receive-only earth station facilities;
    (6) Significant Commission actions regarding applications;
    (7) Information which the Commission in its discretion believes to 
be of public significance; and
    (8) Special environmental considerations as required by part 1 of 
this chapter.
    (b) Special public notices may also be issued at other times under 
special circumstances involving non-routine matters where speed is of 
the essence and efficiency of Commission process will be served thereby.
    (c) A public notice will not normally be issued for receipt of any 
of the following applications:
    (1) For authorization of a minor technical change in the facilities 
of an authorized station;
    (2) For temporary authorization pursuant to Sec. 25.119;
    (3) For an authorization under any of the proviso clauses of section 
308(a) of the Communications Act of 1934, as amended [47 U.S.C. 308(a)];
    (4) For consent to an involuntary assignment or transfer of control 
of a transmitting earth station authorization; or
    (5) For consent to an assignment or transfer of control of a space 
station authorization or a transmitting earth station authorization, 
where the assignment or transfer does not involve a substantial change 
in ownership or control; or
    (6) For change in location of an earth station operating in the 4/6 
GHz and 10.95-11.7 GHz bands by no more than 1[sec] in latitude and/or 
longitude and for change in location of an earth station operating in 
the 12/14 GHz bands by no more than 10[sec] in latitude and/or 
longitude.
    (d) No application that has appeared on public notice will be 
granted until the expiration of a period of thirty days following the 
issuance of the public notice listing the application, or any major 
amendment thereto. Any comments or petitions must be delivered to the 
Commission by that date in accordance with Sec. 25.154.

[56 FR 24016, May 28, 1991, as amended at 58 FR 68061, Dec. 23, 1993]



Sec. 25.152  Dismissal and return of applications.

    (a) Any application may be dismissed without prejudice as a matter 
of right if the applicant requests its dismissal prior to final 
Commission action.
    (b) The Commission will dismiss an application for failure to 
prosecute or for failure to respond substantially within a specified 
time period to official correspondence or requests for additional 
information. Dismissal will be without prejudice unless the application 
is mutually exclusive pursuant to Sec. 25.155, in which case it will be 
dismissed with prejudice.



Sec. 25.153  Repetitious applications.

    (a) Where an application has been denied or dismissed with 
prejudice, the Commission will not consider a like application involving 
service of the same kind to the same area by the same applicant, or by 
its successor or assignee, or on behalf of or for the benefit of any of 
the original parties in interest, until after the lapse of 12 months 
from the effective date of the Commission's action. The Commission may, 
for good cause shown, waive the requirements of this section.
    (b) Where an appeal has been taken from the action of the Commission 
denying a particular application, another application for the same class 
of station and for the same area, in whole or in part, filed by the same 
applicant or by his successor or assignee, or on behalf or for the 
benefit of the original parties in interest, will not be considered 
until the final disposition of the appeal.

[[Page 310]]



Sec. 25.154  Opposition to applications and other pleadings.

    (a) Petitions to deny, petitions for other forms of relief, and 
other objections or comments must:
    (1) Identify the application or applications (including applicant's 
name, station location, Commission file numbers, and radio service 
involved) with which it is concerned;
    (2) Be filed within thirty (30) days after the date of public notice 
announcing the acceptance for filing of the application or major 
amendment thereto (unless the Commission otherwise extends the filing 
deadline);
    (3) Filed in accordance with the pleading limitations, periods and 
other applicable provisions of Sec. Sec. 1.41 through 1.52 of this 
chapter, except that such petitions must be filed electronically through 
the International Bureau Filing System (IBFS) in accordance with the 
applicable provisions of part 1, subpart Y of this chapter;
    (4) Contain specific allegations of fact (except for those of which 
official notice may be taken) to support the specific relief requested, 
which shall be supported by affidavit of a person or persons with 
personal knowledge thereof, and which shall be sufficient to demonstrate 
that the petitioner (or respondent) is a party of interest and that a 
grant of, or other Commission action regarding, the application would be 
prima facie inconsistent with the public interest; and
    (5) Contain a certificate of service showing that it has been mailed 
to the applicant no later than the date the pleading is filed with the 
Commission.
    (b) The Commission will classify as informal objections:
    (1) Any pleading not filed in accordance with paragraph (a) of this 
section;
    (2) Any pleading to which the thirty (30) day public notice period 
of Sec. 25.151 does not apply; or
    (3) Any objections to the grant of an application when the 
objections do not conform to either paragraph (a) of this section or to 
other Commission rules and requirements.
    (c) Oppositions to petitions to deny an application or responses to 
comments and informal objections regarding an application may be filed 
within 10 days after the petition, comment, or objection is filed and 
must be in accordance with other applicable provisions of Sec. Sec. 
1.41 through 1.52 of this chapter, except that such oppositions must be 
filed electronically through the International Bureau Filing System 
(IBFS) in accordance with the applicable provisions of part 1, subpart Y 
of this chapter.
    (d) Reply comments by the party that filed the original petition may 
be filed with respect to pleadings filed pursuant to paragraph (c) of 
this section within 5 days after the time for filing oppositions has 
expired unless the Commission otherwise extends the filing deadline and 
must be in accordance with other applicable provisions of Sec. Sec. 
1.41 through 1.52 of this chapter, except that such reply comments must 
be filed electronically through the International Bureau Filing System 
(IBFS) in accordance with the applicable provisions of part 1, subpart Y 
of this chapter.

[56 FR 24016, May 28, 1991, as amended at 69 FR 47795, Aug. 6, 2004]



Sec. 25.155  Mutually exclusive applications.

    (a) The Commission will consider applications to be mutually 
exclusive if their conflicts are such that the grant of one application 
would effectively preclude by reason of harmful electrical interference, 
or other practical reason, the grant of one or more other applications.
    (b) An application for an NGSO-like space station license, within 
the meaning of Sec. 25.157, will be entitled to comparative 
consideration with one or more conflicting applications only if:
    (1) The application is mutually exclusive with another NGSO-like 
space station application; and
    (2) The application is received by the Commission in a condition 
acceptable for filing by the ``cut-off'' date specified in a public 
notice.
    (c) An application for a GSO-like space station license, within the 
meaning of Sec. 25.158, will be entitled to comparative consideration 
with one or more conflicting applications only if:
    (1) The application is mutually exclusive with another GSO-like 
space station application; and

[[Page 311]]

    (2) The application is received by the Commission in a condition 
acceptable for filing at the same millisecond as another GSO-like space 
station application with which it is mutually exclusive.

[68 FR 51505, Aug. 27, 2003]



Sec. 25.156  Consideration of applications.

    (a) Applications for a radio station authorization, or for 
modification or renewal of an authorization, will be granted if, upon 
examination of the application, any pleadings or objections filed, and 
upon consideration of such other matters as it may officially notice, 
the Commission finds that the applicant is legally, technically, and 
otherwise qualified, that the proposed facilities and operations comply 
with all applicable rules, regulations, and policies, and that grant of 
the application will serve the public interest, convenience and 
necessity.
    (b) Whenever the Commission grants any application in part, or 
subject to any terms or conditions other than those routinely applied to 
applications of the same type, the grant shall be considered final 
unless the Commission should revise its action (either by granting the 
application as originally requested, or by designating the application 
for hearing) in response to a petition for reconsideration which:
    (1) Is filed by the applicant within thirty (30) days from the 
release date of the conditioned grant; and
    (2) Rejects the grant as made and explains the reasons why the 
application should be granted as originally requested.
    (c) Reconsideration or review of any final action taken by the 
Commission will be in accordance with subpart A of part 1 of this 
chapter.
    (d)(1) Applications for NGSO-like satellite systems will be 
considered pursuant to the procedures set forth in Sec. 25.157.
    (2) Applications for GSO-like satellite systems will be considered 
pursuant to the procedures set forth in Sec. 25.158.
    (3) Applications for NGSO-like satellite and GSO-like systems 
employing two or more service bands will be treated like separate 
applications for each service band, and each service band request will 
be considered pursuant to Sec. 25.157 or Sec. 25.158, as appropriate.
    (4) Applications for feeder link authority or intersatellite link 
authority will be treated like an application separate from its 
associated service band. Each feeder link request or intersatellite link 
request will be considered pursuant to the procedure for GSO-like 
service or NGSO-like service, as applicable.
    (5) In cases where the Commission has not adopted frequency-band 
specific service rules, the Commission will not consider NGSO-like 
applications after it has granted a GSO-like application, and it will 
not consider GSO-like applications after it has granted an NGSO-like 
application, unless and until the Commission establishes NGSO/GSO 
sharing criteria for that frequency band. In the event that the 
Commission receives NGSO-like applications and GSO-like applications at 
the same time, and the Commission has not adopted sharing criteria in 
that band, the Commission will divide the spectrum between GSO-like and 
NGSO-like licensees based on the proportion of qualified GSO-like and 
NGSO-like applicants.
    (6) An application for DBS or DARS services will be entitled to 
comparative consideration with one or more conflicting applications only 
if:
    (i) The application is mutually exclusive with another application; 
and
    (ii) The application is received by the Commission in a condition 
acceptable for filing by the ``cut-off'' date specified in a public 
notice.

[56 FR 24016, May 28, 1991, as amended at 68 FR 51505, Aug. 27, 2003]



Sec. 25.157  Consideration of NGSO-like satellite applications.

    (a) This section specifies the Commission's procedures for 
considering license applications for ``NGSO-like satellite systems.'' 
For purposes of this section, the term ``NGSO-like satellite system'' is 
defined as:
    (1) All NGSO satellite systems, and
    (2) All GSO MSS satellite systems, in which the satellites are 
designed to communicate with earth stations with omni-directional 
antennas.

[[Page 312]]

    (b) Each NGSO-like satellite system application will be reviewed to 
determine whether it is acceptable for filing within the meaning of 
Sec. 25.112. Any application that is not acceptable for filing would be 
returned to the applicant.
    (c) Each NGSO-like satellite system application that is acceptable 
for filing will be reviewed to determine whether it is a ``competing 
application,'' i.e., filed in response to a public notice initiating a 
processing round, or a ``lead application,'' i.e., all other NGSO-like 
satellite system applications.
    (1) Competing applications that are acceptable for filing will be 
placed on public notice to provide interested parties an opportunity to 
file pleadings in response to the application pursuant to Sec. 25.154.
    (2) Lead applications that are acceptable for filing will be placed 
on public notice. This public notice will initiate a processing round, 
establish a cut-off date for competing NGSO-like satellite system 
applications, and provide interested parties an opportunity to file 
pleadings in response to the application pursuant to Sec. 25.154.
    (d) After review of each of the applications in the processing 
round, and all the pleadings filed in response to each application, the 
Commission will grant all the applications that meet the standards of 
Sec. 25.156(a), and deny the other applications.
    (e)(1) In the event that there is insufficient spectrum in the 
frequency band available to accommodate all the qualified applicants in 
a processing round, the available spectrum will be divided equally among 
the licensees whose applications are granted pursuant to paragraph (d) 
of this section, except as set forth in paragraph (e)(2) or (e)(3) of 
this section.
    (2) In cases where there are only one or two applications in a 
processing round granted pursuant to paragraph (d) of this section, each 
applicant will be assigned 1/3 of the available spectrum, and the 
remaining spectrum will be made available to other licensees in an 
additional processing round pursuant to paragraph (c) of this section.
    (3) In cases where there are three or more applications in a 
processing round granted pursuant to paragraph (d) of this section, and 
one or more applicants apply for less spectrum than they would be 
warranted under paragraph (e)(1) of this section, those applicants will 
be assigned the bandwidth amount they requested in their applications. 
In those cases, the remaining qualified applicants will be assigned the 
lesser of the amount of spectrum they requested in their applications 
and the amount spectrum that they would be assigned if the available 
spectrum were divided equally among the remaining qualified applicants.
    (f)(1) Each licensee will be allowed to select the particular band 
segment it wishes to use no earlier than 60 days before they plan to 
launch the first satellite in its system, and no later than 30 days 
before that date, by submitting a letter to the Secretary of the 
Commission. The licensee shall serve copies of this letter to the other 
participants in the processing round pursuant to Sec. 1.47 of this 
chapter.
    (2) The licensee shall request contiguous bandwidth in both the 
uplink and downlink band. Each licensee's bandwidth selection in both 
the uplink and downlink band shall not preclude other licensees from 
selecting contiguous bandwidth.
    (3) If two or more licensees in a processing round request the same 
band segment, all licensees other than the first one to request that 
particular band segment will be required to make another selection.
    (g)(1) In the event that an applicants' license is cancelled for any 
reason, the Commission will redistribute the bandwidth allocated to that 
applicant equally among the remaining applicants whose licenses were 
granted concurrently with the cancelled license, unless the Commission 
determines that such a redistribution would not result in a sufficient 
number of licensees remaining to make reasonably efficient use of the 
frequency band.
    (2) In the event that the redistribution of bandwidth set forth in 
paragraph (g)(1) of this section would not result in a sufficient number 
of licensees remaining to make reasonably efficient use of the frequency 
band, the Commission will issue a public notice initiating a processing 
round, as set forth in paragraph (c) of this section, to invite parties 
to apply for an NGSO-

[[Page 313]]

like satellite system license to operate in a portion of the bandwidth 
made available as a result of the cancellation of the initial 
applicant's license. Parties already holding licenses to operate an 
NGSO-like satellite system in that frequency band will not be permitted 
to participate in that processing round.
    (3) There is a presumption that three satellite licensees in a 
frequency band are sufficient to make reasonably efficient use of the 
frequency band.
    (h) Services offered pursuant to an NGSO-like license in a frequency 
band granted before the Commission has adopted frequency-band-specific 
service rules for that band will be subject to the default service rules 
in Sec. 25.217.

[68 FR 51505, Aug. 27, 2003]



Sec. 25.158  Consideration of GSO-like satellite applications.

    (a) This section specifies the Commission's procedures for 
considering license applications for ``GSO-like satellite systems.'' For 
purposes of this section, the term ``GSO-like satellite system'' is 
defined as a GSO satellite designed to communicate with earth stations 
with directional antennas. Examples of GSO-like satellite systems are 
those which use earth stations with antennas with directivity towards 
the satellites, such as FSS, and MSS feeder links which use GSO 
satellites. GSO-like satellite systems are satellite systems that are 
not NGSO-like satellite systems within the meaning of Sec. 25.157(a).
    (b) Applications for GSO-like satellite system licenses will be 
placed in a queue and considered in the order that they are filed, 
pursuant to the following procedure:
    (1) The application will be reviewed to determine whether it is 
acceptable for filing within the meaning of Sec. 25.112. If not, the 
application will be returned to the applicant.
    (2) If the application is acceptable for filing, the application 
will be placed on public notice pursuant to Sec. 25.151, and interested 
parties will be given an opportunity to file pleadings pursuant to Sec. 
25.154.
    (3) The application will be granted only if it meets each of the 
following criteria:
    (i) After review of the application and any pleadings filed in 
response to that application, the Commission finds that the application 
meets the standards of Sec. 25.156(a); and
    (ii) The proposed satellite will not cause harmful interference to 
any previously licensed operations.
    (c) An applicant for a GSO-like satellite system license is not 
allowed to transfer, assign, or otherwise permit any other entity to 
assume its place in any queue.
    (d) In the event that two or more GSO-like satellite system license 
applications are mutually exclusive within the meaning of Sec. 
25.155(c), the Commission will consider those applications pursuant to 
the following procedure:
    (1) Each application will be reviewed to determine whether it is 
acceptable for filing within the meaning of Sec. 25.112. Any 
application not found acceptable for filing will be returned to the 
applicant.
    (2) All applications that are acceptable for filing will be placed 
on public notice pursuant to Sec. 25.151, and interested parties will 
be given an opportunity to file pleadings pursuant to Sec. 25.154.
    (3) Each application will be granted if it meets the criteria of 
paragraph (b)(3) of this section, and otherwise will be denied.
    (4) In the event that two or more applications are granted pursuant 
to paragraph (d)(3) of this section, the available bandwidth at the 
orbital location or locations in question will be divided equally among 
those licensees.
    (5) Licensees whose licenses are granted pursuant to paragraph 
(d)(4) of this section will be allowed to select the particular band 
segment it wishes to use no earlier than 60 days before they plan to 
launch the first satellite in its system, and no later than 30 days 
before that date, by submitting a letter to the Secretary of the 
Commission. The licensee shall serve copies of this letter to the other 
participants in the processing round pursuant to Sec. 1.47 of this 
chapter.
    (6) Licensees whose licenses are granted pursuant to paragraph 
(d)(4) of this section shall request contiguous bandwidth in both the 
uplink and

[[Page 314]]

downlink band. Each licensee's bandwidth selection shall not preclude 
other licensees from selecting contiguous bandwidth.
    (7) If two or more licensees whose licenses are granted pursuant to 
paragraph (d)(4) of this section request the same band segment, all 
licensees other than the first one to request that particular band 
segment will be required to make another selection.
    (e) Services offered pursuant to a GSO-like license in a frequency 
band granted before the Commission has adopted frequency-band-specific 
service rules for that band will be subject to the default service rules 
in Sec. 25.217.

[68 FR 51506, Aug. 27, 2003]



Sec. 25.159  Limits on pending applications and unbuilt satellite systems.

    (a) Applicants with a total of five applications for GSO-like space 
station licenses on file with the Commission in a particular frequency 
band, or a total of five licensed-but-unbuilt GSO-like space stations in 
a particular frequency band, or a combination of pending GSO-like 
applications and licensed-but-unbuilt GSO-like space stations in a 
particular frequency band that equals five, will not be permitted to 
apply for another GSO-like space station license in that frequency band.
    (b) Applicants with an application for one NGSO-like satellite 
system license on file with the Commission in a particular frequency 
band, or one licensed-but-unbuilt NGSO-like satellite system in a 
particular frequency band, will not be permitted to apply for another 
NGSO-like satellite system license in that frequency band.
    (c) If an applicant has an attributable interest in one or more 
other entities seeking one or more space station licenses, the pending 
applications and licensed-but-unbuilt satellite systems filed by those 
other entities will be counted as filed by the applicant for purposes of 
the limits on the number of pending space station applications and 
licensed-but-unbuilt satellite systems in this paragraph. For purposes 
of this paragraph, an applicant has an ``attributable interest'' in 
another entity if:
    (1) It holds equity (including all stockholdings, whether voting or 
nonvoting, common or preferred) and debt interest or interests, in the 
aggregate, exceed thirty-three (33) percent of the total asset value 
(defined as the aggregate of all equity plus all debt) of that entity, 
or
    (2) It holds a controlling interest in that entity, or is the 
subsidiary of a party holding a controlling interest in that entity, 
within the meaning of 47 CFR 1.2110(b)(2).
    (3) For purposes of paragraphs (c)(1) and (c)(2) of this section, 
ownership interests shall be calculated on a fully diluted basis, i.e., 
all agreements, such as warrants, stock options, and convertible 
debentures, will generally be treated as if the rights thereunder 
already have been fully exercised.
    (d) In the event that a licensee misses three or more milestones 
within any three-year period, the Commission will presume that the 
licensee obtained one or more of those licenses for speculative 
purposes. Unless the licensee rebuts this presumption, it will not be 
permitted to apply for a GSO-like satellite or an NGSO-like satellite 
system in any frequency band if it has two or more satellite 
applications pending, or two licensed-but-unbuilt satellite systems of 
any kind. This limit will remain in effect until the licensee provides 
adequate information to demonstrate that it is very likely to construct 
its licensed facilities if it were allowed to file more applications.
    (e) For purposes of this section, ``frequency band'' means one of 
the paired frequency bands available for satellite service listed in 
Sec. 25.202.

[68 FR 51506, Aug. 27, 2003]

   Forfeiture, Termination, and Reinstatement of Station Authorization



Sec. 25.160  Administrative sanctions.

    (a) A forfeiture may be imposed for failure to operate in 
conformance with the Communications Act, license specifications, any 
conditions imposed on an authorization, or any of the Commission's rules 
and regulations; or for failure to comply with Commission requests for 
information needed to complete international coordination or for failure 
to cooperate in Commission investigations with respect to international 
coordination.

[[Page 315]]

    (b) A forfeiture will be imposed and the station license may be 
terminated for the malicious transmissions of any signal that causes 
harmful interference with any other radio communications or signals.
    (c) A station license may be revoked for any repeated and willful 
violation of the kind set forth in paragraphs (a) and (b) of this 
section.
    (d) The sanctions specified in paragraphs (a), (b), and (c) of this 
section will be imposed only after the licensee has been provided an 
opportunity to be heard pursuant to titles III and V of the 
Communications Act of 1934, as amended.
    (e) For purposes of this section, the term ``repeated'' and 
``willful'' are defined as set out in section 312(f) of the 
Communications Act, 47 U.S.C. 312(f).



Sec. 25.161  Automatic termination of station authorization.

    A station authorization shall be automatically terminated in whole 
or in part without further notice to the licensee upon:
    (a)(1) Failure to meet any applicable milestone for implementation 
of the licensed satellite system specified in Sec. Sec. 25.164(a) and/
or (b), without demonstrating that the failure was caused by 
circumstances beyond the licensee's control, or
    (2) If there are no applicable milestones for implementation of the 
licensed satellite system specified in Sec. Sec. 25.164(a) and/or (b), 
the expiration of the required date of completion of construction or 
other required action specified in the authorization, or after any 
additional time authorized by the Commission, if a certification of 
completion of the required action has not been filed with the Commission 
unless a request for an extension of time has been filed with the 
Commission but has not been acted on.
    (b) The expiration of the license period, unless an application for 
renewal of the license has been filed with the Commission pursuant to 
Sec. 25.120(e); or
    (c) The removal or modification of the facilities which renders the 
station not operational for more than 90 days, unless specific authority 
is requested.

[56 FR 24016, May 28, 1991, as amended at 68 FR 51507, Aug. 27, 2003]



Sec. 25.162  Cause for termination of interference protection.

    The protection from interference afforded by the registration of a 
receiving earth station shall be automatically terminated if:
    (a) The request for registration is not submitted to the Commission 
within 3 months of the completion of the frequency coordination process, 
except as provided for in Sec. 25.203;
    (b) The receiving earth station is not constructed and placed into 
service within 6 months after completion of coordination;
    (c) The Commission finds that the station has been used less than 
50% of the time during any 12 month period;
    (d) The Commission finds that the station has been used for an 
unlawful purpose or otherwise in violation of the Commission's rules, 
regulations or policies;
    (e) The Commission finds that the actual use of the facility is 
inconsistent with what was set forth in the registrant's application; or
    (f) The Commission finds that the frequency coordination exhibit, 
upon which the granted registration is based, is incomplete or does not 
conform with established coordination procedures.



Sec. 25.163  Reinstatement.

    (a) A station authorization terminated in whole or in part under the 
provisions of Sec. 25.161 may be reinstated if the Commission, in its 
discretion, determines that reinstatement would best serve the public 
interest, convenience and necessity. Petitions for reinstatement will be 
considered only if:
    (1) The petition is filed within 30 days after the expiration date 
set forth in Sec. 25.161(a) or Sec. 25.161(b), whichever is 
applicable;
    (2) The petition explains the failure to file a timely notification 
or renewal application; and
    (3) The petition sets forth with specificity the procedures which 
have been established to insure timely filings in the future.
    (b) A special temporary authorization shall automatically terminate 
upon the expiration date specified therein, or upon failure of the 
grantee to comply with any special terms or

[[Page 316]]

conditions set forth in the authorization. Temporary operation may be 
extended beyond the termination date only upon application to the 
Commission.



Sec. 25.164  Milestones.

    (a) Licensees of geostationary orbit satellite systems other than 
DBS and DARS satellite systems, including GSO MSS satellite systems, 
licensed on or after August 27, 2003 will be required to comply with the 
schedule set forth in paragraphs (a)(1) through (a)(4) of this section 
in implementing their satellite systems, unless a different schedule is 
established by Title 47, Chapter I, or by Commission Order, or by Order 
adopted pursuant to delegated authority. These dates are to be measured 
from the date the license is issued.
    (1) One year: Enter into a binding non-contingent contract to 
construct the licensed satellite system.
    (2) Two years: Complete the critical design review of the licensed 
satellite system.
    (3) Three years: Begin the construction of the satellite.
    (4) Five years: Launch and operate the satellite.
    (b) Licensees of non-geostationary orbit satellite systems other 
than DBS and DARS satellite systems licensed on or after September 11, 
2003, will be required to comply with the schedule set forth in 
paragraphs (b)(1) through (b)(5) of this section in implementing their 
satellite systems, unless a different schedule is established by Title 
47, Chapter I, or by Commission Order, or by Order adopted pursuant to 
delegated authority. These dates are to be measured from the date the 
license is issued.
    (1) One year: Enter into a binding non-contingent contract to 
construct the licensed satellite system.
    (2) Two years: Complete the critical design review of the licensed 
satellite system.
    (3) Two years, six months: Begin the construction of the first 
satellite in the licensed satellite system.
    (4) Three years, six months: Launch and operate the first satellite 
in the licensed satellite system.
    (5) Six years: Bring all the satellites in the licensed satellite 
system into operation.
    (c) Licensees of all satellite systems, other than DBS and DARS 
satellite systems, licensed on or after September 11, 2003, will be 
required to submit a copy of their binding non-contingent contract with 
the Commission on or before the date scheduled for entering into such a 
contract.
    (d) Licensees of all satellite systems, other than DBS and DARS 
satellite systems, licensed on or after September 11, 2003, will be 
required to submit information to the Commission sufficient to 
demonstrate that the licensee has completed the critical design review 
of the licensed satellite system on or before the date scheduled for 
entering into such completion.
    (e) Licensees of all satellite systems, other than DBS and DARS 
satellite systems, licensed on or after September 11, 2003, will be 
required to submit information to the Commission sufficient to 
demonstrate that the licensee has commenced physical construction of its 
licensed spacecraft on or before the date scheduled for such 
commencement.
    (f) In cases where the Commission grants a satellite authorization 
in different stages, such as a license for a satellite system using 
feeder links or intersatellite links, the earliest of the milestone 
schedules shall be applied to the entire satellite system.
    (g) Licensees of satellite systems that include both non-
geostationary orbit satellites and geostationary orbit satellites, other 
than DBS and DARS satellite systems, and licensed on or after September 
20, 2004 will be required to comply with the schedule set forth in 
paragraph (a) of this section with respect to the geostationary orbit 
satellites, and with the schedule set forth in paragraph (b) of this 
section with respect to the non-geostationary orbit satellites.

[68 FR 51507, Aug. 27, 2003, as amended at 69 FR 51587, Aug. 20, 2004]



Sec. 25.165  Posting of bonds.

    (a) For all satellite licenses issued after September 20, 2004, 
other than DBS licenses, DARS licenses, and replacement satellite 
licenses as defined

[[Page 317]]

in paragraph (e), the licensee is required to post a bond within 30 days 
of the grant of its license. Failure to post a bond will render the 
license null and void automatically.
    (1) NGSO licensees are required to post a bond in the amount of $5 
million.
    (2) GSO licensees are required to post a bond in the amount of $3 
million.
    (3) Licensees of satellite systems including both NGSO satellites 
and GSO satellites that operate in the same frequency bands as the NGSO 
satellites are required to post a bond in the amount of $5 million.
    (b) The licensee must use a surety company deemed acceptable within 
the meaning of 31 U.S.C. 9304 et seq. (See, e.g., Department of Treasury 
Fiscal Service, Companies Holding Certificates of Authority as 
Acceptable Sureties on Federal Bonds and As Acceptable Reinsurance 
Companies, 57 FR 29356, July 1, 1992.) The bond must name the U.S. 
Treasury as beneficiary in the event of the licensee's default. The 
licensee must provide the Commission with a copy of the performance 
bond, including all details and conditions.
    (c) A licensee will be considered to be in default if it fails to 
meet any milestone deadline set forth in Sec. 25.164, and, at the time 
of milestone deadline, the licensee has not provided a sufficient basis 
for extending the milestone.
    (d) A GSO licensee will be permitted to reduce the amount of the 
bond by $750,000 upon successfully meeting a milestone deadline set 
forth in section 25.164(a) of this chapter. An NGSO licensee will be 
permitted to reduce the amount of the bond by $1 million upon 
successfully meeting a milestone deadline set forth in section 25.164(b) 
of this chapter.
    (e) A replacement satellite is one that is:
    (1) Authorized to be operated at the same orbit location, in the 
same frequency bands, and with the same coverage area as one of the 
licensee's existing satellites, and
    (2) Scheduled to be launched so that it will be brought into use at 
approximately the same time as, but no later than, the existing 
satellite is retired.

[68 FR 51507, Aug. 27, 2003, as amended at 69 FR 51587, Aug. 20, 2004]



                      Subpart C_Technical Standards

    Source: 30 FR 7176, May 28, 1965, as amended at 36 FR 2562, Feb. 6, 
1971, unless otherwise noted.



Sec. 25.201  Definitions.

    Active satellite. An earth satellite carrying a station intended to 
transmit or re-transmit radiocommunication signals.
    Ancillary terrestrial component. The term ``ancillary terrestrial 
component'' means a terrestrial communications network used in 
conjunction with a qualifying satellite network system authorized 
pursuant to these rules and the conditions established in the Report and 
Order issued in IB Docket 01-185, Flexibility for Delivery of 
Communications by Mobile Satellite Service Providers in the 2 GHz Band, 
the L-Band, and the 1.6/2.4 GHz Band.
    Ancillary terrestrial component base station. The term ``ancillary 
terrestrial component base station'' means a terrestrial fixed facility 
used to transmit communications to or receive communications from one or 
more ancillary terrestrial component mobile terminals.
    Ancillary terrestrial component mobile terminal. The term 
``ancillary terrestrial component mobile terminal'' means a terrestrial 
mobile facility used to transmit communications to or receive 
communications from an ancillary terrestrial component base station or a 
space station.
    Base Earth Station. An earth station in the fixed-satellite service 
or, in some cases, in the land mobile-satellite service, located at a 
specified fixed point or within a specified area on land to provide a 
feeder link for the land mobile-satellite service. (RR)
    Coordination distance. For the purposes of this part, the expression 
``coordination distance'' means the distance from an earth station, 
within which there is a possibility of the use of a given transmitting 
frequency at this earth station causing harmful interference to stations 
in the fixed or

[[Page 318]]

mobile service, sharing the same band, or of the use of a given 
frequency for reception at this earth station receiving harmful 
interference from such stations in the fixed or mobile service.
    Direct Broadcast Satellite Service. A radiocommunication service in 
which signals transmitted or retransmitted by space stations, using 
frequencies specified in Sec. 25.202(a)(7), are intended for direct 
reception by the general public. For the purposes of this definition, 
the term direct reception shall encompass both individual reception and 
community reception.
    Earth station. A station located either on the Earth's surface or 
within the major portion of the Earth's atmosphere intended for 
communication:
    (a) With one or more space stations; or
    (b) With one or more stations of the same kind by means of one or 
more reflecting satellites or other objects in space.
    Equivalent power flux-density. The equivalent power flux-density 
(EPFD) is the sum of the power flux-densities produced at a 
geostationary satellite orbit (GSO) receive earth or space station on 
the Earth's surface or in the geostationary satellite orbit, as 
appropriate, by all the transmit stations within a non-geostationary 
satellite orbit fixed-satellite service (NGSO FSS) system, taking into 
account the off-axis discrimination of a reference receiving antenna 
assumed to be pointing in its nominal direction. The equivalent power 
flux-density, in dB(W/m2) in the reference bandwidth, is 
calculated using the following formula:
[GRAPHIC] [TIFF OMITTED] TR16FE01.031

Where:

Na is the number of transmit stations in the non-geostationary satellite 
orbit system that are visible from the GSO receive station considered on 
the Earth's surface or in the geostationary satellite orbit, as 
appropriate;
i is the index of the transmit station considered in the non-
geostationary satellite orbit system;
Pi is the RF power at the input of the antenna of the transmit station, 
considered in the non-geostationary satellite orbit system in dBW in the 
reference bandwidth;
2i is the off-axis angle between the boresight of the transmit station 
considered in the non-geostationary satellite orbit system and the 
direction of the GSO receive station;
Gt(2i) is the transmit antenna gain (as a ratio) of the station 
considered in the non-geostationary satellite orbit system in the 
direction of the GSO receive station;
di is the distance in meters between the transmit station considered in 
the non-geostationary satellite orbit system and the GSO receive 
station;
Ni is the off-axis angle between the boresight of the antenna of the GSO 
receive station and the direction of the ith transmit station considered 
in the non-geostationary satellite orbit system;
Gr(Ni) is the receive antenna gain (as a ratio) of the GSO receive 
station in the direction of the ith transmit station considered in the 
non-geostationary satellite orbit system;
Gr,max is the maximum gain (as a ratio) of the antenna of the 
GSO receive station;

    Fixed earth station. An earth station intended to be used at a 
specified fixed point.
    Fixed-Satellite Service. A radiocommunication service between earth 
stations at given positions, when one or more satellites are used; the 
given position may be a specified fixed point or any fixed point within 
specified areas; in some cases this service includes satellite-to-
satellite links, which may also be operated in the inter-satellite 
service; the fixed-satellite service may also include feeder links of 
other space radiocommunication services. (RR)
    Geostationary satellite. A geosynchronous satellite whose circular 
and direct orbit lies in the plane of the Earth's equator and which thus 
remains fixed relative to the Earth; by extension, a

[[Page 319]]

satellite which remains approximately fixed relative to the Earth.
    2 GHz Mobile Satellite Service. A mobile-satellite service that 
operated in the 2000-2020 MHz and 2180-2200 MHz frequency bands, or in 
any portion thereof.
    Inter-Satellite Service. A radiocommunication service providing 
links between artificial earth satellites.
    Land Earth Station. An earth station in the fixed-satellite service 
or, in some cases, in the mobile-satellite service, located at a 
specified fixed point or within a specified area on land to provide a 
feeder link for the mobile-satellite service. (RR)
    Land Mobile Earth Station. A mobile earth station in the land 
mobile-satellite service capable of surface movement within the 
geographical limits of a country or continent. (RR)
    Mobile earth station. An earth station intended to be used while in 
motion or during halts at unspecified points.
    Mobile-Satellite Service. A radiocommunication service:
    (1) Between mobile earth stations and one or more space stations, or 
between space stations used by this service; or
    (2) Between mobile earth stations, by means of one or more space 
stations.

    This service may also include feeder links necessary for its 
operation. (RR)
    NGSO FSS gateway earth station. A gateway earth station is an earth 
station complex consisting of multiple interconnecting earth station 
antennas supporting the communication routing and switching functions of 
a non-geostationary satellite orbit fixed-satellite service (NGSO FSS) 
system as a whole. A gateway earth station in the NGSO FSS:
    (1) Does not originate or terminate radiocommunication traffic, but 
interconnects multiple non-collocated user earth stations operating in 
frequency bands other than designated gateway bands, through a satellite 
with other primary terrestrial networks, such as the public switched 
telephone network (PSTN) and/or Internet networks.
    (2) Shall not be for the exclusive use of any customer.
    (3) May also be used for telemetry, tracking, and command 
transmissions for the same NGSO FSS system.
    (4) May include multiple antennas, each required to meet the antenna 
performance standard in Sec. 25.209(h), located within an area of one 
second latitude by one second longitude.
    (5) Is considered as a separate gateway earth station complex if it 
is out side of the area of one second latitude by one second longitude 
of paragraph (4) of this definition, for the purposes of coordination 
with terrestrial services.
    Non-Voice, Non-Geostationary Mobile-Satellite Service. A mobile-
satellite service reserved for use by non-geostationary satellites in 
the provision of non-voice communications which may include satellite 
links between land earth stations at fixed locations.
    1.6/2.4 GHz Mobile-Satellite Service. A mobile-satellite service 
that operates in the 1610-1626.5 MHz and 2483.5-2500 MHz frequency 
bands, or in any portion thereof.
    Passive satellite. An earth satellite intended to transmit radio 
communication signals by reflection.
    Protection areas. The geographic regions on the surface of the Earth 
where United States Department of Defense (``DoD'') meteorological 
satellite systems or National Oceanic and Atmospheric Administration 
(``NOAA'') meteorological satellite systems, or both such systems, are 
receiving signals from low earth orbiting satellites.
    Radiodetermination-Satellite Service. A radiocommunication service 
for the purpose of radiodetermination involving the use of one of more 
space stations. This service may also include feeder links necessary for 
its own operation. (RR)
    Satellite Digital Audio Radio Service (``DARS''). A 
radiocommunication service in which audio programming is digitally 
transmitted by one or more space stations directly to fixed, mobile, 
and/or portable stations, and which may involve complementary repeating 
terrestrial transmitters, telemetry, tracking and control facilities.
    Satellite system. A space system using one or more artificial earth 
satellites.
    Selected assignment. The term ``selected assignment'' means a 
spectrum

[[Page 320]]

assignment voluntarily identified by a 2 GHz MSS licensee at the time 
that the licensee's first 2 GHz mobile-satellite service satellite 
reaches its intended orbit, or other mobile-satellite service spectrum 
in which the Commission permits a 2 GHz mobile-satellite service 
licensee to conduct mobile-satellite service operations with authority 
superior to that of other in-band, mobile-satellite service licensees.
    Spacecraft. A man-made vehicle which is intended to go beyond the 
major portion of the Earth's atmosphere.
    Space operation service. A radiocommunication service concerned 
exclusively with the operation of spacecraft, in particular space 
tracking, space telemetry and space telecommand. These functions will 
normally be provided within the service in which the space station is 
operating.
    Space radiocommunication. Any radiocommunication involving the use 
of one or more space stations or the use of one or more reflecting 
satellites or other objects in space.
    Space station. A station located on an object which is beyond, is 
intended to go beyond, or has been beyond, the major portion of the 
Earth's atmosphere.
    Space system. Any group of cooperating earth stations and/or space 
stations employing space radiocommunication for specific purposes.
    Space telecommand. The use of radiocommunication for the 
transmission of signals to a space station to initiate, modify or 
terminate function of the equipment on a space object, including the 
space station.
    Space telemetering. The use of telemetering for the transmission 
from a space station of results of measurements made in a spacecraft, 
including those relating to the functioning of the spacecraft.
    Space tracking. Determination of the orbit, velocity or 
instantaneous position of an object in space by means of 
radiodetermination, excluding primary radar, for the purpose of 
following the movement of the object.
    Structural attenuation. The term ``structural attenuation'' means 
the signal attenuation caused by transmitting to and from mobile 
terminals which are located in buildings or other man-made structures 
that attenuate the transmission of radiofrequency radiation.
    Terrestrial radiocommunication. Any radiocommunication other than 
space radiocommunication or radio astronomy.
    Terrestrial station. A station effecting terrestrial 
radiocommunication.

[30 FR 7176, May 28, 1965, as amended at 36 FR 2562, Feb. 6, 1971; 48 FR 
40254, Sept. 6, 1983; 51 FR 18445, May 20, 1986; 54 FR 49993, Dec. 4, 
1989; 56 FR 42706, Aug. 29, 1991; 58 FR 68059, Dec. 23, 1993; 59 FR 
53329, Oct. 21, 1994; 62 FR 11105, Mar. 11, 1997; 62 FR 59296, Nov. 3, 
1997; 65 FR 59143, Oct. 4, 2000; 66 FR 10621, Feb. 16, 2001; 67 FR 
51114, Aug. 7, 2002; 68 FR 11993, Mar. 13, 2003; 68 FR 33650, June 5, 
2003; 68 FR 34338, June 9, 2003]



Sec. 25.202  Frequencies, frequency tolerance and emission limitations.

    (a)(1) Frequency band. The following frequencies are available for 
use by the fixed-satellite service. Precise frequencies and bandwidths 
of emission shall be assigned on a case-by-case basis. The Table 
follows:

------------------------------------------------------------------------
        Space-to-earth (GHz)                 Earth-to-space (GHz)
------------------------------------------------------------------------
3.7-4.2 \1\                          5.925-6.425 \1\
10.7-10.95 1, 12                     12.75-13.25 \1,\ 12, 14
10.95-11.2 1, 2, 12                  13.75-14 4, 12
11.2-11.45 1, 12                     14-14.2 \5\
11.45-11.7 1, 2, 12                  14.2-14.5
11.7-12.2 \3\                        17.3-17.8 \9\
12.2-12.7 \13\                       27.5-29.5 \1\
18.3-18.58 1, 10                     29.5-30
18.58-18.8 6, 10, 11                 1 47.2-50.2
18.8-19.3 7, 10
19.3-19.7 8, 10
19.7-20.2 \10\
37.5-40 15, 16
37.6-38.6
40-42 16
------------------------------------------------------------------------
\1\ This band is shared coequally with terrestrial radiocommunication
  services.
\2\ Use of this band by geostationary satellite orbit satellite systems
  in the fixed-satellite service is limited to international systems;
  i.e., other than domestic systems.
\3\ Fixed-satellite transponders may be used additionally for
  transmissions in the broadcasting-satellite service.
\4\ This band is shared on an equal basis with the Government
  radiolocation service and grandfathered space stations in the Tracking
  and Data Relay Satellite System.
\5\ In this band, stations in the radionavigation service shall operate
  on a secondary basis to the fixed-satellite service.
\6\ The band 18.58-18.8 GHz is shared co-equally with existing
  terrestrial radiocommunication systems until June 8, 2010.

[[Page 321]]

 
\7\ The band 18.8-19.3 GHz is shared co-equally with terrestrial
  radiocommunication services, until June 8, 2010. After this date, the
  sub-band 19.26-19.3 GHz is shared co-equally with existing terrestrial
  radiocommunication systems.
\8\ The use of the band 19.3-19.7 GHz by the fixed-satellite service
  (space-to-Earth) is limited to feeder links for the mobile-satellite
  service.
\9\ The use of the band 17.3-17.8 GHz by the fixed-satellite service
  (Earth-to-space) is limited to feeder links for broadcasting-satellite
  service, and the sub-band 17.7-17.8 GHz is shared co-equally with
  terrestrial fixed services.
\10\ This band is shared co-equally with the Federal Government fixed-
  satellite service.
\11\ The band 18.6-18.8 GHz is shared co-equally with the non-Federal
  Government and Federal Government Earth exploration-satellite
  (passive) and space research (passive) services.
\12\ Use of this band by non-geostationary satellite orbit systems in
  the fixed-satellite service is limited to gateway earth station
  operations.
\13\ Use of this band by the fixed-satellite service is limited to non-
  geostationary satellite orbit systems.
\14\ Use of this band by NGSO FSS gateway earth station uplink
  operations is subject to the provisions of Sec. 2.106 NG53.
\15\ Use of this band by the fixed-satellite service is limited to
  ``gateway'' earth station operations, provided the licensee under this
  Part obtains a license under Part 101 of this Chapter or an agreement
  from a Part 101 licensee for the area in which an earth station is to
  be located. Satellite earth station facilities in this band may not be
  ubiquitously deployed and may not be used to serve individual
  consumers.
\16\ The band 37.5-40.0 GHz is designated as being available for use by
  the fixed and mobile services and the band 40.0-42.0 GHz is designated
  as being available for use by the fixed-satellite service.

    (2) The following frequencies are available for use by the 
Radiodetermination Satellite Service:

1610-1626.5 MHz: User-to-Satellite Link
2483.5-2500 MHz: Satellite-to-User Link


Fixed-Satellite service frequencies may be used for links between 
radiodetermination satellites and control centers, including the 
following designated bands, subject to the Rules in this subpart:

5150-5216 MHz: Satellite-to-Control Center Link
6525-6541.5 MHz: Control Center-to-Satellite Link

    (3) The following frequencies are available for use by the non-
voice, non-geostationary mobile-satellite service:

137-138 MHz: Space-to-Earth
148-150.05 MHz: Earth-to-space
399.9-400.05 MHz: Earth-to-space
400.15-401 MHz: Space-to-Earth

    (4)(i) The following frequencies are available for use by the 1.6/
2.4 GHz Mobile-Satellite Service:

1610-1626.5 MHz: User-to-Satellite Link
1613.8-1626.5 MHz: Satellite-to-User Link (secondary)
2483.5-2500 MHz: Satellite-to-User Link

    (ii) The following frequencies are available for use by the 2 GHz 
Mobile-Satellite Service: 2000-2020 MHz: User-to-Satellite Link; 2180-
2200 MHz: Satellite-to-User Link.
    (iii)(A) The following frequencies are available for use by the L-
band Mobile-Satellite Service:

1525-1559 MHz: Space-to-Earth
1626.5-1660.5 MHz: Earth-to-space

    (B) The use of the frequencies 1544-1545 MHz and 1645.5-1646.5 MHz 
is limited to distress and safety communications.
    (5) The following frequencies are available for use by the inter-
satellite service:

22.55-23.00 GHz
23.00-23.55 GHz
24.45-24.65 GHz
24.65-24.75 GHz

    (6) The following spectrum is available for exclusive use by the 
satellite digital audio radio service:

2320-2345 MHz: space-to-Earth (primary).

    (7) The following frequencies are available for use by the Direct 
Broadcast Satellite service:

12.2-12.7 GHz: Space-to-Earth.

    (b) Other frequencies and associated bandwidths of emission may be 
assigned on a case-by-case basis to space systems under this part in 
conformance with Sec. 2.106 of this chapter and the Commission's rules 
and policies.
    (c) Orbital locations assigned to space stations licensed under this 
part by the commission are subject to change by summary order of the 
Commission on 30 days notice. An authorization to construct and/or to 
launch a space station becomes null and void if the construction is not 
begun or is not completed, or if the space station is not launched and 
positioned at its assigned orbital location and operations commenced in 
accordance with the station authorization, by the respective date(s) 
specified in the authorization. Frequencies and orbital location 
assignments are subject to the policies set forth in the Report and 
Order, FCC 83-184, adopted April 27, 1983 in CC Docket No. 81-704 and 
the Report and

[[Page 322]]

Order, adopted July 25, 1985 in CC Docket No. 84-1299 as modified by the 
Report and Order, adopted January 19, 1996 in IB Docket No. 95-41.
    (d) Frequency tolerance, Earth stations. The carrier frequency of 
each earth station transmitter authorized in these services shall be 
maintained within 0.001 percent of the reference frequency.
    (e) Frequency tolerance, space stations. The carrier frequency of 
each space station transmitter authorized in these services shall be 
maintained within 0.002 percent of the reference frequency.
    (f) Emission limitations. The mean power of emissions shall be 
attenuated below the mean output power of the transmitter in accordance 
with the following schedule:
    (1) In any 4 kHz band, the center frequency of which is removed from 
the assigned frequency by more than 50 percent up to and including 100 
percent of the authorized bandwidth: 25 dB;
    (2) In any 4 kHz band, the center frequency of which is removed from 
the assigned frequency by more than 100 percent up to and including 250 
percent of the authorized bandwidth: 35 dB;
    (3) In any 4 kHz band, the center frequency of which is removed from 
the assigned frequency by more than 250 percent of the authorized 
bandwidth: An amount equal to 43 dB plus 10 times the logarithm (to the 
base 10) of the transmitter power in watts;
    (4) In any event, when an emission outside of the authorized 
bandwidth causes harmful interference, the Commission may, at its 
discretion, require greater attenuation than specified in paragraphs (f) 
(1), (2) and (3) of this section.
    (g) Telemetry, tracking and telecommand functions for U.S. domestic 
satellites shall be conducted at either or both edges of the allocated 
band(s). Frequencies, polarization and coding shall be selected to 
minimize interference into other satellite networks and within their own 
satellite system.

[30 FR 7176, May 28, 1965, as amended at 36 FR 2562, Feb. 6, 1971; 38 FR 
8573, Apr. 4, 1973; 39 FR 33527, Sept. 18, 1974; 48 FR 40254, Sept. 6, 
1983; 50 FR 36079, Sept. 5, 1985; 51 FR 18445, May 20, 1986; 51 FR 
20975, June 10, 1986; 54 FR 49993, Dec. 4, 1989; 56 FR 24024, May 28, 
1991; 58 FR 13419, Mar. 11, 1993; 58 FR 68061, Dec. 23, 1993; 59 FR 
53329, Oct. 21, 1994; 61 FR 9952, Mar. 12, 1996; 61 FR 52307, Oct. 7, 
1996; 62 FR 11105, Mar. 11, 1997; 64 FR 2591, Jan. 15, 1999; 64 FR 6565, 
Feb. 10. 1999; 65 FR 54171, Sept. 7, 2000; 65 FR 59144, Oct. 4, 2000; 66 
FR 10622, Feb. 16, 2001; 66 FR 63515, Dec. 7, 2001; 67 FR 17299, Apr. 
10, 2002; 67 FR 39862, June 11, 2002; 67 FR 51114, Aug. 7, 2002; 68 FR 
11993, Mar. 13, 2003; 68 FR 16966, Apr. 8, 2003; 68 FR 34338, June 9, 
2003; 68 FR 74387, Dec. 23, 2003; 69 FR 52206, Aug. 25, 2004]



Sec. 25.203  Choice of sites and frequencies.

    (a) Sites and frequencies for earth stations, operating in frequency 
bands shared with equal rights between terrestrial and space services, 
shall be selected, to the extent practicable, in areas where the 
surrounding terrain and existing frequency usage are such as to minimize 
the possibility of harmful interference between the sharing services.
    (b) An applicant for an earth station authorization in a frequency 
band shared with equal rights with terrestrial microwave services shall 
compute the great circle coordination distance contour(s) for the 
proposed station in accordance with the procedures set forth in Sec. 
25.251. The applicant shall submit with the application a map or maps 
drawn to appropriate scale and in a form suitable for reproduction 
indicating the location of the proposed station and these contours. 
These maps, together with the pertinent data on which the computation of 
these contours is based, including all relevant transmitting and/or 
receiving parameters of the proposed station that is necessary in 
assessing the likelihood of interference, an appropriately scaled plot 
of the elevation of the local horizon as a function of azimuth, and the 
electrical characteristics of the earth station antenna(s), shall be 
submitted by the applicant in a single exhibit to the application. The 
coordination distance contour plot(s), horizon elevation plot, and 
antenna horizon gain plot(s)

[[Page 323]]

required by this section may also be submitted in tabular numerical 
format at 5[deg] azimuthal increments instead of graphical format. At a 
minimum, this exhibit shall include the information listed in paragraph 
(c)(2) of this section. An earth station applicant shall also include in 
the application relevant technical details (both theoretical 
calculations and/or actual measurements) of any special techniques, such 
as the use of artificial site shielding, or operating procedures or 
restrictions at the proposed earth station which are to be employed to 
reduce the likelihood of interference, or of any particular 
characteristics of the earth station site which could have an effect on 
the calculation of the coordination distance.
    (c) Prior to the filing of its application, an earth station 
applicant shall coordinate the proposed frequency usage with existing 
terrestrial users and with applicants for terrestrial station 
authorizations with previously filed applications in accordance with the 
following procedure:
    (1) An applicant for an earth station authorization shall perform an 
interference analysis in accordance with the procedures set forth in 
Sec. 25.251 for each terrestrial station, for which a license or 
construction permit has been granted or for which an application has 
been accepted for filing, which is or is to be operated in a shared 
frequency band to be used by the proposed earth station and which is 
located within the great circle coordination distance contour(s) of the 
proposed earth station.
    (2) The earth station applicant shall provide each such terrestrial 
station licensee, permittee, and prior filed applicant with the 
technical details of the proposed earth station and the relevant 
interference analyses that were made. At a minimum, the earth station 
applicant shall provide the terrestrial user with the following 
technical information:
    (i) The geographical coordinates of the proposed earth station 
antenna(s),
    (ii) Proposed operating frequency band(s) and emission(s),
    (iii) Antenna center height above ground and ground elevation above 
mean sea level,
    (iv) Antenna gain pattern(s) in the plane of the main beam,
    (v) Longitude range of geostationary satellite orbit (GSO) 
satellites at which antenna may be pointed, for proposed earth station 
antenna(s) accessing GSO satellites,
    (vi) Horizon elevation plot,
    (vii) Antenna horizon gain plot(s) determined in accordance with 
Sec. 25.251 for satellite longitude range specified in paragraph 
(c)(2)(v) of this section, taking into account the provisions of Sec. 
25.251 for earth stations operating with non-geostationary satellites,
    (viii) Minimum elevation angle,
    (ix) Maximum equivalent isotropically radiated power (e.i.r.p.) 
density in the main beam in any 4 kHz band, (dBW/4 kHz) for frequency 
bands below 15 GHz or in any 1 MHz band (dBW/MHz) for frequency band 
above 15 GHz,
    (x) Maximum available RF transmit power density in any 1 MHz band 
and in any 4 kHz band at the input terminals of the antenna(s),
    (xi) Maximum permissible RF interference power level as determined 
in accordance with Sec. 25.251 for all applicable percentages of time, 
and
    (xii) A plot of great circle coordination distance contour(s) and 
rain scatter coordination distance contour(s) as determined by Sec. 
25.251.
    (3) The coordination procedures specified in Sec. 101.103 of this 
chapter and Sec. 25.251 shall be applicable except that the information 
to be provided shall be that set forth in paragraph (c)(2) of this 
section, and that the 30-day period allowed for response to a request 
for coordination may be increased to a maximum of 45 days by mutual 
consent of the parties.
    (4) Where technical problems are resolved by an agreement or 
operating arrangement between the parties that would require special 
procedures be taken to reduce the likelihood of harmful interference 
(such as the use of artificial site shielding) or would result in 
lessened quality or capacity of either system, the details thereof shall 
be contained in the application.
    (5) The Commission may, in the course of examining any application, 
require the submission of additional showings, complete with pertinent 
data and calculations in accordance with

[[Page 324]]

Sec. 25.251, showing that harmful interference is not likely to result 
from the proposed operation.
    (d) An applicant for an earth station authorization shall also 
ascertain whether the great circle coordination distance contours and 
rain scatter coordination distance contours, computed for those values 
of parameters indicated in Sec. 25.251 (Appendix S7 of the ITU RR) for 
international coordination, cross the boundaries of another 
Administration. In this case, the applicant shall furnish the Commission 
copies of these contours on maps drawn to appropriate scale for use by 
the Commission in effecting coordination of the proposed earth station 
with the Administration(s) affected.
    (e) Protection for Table Mountain Radio Receiving Zone, Boulder 
County, Colorado.
    (1) Applicants for a station authorization to operate in the 
vicinity of Boulder County, Colorado under this part are advised to give 
due consideration, prior to filing applications, to the need to protect 
the Table Mountain Radio Receiving Zone from harmful interference. These 
are the research laboratories of the Department of Commerce, Boulder 
County, Colorado. To prevent degradation of the present ambient radio 
signal level at the site, the Department of Commerce seeks to ensure 
that the field strengths of any radiated signals (excluding reflected 
signals) received on this 1800 acre site (in the vicinity of coordinates 
40[deg]07[min]50[sec] N Latitude, 105[deg]14[min]40[sec] W Longitude) 
resulting from new assignments (other than mobile stations) or from the 
modification or relocation of existing facilities do not exceed the 
following values:

------------------------------------------------------------------------
                                                 In authorized bandwidth
                                                       of service
                                               -------------------------
                Frequency range                    Field      Power flux
                                                  strength     density1
                                                   (mV/m)     (dBW/m\2\)
------------------------------------------------------------------------
Below 540 kHz.................................           10        -65.8
540 to 1600 kHz...............................           20        -59.8
1.6 to 470 MHz................................           10       2-65.8
470 to 890 MHz................................           30       2-56.2
Above 890 MHz.................................            1       2-85.8
------------------------------------------------------------------------
\1\ Equivalent values of power flux density are calculated assuming free
  space characteristic impedance of 376.7=120[pi] ohms.
\2\ Space stations shall conform to the power flux density limits at the
  earth's surface specified in appropriate parts of the FCC rules, but
  in no case should exceed the above levels in any 4 kHz band for all
  angles of arrival.

    (2) Advance consultation is recommended particularly for those 
applicants who have no reliable data which indicates whether the field 
strength or power flux density figures in the above table would be 
exceeded by their proposed radio facilities (except mobile stations). In 
such instances, the following is a suggested guide for determining 
whether coordination is recommended:
    (i) All stations within 2.5 kilometers;
    (ii) Stations within 5 kilometers with 50 watts or more average 
effective radiated power (ERP) in the primary plane of polarization in 
the azimuthal direction of the Table Mountain Radio Receiving Zone;
    (iii) Stations within 15 kilometers with 1 kW or more average ERP in 
the primary plane of polarization in the azimuthal direction of Table 
Mountain Receiving Zone;
    (iv) Stations within 80 kilometers with 25 kW or more average ERP in 
the primary plane of polarization in the azimuthal direction of Table 
Mountain Receiving Zone.
    (3) Applicants concerned are urged to communicate with the Radio 
Frequency Management Coordinator, Department of Commerce, Research 
Support Services, NOAA R/E5X2, Boulder Laboratories, Boulder, CO 80303; 
telephone (303) 497-6548, in advance of filing their applications with 
the Commission.
    (4) The Commission will not screen applications to determine whether 
advance consultation has taken place. However, applicants are advised 
that such consultation can avoid objections from the Department of 
Commerce or proceedings to modify any authorization which may be granted 
which, in fact, delivers a signal at the site in excess of the field 
strength specified herein.
    (f) Notification to the National Radio Astronomy Observatory: In 
order to minimize possible harmful interference at the National Radio 
Astronomy Observatory site located at Green Bank, Pocahontas County, W. 
Va., and at the Naval Radio Research Observatory site at Sugar Grove, 
Pendleton County, W.

[[Page 325]]

Va. any applicant for a station authorization other than mobile, 
temporary base, temporary fixed, Personal Radio, Civil Air Patrol, or 
amateur seeking a station license for a new station, a construction 
permit to construct a new station or to modify an existing station 
license in a manner which would change either the frequency, power, 
antenna height or directivity, or location of such a station within the 
area bounded by 39[deg]15[min] N. on the north, 78[deg]30[min] W. on the 
east, 37[deg]30[min] N. on the south and 80[deg]30[min] W. on the west 
shall, at the time of filing such application with the Commission, 
simultaneously notify the Director, National Radio Astronomy 
Observatory, P.O. Box No. 2, Green Bank, W. Va. 24944, in writing, of 
the technical particulars of the proposed station. Such notification 
shall include the geographical coordinates of the antenna, antenna 
height, antenna directivity if any, proposed frequency, type of 
emission, and power. In addition, the applicant shall indicate in his 
application to the Commission the date notification was made to the 
observatory. After receipt of such applications, the Commission will 
allow a period of 20 days for comments or objections in response to the 
notifications indicated. If an objection to the proposed operation is 
received during the 20-day period from the National Radio Astronomy 
Observatory for itself or on behalf of the Naval Radio Research 
Observatory, the Commission will consider all aspects of the problem and 
take whatever action is deemed appropriate.
    (g) Protection for Federal Communications Commission monitoring 
stations:
    (1) Applicants in the vicinity of an FCC monitoring station for a 
radio station authorization to operate new transmitting facilities or 
changed transmitting facilities which would increase the field strength 
produced over the monitoring station over that previously authorized are 
advised to give consideration, prior to filing applications, to the 
possible need to protect the FCC stations from harmful interference. 
Geographical coordinates of the facilities which require protection are 
listed in Sec. 0.121(c) of the Commission's Rules. Applications for 
stations (except mobile stations) which will produce on any frequency a 
direct wave fundamental field strength of greater than 10 mV/m in the 
authorized bandwidth of service (-65.8 dBW/m\2\ 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/m\2\) at the reference coordinates, or if there is any 
question whether field strength levels might exceed the threshold value, 
advance consultation with the FCC to discuss any protection necessary 
should be considered. Prospective applicants may communicate with: 
Chief, Compliance and Information Bureau, Federal Communications 
Commission, Washington, DC 20554, Telephone (202) 632-6980.
    (3) Advance consultation is suggested particularly for those 
applicants who have no reliable data which indicates whether the field 
strength or power flux density figure indicated would be exceeded by 
their proposed radio facilities (except mobile stations). In such 
instances, the following is a suggested guide for determining whether an 
applicant should coordinate:
    (i) All stations within 2.5 kilometers;
    (ii) Stations within 5 kilometers with 50 watts or more average 
effective radiated power (ERP) in the primary plane of polarization in 
the azimuthal direction of the Monitoring Station;
    (iii) Stations within 15 kilometers with 1 kW or more average ERP in 
the primary plane of polarization in the azimuthal direction of the 
Monitoring Station;
    (iv) Stations within 80 kilometers with 25 kW or more average ERP in 
the primary plane of polarization in the azimuthal direction of the 
Monitoring Station.
    (4) Advance coordination for stations operating above 1000 MHz is 
recommended only where the proposed station is in the vicinity of a 
monitoring station designated as a satellite

[[Page 326]]

monitoring facility in Sec. 0.121(c) of the Commission's Rules and also 
meets the criteria outlined in paragraphs (h)(2) and (3) of this 
section.
    (5) The Commission will not screen applications to determine whether 
advance consultation has taken place. However, applicants are advised 
that such consultation can avoid objections from the Federal 
Communications Commission or modification of any authorization which 
will cause harmful interference.
    (h) Sites and frequencies for GSO and NGSO earth stations, operating 
in a frequency band where both have a co-primary allocation, shall be 
selected to avoid earth station antenna mainlobe-to-satellite antenna 
mainlobe coupling, between NGSO systems and between NGSO and GSO 
systems, in order to minimize the possibility of harmful interference 
between these services. Prior to filing an earth station application, in 
bands with co-primary allocations to NGSO and GSO earth stations, the 
applicant shall coordinate the proposed site and frequency usage with 
existing earth station licensees and with current earth station 
authorization applicants.
    (i) Any applicant for a new permanent transmitting fixed earth 
station authorization to be located on the islands of Puerto Rico, 
Desecheo, Mona, Vieques, and Culebra, or for a modification of an 
existing authorization which would change the frequency, power, antenna 
height, directivity, or location of such station on these islands and 
would increase the likelihood of the authorized facility causing 
interference, shall notify the Interference Office, Arecibo Observatory, 
Post Office Box 995, Arecibo, Puerto Rico 00613, in writing or 
electronically, of the technical parameters of the proposal. Applicants 
may wish to consult interference guidelines, which will be provided by 
Cornell University. Applicants who choose to transmit information 
electronically should e-mail to: [email protected]
    (1) The notification to the Interference Office, Arecibo Observatory 
shall be made prior to, or simultaneously with, the filing of the 
application with the Commission. The notification shall state the 
geographical coordinates of the antenna (NAD-83 datum), antenna height 
above ground, ground elevation at the antenna, antenna directivity and 
gain, proposed frequency and FCC Rule Part, type of emission, effective 
radiated power, and whether the proposed use is itinerant. Generally, 
submission of the information in the technical portion of the FCC 
license application is adequate notification. In addition, the applicant 
shall indicate in its application to the Commission the date 
notification was made to the Arecibo Observatory.
    (2) After receipt of such applications, the Commission will allow 
the Arecibo Observatory a period of 20 days for comments or objections 
in response to the notification indicated. The applicant will be 
required to make reasonable efforts in order to resolve or mitigate any 
potential interference problem with the Arecibo Observatory and to file 
either an amendment to the application or a modification application, as 
appropriate. If the Commission determines that an applicant has 
satisfied its responsibility to make reasonable efforts to protect the 
Observatory from interference, its application may be granted.
    (3) The provisions of this paragraph do not apply to operations that 
transmit on frequencies above 15 GHz.
    (j) Applicants for non-geostationary 1.6/2.4 GHz Mobile-Satellite 
Service/ Radiodetermination satellite service feeder links in the bands 
17.7-20.2 GHz and 27.5-30.0 GHz shall indicate the frequencies and 
spacecraft antenna gain contours towards each feeder-link earth station 
location and will coordinate with licensees of other fixed-satellite 
service and terrestrial-service systems sharing the band to determine 
geographic protection areas around each non-geostationary mobile-
satellite service/radiodetermination satellite service feeder-link earth 
station.
    (k) An applicant for an earth station that will operate with a 
geostationary satellite or non-geostationary satellite in a shared 
frequency band in which the non-geostationary system is (or is proposed 
to be) licensed for feeder links, shall demonstrate in its applications 
that its proposed earth station will not cause unacceptable interference 
to any other satellite network

[[Page 327]]

that is authorized to operate in the same frequency band, or certify 
that the operations of its earth station shall conform to established 
coordination agreements between the operator(s) of the space station(s) 
with which the earth station is to communicate and the operator(s) of 
any other space station licensed to use the band.

[30 FR 7176, May 28, 1965, as amended at 36 FR 2562, Feb. 6, 1971; 38 FR 
8573, Apr. 4, 1973; 42 FR 8329, Feb. 9, 1977; 44 FR 77167, Dec. 31, 
1979; 50 FR 40862, Oct. 7, 1985; 58 FR 13419, Mar. 11, 1993; 58 FR 
44904, Aug. 25, 1993; 59 FR 53329, Oct. 21, 1994; 61 FR 8477, Mar. 5, 
1996; 61 FR 9945, Mar. 12, 1996; 61 FR 44181, Aug. 28, 1996; 62 FR 
55531, Oct. 27, 1997; 65 FR 38325, June 20, 2000; 65 FR 59144, Oct. 4, 
2000; 66 FR 10622, Feb. 16, 2001]



Sec. 25.204  Power limits.

    (a) In bands shared coequally with terrestrial radio communication 
services, the equivalent isotropically radiated power transmitted in any 
direction towards the horizon by an earth station operating in frequency 
bands between 1 and 15 GHz, shall not exceed the following limits except 
as provided for in paragraph (c) of this section:

+40 dBW in any 4 KHz band for [thetas]: 0[deg]
+40+3 [thetas] dBW in any 4 KHz band for [thetas]<0[deg][lE]05[deg]


where [thetas] is the angle of elevation of the horizon viewed from the 
center of radiation of the antenna of the earth station and measured in 
degrees as positive above the horizontal plane and negative below it.
    (b) In bands shared coequally with terrestrial radio-communication 
services, the equivalent isotropically radiated power transmitted in any 
direction towards the horizon by an earth station operating in frequency 
bands above 15 GHz shall not exceed the following limits except as 
provided for in paragraph (c) of this section:

+64 dBW in any 1 MHz band for [thetas]<0[deg]
+64+3 [thetas] dBW in any 1 MHz band for 0[deg]<[alpha]<5[deg]


where [thetas] is as defined in paragraph (a) of this section.
    (c) For angles of elevation of the horizon greater than 5[deg] there 
shall be no restriction as to the equivalent isotropically radiated 
power transmitted by an earth station towards the horizon.
    (d) Notwithstanding the e.i.r.p. and e.i.r.p. density limits 
specified in the station authorization, each earth station transmission 
shall be conducted at the lowest power level that will provide the 
required signal quality as indicated in the application and further 
amended by coordination agreements.
    (e) For operations at frequencies above 10 GHz, earth station 
operators may exceed the uplink e.i.r.p. and e.i.r.p. density limits 
specified in the station authorization under the conditions of uplink 
fading due to precipitation by an amount not to exceed 1 dB above the 
actual amount of monitored excess attenuation over clear sky propagation 
conditions. The e.i.r.p. levels shall be returned to normal as soon as 
the attenuating weather pattern subsides. The maximum power level for 
power control purposes shall be coordinated between and among adjacent 
satellite operators.
    (f) In the band 13.75-14 GHz, an earth station in the fixed-
satellite service shall have a minimum antenna diameter of 4.5 m and the 
e.i.r.p. of any emission should be at least 68 dBW and should not exceed 
85 dBW. The e.i.r.p. density of emissions from any earth station in the 
FSS operating with a space station in geostationary-satellite orbit 
shall not exceed 71 dBW in any 6 MHz band from 13.77 to 13.78 GHz. The 
e.i.r.p. density of emissions from any earth station in the FSS 
operating with a space station in non-geostationary-satellite orbit 
shall not exceed 51 dBW in any 6 MHz band from 13.77 to 13.78 GHz. 
Automatic power control may be used to increase the e.i.r.p. density in 
the 6 MHz band in this frequency range to compensate for rain 
attenuation, to the extent that the power flux-density at the FSS space 
station does not exceed the value resulting from use by an earth station 
of an e.i.r.p. of 71 dBW or 51 dBW, as appropriate, in the 6 MHz band in 
clear-sky conditions.
    (g) All earth stations in the Fixed Satellite Service in the 20/30 
GHz band shall employ uplink adaptive power control or other methods of 
fade compensation such that the earth station transmissions shall be 
conducted at the power level required to meet the desired link 
performance while reducing

[[Page 328]]

the level of mutual interference between networks.

[48 FR 40255, Sept. 6, 1983, as amended at 58 FR 13420, Mar. 11, 1993; 
61 FR 52307, Oct. 7, 1996; 62 FR 61457, Nov. 18, 1997; 66 FR 10623, Feb. 
16, 2001]



Sec. 25.205  Minimum angle of antenna elevation.

    Earth station antennas shall not normally be authorized for 
transmission at angles less than 5[deg] measured from the horizontal 
plane to the direction of maximum radiation. However, upon a showing 
that the transmission path will be seaward and away from land masses or 
upon special showing of need for lower angles by the applicant, the 
Commission will consider authorizing transmissions at angles between 
3[deg] and 5[deg] in the pertinent directions. In certain instances, it 
may be necessary to specify minimum angles greater than 5[deg] because 
of interference considerations.

[48 FR 40255, Sept. 6, 1983]



Sec. 25.206  Station identification.

    The requirement for transmission of station identification is waived 
for all radio stations licensed under this part with the exception of 
satellite uplinks carrying broadband video information which are 
required to incorporate ATIS in accordance with the provisions set forth 
under Sec. 25.308 of these rules.

[55 FR 21551, May 25, 1990]



Sec. 25.207  Cessation of emissions.

    Space stations shall be made capable of ceasing radio emissions by 
the use of appropriate devices (battery life, timing devices, ground 
command, etc.) that will ensure definite cessation of emissions.



Sec. 25.208  Power flux density limits.

    (a) In the band 3700-4200 MHz, the power flux density at the Earth's 
surface produced by emissions from a space station for all conditions 
and for all methods of modulation shall not exceed the following values:

-152 dB(W/m\2\) in any 4 kHz band for angles of arrival between 0 and 5 
degrees above the horizontal plane;
-152+([delta]-5)/2 dB(W/m\2\) in any 4 kHz band for angles of arrival 
[delta] (in degrees) between 5 and 25 degrees above the horizontal 
plane; and
-142 dB(W/m\2\) in any 4 kHz band for angles of arrival between 25 and 
90 degrees above the horizontal plane


These limits relate to the power flux density which would be obtained 
under assumed free-space propagation conditions.
    (b) In the bands 10.95-11.2 and 11.45-11.7 GHz for GSO FSS space 
stations and 10.7-11.7 GHz for NGSO FSS space stations, the power flux-
density at the Earth's surface produced by emissions from a space 
station for all conditions and for all methods of modulation shall not 
exceed the lower of the following values:
    (1) -150 dB(W/m\2\) in any 4 kHz band for angles of arrival between 
0 and 5 degrees above the horizontal plane; -150 + ([delta]-5)/2 dB(W/
m\2\) in any 4 kHz band for angles of arrival ([delta]) (in degrees) 
between 5 and 25 degrees above the horizontal plane; and -140 dB(W/m\2\) 
in any 4 kHz band for angles of arrival between 25 and 90 degrees above 
the horizontal plane; or
    (2) -126 dB(W/m\2\) in any 1 MHz band for angles of arrival between 
0 and 5 degrees above the horizontal plane; -126 + ([delta]-5)/2 dB(W/
m\2\) in any 1 MHz band for angles of arrival ([delta]) (in degrees) 
between 5 and 25 degrees above the horizontal plane; and -116 dB(W/m\2\) 
in any 1 MHz band for angles of arrival between 25 and 90 degrees above 
the horizontal plane.

    Note to paragraph (b): These limits relate to the power flux 
density, which would be obtained under assumed free-space propagation 
conditions.

    (c) In the 18.3-18.8 GHz, 19.3-19.7 GHz, 22.55-23.00 GHz, 23.00-
23.55 GHz, and 24.45-24.75 GHz frequency bands, the power flux-density 
at the Earth's surface produced by emissions from a space station for 
all conditions for all methods of modulation shall not exceed the 
following values:
    (1) -115 dB (W/m\2\) in any 1 MHz band for angles of arrival between 
0 and 5 degrees above the horizontal plane.
    (2) -115 + 0.5 (d-5) dB (W/m\2\) in any 1 MHz band for angles of 
arrival d (in degrees) between 5 and 25 degrees above the horizontal 
plane.

[[Page 329]]

    (3) -105 dB (W/m\2\) in any 1 MHz band for angles of arrival between 
25 and 90 degrees above the horizontal plane.
    (d) In addition to the limits specified in paragraph (c) of this 
section, the power flux-density across the 200 MHz band 18.6-18.8 GHz 
produced at the Earth's surface by emissions from a space station under 
assumed free-space propagation conditions shall not exceed -95 dB (W/
m\2\) for all angles of arrival. This limit may be exceeded by up to 3 
dB for no more than 5% of the time.
    (e) In the 18.8-19.3 GHz frequency band, the power flux-density at 
the Earth's surface produced by emissions from a space station for all 
conditions and for all methods of modulation shall not exceed the 
following values:

-115-X dB(W/m2/MHz)................  for 0[deg] <= [delta] < 5[deg]
-115-X+((10+X)/20)([delta]-5)dB(W/   for 5[deg] <= [delta] < 25[deg]
 m2/MHz).
-105 dB(W/m2/MHz)..................  for 25[deg] <= [delta] < 90[deg]
 

Where:

[delta]: is the angle of arrival above the horizontal plane; and
X is defined as a function of the number of satellites in the non-GSO 
FSS constellation, n, as follows:

for n <= 50..............................  X = 0 (dB)
for 50 < n <= 288........................  X = (5/119) (n - 50) (dB)
for n  288....................  X = (1/69) (n + 402) (dB)
 

    (f) [Reserved]
    (g) In the frequency bands 10.7-11.7 GHz and 11.7-12.2 GHz, the 
single-entry equivalent power-flux density in the space-to-Earth 
direction (EPFDdown), at any point on the Earth's surface, 
produced by emissions from all co-frequency space stations of a single 
non-geostationary-satellite orbit (NGSO) system operating in the fixed-
satellite service (FSS) shall not exceed the following limits for the 
given percentages of time. Tables 1G and 2G follow:

Table 1G--Single-Entry EPFDdown Limits for Protection of 0.6, 1.2, 3 and 10 Meter GSO FSS Earth Station Antennas
                                                       1 2
----------------------------------------------------------------------------------------------------------------
                                                         Percentage of
                                         Single-entry     time during      Reference        Reference antenna
Frequency band (GHz) for International  EPFDdown dB(W/  which EPFDdown     bandwidth     diameter and reference
              Allocations                    m\2\)       level may not       (kHz)        radiation pattern \3\
                                                          be exceeded
----------------------------------------------------------------------------------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in          -175.4               0                  60 cm, Recommendation
 Region 2; 12.2-12.5 in Region 3; and             -174              90              40   ITU-R S.1428.
 12.5-12.75 in Regions 1 and 3.                 -170.8              99
                                                -165.3           99.73
                                                -160.4          99.991
                                                  -160          99.997
                                                  -160             100
---------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in          -181.9               0                  1.2 m, Recommendation
 Region 2; 12.2-12.5 in Region 3; and           -178.4            99.5              40   ITU-R S.1428.
 12.5-12.75 in Regions 1 and 3.                 -173.4           99.74
                                                  -173          99.857
                                                  -164          99.954
                                                -161.6          99.984
                                                -161.4          99.991
                                                -160.8          99.997
                                                -160.5          99.997
                                                  -160         99.9993
                                                  -160             100
---------------------------------------

[[Page 330]]

 
10.7-11.7 in all Regions; 11.7-12.2 in         -190.45               0                  3 m, Recommendation ITU-
 Region 2; 12.2-12.5 in Region 3; and          -189.45              90              40   R S.1428.
 12.5-12.75 in Regions 1 and 3.                -187.45            99.5
                                                -182.4            99.7
                                                  -182          99.855
                                                  -168          99.971
                                                  -164          99.988
                                                  -162          99.995
                                                  -160          99.999
                                                  -160             100
---------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in         -195.45               0                  10 m, Recommendation ITU-
 Region 2; 12.2-12.5 in Region 3; and          -195.45              99              40   R S.1428.
 12.5-12.75 in Regions 1 and 3.                   -190           99.65
                                                  -190           99.71
                                                -172.5           99.99
                                                  -160          99.998
                                                  -160             100
----------------------------------------------------------------------------------------------------------------
\1\ In addition to the limits shown in Table 1G, the limits shown in Table 2G shall apply to all antenna sizes
  greater than 60 cm in the frequency bands listed in Table 1G.
\2\ For each reference antenna diameter, the limit consists of the complete curve on a plot which is linear in
  decibels for the EPFD levels and logarithmic for the time percentages, with straight lines joining the data
  points.
\3\ The earth station antenna reference radiation patterns are to be used only for the calculation of
  interference from NGSO FSS systems into GSO FSS systems.


 Table 2G--Single-Entry EPFDdown Limits Radiated By Non-GSO FSS Systems
                          At Certain Latitudes
------------------------------------------------------------------------
 100% of the time EPFDdown dB(W/(m2/40     Latitude (North or South in
                 kHz))                               degrees)
------------------------------------------------------------------------
-160...................................  0 < [bond] Latitude [bond] <=
                                          57.5.
-160 + 3.4 (57.5 - [bond] Latitude       57.5 < [bond] Latitude [bond]
 [bond] )/4.                              <= 63.75
-165.3.................................  63.75 <= [bond] Latitude [bond]
------------------------------------------------------------------------

    Note to paragraph (g): These limits relate to the equivalent power 
flux density, which would be obtained under free-space propagation 
conditions, for all conditions and for all methods of modulation.

    (h) In the frequency bands 10.7-11.7 GHz and 11.7-12.2 GHz, the 
aggregate equivalent power-flux density in the space-to-Earth direction 
(EPFDdown), at any point on the Earth's surface, produced by 
emissions from all co-frequency space stations of all non-geostationary-
satellite orbit systems operating in the fixed-satellite service (FSS) 
shall not exceed the following limits for the given percentages of time. 
Tables 1H and 2H follow:

 Table 1H--Aggregate EPFDdown Limits for Protection of 0.6, 1.2, 3 and 10 Meter GSO FSS Earth Station Antennas 1
----------------------------------------------------------------------------------------------------------------
                                                         Percentage of
                                           Aggregate      time during      Reference        Reference antenna
Frequency band (GHz) for International  EPFDdown dB(W/  which EPFDdown     bandwidth     diameter and reference
              Allocations                    m\2\)        may not be         (kHz)        radiation pattern \2\
                                                           exceeded
----------------------------------------------------------------------------------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in            -170               0                  60 cm, Recommendation
 Region 2; 12.2-12.5 in Region 3; and           -168.6              90              40   ITU-R S.1428.
 12.5-12.75 in Regions 1 and 3.                 -165.3              99
                                                -160.4           99.97
                                                  -160           99.99
                                                  -160             100
---------------------------------------

[[Page 331]]

 
10.7-11.7 in all Regions; 11.7-12.2 in          -176.5               0                  1.2 m, Recommendation
 Region 2; 12.2-12.5 in Region 3; and             -173            99.5              40   ITU-R S.1428.
 12.5-12.75 in Regions 1 and 3.                   -164           99.84
                                                -161.6          99.945
                                                -164.4           99.97
                                                -160.8           99.99
                                                -160.5           99.99
                                                  -160         99.9975
                                                  -160             100
---------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in            -185               0                  3 m, Recommendation ITU-
 Region 2; 12.2-12.5 in Region 3; and             -184              90              40   R S.1428.
 12.5-12.75 in Regions 1 and 3.                   -182            99.5
                                                  -168            99.9
                                                  -164           99.96
                                                  -162          99.982
                                                  -160          99.997
                                                  -160             100
---------------------------------------
10.7-11.7 in all Regions; 11.7-12.2 in            -190               0                  10 m, Recommendation ITU-
 Region 2; 12.2-12.5 in Region 3; and             -190              99              40   R S.1428.
 12.5-12.75 in Regions 1 and 3.                   -166           99.99
                                                  -160          99.998
                                                  -160             100
----------------------------------------------------------------------------------------------------------------
\1\ In addition to the limits shown in Table 1H, the aggregate EPFDdown limits shown in Table 2H shall apply to
  all antenna sizes greater than 60 cm in the frequency bands listed in Table 1H.
\2\ The earth station antenna reference patterns are to be used only for the calculation of interference from
  NGSO FSS systems into GSO FSS systems.


 Table 2H--Single-Entry EPFDdown Limits Radiated By Non-GSO FSS Systems
                          At Certain Latitudes
------------------------------------------------------------------------
 100% of the time EPFDdown dB(W/(m2/40     Latitude (North or South in
                 kHz))                               degrees)
------------------------------------------------------------------------
-160...................................  0 < [bond] Latitude [bond] <=
                                          57.5
-160 + 3.4 (57.5 - [bond] Latitude       57.5 < [bond] Latitude [bond]
 [bond])/4.                               <= 63.75
-165.3.................................  63.75 <= [bond] Latitude [bond]
------------------------------------------------------------------------

    Note to paragraph (h): These limits relate to the equivalent power 
flux density, which would be obtained under free-space propagation 
conditions, for all conditions and for all methods of modulation.

    (i) In the frequency bands 10.7-11.7 GHz and 11.7-12.2 GHz, the 
additional operational equivalent power-flux density, in the space-to-
Earth direction, (additional operational EPFDdown) at any 
point on the Earth's surface, produced by actual operational emissions 
from all co-frequency space stations of a non-geostationary-satellite 
orbit (NGSO) system operating in the fixed-satellite service (FSS) shall 
not exceed the following operational limits for the given percentages of 
time:

  Additional Operational Limits on the EPFDdown Radiated by Non-GSO FSS Systems Into 3 m and 10 m GSO FSS Earth
                                                Station Antennas
----------------------------------------------------------------------------------------------------------------
                                                      Percentage of time during
            EPFDdown dB(W/(m2/40 kHz))                which EPFDdown may not be      Receive GSO earth station
                                                               exceeded                 antenna diameter (m)
----------------------------------------------------------------------------------------------------------------
-182..............................................                          99.9
-179..............................................                         99.94
-176..............................................                         99.97
-171..............................................                         99.98
-168..............................................                        99.984                              3
-165..............................................                        99.993

[[Page 332]]

 
-163..............................................                        99.999
-161.25...........................................                      99.99975
 
-161.25...........................................                           100
-185..............................................                         99.97
-183..............................................                         99.98
-179..............................................                         99.99
-175..............................................                        99.996
-171..............................................                        99.998                             10
-168..............................................                        99.999
-166..............................................                       99.9998
-166..............................................                           100
----------------------------------------------------------------------------------------------------------------

    Note to paragraph (i): These limits relate to the equivalent power 
flux density, which is obtained under free-space propagation conditions, 
for all conditions and for all methods of modulation.

    (j) In the frequency bands 10.7-11.7 GHz and 11.7-12.2 GHz, the 
operational equivalent power-flux density, in the space-to-Earth 
direction, (operational EPFDdown) at any point on the Earth's 
surface, produced by actual operational emissions from the in-line co-
frequency space station of a non-geostationary-satellite orbit (NGSO) 
system operating in the fixed-satellite service (FSS) shall not exceed 
the following operational limits for 100% of the time:

        Operational Limits to the EPFDdown Radiated by Non-GSO FSS Systems in Certain Frequency Bands\1\
----------------------------------------------------------------------------------------------------------------
                                                          Percentage
                                                           of time                 Receive GSO
                                                            during     Reference      earth          Orbital
  Frequency band (GHz) for International      EPFDdown      which      bandwidth     station     inclination of
                allocations                  dB(W/m\2\)    EPFDdown      (kHz)       antenna      GSO satelite
                                                          may not be                 diameter       (degrees)
                                                           exceeded                  \2\ (m)
----------------------------------------------------------------------------------------------------------------
Prior to 31 December 2005: 10.7-11.7 in            -163                                      3
 all Regions; 11.7-12.2 in Regions 2; 12.2-        -166          100           40            6             <=2.5
 12.5 in Region 3; and 12.5;-12.75 in            -167.5                                      9
 Regions 1 and 3..........................       -169.5                            
                                                                                           =18
Prior to 31 December 2005: 10.7-11.7 in            -160                                      3
 all Regions; 11.7-12.2 in Region 2; 12.2-         -163          100           40            6    2.5
 12.5 in Region 3; and 12.5-12.75 in             -164.5                                      9         and <=4.5
 Regions 1 and 3..........................       -166.5                            
                                                                                           =18
-------------------------------------------
From 31 December 2005: 10.7-11.7 in all         -161.25                                      3
 Regions; 11.7-12.2 in Region 2; 12.2-12.5         -164          100           40            6             <=2.5
 in Region 3; and 12.5-12.75 in Regions 1        -165.5                                      9
 and 3....................................       -167.5                            
                                                                                           =18
-------------------------------------------
From 31 December 2005: 10.7-11.7 in all         -158.25                                      3
 Regions; 11.7-12.2 in Region 2; 12.2-12.5         -161          100           40            6    2.5
 in Region 3; and 12.5-12.75 in Regions 1        -162.5                                      9         and <=4.5
 and 3....................................       -164.5                            
                                                                                           =18
-------------------------------------------
----------------------------------------------------------------------------------------------------------------
\1\ The operational limits on the EPFDdown radiated by non-GSO FSS systems shall be the values given in Table 2G
  or this table, whichever are the more stringent.
\2\ For antenna diameters between the values given in this table, the limits are given by linear interpolation
  using a linear scale for EPFDdown in decibels and a logarithmic scale for antenna diameter in meters.


[[Page 333]]

    Note to paragraph (j): These limits relate to the operational 
equivalent power flux-density which would be obtained under free-space 
propagation conditions, for all conditions, for all methods of 
modulation and for the specified inclined GSO FSS operations.

    (k) In the frequency bands 12.75-13.15 GHz, 13.2125-13.25 GHz and 
13.75-14.5 GHz, the equivalent power flux-density, in the Earth-to-space 
direction, (EPFDup) produced at any point on the 
geostationary satellite orbit (GSO) by the emissions from all co-
frequency earth stations in a non-geostationary satellite orbit fixed-
satellite service (NGSO FSS) system, for all conditions and for all 
methods of modulation, shall not exceed the following limits for the 
specified percentages of time limits:

                  Limits to the EPFDup Radiated by NGSO FSS Systems in Certain Frequency Bands
----------------------------------------------------------------------------------------------------------------
                                                      Percentage
                                                       of time
                                                        during     Reference
Frequency band (GHz) for International  EPFDup dB(W/    which      bandwidth    Reference antenna beamwidth and
              Allocations                  m\2\)      EPFDup may     (kHz)      reference radiation pattern \1\
                                                        not be
                                                       exceeded
----------------------------------------------------------------------------------------------------------------
12.5-12.75; 12.75-13.25; 13.75-14.5...         -160          100           40  4[deg]
                                                                               ITU-R S.672-4,
                                                                               Ls=-20
----------------------------------------------------------------------------------------------------------------
\1\ For the case of Ls = -10, the values a = 1.83 and b = 6.32 should be used in the equations in the Annex of
  Recommendation ITU-R S.672-4 for single-feed circular beams. In all cases of Ls, the parabolic main beam
  equation should start at zero.

    Note to paragraph (k): These limits relate to the uplink equivalent 
power flux density, which would be obtained under free-space propagation 
conditions, for all conditions and for all methods of modulation.

    (l) In the frequency bands 11.7-12.2 GHz and 12.5-12.75 GHz in 
Region 3, 11.7-12.5 GHz in Region 1 and 12.2-12.7 GHz in Region 2, the 
single-entry equivalent power-flux density, in the space-to-Earth 
direction, (EPFDdown), at any point on the Earth's surface, 
produced by emissions from all co-frequency space stations of a single 
non-geostationary-satellite orbit (NGSO) system operating in the fixed-
satellite service (FSS) shall not exceed the following limits in Tables 
1L and 2L for the given percentages of time:

Table 1L--Single-Entry EPFD Down Limits for Protection of 30, 45, 60, 90, 120, 180, 240 and 300 CM GSO BSS Earth
                                            Station Antennas 1 2 3 5
----------------------------------------------------------------------------------------------------------------
                                                         Percentage of
                                                          time during      Reference        Reference antenna
Frequency band (GHz) for international  EPDF down dB(W/ which EPFDdown     bandwidth     diameter and reference
              allocations                    m\2\)       level may not       (kHz)        radiation pattern \4\
                                                          be exceeded
----------------------------------------------------------------------------------------------------------------
11.7-12.5 in Region 1; 1.7-12.2 and           -165.841               0              40  30 cm
 12.5-12.75 in Region 3; 12.2-12.7 in         -165.541              25                  Recommendation ITU-R
 Region 2.                                    -164.041              96                  BO.1443 Annex 1
                                                -158.6          98.857
                                                -158.6          99.429
                                               -158.33          99.429
                                               -158.33          99.429
                                                                   100
11.7-12.5 in Region 1; 1.7-12.2 and           -175.441               0              40  45 cm
 12.5-12.75 in Region 3; 12.2-12.7 in         -172.441              66                  Recommendation ITU-R
 Region 2.                                    -169.441           97.75                  BO.1443 Annex 1
                                                  -164          99.357
                                               -160.75          99.809
                                                  -160          99.986
                                                  -160             100
---------------------------------------

[[Page 334]]

 
11.7-12.5 in Region 1; 1.7-12.2 and           -176.441               0              40  60 cm
 12.5-12.75 in Region 3; 12.2-12.7 in         -173.191            97.8                  Recommendation ITU-R
 Region 2.                                     -167.75          99.371                  BO. 1443 Annex 1
                                                  -162          99.886
                                                  -161          99.943
                                                -160.2          99.971
                                                  -160          99.997
                                                  -160             100
---------------------------------------
11.7-12.5 in Region 1; 1.7-12.2 and            -178.94               0              40  90 cm
 12.5-12.75 in Region 3; 12.2-12.7 in          -178.44              33                  Recommendation ITU-R
 Region 2.                                     -176.44              98                  BO.1443 Annex 1
                                                  -171          99.429
                                                -165.5          99.714
                                                  -163          99.857
                                                  -161          99.943
                                                  -160          99.991
                                                  -160             100
---------------------------------------
11.7-12.5 in Region 1; 1.7-12.2 and            -182.44               0              40  120 cm
 12.5-12.75 in Region 3; 12.2-12.7 in          -180.69              90                  Recommendation ITU-R
 Region 2.                                     -179.19            98.9                  BO.1443 Annex 1
                                               -178.44            98.9
                                               -174.94            99.5
                                               -173.75           99.68
                                                  -173           99.68
                                                -169.5           99.85
                                                -167.8          99.915
                                                  -164           99.94
                                                -161.9           99.97
                                                  -161           99.99
                                                -160.4          99.998
                                                  -160             100
---------------------------------------
11.7-12.5 in Region 1; 1.7-12.2 and           -184.941               0              40  180 cm \3\
 12.5-12.75 in Region 3; 12.2-12.7 in         -184.101              33                  Recommendation ITU-R
 Region 2.                                    -181.691            98.5                  BO.1443 Annex 1
                                               -176.25          99.571
                                               -163.25          99.946
                                                -161.5          99.974
                                               -160.35          99.993
                                                  -160          99.999
                                                  -160             100
---------------------------------------
11.7-12.5 in Region 1; 1.7-12.2 and           -187.441               0              40  240 cm \2\
 12.5-12.75 in Region 3; 12.2-12.7 in         -186.341              33                  Recommendation ITU-R
 Region 2.                                    -183.441           99.25                  BO.1443 Annex 1
                                                  -178          99.786
                                                -161.4          99.957
                                                -161.9          99.983
                                                -160.5          99.994
                                                  -160          99.999
                                                  -160             100
---------------------------------------
11.7-12.5 in Region 1; 1.7-12.2 and           -191.941               0              40  300 cm
 12.5-12.75 in Region 3; 12.2-12.7 in         -189.441              33                  Recommendation ITU-R
 Region 2.                                    -185.941            99.5                  BO.1443 Annex 1
                                                -180.5          99.857
                                                  -173          99.914
                                                  -167          99.951
                                                  -162          99.983
                                                  -160          99.991
                                                  -160             100
----------------------------------------------------------------------------------------------------------------
\1\ For BSS antenna diameters 180 cm, 240 cm and 300 cm, in addition to the single-entry limits shown in Table
  1L, the limits in Table 2L shall also apply in the frequency band listed in Table 1L.

[[Page 335]]

 
\2\ For 240 cm GSO BSS earth station antennas located in Alaska, communicating with GSO BSS satellites at the
  91[deg] W.L., 101[deg] W.L., 110[deg] W.L., 119[deg] W.L. and 148[deg] W.L. nominal orbital locations with
  elevation angles greater than 5[deg], -167 dB(W/(m2/40 kHz)) single-entry 100% of the time operational
  EPFDdown limit also applies to receive antennas.
\3\ For 180 cm GSO BSS earth station antennas located in Hawaii communicating with GSO BSS satellites that are
  operational as of December 30, 1999 at the 110[deg] W.L., 119[deg] W.L. and 148[deg] W.L. nominal orbital
  positions, -162.5 dB(W/(m2/40 kHz)) single-entry 100% of the time operational EPFDdown limit also applies.
\4\ Under the section reference pattern of Annex 1 to Recommendation ITU-R BO.1443 shall be used only for the
  calculation of interference from non-GSO FSS systems into BSS systems.
\5\ For each reference antenna diameter, the limit consists of the complete curve on a plot which is linear in
  decibels for the EPFD levels and logarithmic for the time percentages, with straight line joining the data
  points.


 Table 2L--Single-Entry EPFDdown Limits Radiated By Non-GSO FSS Systems
                          At Certain Latitudes
------------------------------------------------------------------------
 100% of the time EPFDdown dB(W/(m2/40     Latitude (North or South in
                 kHz))                               degrees)
------------------------------------------------------------------------
-160.0.................................  0 <= [bond] Latitude [bond] <=
                                          57.5
-160.0 + 3.4 (57.5 - [bond] Latitude     57.5 <= [bond] Latitude [bond]
 [bond])/4.                               <= 63.75
-165.3.................................  63.75 <= [bond] Latitude [bond]
------------------------------------------------------------------------

    Note to paragraph (l): These limits relate to the equivalent power 
flux density, which would be obtained under free-space propagation 
conditions, for all conditions and for all methods of modulation.

    (m) In the frequency bands 11.7-12.2 GHz and 12.5-12.75 GHz in 
Region 3, 11.7-12.5 GHz in Region 1 and 12.2-12.7 GHz in Region 2, the 
aggregate equivalent power-flux density, in the space-to-Earth 
direction, (EPFDdown) at any point on the Earth's surface, 
produced by emissions from all co-frequency space stations of all non-
geostationary-satellite orbit systems operating in the fixed-satellite 
service (FSS) shall not exceed the following limits in Tables 1M and 2M 
for the given percentages of time:

[[Page 336]]



  Table 1M--Aggregate EPFDdown Limits for Protection of 30, 45, 60, 90, 120, 180, 240 and 300 cm GSO BSS Earth
                                           Station Antennas 1, 2, 3 5
----------------------------------------------------------------------------------------------------------------
                                              Percentage
                                               of time
                                                during
   Frequency band (GHz) for     EPFDdown dB     which      Reference   Reference antenna diameter, and reference
   international allocations      (W/m\2\)     EPFDdown    bandwidth             radiation pattern \4\
                                              level may      (kHz)
                                                not be
                                               exceeded
----------------------------------------------------------------------------------------------------------------
11.7-12.5 in Region 1; 11.7-         -160.4            0  ...........  30 cm
 12.2 and 12.5-12.75 in Region       -160.1           25           40  Recommendation ITU-R
 3; 12.2-12.7 in Region 2.           -158.6           96               BO.1443
                                     -158.6           98               Annex 1.
                                    -158.33           98
                                    -158.33          100
-------------------------------
11.7-12.5 in Region 1; 11.7-           -170            0  ...........  45 cm
 12.2 and 12.5-12.75 in Region         -167           66           40  Recommendation ITU-R
 3; 12.2-12.7 in Region 2.             -164        97.75               BO.1443
                                    -160.75        99.33               Annex 1.
                                       -160        99.95
                                       -160          100
-------------------------------
11.7-12.5 in Region 1; 11.7-           -171            0  ...........  60 cm
 12.2 and 12.5-12.75 in Region      -168.75           90           40  Recommendation ITU-R
 3; 12.2-12.7 in Region 2.          -167.75         97.8               BO.1443
                                       -162         99.6               Annex 1.
                                       -161         99.8
                                     -160.2         99.9
                                       -160        99.99
                                       -160          100
-------------------------------
11.7-12.5 in Region 1; 11.7-        -173.75            0  ...........  90 cm
 12.2 and 12.5-12.75 in Region         -173           33           40  Recommendation ITU-R
 3; 12.2-12.7 in Region 2.             -171           98               BO.1443
                                     -165.5         99.1               Annex 1.
                                       -163         99.5
                                       -161         99.8
                                       -160        99.97
                                       -160          100
-------------------------------

[[Page 337]]

 
11.7-12.5 in Region 1; 11.7-           -177            0  ...........  120 cm
 12.2 and 12.5-12.75 in Region      -175.25           90           40  Recommendation ITU-R
 3; 12.2-12.7 in Region 2.          -173.75         98.9               BO.1443
                                       -173         98.9               Annex 1.
                                     -169.5         99.5
                                     -167.8         99.7
                                       -164        99.82
                                     -161.9         99.9
                                       -161       99.965
                                     -160.4       99.993
                                       -160          100
-------------------------------
11.7-12.5 in Region 1; 11.7-         -179.5            0  ...........  180 cm
 12.2 and 12.5-12.75 in Region      -178.66           33           40  Recommendation ITU-R
 3; 12.2-12.7 in Region 2.          -176.25         98.5               BO.1443
                                    -163.25        99.81               Annex 1.
                                     -161.5        99.91
                                    -160.35       99.975
                                       -160       99.995
                                       -160          100
-------------------------------
11.7-12.5 in Region 1; 11.7-           -182            0  ...........  240 cm
 12.2 and 12.5-12.75 in Region       -180.9           33           40  Recommendation ITU-R
 3; 12.2-12.7 in Region 2.             -178        99.25               BO.1443
                                     -164.4        99.85               Annex 1.
                                     -161.9        99.94
                                     -160.5        99.98
                                       -160       99.995
                                       -160          100
-------------------------------
11.7-12.5 in Region 1; 11.7-         -186.5            0  ...........  300 cm
 12.2 and 12.5-12.75 in Region         -184           33           40  Recommendation ITU-R
 3; 12.2-12.7 in Region 2.           -180.5         99.5               BO.1443
                                       -173         99.7               Annex 1.
                                       -167        99.83
                                       -162        99.94
                                       -160        99.97
                                       -160          100
----------------------------------------------------------------------------------------------------------------
\1\ For BSS antenna diameters 180 cm, 240 cm and 300 cm, in addition to the aggregate limit shown in Table 1M,
  the limits in Table 2M shall also apply.
\2\ For 240 cm GSO BSS earth station antennas located in Alaska, communicating with GSO BSS satellites at the
  91[deg] W.L., 101[deg] W.L., 110[deg] W.L., 119[deg] W.L. and 148[deg] W.L. nominal orbital locations with
  elevation angles greater than 5[deg], -167 dB(W/(m\2\/40 kHz)) aggregate 100% of the time operational EPFDdown
  limit also applies to receive antennas.
\3\ For 180 cm GSO BSS earth station antennas located in Hawaii communicating with GSO BSS satellites that are
  operational as of December 30, 1999 at the 110[deg] W.L., 119[deg] W.L. and 148[deg] W.L. nominal orbital
  positions, -162.5 dB(W/(m\2\/40 kHz)) aggregate 100% of the time operational EPFDdown limit also applies.
\4\ Under the section reference pattern of Annex 1 to Recommendation ITU-R BO.1443 shall be used only for the
  calculation of interference from non-GSO FSS systems into GSO BSS systems.
\5\ For each reference antenna diameter, the limit consists of the complete curve on a plot which is linear in
  decibels for the EPFD levels and logarithmic for the time percentages, with straight line joining the data
  points.


[[Page 338]]


 Table 2M--Aggregate EPFDdown Limits Radiated by Non-GSO FSS Systems At
                            Certain Latitudes
------------------------------------------------------------------------
 00% of the time EPFDdown dB(W/(m\2\/40    Latitude (North or South in
                 kHz))                               degrees)
------------------------------------------------------------------------
160.0..................................  0 <= [bond] Latitude [bond] <=
                                          57.5.
160.0 + 3.4 (57.5 - [bond] Latitude      57.5 <= [bond] Latitude [bond]
 [bond] )/4.                              <= 63.75.
165.3..................................  63.75 <= [bond] Latitude
                                          [bond].
------------------------------------------------------------------------

    Note to paragraph (m): These limits relate to the equivalent power 
flux density, which would be obtained under free-space propagation 
conditions, for all conditions and for all methods of modulation.
    (n) The power-flux density at the Earth's surface produced by 
emissions from a space station in the fixed-satellite service (space-to-
Earth), for all conditions and for all methods of modulation, shall not 
exceed the limits given in Table N. These limits relate to the power 
flux-density which would be obtained under assumed free-space 
conditions.

               Table N--Limits of Power-Flux Density From Space Stations in the Band 6700-7075 MHz
----------------------------------------------------------------------------------------------------------------
                                  Limit in dB(W/m2) for angle of arrival ([delta]) above the
                                                       horizontal plane                            Reference
         Frequency band          ------------------------------------------------------------      bandwidth
                                       0\0\-5\0\          5\0\-25\0\          25\0\-90\0\
----------------------------------------------------------------------------------------------------------------
6700-6825 MHz...................  -137..............  -137 + 0.5([delta]- -127..............  1 MHz
                                                       5).
6825-7075 MHz...................  -154..............  -154 + 0.5([delta]- 144...............  4 kHz
                                  and...............   5).                and...............  1 MHz
                                  -134..............  and...............  -124..............
                                                      -134 + 0.5([delta]-
                                                       5).
----------------------------------------------------------------------------------------------------------------

    (o) In the band 12.2-12.7 GHz, for NGSO FSS space stations, the 
specified low-angle power flux-density at the Earth's surface produced 
by emissions from a space station shall not be exceeded into an 
operational MVDDS receiver:
    (1) -158 dB(W/m2) in any 4 kHz band for angles of arrival 
between 0 and 2 degrees above the horizontal plane; and
    (2) -158 + 3.33([delta]-2) dB(W/m2) in any 4 kHz band for 
angles of arrival ([delta]) (in degrees) between 2 and 5 degrees above 
the horizontal plane.
    Note to paragraph (o): These limits relate to the power flux 
density, which would be obtained under assumed free-space propagation 
conditions.
    (p) In the band 37.5-40.0 GHz, the power flux-density at the Earth's 
surface produced by emissions from a geostationary space station for all 
methods of modulation shall not exceed the following values.
    (1) This limit relates to the power flux-density which would be 
obtained under assumed free space conditions (that is, when no allowance 
is made for propogation impairments such as rain-fade):
    -139 dB(W/m2) in any 1 MHz band for angles of arrival 
between 0 and 5 degrees above the horizontal plane;
    -139 + 4/3 ([delta]-5) dB(W/m2) in any 1 MHz band for 
angles of arrival [delta] (in degrees) between 5 and 20 degrees above 
the horizontal plane; and
    -119 + 0.4 ([delta]-20) dB(W/m2) in any 1 MHz band for 
angles of arrival [delta] (in degrees) between 20 and 25 degrees above 
the horizontal plane;
    -117 dB(W/m2) in any 1 MHz band for angles of arrival 
between 25 and 90 degrees above the horizontal plane;
    (2) This limit relates to the maximum power flux-density which would 
be obtained anywhere on the surface of the Earth during periods when FSS 
system raises power to compensate for rain-fade conditions at the FSS 
Earth station:
    -127 dB(W/m2) in any 1 MHz band for angles of arrival 
between 0 and 5 degrees above the horizontal plane;
    -127 + 4/3 ([delta]-5) dB(W/m2) in any 1 MHz band for 
angles of arrival [delta] (in degrees) between 5 and 20 degrees above 
the horizontal plane; and

[[Page 339]]

    -107 + 0.4 ([delta]-20) dB(W/m2) in any 1 MHz band for 
angles of arrival [delta] (in degrees) between 20 and 25 degrees above 
the horizontal plane;
    -105 dB(W/m2) in any 1 MHz band for angles of arrival 
between 25 and 90 degrees above the horizontal plane.

    Note to Paragraph (p): The conditions under which satellites may 
exceed the power flux-density limits for normal free space propagation 
described in paragraph (p)(1) to compensate for the effects of rain 
fading are under study and have therefore not yet been defined. Such 
conditions and the extent to which these limits can be exceeded will be 
the subject of a further rulemaking by the Commission on the satellite 
service rules.

    (q) In the band 37.5-40.0 GHz, the power flux-density at the Earth's 
surface produced by emissions from a non-geostationary space station for 
all methods of modulation shall not exceed the following values:
    (1) This limit relates to the power flux-density which would be 
obtained under assumed free space conditions (that is, when no allowance 
is made for propogation impairments such as rain-fade):
    -132 dB(W/m2) in any 1 MHz band for angles of arrival 
between 0 and 5 degrees above the horizontal plane;
    -132 + 0.75 ([delta]-5) dB(W/m2) in any 1 MHz band for 
angles of arrival [delta] (in degrees) between 5 and 25 degrees above 
the horizontal plane; and
    -117 dB(W/m2) in any 1 MHz band for angles of arrival 
between 25 and 90 degrees above the horizontal plane;
    (2) This limit relates to the maximum power flux-density which would 
be obtained anywhere on the surface of the Earth during periods when FSS 
system raises power to compensate for rain-fade conditions at the FSS 
Earth station:
    -120 dB(W/m2) in any 1 MHz band for angles of arrival 
between 0 and 5 degrees above the horizontal plane;
    -120 + 0.75 ([delta]-5) dB(W/m2) in any 1 MHz band for 
angles of arrival [delta] (in degrees) between 5 and 25 degrees above 
the horizontal plane; and
    -105 dB(W/m2) in any 1 MHz band for angles of arrival 
between 25 and 90 degrees above the horizontal plane.

    Note to Paragraph (q): The conditions under which satellites may 
exceed these power flux-density limits for normal free space propagation 
described in paragraph (q)(1) to compensate for the effects of rain 
fading are under study and have therefore not yet been defined. Such 
conditions and the extent to which these limits can be exceeded will be 
the subject of a further rulemaking by the Commission on the satellite 
service rules.

    (r) In the band 40.04 0.5 GHz, the power flux-density at the Earth's 
surface produced by emissions from a space station for all conditions 
and for all methods of modulation shall not exceed the following values:
    -115 dB(W/m2) in any 1 MHz band for angles of arrival 
between 0 and 5 degrees above the horizontal plane;
    -115 + 0.5 ([delta]-5) dB(W/m2) in any 1 MHz band for 
angles of arrival [delta] (in degrees) between 5 and 25 degrees above 
the horizontal plane; and
    -105 dB(W/m2) in any 1 MHz band for angles of arrival 
between 25 and 90 degrees above the horizontal plane;

    Note to paragraph (r): These limits relate to the power flux-density 
that would be obtained under assumed free-space propagation conditions.

    (s) In the band 40.5-42.0 GHz, the power flux density at the Earth's 
surface produced by emissions from a non-geostationary space station for 
all conditions and for all methods of modulation shall not exceed the 
following values:
    -115 dB(W/m2) in any 1 MHz band for angles of arrival 
between 0 and 5 degrees above the horizontal plane;
    -115 + 0.5 ([delta]-5) dB(W/m2) in any 1 MHz band for 
angles of arrival [delta] (in degrees) between 5 and 25 degrees above 
the horizontal plane; and
    -105 dB(W/m2) in any 1 MHz band for angles of arrival 
between 25 and 90 degrees above the horizontal plane;

    Note to paragraph (s): These limits relate to the power flux density 
that would be obtained under assumed free-space propagation conditions.

    (t) In the band 40.5-42.0 GHz, the power flux-density at the Earth's 
surface produced by emissions from a geostationary space station for all 
conditions and for all methods of modulation shall not exceed the 
following values:
    -120 dB(W/m2) in any 1 MHz band for angles of arrival 
between 0 and 5 degrees above the horizontal plane;
    -120 + ([delta]-5) dB(W/m2) in any 1 MHz band for angles 
of arrival [delta] (in degrees)

[[Page 340]]

between 5 and 15 degrees above the horizontal plane;
    -110 + 0.5 ([delta]-15) dB(W/m2) in any 1 MHz band for 
angles of arrival [delta] (in degrees) between 15 and 25 degrees above 
the horizontal plane; and
    -105 dB(W/m2) in any 1 MHz band for angles of arrival 
between 25 and 90 degrees above the horizontal plane;

    Note to paragraph (t): These limits relate to the power flux-density 
that would be obtained under assumed free-space propagation conditions.

[48 FR 40255, Sept. 6, 1983, as amended at 52 FR 45636, Dec. 1, 1987; 59 
FR 53329, Oct. 21, 1994; 65 FR 54171, Sept. 7, 2000; 66 FR 10623, Feb. 
16, 2001; 66 FR 63515, Dec. 7, 2001; 67 FR 17299, Apr. 10, 2002; 67 FR 
46911, July 17, 2002; 68 FR 16448, Apr. 4, 2003; 68 FR 43946, July 25, 
2003; 69 FR 31745, June 7, 2004; 69 FR 52207, Aug. 25, 2004]



Sec. 25.209  Antenna performance standards.

    (a) The gain of any antenna to be employed in transmission from an 
earth station in the geostationary satellite orbit fixed-satellite 
service (GSO FSS) shall lie below the envelope defined as follows:
    (1) In the plane of the geostationary satellite orbit as it appears 
at the particular earth station location:
[GRAPHIC] [TIFF OMITTED] TC13NO91.008


where Theta is the angle in degrees from the axis of the main lobe, and 
dBi refers to dB relative to an isotropic radiator. For the purposes of 
this section, the peak gain of an individual sidelobe may not exceed the 
envelope defined above for Theta between 1.0 and 7.0 degrees. For Theta 
greater than 7.0 degrees, the envelope may be exceeded by no more than 
10% of the sidelobes, provided no individual sidelobe exceeds the gain 
envelope given above by more than 3 dB.
    (2) In all other directions, or in the plane of the horizon 
including any out-of-plane potential terrestrial interference paths:
    Outside the main beam, the gain of the antenna shall lie below the 
envelope defined by:
[GRAPHIC] [TIFF OMITTED] TC13NO91.009


where Theta and dBi are defined above. For the purposes of this section, 
the envelope may be exceeded by no more than 10% of the sidelobes 
provided no individual sidelobe exceeds the gain envelope given above by 
more than 6 dB. The region of the main reflector spillover energy is to 
be interpreted as a single lobe and shall not exceed the envelope by 
more than 6 dB.
    (b) The off-axis cross-polarization gain of any antenna to be 
employed in transmission from an earth station to a space station in the 
domestic fixed-satellite service shall be defined by:
[GRAPHIC] [TIFF OMITTED] TC13NO91.010

    (c) Earth station antennas licensed for reception of radio 
transmissions from a space station in the fixed-satellite service are 
protected from radio interference caused by other space stations only to 
the degree to which harmful interference would not be expected to be 
caused to an earth station employing an antenna conforming to the 
referenced patterns defined in paragraphs (a) and (b) of this section, 
and protected from radio interference caused by terrestrial radio 
transmitters identified by the frequency coordination process only to 
the degree to which harmful interference would not be expected to be 
caused to an earth station conforming to the reference pattern defined 
in paragraph (a)(2) of this section.
    (d) The patterns specified in paragraphs (a) and (b) of this section 
shall apply to all new earth station antennas initially authorized after 
February 15, 1985 and shall apply to all earth station antennas after 
March 11, 1994.
    (e) The operations of any earth station with an antenna not 
conforming to the standards of paragraphs (a) and (b) of this section 
shall impose no limitations upon the operation, location or design of 
any terrestrial station, any

[[Page 341]]

other earth station, or any space station beyond those limitations that 
would be expected to be imposed by an earth station employing an antenna 
conforming to the reference patterns defined in paragraphs (a) and (b) 
of this section.
    (f) An earth station with an antenna not conforming to the standards 
of paragraphs (a) and (b) of this section will be routinely authorized 
after February 15, 1985 upon a finding by the Commission that 
unacceptable levels of interference will not be caused under conditions 
of uniform 2[deg] orbital spacings. An earth station antenna initially 
authorized on or before Feburary 15, 1985 will be authorized by the 
Commission to continue to operate as long as such operations are found 
not to cause any unacceptable levels of adjacent satellite interference. 
In either case, the Commission will impose appropriate terms and 
conditions in its authorization of such facilities and operations.
    (g) The antenna performance standards of small antennas operating in 
the 12/14 GHz band with diameters as small as 1.2 meters starts at 
1.25[deg] instead of 1[deg] as stipulated in paragraph (a) of this 
section.
    (h)(1) The gain of any antennas to be employed in transmission from 
a gateway earth station antenna operating in the frequency bands 10.7-
11.7 GHz, 12.75-13.15 GHz, 13.2125-13.25 GHz, 13.8-14.0 GHz, and 14.4-
14.5 GHz and communicating with NGSO FSS satellites shall lie below the 
envelope defined as follows:

29 - 25log10 ([thetas]) dBi - 10 dBi
1B <= [thetas] <= 36B
36B <= [thetas] <= 180B

Where: [thetas] is the angle in degrees from the axis of the main lobe, 
and dBi refers to dB relative to an isotropic radiator.

    (2) For the purposes of this section, the peak gain of an individual 
sidelobe may not exceed the envelope defined in paragraph (h)(1) of this 
section.

[48 FR 40255, Sept. 6, 1983, as amended at 50 FR 2675, Jan. 18, 1985; 50 
FR 39004, Sept. 26, 1985; 58 FR 13420, Mar. 11, 1993; 66 FR 10630, Feb. 
16, 2001]



Sec. 25.210  Technical requirements for space stations in the 
Fixed-Satellite Service.

    (a) All space stations in the Fixed-Satellite Service used for 
domestic service in the 4/6 GHz frequency band shall:
    (1) Use orthogonal linear polarization with one of the planes 
defined by the equatorial plane;
    (2) Be designed so that the polarization sense of uplink 
transmissions is opposite to that of downlink transmissions on the same 
transponder; and
    (3) Shall be capable of switching polarization sense upon ground 
command.
    (b) All space stations in the Fixed-Satellite Service in the 20/30 
GHz band shall use either orthogonal linear or orthogonal circular 
polarization. Those space stations utilizing orthogonal linear 
polarization shall also comply with paragraph (a) of this section.
    (c) All space stations in the Fixed-Satellite Service shall have a 
minimum capability to change transponder saturation flux densities by 
ground command in 4 dB steps over a range of 12 dB.
    (d) All space stations in the Fixed Satellite Service in the 20/30 
GHz band shall employ state-of-the-art full frequency reuse either 
through the use of orthogonal polarizations within the same beam and/or 
through the use of spatially independent beams.
    (e) [Reserved]
    (f) All space stations in the Fixed Satellite Service in the 3600-
3700 MHz, 3700-4200 MHz, 5091-5250 MHz, 5825-5925 MHz, 5925-6425 MHz, 
6425-6525 MHz, 6525-6700 MHz, 6700-7025 MHz, 10.7-10.95 GHz, 10.95-11.2 
GHz, 11.2-11.45 GHz, 11.45-11.7 GHz, 11.7-12.2 GHz, 12.2-12.7 GHz, 
12.75-13.15 GHz, 13.15-13.2125 GHz, 13.2125-13.25 GHz, 13.75-14.0 GHz, 
14.0-14.5 GHz and 15.43-15.63 GHz bands shall employ state-of-the-art 
full frequency reuse either through the use of orthogonal polarizations 
within the same beam and/or the use of spatially independent beams.
    (g)-(h) [Reserved]
    (i) Space station antennas in the Fixed-Satellite Service must be 
designed to provide a cross-polarization isolation such that the ratio 
of the on axis co-polar gain to the cross-polar

[[Page 342]]

gain of the antenna in the assigned frequency band shall be at least 30 
dB within its primary coverage area.
    (j) Space stations to be operated in the geostationary satellite 
orbit must be:
    (1) Designed with the capability of being maintained in orbit within 
0.05[deg] of their assigned orbital longitude,
    (2) Maintained in orbit at their assigned orbital longitude within 
the longitudinal tolerance specified by the Commission, and
    (3) The Commission may authorize operations at assigned orbital 
longitudes offset by 0.05[deg] or multiples thereof from the nominal 
orbital location specified in the station authorizations.
    (k) Antenna measurements of both co-polarized and cross-polarized 
performance must be made on all antennas employed by space stations both 
within the primary coverage area to facilitate coordination with other 
Commission space station licensees and outside the primary coverage area 
to facilitate international frequency coordination with other 
Administrations. The results of such measurements shall be submitted to 
the Commission within thirty days after preliminary in-orbit testing is 
completed.
    (l) All operators of space stations shall, on June 30 of each year, 
file a report with the International Bureau and the Commission's 
Columbia Operations Center in Columbia, Maryland, containing the 
following information current as of May 31 of that year:
    (1) Status of satellite construction and anticipated launch dates, 
including any major problems or delays encountered;
    (2) A listing of any non-scheduled transponder outages for more than 
thirty minutes and the cause(s) of such outages;
    (3) A detailed description of the utilization made of each 
transponder on each of the in-orbit satellites. This description should 
identify the total capacity or the percentage of time each transponder 
is actually used for transmission, and the amount of unused system 
capacity in the transponder. This information is not required for those 
transponders that are sold on a non-common carrier basis. In that case, 
operators should indicate the number of transponders sold on each in-
satellite orbit.
    (4) Identification of any transponders not available for service or 
otherwise not performing to specifications, the cause of these 
difficulties, and the date any transponder was taken out of service or 
the malfunction identified.

[58 FR 13420, Mar. 11, 1993, as amended at 61 FR 9952, Mar. 12, 1996; 62 
FR 5931, Feb. 10, 1997; 62 FR 61457, Nov. 18, 1997; 68 FR 51508, Aug. 
27, 2003]

    Effective Date Note: At 69 FR 54587, Sept. 9, 2004, Sec. 25.210 was 
amended by revising paragraph (j), effective Oct. 12, 2004. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 25.210  Technical requirements for space stations in the Fixed-
          Satellite Service.

                                * * * * *

    (j) Space stations operated in the geostationary satellite orbit 
must be maintained within 0.05[deg] of their assigned orbital longitude 
in the east/west direction, unless specifically authorized by the 
Commission to operate with a different longitudinal tolerance, and 
except as provided in Section 25.283(b) (End-of-life Disposal).

                                * * * * *



Sec. 25.211  Video transmissions in the Fixed-Satellite Service.

    (a) Downlink analog video transmissions in the band 3700-4200 MHz 
shall be transmitted only on a center frequency of 3700+20N MHz, where 
N=1 to 24. The corresponding uplink frequency shall be 2225 MHz higher.
    (b) All 4/6 GHz analog video transmissions shall contain an energy 
dispersal signal at all times with a minimum peak-to-peak bandwidth set 
at whatever value is necessary to meet the power flux density limits 
specified in Sec. 25.208(a) and successfully coordinated 
internationally and accepted by adjacent U.S. satellite operators based 
on the use of state of the art space and earth station facilities. 
Further, all transmissions operating in frequency bands described in 
Sec. 25.208 (b) and (c) shall also contain an energy dispersal signal 
at all times with a minimum peak-to-peak bandwidth set at whatever value 
is necessary to meet the power flux density limits specified in

[[Page 343]]

Sec. 25.208(b) and (c) and successfully coordinated internationally and 
accepted by adjacent U.S. satellite operators based on the use of state 
of the art space and earth station facilities. The transmission of an 
unmodulated carrier at a power level sufficient to saturate a 
transponder is prohibited, except by the space station licensee to 
determine transponder performance characteristics. All 12/14 GHz video 
transmissions for TV/FM shall identify the particular carrier 
frequencies for necessary coordination with adjacent U.S. satellite 
systems and affected satellite systems of other administrations.
    (c) All initial analog video transmissions shall be preceded by a 
video test transmission at an uplink e.i.r.p. at least 10 dB below the 
normal operating level. The earth station operator shall not increase 
power until receiving notification from the satellite network control 
center that the frequency and polarization alignment are satisfactory 
pursuant to the procedures specified in Sec. 25.272. The stationary 
earth station operator that has successfully transmitted an initial 
video test signal to a satellite pursuant to this paragraph is not 
required to make subsequent video test transmissions if subsequent 
transmissions are conducted using exactly the same parameters as the 
initial transmission.
    (d) In the 6 GHz band, an earth station with an equivalent diameter 
of 9 meters or smaller may be routinely licensed for transmission to 
full transponder services if the maximum power into the antenna does not 
exceed 450 watts (26.5 dBW). In the 14 GHz band, an earth station with 
an equivalent diameter of 5 meters or smaller may be routinely licensed 
for transmission of full transponder services if the maximum power into 
the antenna does not exceed 500 watts (27 dBW).

[58 FR 13421, Mar. 11, 1993, as amended at 61 FR 9952, Mar. 12, 1996; 62 
FR 5931, Feb. 10, 1997]



Sec. 25.212  Narrowband transmissions in the 12/14 GHz GSO Fixed-Satellite 
Service.

    (a) Except as otherwise provided by this part, criteria for 
unacceptable levels of interference caused by other satellite networks 
shall be established on the basis of nominal operating conditions and 
with the objective of minimizing orbital separations between satellites.
    (b) Emissions with an occupied bandwidth of less than 2 MHz are not 
protected from interference from wider bandwidth transmissions if the 
r.f. carrier frequency of the narrowband signal is within 1 MHz of one of the frequencies specified in Sec. 
25.211(a).
    (c) In the 14 GHz band, an earth station with an equivalent diameter 
of 1.2 meters or greater may be routinely licensed for transmission of 
narrowband analog services with bandwidths up to 200 kHz if the maximum 
input power density into the antenna does not exceed -8 dBW/4 kHz and 
the maximum transmitted satellite carrier EIRP density does not exceed 
13 dBW/4 kHz, and for transmission of narrowband and/or wideband digital 
services, if the maximum input power density into the antenna does not 
exceed -14 dBW/4 kHz and the maximum transmitted satellite carrier EIRP 
density does not exceed +6.0 dBW/4 kHz.
    (d) In the 6 GHz band, an earth station with an equivalent diameter 
of 4.5 meters or greater may be routinely licensed for transmission of 
SCPC services if the maximum power densities into the antenna do not 
exceed +0.5 dBW/4 kHz for analog SCPC carriers with bandwidths up to 200 
kHz, and do not exceed -2.7 dBW/4 kHz for narrow and/or wideband digital 
SCPC carriers.

[58 FR 13421, Mar. 11, 1993, as amended at 62 FR 5931, Feb. 10, 1997; 62 
FR 51378, Oct. 1, 1997]



Sec. 25.213  Inter-Service coordination requirements for the 1.6/2.4 GHz 
mobile-satellite service.

    (a) Protection of the radio astronomy service in the 1610.6-1613.8 
MHz band against interference from 1.6/2.4 GHz Mobile-Satellite Service 
systems.
    (1) Protection zones. All 1.6/2.4 GHz Mobile Satellite Service 
systems shall be capable of determining the position of the user 
transceivers accessing the space segment through either internal 
radiodetermination calculations or external sources such as LORAN-C or 
the Global Positioning System. During periods of radio astronomy 
observations,

[[Page 344]]

land mobile earth stations shall not operate when located within 
geographic protection zones defined by the radio observatory coordinates 
and separation distances as follows:
    (i) In the band 1610.6-1613.8 MHz, within a 160 km radius of the 
following radio astronomy sites:

------------------------------------------------------------------------
                                                   Latitude    Longitude
                   Observatory                       (DMS)       (DMS)
------------------------------------------------------------------------
Arecibo, PR.....................................    18 20 46    66 45 11
Green Bank Telescope, WV........................    38 25 59    79 50 24
                                                    38 26 09    79 49 42
Very Large Array, NM............................    34 04 43   107 37 04
Owens Valley, CA................................    37 13 54   118 17 36
Ohio State, OH..................................    40 15 06    83 02 54
------------------------------------------------------------------------

    (ii) In the band 1610.6-1613.8 MHz, within a 50 km radius of the 
following sites:

------------------------------------------------------------------------
                                                   Latitude    Longitude
                   Observatory                       (DMS)       (DMS)
------------------------------------------------------------------------
Pile Town, NM...................................    34 18 04   108 07 07
Los Alamos, NM..................................    35 46 30   106 14 42
Kitt Peak, AZ...................................    31 57 22   111 36 42
Ft. Davis, TX...................................    30 38 06   103 56 39
N. Liberty, IA..................................    41 46 17    91 34 26
Brewster, WA....................................    48 07 53   119 40 55
Owens Valley, CA................................    37 13 54   118 16 34
St. Croix, VI...................................    17 45 31    64 35 03
Mauna Kea, HI...................................    19 48 16   155 27 29
Hancock, NH.....................................    42 56 01    71 59 12
------------------------------------------------------------------------

    (iii) Out-of-band emissions of a mobile earth station licensed to 
operate within the 1610.0-1626.5 MHz band shall be attenuated so that 
the power flux density it produces in the 1610.6-1613.8 MHz band at any 
radio astronomy site listed in paragraph (a)(1) (i) or (ii) of this 
section shall not exceed the emissions of a mobile earth station 
operating within the 1610.6-1613.8 MHz band at the edge of the 
protection zone applicable for that site. As an alternative, a mobile 
earth station shall not operate during radio astronomy observations 
within the 1613.8-1615.8 MHz band within 100 km of the radio astronomy 
sites listed in paragraph (a)(1)(i) of this section, and within 30 km of 
the sites listed in paragraph (a)(1)(ii) of this section, there being no 
restriction on a mobile earth station operating within the 1615.8-1626.5 
MHz band.
    (iv) For airborne mobile earth stations operating in the 1610.0-
1626.5 MHz band, the separation distance shall be the larger of the 
distances specified in paragraph (a)(1) (i), (ii) or (iii) of this 
section, as applicable, or the distance, d, as given by the formula:

d (km) = 4.1 square root of (h)

where h is the altitude of the aircraft in meters above ground level.

    (v) Smaller geographic protection zones may be used in lieu of the 
areas specified in paragraphs (a)(1) (i), (ii), (iii), and (iv) of this 
section if agreed to by the Mobile-Satellite Service licensee and the 
Electromagnetic Spectrum Management Unit (ESMU), National Science 
Foundation, Washington, D.C. upon a showing by the Mobile-Satellite 
Service licensee that the operation of a mobile earth station will not 
cause harmful interference to a radio astronomy observatory during 
periods of observation.
    (vi) The ESMU shall notify Mobile-Satellite Service space station 
licensees authorized to operate mobile earth terminals in the 1610.0-
1626.5 MHz band of periods of radio astronomy observations. The mobile-
satellite systems shall be capable of terminating operations within the 
frequency bands and protection zones specified in paragraphs (a)(1) (i) 
through (iv) of this section, as applicable, after the first position 
fix of the mobile earth terminal either prior to transmission or, based 
upon its location within the protection zone at the time of initial 
transmission of the mobile earth terminal. Once the mobile-satellite 
system determines that a mobile earth terminal is located within an RAS 
protection zone, the mobile-satellite system shall immediately initiate 
procedures to relocate the mobile earth terminal operations to a non-RAS 
frequency.
    (vii) A beacon-actuated protection zone may be used in lieu of fixed 
protection zones in the 1610.6-1613.8 MHz band if a coordination 
agreement is reached between a mobile-satellite system licensee and the 
ESMU on the specifics of beacon operations.
    (viii) Additional radio astronomy sites, not located within 100 
miles of the 100 most populous urbanized areas as defined by the United 
States Census Bureau at the time, may be afforded similar protection one 
year after notice to the mobile-satellite system licensees by issuance 
of a public notice by the Commission.

[[Page 345]]

    (2) Mobile-Satellite Service space stations transmitting in the 
1613.8-1626.5 MHz band shall take whatever steps necessary to avoid 
causing harmful interference to the radio astronomy facilities listed in 
paragraphs (a)(1)(i) and (ii) of this section during periods of 
observation.
    (3) Mobile-Satellite Service space stations operating in the 2483.5-
2500 MHz frequency band shall limit spurious emission levels in the 
4990-5000 MHz band so as not to exceed -241 dB (W/m2/Hz) at 
the surface of the Earth.
    (4) The Radioastronomy Service shall avoid scheduling radio 
astronomy observations during peak MSS/RDSS traffic periods to the 
greatest extent practicable.
    (b) [Reserved]

[59 FR 53329, Oct. 21, 1994, as amended at 61 FR 9945, Mar. 12, 1996; 67 
FR 61816, Oct. 2, 2002]



Sec. 25.214  Technical requirements for space stations in the satellite 
digital audio radio service.

    (a) Definitions.
    (1) Allocated bandwidth. The term ``allocated bandwidth'' refers to 
the entry in the Table of Frequency Allocations of a given frequency 
band for the purpose of its use by one or more terrestrial or space 
radiocommunication services under specified conditions. This term shall 
be applied to the 2310-2360 MHz band for satellite DARS.
    (2) Frequency Assignment. The term ``frequency assignment'' refers 
to the authorization given by the Commission for a radio station to use 
a radio frequency or radio frequency channel under specified conditions. 
This term shall be applied to the two frequency bands (A) 2320.0-2332.5 
MHz and (B) 2332.5-2340.0 MHz for satellite DARS.
    (b) Each system authorized under this section will be conditioned 
upon construction, launch and operation milestones as outlined in Sec. 
25.144(b). The failure to meet any of the milestones contained in an 
authorization will result in its cancellation, unless such failure is 
due to circumstances beyond the licensee's control or unless otherwise 
determined by the Commission upon proper showing by the licensee in any 
particular case.
    (c) Frequency assignments will be made for each satellite DARS 
system as follows:
    (1) Exclusive satellite DARS licenses are limited to the 2320-2345 
MHz band segment of the allocated bandwidth for satellite DARS;
    (2) Two, 12.5 MHz frequency assignments are available for satellite 
DARS: 2320.0-2332.5 MHz and 2332.5-2345.0 MHz;
    (3) Satellite DARS licensees may reduce their assigned bandwidth 
occupancy to provide telemetry beacons in their exclusive frequency 
assignments;
    (4) Each licensee may employ cross polarization within its exclusive 
frequency assignment and/or may employ cross polarized transmissions in 
frequency assignments of other satellite DARS licensees under mutual 
agreement with those licensees. Licensees who come to mutual agreement 
to use cross-polarized transmissions shall apply to the Commission for 
approval of the agreement before coordination is initiated with other 
administrations by the licensee of the exclusive frequency assignment; 
and
    (5) Feeder uplink networks are permitted in the following Fixed-
Satellite Service frequency bands: 7025-7075 MHz and 6725-7025 MHz 
(101[deg] W.L. orbital location only).

[62 FR 11106, Mar. 11, 1997]



Sec. 25.215  Technical requirements for space stations in the Direct 
Broadcast Satellite Service.

    In addition to Sec. 25.148(f), space station antennas operating in 
the Direct Broadcast Satellite Service must be designed to provide a 
cross-polarization isolation such that the ratio of the on-axis co-polar 
gain to the cross-polar gain of the antenna in the assigned frequency 
band shall be at least 30 dB within its primary coverage area.

[67 FR 51114, Aug. 7, 2002]



Sec. 25.216  Limits on emissions from mobile earth stations for protection 
of aeronautical radionavigation-satellite service.

    (a) The e.i.r.p. density of emissions from mobile earth stations 
placed in service on or before July 21, 2002 with assigned uplink 
frequencies between 1610 MHz and 1660.5 MHz shall not exceed -70 dBW/
MHz, averaged over any

[[Page 346]]

2 millisecond active transmission interval, in the band 1559-1587.42 
MHz. The e.i.r.p. of discrete emissions of less than 700 Hz bandwidth 
generated by such stations shall not exceed -80 dBW, averaged over any 2 
millisecond active transmission interval, in that band.
    (b) The e.i.r.p. density of emissions from mobile earth stations 
placed in service on or before July 21, 2002 with assigned uplink 
frequencies between 1610 MHz and 1626.5 MHz shall not exceed -64 dBW/
MHz, averaged over any 2 millisecond active transmission interval, in 
the band 1587.42-1605 MHz. The e.i.r.p. of discrete emissions of less 
than 700 Hz bandwidth generated by such stations shall not exceed -74 
dBW, averaged over any 2 millisecond active transmission interval, in 
the 1587.42-1605 MHz band.
    (c) The e.i.r.p. density of emissions from mobile earth stations 
placed in service after July 21, 2002 with assigned uplink frequencies 
between 1610 MHz and 1660.5 MHz shall not exceedq -70 dBW/MHz, averaged 
over any 2 millisecond active transmission interval, in the band 1559-
1605 MHz. The e.i.r.p. of discrete emissions of less than 700 Hz 
bandwidth from such stations shall not exceed -80 dBW, averaged over any 
2 millisecond active transmission interval, in the 1559-1605 MHz band.
    (d) As of January 1, 2005, the e.i.r.p. density of emissions from 
mobile earth stations placed in service on or before July 21, 2002 with 
assigned uplink frequencies between 1610 MHz and 1660.5 MHz (except 
Standard A and B Inmarsat terminals used as Global Maritime Distress and 
Safety System ship earth stations) shall not exceed -70dBW/MHz, averaged 
over any 2 millisecond active transmission interval, in the 1559-1605 
MHz band. The e.i.r.p. of discrete emissions of less than 700 Hz 
bandwidth from such stations shall not exceed -80 dBW, averaged over any 
2 millisecond active transmission interval, in the 1559-1605 MHz band. 
Standard A Inmarsat terminals used as Global Maritime Distress and 
Safety System ship earth stations that do not meet the e.i.r.p. density 
limits specified in this paragraph may continue operation until December 
31, 2007. Inmarsat-B terminals manufactured more than six months after 
Federal Register publication of the rule changes adopted in FCC 03-283 
must meet these limits. Inmarsat B terminals manufactured before then 
are temporarily grandfathered under the condition that no interference 
is caused by these terminals to aeronautical satellite radio-navigation 
systems. The full-compliance deadline for grandfathered Inmarsat-B 
terminals is December 31, 2012.
    (e) The e.i.r.p density of emissions from mobile earth stations with 
assigned uplink frequencies between 1990 MHz and 2025 MHz shall not 
exceed -70 dBW/MHz, averaged over any 2 millisecond active transmission 
interval, in frequencies between 1559 MHz and 1610 MHz. The e.i.r.p. of 
discrete emissions of less than 700 Hz bandwidth from such stations 
between 1559 MHz and 1605 MHz shall not exceed -80 dBW, averaged over 
any 2 millisecond active transmission interval. The e.i.r.p. of discrete 
emissions of less than 700 Hz bandwidth from such stations between 1605 
MHz and 1610 MHz manufactured more than six months after Federal 
Register publication of the rule changes adopted in FCC 03-283 shall not 
exceed -80 dBW, averaged over any 2 millisecond active transmission 
interval.
    (f) Mobile earth stations placed in service after July 21, 2002 with 
assigned uplink frequencies in the 1610-1660.5 MHz band shall suppress 
the power density of emissions in the 1605-1610 MHz band to an extent 
determined by linear interpolation from -70 dBW/MHz at 1605 MHz to -10 
dBW/MHz at 1610 MHz.
    (g) Mobile earth stations manufactured more than six months after 
Federal Register publication of the rule changes adopted in FCC 03-283 
with assigned uplink frequencies in the 1610-1626.5 MHz band shall 
suppress the power density of emissions in the 1605-1610 MHz band-
segment to an extent determined by linear interpolation from -70 dBW/MHz 
at 1605 MHz to -10 dBW/MHz at 1610 MHz averaged over any 2 millisecond 
active transmission interval. The e.i.r.p of discrete emissions of less 
than 700 Hz bandwidth from such stations shall not exceed a level 
determined by linear interpolation from -80 dBW at 1605 MHz to -20

[[Page 347]]

dBW at 1610 MHz, averaged over any 2 millisecond active transmission 
interval.
    (h) Mobile earth stations manufactured more than six months after 
Federal Register publication of the rule changes adopted in FCC 03-283 
with assigned uplink frequencies in the 1626.5-1660.5 MHz band shall 
suppress the power density of emissions in the 1605-1610 MHz band-
segment to an extent determined by linear interpolation from -70 dBW/MHz 
at 1605 MHz to -46 dBW/MHz at 1610 MHz, averaged over any 2 millisecond 
active transmission interval. The e.i.r.p of discrete emissions of less 
than 700 Hz bandwidth from such stations shall not exceed a level 
determined by linear interpolation from -80 dBW at 1605 MHz to -56 dBW 
at 1610 MHz, averaged over any 2 millisecond active transmission 
interval.
    (i) The peak e.i.r.p density of carrier-off state emissions from 
mobile earth stations manufactured more than six months after Federal 
Register publication of the rule changes adopted in FCC 03-283 with 
assigned uplink frequencies between 1 and 3 GHz shall not exceed -80 
dBW/MHz in the 1559-1610 MHz band averaged over any 2 millisecond active 
transmission interval.
    (j) A Root-Mean-Square detector shall be used for all power density 
measurements.

[69 FR 5710, Feb. 6, 2004]



Sec. 25.217  Default service rules.

    (a) The technical rules in this section apply only to licenses to 
operate a satellite system in a frequency band granted after a domestic 
frequency allocation has been adopted for that frequency band, but 
before any frequency-band-specific service rules have been adopted for 
that frequency band.
    (b)(1) For all NGSO-like satellite licenses for which the 
application was filed pursuant to the procedures set forth in Sec. 
25.157 after August 27, 2003, authorizing operations in a frequency band 
for which the Commission has not adopted frequency band-specific service 
rules at the time the license is granted, the licensee will be required 
to comply with the following technical requirements, notwithstanding the 
frequency bands specified in these rule provisions: Sec. Sec. 
25.142(d), 25.143(b)(2)(ii), 25.143(b)(2)(iii), 25.204(g), 25.210(c), 
25.210(d), 25.210(f), 25.210(i), 25.210(k), and 25.210(l).
    (2) In addition to the requirements set forth in paragraph (b)(1) of 
this section, the Commission will coordinate with the National 
Telecommunications and Information Administration (NTIA) regarding the 
operations of any licensees authorized to operate in a shared 
government/non-government frequency band, pursuant to the procedure set 
forth in Sec. 25.142(b)(2)(ii).
    (3) Earth station licensees authorized to operate with one or more 
space stations described in paragraph (b)(1) of this section shall 
comply with the requirements in Sec. 25.136. In addition, earth station 
licensees authorized to operate with one or more space stations 
described in paragraph (b)(1) of this section in frequency bands shared 
with terrestrial wireless services shall comply with the requirements in 
Sec. 25.203(c).
    (c)(1) For all GSO-like satellite licenses for which the application 
was filed pursuant to the procedures set forth in Sec. 25.158 after 
August 27, 2003, authorizing operations in a frequency band for which 
the Commission has not adopted frequency band-specific service rules at 
the time the license is granted, the licensee will be required to comply 
with the following technical requirements, notwithstanding the frequency 
bands specified in these rule provisions: Sec. Sec. 25.142(d), 
25.143(b)(2)(iv), 25.204(g), 25.210(c), 25.210(d), 25.210(f), 25.210(i), 
25.210(j), 25.210(k), and 25.210(l).
    (2) In addition to the requirements set forth in paragraph (c)(1) of 
this section, the Commission will coordinate with the National 
Telecommunications and Information Administration (NTIA) regarding the 
operations of any licensees authorized to operate in a shared 
government/non-government frequency band, pursuant to the procedure set 
forth in Sec. 25.142(b)(2)(ii).
    (3) Earth station licensees authorized to operate with one or more 
space stations described in paragraph (c)(1) of this section shall 
comply with the earth station antenna performance verification 
requirements in Sec. 25.132,

[[Page 348]]

and the antenna gain pattern requirements in Sec. Sec. 25.209(a) and 
(b). In addition, earth station licensees authorized to operate with one 
or more space stations described in paragraph (c)(1) of this paragraph 
in frequency bands shared with terrestrial wireless services shall 
comply with the requirements in Sec. 25.203(c).
    (4) In addition to the requirements set forth in paragraph (c)(3) of 
this section, earth station licensees with a gain equivalent or higher 
than the gain of a 1.2 meter antenna operating in the 14.0-14.5 GHz 
band, authorized to operate with one or more space stations described in 
paragraph (c)(1) of this paragraph in frequency bands greater than 14.5 
GHz shall be required to comply with the antenna input power density 
requirements set forth in Sec. 25.212(c).
    (d) Applicants requesting authorization of a satellite subject to 
paragraphs (b) or (c) of this section must submit a narrative statement 
describing the debris mitigation design and operational strategies, if 
any, that they will use. Applicants are specifically required to submit 
a casualty risk assessment if planned post-mission disposal involves 
atmospheric re-entry of the spacecraft.
    (e) In the event that the Commission adopts frequency band-specific 
service rules for a particular frequency band after it has granted one 
or more space station or earth station licenses for operations in that 
frequency band, those licensees will be required to come into compliance 
with the frequency band-specific service rules within 30 days of the 
effective date of those rules, unless otherwise specified by either 
Commission or Bureau Order.

[68 FR 51508, Aug. 27, 2003]



Sec. Sec. 25.218-25.249  [Reserved]



Sec. 25.250  Sharing between NGSO MSS Feeder links Earth Stations in the 
19.3-19.7 GHz and 29.1-29.5 GHz Bands.

    (a) NGSO MSS applicants shall be licensed to operate in the 29.1-
29.5 GHz band for Earth-to-space transmissions and 19.3-19.7 GHz for 
space-to-Earth transmissions from feeder link earth station complexes. A 
``feeder link earth station complex'' may include up to three (3) earth 
station groups, with each earth station group having up to four (4) 
antennas, located within a radius of 75 km of a given set of geographic 
coordinates provided by NGSO-MSS licensees or applicants.
    (b) Licensees of NGSO MSS feeder link earth stations separated by 
800 km or less are required to coordinate their operations, see Sec. 
25.203. The results of the coordination shall be reported to the 
Commission.

[61 FR 44181, Aug. 28, 1996]



Sec. 25.251  Special requirements for coordination.

    (a) The administrative aspects of the coordination process are set 
forth in Sec. 101.103 of this chapter in the case of coordination of 
terrestrial stations with earth stations, and in Sec. 25.203 in the 
case of coordination of earth stations with terrestrial stations.
    (b) The technical aspects of coordination are based on Appendix S7 
of the International Telecommunication Union Radio Regulations and 
certain recommendations of the ITU Radiocommunication Sector (available 
at the FCC's Reference Information Center, Room CY-A257, 445 12th 
Street, SW., Washington, DC 20554).

[66 FR 10630, Feb. 16, 2001]



Sec. 25.252  Special requirements for ancillary terrestrial components 
operating in the 2000-2020 MHz/2180-2200 MHz bands.

    (a) Applicants for an ancillary terrestrial component in these bands 
must demonstrate that ATC base stations shall not:
    (1) Exceed an EIRP of -100.6 dBW/4 kHz for out-of-channel emissions 
at the edge of the MSS licensee's selected assignment.
    (2) Exceed a peak EIRP of 27 dBW in 1.23 MHz.
    (3) Exceed an EIRP toward the physical horizon (not to include man-
made structures) of 25.5 dBW in 1.23 MHz.
    (4) Be located less than 190 meters from all airport runways and 
aircraft stand areas, including takeoff and landing paths.
    (5) Exceed an aggregate power flux density of -51.8 dBW/m\2\ in a 
1.23 MHz bandwidth at all airport runways and aircraft stand areas, 
including takeoff and landing paths and all ATC base

[[Page 349]]

station antennas shall have an overhead gain suppression according to 
the following.
    (6) Be located less than 820 meters from a U.S. Earth Station 
facility operating in the 2200-2290 MHz band. In its MSS ATC 
application, the MSS licensee should request a list of operational 
stations in the 2200-2290 MHz band.
    (7) Exceed an EIRP in the 1559-1610 MHz band of -70 dBW/MHz for 
wideband emissions and -80 dBW in the 1559-1605 MHz band for narrow-band 
emissions (discrete emissions of less than 700 Hz bandwidth). The 
wideband EIRP level is to be measured using a root mean square (RMS) 
detector function with a resolution bandwidth of 1 MHz or equivalent and 
the video bandwidth is not less than the resolution bandwidth. The 
narrowband EIRP level is to be measured using an RMS detector function 
with a resolution bandwidth of 1 kHz or equivalent. The measurements are 
to be made over a 20 millisecond averaging period when the base station 
is transmitting.
    (8) Use ATC base station antennas that have a gain greater than 17 
dBi and must have an overhead gain suppression according to the 
following:

------------------------------------------------------------------------
 Angle from direction of maximum gain,
    in vertical plane, above antenna      Antenna discrimination pattern
               (degrees)                               (dB)
------------------------------------------------------------------------
0......................................  Gmax
2......................................  Not to Exceed Gmax -14
8 to 180...............................  Not to Exceed Gmax -25
------------------------------------------------------------------------
Where: Gmax is the maximum gain of the base station antenna in dBi.

    (b) Applicants for an ancillary terrestrial component in these bands 
must demonstrate that ATC mobile terminals shall:
    (1) Observe a peak EIRP limit of 1.0 dBW in 1.23 MHz.
    (2) Limit out-of-channel emissions at the edge of a MSS licensee's 
selected assignment to an EIRP density of -67 dBW/4 kHz.
    (3) Not exceed an EIRP in the 1559-1610 MHz band of -70 dBW/MHz for 
wideband emissions and -80 dBW in the 1559-1605 MHz band for narrow-band 
emissions (discrete emissions of less than 700 Hz bandwidth). The 
wideband EIRP level is to be measured using a root mean square (RMS) 
detector function with a resolution bandwidth of 1 MHz or equivalent and 
the video bandwidth is not less than the resolution bandwidth. The 
narrowband EIRP level is to be measured using an RMS detector function 
with a resolution bandwidth of 1 kHz or equivalent. The measurements are 
to be made over a 20 millisecond averaging period when the mobile 
terminal is transmitting.
    (c) For ATC operations in the 2000-2020 MHz band, the power of any 
emission outside the licensee's frequency band(s) of operation shall be 
attenuated below the transmitter power (P) within the licensed band(s) 
of operation, measured in watts, in accordance with the following:
    (1) On any frequency within the 2000 to 2020 MHz band outside the 
licensee's frequency band(s) of operations, emissions shall be 
attenuated by at least 43 + 10 log (P) dB.
    (2) Emissions on frequencies lower than 1995 MHz and higher than 
2025 MHz shall be attenuated by at least 70 + 10 log P. Emissions in the 
bands 1995-2000 MHz and 2020-2025 MHz shall be attenuated by at least a 
value as determined by linear interpolation from 70 + 10 log P at 1995 
MHz or 2025 MHz, to 43 + 10 log P dB at the nearest MSS band edge at 
2000 MHz or 2020 MHz respectively.
    (3) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, in its discretion, require 
greater attenuation than specified in paragraphs (c)(1) and (2) of this 
section.
    (4) Compliance with these provisions is based on the use of 
measurement instrumentation employing a resolution bandwidth of 1 
megahertz or greater.
    Note to Sec. 25.252: The preceding rules of Sec. 25.252 are based 
on cdma2000 system architecture. To the extent that a 2 GHz MSS licensee 
is able to demonstrate that the use of a different system architecture 
would produce no greater potential interference

[[Page 350]]

than that produced as a result of implementing the rules of this 
section, an MSS licensee is permitted to apply for ATC authorization 
based on another system architecture.

[68 FR 33651, June 5, 2003]



Sec. 25.253  Special requirements for ancillary terrestrial components 
operating in the 1626.5-1660.5 MHz/1525-1559 MHz bands.

    (a) An applicant for an ancillary terrestrial component in these 
bands shall:
    (1) Implement the maximum available power control for all ATC base 
stations and mobile terminals under GSM 800 or GSM 1800 standard 
(dynamic range of 30 dB in steps of 2 dB).
    (2) Implement a variable rate vocoder in the ATC mobile terminal 
such that the duty cycle of the mobile terminal is reduced when the EIRP 
of the mobile terminals requested by the power control system is 
increased above a nominal-7.4 dBW. The duty cycle will be reduced by 
refraining from transmitting on consecutive time slots. The duty cycle 
of the mobile terminal, as measured over a 0.25 second period, shall 
comply with the following schedule:

------------------------------------------------------------------------
                                                                Mobile
                                                               terminal
              Nominal mobile terminal peak EIRP                transmit
                                                              duty cycle
                                                               (percent)
------------------------------------------------------------------------
Equal to or less than -7.4 dBW..............................       100
Greater than -7.4 dBW.......................................        50
Greater than -4.4 dBW.......................................        25
Greater than -1.4 dBW.......................................        20
Greater than -0.4 dBW.......................................        18.2
------------------------------------------------------------------------

    (3) Implement the provisions of paragraph (a)(2) of this section in 
a manner that precludes other ATC mobile terminals from using the open 
time slots.
    (4) Demonstrate, at the time of application, how the ATC network 
will comply with the requirements of paragraphs (a) and (b)(1) through 
(b)(3) of this section.
    (5) Demonstrate, at the time of application, how its ATC network 
will comply with the requirements of footnotes US308 and US315 to the 
table of frequency allocations contained in Sec. 2.106 of this chapter 
regarding priority and preemptive access to the L-band MSS spectrum by 
the aeronautical mobile-satellite en-route service (AMS(R)S) and the 
global maritime distress and safety system (GMDSS).
    (6) Demonstrate how its ATC network base stations and mobile 
terminals will comply with the Global Mobile Personal Communications by 
Satellite (GMPCS) system requirements to protect the radionavigation 
satellite services (RNSS) operations in the allocation above 1559 MHz.
    (7) Coordinate with the terrestrial CMRS operators prior to 
initiating ATC transmissions when co-locating ATC base stations with 
terrestrial commercial mobile radio service (CMRS) base stations that 
make use of Global Positioning System (GPS) time-based receivers.
    (8) Demonstrate that the cellular structure of the ATC network 
design includes 18 dB of link margin allocated to structural 
attenuation. If less structural attenuation is used, the maximum number 
of base stations permitted under paragraph (c) of this section must be 
reduced or a showing must be made that there would be no increase in 
interference to other MSS operators and that the applicant's satellite 
would continue to meet the other requirements of this section.
    (b) ATC base stations shall not exceed an out-of-channel emissions 
measurement of -57.9 dBW/MHz at the edge of a MSS licensee's authorized 
and internationally coordinated MSS frequency assignment.
    (c) The maximum number of base stations operating in the U.S. on any 
one 200 kHz channel shall not exceed 1725. During the first 18 months 
following activation for testing of the first ATC base station, the L-
band ATC operator shall not implement more than 863 base stations on the 
same 200 kHz channel. L-band ATC operators shall notify the Commission 
of the date of the activation for testing of the first ATC base station 
and shall maintain a record of the total number of ATC base stations 
operating in the U.S. on any given 200 kHz of spectrum. Upon request by 
the Commission, L-band ATC operators shall provide this information to 
resolve any claim it receives from an L-band MSS operator that ATC 
operations are causing interference to its MSS system.

[[Page 351]]

    (d) Applicants for an ancillary terrestrial component in these bands 
must demonstrate that ATC base stations shall not:
    (1) Exceed peak EIRP of 19.1 dBW, in 200 kHz, per carrier with no 
more than three carriers per sector;
    (2) Exceed an EIRP toward the physical horizon (not to include man-
made structures) of 14.1 dBW per carrier in 200 kHz;
    (3) Locate any ATC base station less than 470 meters from all 
airport runways and aircraft stand areas, including takeoff and landing 
paths;
    (4) Exceed an aggregate power flux density level of -73.0 dBW/
m2/200 kHz at the edge of all airport runways and aircraft 
stand areas, including takeoff and landing paths;
    (5) Locate any ATC base station less than 1.5 km from the boundaries 
of all navigable waterways or the ATC base stations shall not exceed a 
power flux density level of -64.6 dBW/m2/200 kHz at the 
water's edge of any navigable waterway;
    (6) Exceed a peak antenna gain of 16 dBi;
    (7) Exceed an EIRP in the 1559-1605 MHz band of -70 dBW/MHz for 
wideband emissions and -80 dBW for narrowband emissions (discrete 
emissions of less than 700 Hz bandwidth). The ATC station shall not 
exceed an EIRP in the 1605-1610 MHz frequency range that is determined 
by the linear interpolation from -70 dBW/MHz at 1605 MHz to -10 dBW/MHz 
at 1610 MHz for wideband emissions. The wideband EIRP level is to be 
measured using a root mean square (RMS) detector function with a 
resolution bandwidth of 1 MHz or equivalent and the video bandwidth is 
not less than the resolution bandwidth. The narrowband EIRP level is to 
be measured using an RMS detector function with a resolution bandwidth 
of 1 kHz or equivalent. The measurements are to be made over a 20 
millisecond averaging period when the base station is transmitting.
    (e) Applicants for an ancillary terrestrial component in these bands 
must demonstrate, at the time of the application, that ATC base stations 
shall use left-hand-circular polarization antennas with a maximum gain 
of 16 dBi and overhead gain suppression according to the following:

------------------------------------------------------------------------
 Angle from direction of maximum gain,
    in vertical plane, above antenna      Antenna discrimination pattern
               (degrees)                               (dB)
------------------------------------------------------------------------
0......................................  Gmax
5......................................  Not to Exceed Gmax -5
10.....................................  Not to Exceed Gmax -19
15 to 30...............................  Not fo Exceed Gmax -27
30 to 55...............................  Not to Exceed Gmax -35
55 to 145..............................  Not to Exceed Gmax -40
145 to 180.............................  Not to Exceed Gmax -26
------------------------------------------------------------------------
Where: Gmax is the maximum gain of the base station antenna in dBi.

    (f) Prior to operation, ancillary terrestrial component licensees 
shall:
    (1) Provide the Commission with sufficient information to complete 
coordination of ATC base stations with Search-and-Rescue Satellite-Aided 
Tracking (SARSAT) earth stations operating in the 1544-1545 MHz band for 
any ATC base station located either within 27 km of a SARSAT station, or 
within radio horizon of the SARSAT station, whichever is less.
    (2) Take all practicable steps to avoid locating ATC base stations 
within radio line of sight of MAT receive sites in order to protect U.S. 
MAT systems consistent with ITU-R Recommendation ITU-R M.1459. MSS ATC 
base stations located within radio line of sight of a MAT receiver must 
be coordinated with the Aerospace and Flight Test Radio Coordinating 
Council (AFTRCC) for non-Government MAT receivers on a case-by-case 
basis prior to operation. For government MAT receivers, the MSS licensee 
shall supply sufficient information to the Commission to allow 
coordination to take place. A listing of current and planned MAT 
receiver sites can be obtained from AFTRCC for non-Government sites and 
through the FCC's IRAC Liaison for Government MAT receiver sites.

[[Page 352]]

    (g) Applicants for an ancillary terrestrial component in these bands 
must demonstrate that ATC mobile terminals shall:
    (1) Be limited to a peak EIRP level of 0 dBW and an out-of-channel 
emissions of -67dBW/4 kHz at the edge of an MSS licensee's authorized 
and internationally coordinated MSS frequency assignment.
    (2) Take all practicable steps to avoid ATC mobile terminals from 
causing interference to U.S. radio astronomy service (RAS) observations 
in the 1660-1660.5 MHz band.
    (3) Not exceed an EIRP in the 1559-1605 MHz band of -70 dBW/MHz for 
wideband emissions and -80 dBW for narrowband emissions (discrete 
emissions of less than 700 Hz bandwidth). The ATC station shall not 
exceed an EIRP in the 1605-1610 MHz frequency range that is determined 
by the linear interpolation from -70 dBW/MHz at 1605 MHz to -10 dBW/MHz 
at 1610 MHz for wideband emissions. The wideband EIRP level is to be 
measured using a root mean square (RMS) detector function with a 
resolution bandwidth of 1 MHz or equivalent and the video bandwidth is 
not less than the resolution bandwidth. The narrowband EIRP level is to 
be measured using an RMS detector function with a resolution bandwidth 
of 1 kHz or equivalent. The measurements are to be made over a 20 
millisecond averaging period when the mobile terminal is transmitting.
    Note to Sec. 25.253: The preceding rules of Sec. 25.253 are based 
on GSM/TDMA 800 or GSM 1800 system architecture. To the extent that an 
L-band MSS licensee is able to demonstrate that the use of a different 
system architecture would produce no greater potential interference than 
that produced as a result of implementing the rules of this section, an 
MSS licensee is permitted to apply for ATC authorization based on 
another system architecture.

[68 FR 33651, June 5, 2003]



Sec. 25.254  Special requirements for ancillary terrestrial components 
operating in the 1610-1626.5 MHz/2483.5-2500 MHz bands.

    (a) An applicant for an ancillary terrestrial component in these 
bands must demonstrate that ATC base stations shall:
    (1) Not exceed a peak EIRP of 32 dBW in 1.25 MHz;
    (2) Not cause unacceptable interference to systems identified in 
paragraph (c) of this section and, in any case, shall not exceed out-of-
channel emissions of -44.1 dBW/30 kHz at the edge of the MSS licensee's 
authorized frequency assignment;
    (3) At the time of application, that it has taken, or will take 
steps necessary to avoid causing interference to other services sharing 
the use of the 2450-2500 MHz band through frequency coordination; and
    (4) Not exceed an EIRP in the 1559-1605 MHz band of -70 dBW/MHz for 
wideband emissions and -80 dBW for narrowband emissions (discrete 
emissions of less than 700 Hz bandwidth). The ATC station shall not 
exceed an EIRP in the 1605-1610 MHz frequency range that is determined 
by the linear interpolation from -70 dBW/MHz at 1605 MHz to -10 dBW/MHz 
at 1610 MHz for wideband emissions. The wideband EIRP level is to be 
measured using a root mean square (RMS) detector function with a 
resolution bandwidth of 1 MHz or equivalent and the video bandwidth is 
not less than the resolution bandwidth. The narrowband EIRP level is to 
be measured using an RMS detector function with a resolution bandwidth 
of 1 kHz or equivalent. The measurements are to be made over a 20 
millisecond averaging period when the base station is transmitting.
    (b) An applicant for an ancillary terrestrial component in these 
bands must demonstrate that mobile terminals shall:
    (1) Meet the requirements contained in Sec. 25.213 to protect radio 
astronomy service (RAS) observations in the 1610.6-1613.8 MHz band from 
unacceptable interference;
    (2) Observe a peak EIRP limit of 1.0 dBW in 1.25 MHz;
    (3) Observe an out-of-channel EIRP limit of -57.1 dBW/30 kHz at the 
edge of the licensed MSS frequency assignment.
    (4) Not exceed an EIRP in the 1559-1605 MHz band of -70 dBW/MHz for 
wideband emissions and -80 dBW for narrowband emissions (discrete 
emissions of less than 700 Hz bandwidth). The ATC station shall not 
exceed an

[[Page 353]]

EIRP in the 1605-1610 MHz frequency range that is determined by the 
linear interpolation from -70 dBW/MHz at 1605 MHz to -10 dBW/MHz at 1610 
MHz for wideband emissions. The wideband EIRP level is to be measured 
using a root mean square (RMS) detector function with a resolution 
bandwidth of 1 MHz or equivalent and the video bandwidth is not less 
than the resolution bandwidth. The narrowband EIRP level is to be 
measured using an RMS detector function with a resolution bandwidth of 1 
kHz or equivalent. The measurements are to be made over a 20 millisecond 
averaging period when the mobile terminal is transmitting.
    (c) Applicants for an ancillary terrestrial component to be used in 
conjunction with a mobile-satellite service system using CDMA technology 
shall coordinate the use of the Big LEO MSS spectrum designated for CDMA 
systems using the framework established by the ITU in Recommendation 
ITU-R M.1186 ``Technical Considerations for the Coordination Between 
Mobile Satellite Service (MSS) Networks Utilizing Code Division Multiple 
Access (CDMA) and Other Spread Spectrum Techniques in the 1-3 GHz Band'' 
(1995). Recommendation ITU-R M.1186 is incorporated by reference. The 
Director of the Federal Register approves this incorporation by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
of this standard can be inspected at the Federal Communications 
Commission, 445 12th Street, SW., Washington, DC (Reference Information 
Center) or at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. The ITU-R Recommendations can 
also be purchased from the International Telecommunication Union (ITU), 
Place des Nations, CH-1211 Geneva 20, Switzerland.
    Note to Sec. 25.254: The preceding rules of Sec. 25.254 are based 
on cdma2000 and IS-95 system architecture. To the extent that a Big LEO 
MSS licensee is able to demonstrate that the use of different system 
architectures would produce no greater potential interference than that 
produced as a result of implementing the rules of this section, an MSS 
licensee is permitted to apply for ATC authorization based on another 
system architecture.

[68 FR 33653, June 5, 2003, as amended at 69 FR 18803, Apr. 9, 2004]



Sec. 25.255  Procedures for resolving harmful interference related to 

operation of ancillary terrestrial components operating in the 1.5./1.6 
GHz, 1.6/2.4 GHz and 2 GHz bands.

    If harmful interference is caused to other services by ancillary MSS 
ATC operations, either from ATC base stations or mobile terminals, the 
MSS ATC operator must resolve any such interference. If the MSS ATC 
operator claims to have resolved the interference and other operators 
claim that interference has not been resolved, then the parties to the 
dispute may petition the Commission for a resolution of their claims.

[68 FR 33653, June 5, 2003]



Sec. 25.256  [Reserved]



Sec. 25.257  Special requirements for operations in the band 29.1-29.25 
GHz between NGSO MSS and LMDS.

    (a) Non-geostationary mobile satellite service (NGSO MSS) operators 
shall be licensed to use the 29.1-29.25 GHz band for Earth-to-space 
transmissions from feeder link earth station complexes. A ``feeder link 
earth station complex'' may include up to three (3) earth station 
groups, with each earth station group having up to four (4) antennas, 
located within a radius of 75 km of a given set of geographic 
coordinates provided by a NGSO MSS licensees or applicants pursuant to 
Sec. 101.147.
    (b) A maximum of seven (7) feeder link earth station complexes in 
the contiguous United States, Alaska and Hawaii may be placed into 
operation, in the largest 100 MSAs, in the band 29.1-29.25 GHz in 
accordance with Sec. 25.203 and Sec. 101.147 of this chapter.
    (c) One of the NGSO MSS operators licensed to use the 29.1-29.25 GHz 
band may specify geographic coordinates for a maximum of eight feeder 
link earth station complexes that transmit in the 29.1-29.25 GHz band. 
The other NGSO MSS operator licensed to use the 29.1-29.25 GHz band may 
specify geographic coordinates for a maximum of two feeder link earth 
station complexes

[[Page 354]]

that transmit in the 29.1-29.25 GHz band.
    (d) Additional NGSO MSS operators may be licensed in this band if 
the additional NGSO MSS operator shows that its system can share with 
the existing NGSO MSS systems.
    (e) All NGSO MSS operators shall cooperate fully and make reasonable 
efforts to identify mutually acceptable locations for feeder link earth 
station complexes. In this connection, any single NGSO MSS operator 
shall only identify one feeder link earth station complex protection 
zone in each category identified in Sec. 101.147(c)(2) of this chapter 
until the other NGSO MSS operator has been given an opportunity to 
select a location from the same category.

[61 FR 44181, Aug. 28, 1996]



Sec. 25.258  Sharing between NGSO MSS Feeder links Stations and GSO FSS 
services in the 29.25-29.5 GHz Bands.

    (a) Operators of NGSO MSS feeder link earth stations and GSO FSS 
earth stations in the band 29.25 to 29.5 GHz where both services have a 
co-primary allocation shall cooperate fully in order to coordinate their 
systems. During the coordination process both service operators shall 
exchange the necessary technical parameters required for coordination.
    (b) Licensed GSO FSS systems shall, to the maximum extent possible, 
operate with frequency/polarization selections, in the vicinity of 
operational or planned NGSO MSS feeder link earth station complexes, 
that will minimize instances of unacceptable interference to the GSO FSS 
space stations. Earth station licensees operating with GSO FSS systems 
shall be capable of providing earth station locations to support 
coordination of NGSO MSS feeder link stations under paragraphs (a) and 
(c) of this section. Operation of ubiquitously deployed GSO FSS earth 
stations in the 29.25-29.5 GHz frequency band shall conform to the rules 
contained in Sec. 25.138.
    (c) Applicants for authority to use the 29.25-29.5 GHz band for NGSO 
MSS feeder uplinks will have to demonstrate that their systems can share 
with GSO FSS and NGSO MSS systems that have been authorized for 
operation in that band.

[67 FR 37336, May 29, 2002, as amended at 68 FR 16967, Apr. 8, 2003]



Sec. 25.259  Time sharing between NOAA meteorological satellite systems 
and non-voice, non-geostationary satellite systems in the 137-138 MHz band.

    (a) A non-voice, non-geostationary mobile-satellite service system 
licensee (``NVNG licensee'') time-sharing spectrum in the 137-138 MHz 
frequency band shall not transmit signals into the ``protection areas'' 
of National Oceanic and Atmospheric Administration (``NOAA'') satellite 
systems. When calculating the protection areas for a NOAA satellite in 
the 137.333-137.367 MHz, 137.485-137.515 MHz, 137.605-137.635 MHz and 
137.753-137.787 MHz bands, a NVNG licensee shall use an earth station 
elevation angle of five degrees towards the NOAA satellite and will 
cease its transmissions prior to the NVNG licensee's service area, based 
on an elevation angle of zero degrees towards the NVNG licensee's 
satellite, overlapping the NOAA protection area. When calculating the 
protection areas for a NOAA satellite in the 137.025-137.175 MHz and 
137.825-138 MHz bands, a NVNG licensee shall use an earth station 
elevation angle of zero degrees, or less if reasonably necessary, 
towards the NOAA satellite and will cease its transmissions prior to the 
NVNG licensee's service area, based on an elevation angle of zero 
degrees towards the NVNG licensee's satellite, overlapping the NOAA 
protection area. A NVNG licensee is responsible for obtaining the 
necessary ephemeris data. This information shall be updated system-wide 
on at least a weekly basis. A NVNG licensee shall use an orbital 
propagator algorithm with an accuracy equal to or greater than the NORAD 
propagator used by NOAA.
    (b) A NVNG licensee time sharing spectrum in the 137-138 MHz band 
shall establish a 24-hour per day contact person and telephone number so 
that claims of harmful interference into NOAA earth station users and 
other operational issues can be reported and resolved expeditiously. 
This contact information shall be made available to

[[Page 355]]

NOAA or its designee. If the National Telecommunications and Information 
Administration (``NTIA'') notifies the Commission that NOAA is receiving 
unacceptable interference from a NVNG licensee, the Commission will 
require such NVNG licensee to terminate its interfering operations 
immediately unless it demonstrates to the Commission's reasonable 
satisfaction, and that of NTIA, that it is not responsible for causing 
harmful interference into the worldwide NOAA system. A NVNG licensee 
assumes the risk of any liability or damage that it and its directors, 
officers, employees, affiliates, agents and subcontractors may incur or 
suffer in connection with an interruption of its non-voice, non-
geostationary mobile-satellite service, in whole or in part, arising 
from or relating to its compliance or noncompliance with the 
requirements of this paragraph (b). The Commission will not hesitate to 
impose sanctions on a NVNG licensee time-sharing spectrum in the 137-138 
MHz band with NOAA, including monetary forfeitures and license 
revocations, when appropriate.
    (c) Each satellite in a NVNG licensee's system time-sharing spectrum 
with NOAA in the 137-138 MHz band shall automatically turn off and cease 
satellite transmissions if, after 72 consecutive hours, no reset signal 
is received from the NVNG licensee's gateway earth station and verified 
by the satellite. All satellites in such NVNG licensee's system shall be 
capable of instantaneous shutdown on any sub-band upon command from such 
NVNG licensee's gateway earth station.

[62 FR 59296, Nov. 3, 1997]



Sec. 25.260  Time sharing between DoD meteorological satellite systems 

and non-voice, non-geostationary satellite systems in the 400.15-401 MHz 
band.

    (a) A non-voice, non-geostationary mobile-satellite service system 
licensee (``NVNG licensee'') time-sharing spectrum in the 400.15-401.0 
MHz band shall not transmit signals into the ``protection areas'' of 
Department of Defense (``DoD''). When calculating the protection areas 
for a DoD satellite in the 400.15-401 MHz band, a NVNG licensee shall 
use an earth station elevation angle of five degrees towards the DoD 
satellite and will shut off its transmissions prior to the NVNG 
licensee's service area, based on an elevation angle of zero degrees 
towards the NVNG licensee's satellite, overlapping the DoD protection 
area. A NVNG licensee is responsible for obtaining the necessary 
ephemeris data. This information shall be updated system-wide at least 
once per week. A NVNG licensee shall use an orbital propagator algorithm 
with an accuracy equal to or greater than the NORAD propagator used by 
DoD.
    (b) A NVNG licensee time sharing spectrum in the 400.15-401 MHz band 
shall establish a 24-hour per day contact person and telephone number so 
that claims of harmful interference into DoD earth station users and 
other operational issues can be reported and resolved expeditiously. 
This contact information shall be made available to DoD or its designee. 
If the National Telecommunications and Information Administration 
(``NTIA'') notifies the Commission that DoD is receiving unacceptable 
interference from a NVNG licensee, the Commission will require such NVNG 
licensee to terminate its interfering operations immediately unless it 
demonstrates to the Commission's reasonable satisfaction, and that of 
NTIA, that it is not responsible for causing harmful interference into 
the worldwide DoD system. A NVNG licensee assumes the risk of any 
liability or damage that it and its directors, officers, employees, 
affiliates, agents and subcontractors may incur or suffer in connection 
with an interruption of its non-voice, non-geostationary mobile-
satellite service, in whole or in part, arising from or relating to its 
compliance or noncompliance with the requirements of this paragraph (b). 
The Commission will not hesitate to impose sanctions on a NVNG licensee 
time-sharing spectrum in the 400.15-401 MHz band with DoD, including 
monetary forfeitures and license revocations, when appropriate.
    (c) Each satellite in a NVNG licensee's system time-sharing spectrum 
with DoD in the 400.15-401 MHz band shall automatically turn off and 
cease

[[Page 356]]

satellite transmissions if, after 72 consecutive hours, no reset signal 
is received from the NVNG licensee's gateway earth station and verified 
by the satellite. All satellites in such NVNG licensee's system shall be 
capable of instantaneous shutdown on any sub-band upon command from such 
NVNG licensee's gateway earth station.
    (d) Initially, a NVNG licensee time-sharing spectrum with DoD in the 
400.15-401 MHz band shall be able to change the frequency on which its 
system satellites are operating within 125 minutes of receiving 
notification from a DoD required frequency change in the 400.15-401 MHz 
band. Thereafter, when a NVNG licensee constructs additional gateway 
earth stations located outside of North and South America, it shall use 
its best efforts to decrease to 90 minutes the time required to 
implement a DoD required frequency change. A NVNG licensee promptly 
shall notify the Commission and NTIA of any decrease in the time it 
requires to implement a DoD required frequency change.
    (e) Once a NVNG licensee time-sharing spectrum with DoD in the 
400.15-401 MHz band demonstrates to DoD that it is capable of 
implementing a DoD required frequency change within the time required 
under paragraph (d) of this section, thereafter, such NVNG licensee 
shall demonstrate its capability to implement a DoD required frequency 
change only once per year at the instruction of DoD. Such demonstrations 
shall occur during off-peak hours, as determined by the NVNG licensee, 
unless otherwise agreed by the NVNG licensee and DoD. Such NVNG licensee 
will coordinate with DoD in establishing a plan for such a 
demonstration. In the event that a NVNG licensee fails to demonstrate to 
DoD that it is capable of implementing a DoD required frequency change 
in accordance with a demonstration plan established by DoD and the NVNG 
licensee, upon the Commission's receipt of a written notification from 
NTIA describing such failure, the Commission shall impose additional 
conditions or requirements on the NVNG licensee's authorization as may 
be necessary to protect DoD operations in the 400.15-401 MHz downlink 
band until the Commission is notified by NTIA that the NVNG licensee has 
successfully demonstrated its ability to implement a DoD required 
frequency change. Such additional conditions or requirements may 
include, but are not limited to, requiring such NVNG licensee 
immediately to terminate its operations interfering with the DoD system.

[62 FR 59296, Nov. 3, 1997]



Sec. 25.261  Procedures for avoidance of in-line interference events for 

Non Geostationary Satellite Orbit (NGSO) Satellite Network Operations 
in the Fixed Satellite Service (FSS) Bands.

    (a) Applicable NGSO FSS Bands. The coordination procedures in this 
section apply to non-Federal-Government NGSO FSS satellite networks 
operating in the following assigned frequency bands: The 28.6-29.1 GHz 
or 18.8-19.3 GHz frequency bands.
    (b) Definition of ``In-line interference events.'' For purposes of 
this section, an ``in-line interference event'' is defined as the 
interference associated with an occurrence of any physical alignment of 
space stations of two or more satellite networks with an operating Earth 
station of one of these networks in such a way that the angular 
separation between operational links of the two networks is less than 
10[deg] as measured at the Earth station.
    (c) Default procedure. If no agreed coordination exists between two 
or more satellite networks, then the bands will be divided among the 
affected satellite networks involved in an in-line interference event in 
accordance with the following procedure:
    (1) Each of n (number of) satellite networks involved in a 
particular in-line interference event shall select 1/n of the assigned 
spectrum available in each frequency band for its home base spectrum. 
The selection order for each satellite network shall be determined by 
and be in accordance with the date that the first space station in each 
satellite network is launched and operating;
    (2) The affected space station(s) of the respective satellite 
networks shall only operate in the selected (1/n) spectrum associated 
with its satellite network, its home base spectrum, for the

[[Page 357]]

duration of the in-line interference event;
    (3) All affected space station(s) may resume operations throughout 
the assigned frequency bands once the angular separation between the 
affected space stations in the in-line interference event is again 
greater than 10[deg].
    (d) Coordination procedure. Any coordination procedure agreed among 
the affected operating satellite networks, which allows operations of 
the satellite networks when each network's respective space stations are 
within the 10 degree avoidance angle associated with an in-line 
interference event, shall supersede the default procedure of paragraph 
(c) of this section. Coordination may be effected using information 
relating to the space stations and the parameters of one or more typical 
earth stations. All parties are required to coordinate in good faith.

[68 FR 59129, Oct. 14, 2003]



                     Subpart D_Technical Operations

    Source: 58 FR 13421, Mar. 11, 1993, unless otherwise noted.



Sec. 25.271  Control of transmitting stations.

    (a) The licensee of a facility licensed under this part is 
responsible for the proper operation and maintenance of the station.
    (b) The licensee of a transmitting earth station licensed under this 
part shall ensure that a trained operator is present on the earth 
station site, or at a designated remote control point for the earth 
station, at all times that transmissions are being conducted. No 
operator's license is required for a person to operate or perform 
maintenance on facilities authorized under this part.
    (c) Authority will be granted to operate a transmitting earth 
station by remote control only on the conditions that:
    (1) The parameters of the transmissions of the remote station 
monitored at the control point, and the operational functions of the 
remote earth stations that can be controlled by the operator at the 
control point, are sufficient to insure that the operations of the 
remote station(s) are at times in full compliance with the remote 
station authorization(s);
    (2) The earth station facilities are protected by appropriate 
security measures to prevent unauthorized entry or operations;
    (3) Upon detection by the license, or upon notification from the 
Commission of a deviation or upon notification by another licensee of 
harmful interference, the operation of the remote station shall be 
immediately suspended by the operator at the control point until the 
deviation or interference is corrected, except that transmissions 
concerning the immediate safety of life or property may be conducted for 
the duration of the emergency; and
    (4) The licensee shall have available at all times the technical 
personnel necessary to perform expeditiously the technical servicing and 
maintenance of the remote stations.
    (d) The licensee shall insure that the licensed facilities are 
properly secured against unauthorized access or use whenever an operator 
is not present at the transmitter.
    (e) The licensee of an NGSO FSS system operating in the 10.7-14.5 
GHz bands shall maintain an electronic web site bulletin board to list 
the satellite ephemeris data, for each satellite in the constellation, 
using the North American Aerospace Defense Command (NORAD) two-line 
orbital element format. The orbital elements shall be updated at least 
once every three days.

[58 FR 13421, Mar. 11, 1993, as amended at 66 FR 10631, Feb. 16, 2001]



Sec. 25.272  General inter-system coordination procedures.

    (a) Each space station licensee in the Fixed-Satellite Service shall 
establish a satellite network control center which will have the 
responsibility to monitor space-to-Earth transmissions in its system. 
This would indirectly monitor uplink earth station transmissions in its 
system and to coordinate transmissions in its satellite system with 
those of other systems to prevent harmful interference incidents or, in 
the event of a harmful interference incident, to identify the source of 
the interference and correct the problem promptly.

[[Page 358]]

    (b) Each space station licensee shall maintain on file with the 
Commission and with its Columbia Operations Center in Columbia, 
Maryland, a current listing of the names, titles, addresses and 
telephone numbers of the points of contact for resolution of 
interference problems. Contact personnel should include those 
responsible for resolution of short term, immediate interference 
problems at the system control center, and those responsible for long 
term engineering and technical design issues.
    (c) The transmitting earth station licensee shall provide the 
operator(s) of the satellites, on which the licensee is authorized to 
transmit, contact telephone numbers for the control center of the earth 
station and emergency telephone numbers for key personnel; a current 
file of these contacts shall be maintained at each satellite system 
control center.
    (d) An earth station licensee shall ensure that each of its 
authorized earth stations complies with the following:
    (1) The earth station licensee shall ensure that there is 
continuously available means of communications between the satellite 
network control center and the earth station operator or its remote 
control point as designated by the licensee.
    (2) The earth station operator shall notify the satellite network 
control center and receive permission from the control center before 
transmitting to the satellite or changing the basic characteristics of a 
transmission.
    (3) The earth station operator shall keep the space station licensee 
informed of all actual and planned usage.
    (4) Upon approval of the satellite network control center, the earth 
station operator may radiate an RF carrier into the designated 
transponder. Should improper illumination of the transponder or undue 
adjacent transponder interference be observed by the satellite network 
control center, the earth station operator shall immediately take 
whatever measures are needed to eliminate the problem.
    (5) The space station licensee may delegate the responsibility and 
duties of the satellite network control center to a technically 
qualified user or group of users, but the space station licensee shall 
remain ultimately responsible for the performance of those duties.

[58 FR 13421, Mar. 11, 1993, as amended at 62 FR 5931, Feb. 10, 1997]



Sec. 25.273  Duties regarding space communications transmissions.

    (a) No person shall:
    (1) Transmit to a satellite unless the specific transmission is 
first authorized by the satellite network control center;
    (2) Conduct transmissions over a transponder unless the operator is 
authorized by the satellite licensee or the satellite licensee's 
successor in interest to transmit at that time; or
    (3) Transmit in any manner that causes unacceptable interference to 
the authorized transmission of another licensee.
    (b) Satellite operators shall provide upon request by the Commission 
and by earth station licensees authorized to transmit on their 
satellites relevant information needed to avoid unacceptable 
interference to other users, including the polarization angles for 
proper illumination of a given transponder.
    (c) Space station licensees are responsible for maintaining complete 
and accurate technical details of current and planned transmissions over 
their satellites, and shall require that authorized users of 
transponders on their satellites, whether by tariff or contract, provide 
any necessary technical information in this regard including that 
required by Sec. 25.272. Based on this information, space station 
licensees shall exchange among themselves general technical information 
concerning current and planned transmission parameters as needed to 
identify and promptly resolve any potential cases of unacceptable 
interference between their satellite systems.
    (d) Space stations authorized after May 10, 1993 which do not 
satisfy the requirements of Sec. 25.210 may be required to accept 
greater constraints in resolving interference problems than complying 
ones. The extent of these constraints shall be determined on a case-by-
case basis.

[[Page 359]]



Sec. 25.274  Procedures to be followed in the event of harmful interference.

    (a) The earth station operator whose transmission is suffering 
harmful interference shall first check the earth station equipment to 
ensure that the equipment is functioning properly.
    (b) The earth station operator shall then check all other earth 
stations in the licensee's network that could be causing the harmful 
interference to ensure that none of the licensee's earth stations are 
the source of the interference and to verify that the source of 
interference is not from a local terrestrial source.
    (c) After the earth station operator has determined that the source 
of the interference is not another earth station operating in the same 
network or from a terrestrial source, the earth station operator shall 
contact the satellite system control center and advise the satellite 
operator of the problem. The control center operator shall observe the 
interference incident and make reasonable efforts to determine the 
source of the problem. A record shall be maintained by the control 
center operator and the earth station operator of all harmful 
interference incidents and their resolution. These records shall be made 
available to an FCC representative on request.
    (d) Where the suspected source of the interference incident is the 
operation of an earth station licensed to operate on one or more of the 
satellites in the satellite operator's system, the control center 
operator shall advise the offending earth station of the harmful 
interference incident and assist in the resolution of the problem where 
reasonably possible.
    (e) The earth station licensee whose operations are suspected of 
causing harmful interference to the operations of another earth station 
shall take reasonable measures to determine whether its operations are 
the source of the harmful interference problem. Where the operations of 
the suspect earth station are the source of the interference, the 
licensee of that earth station shall take all measures necessary to 
eliminate the interference.
    (f) At any point, the system control center operator may contact the 
Commission's Columbia Operations Center in Columbia, Maryland, to assist 
in resolving the matter. This office specializes in the resolution of 
satellite interference problems. All licensees are required to cooperate 
fully with the Commission in any investigation of interference problems.
    (g) Where the earth station suspected of causing interference to the 
operations of another earth station cannot be identified or is 
identified as an earth station operating on a satellite system other 
than the one on which the earth station suffering undue interference is 
operating, it is the responsibility of a representative of the earth 
station suffering harmful interference to contact the control center of 
other satellite systems.

[58 FR 13421, Mar. 11, 1993, as amended at 62 FR 5931, Feb. 10, 1997]



Sec. 25.275  Particulars of operation.

    (a) Radio station authorizations issued under this part will 
normally specify only the frequency bands authorized for transmission 
and/or reception of the station.
    (b) When authorized frequency bands are specified in the station 
authorization, the licensee is authorized to transmit any number of r.f. 
carriers on any discrete frequencies within an authorized frequency band 
in accordance with the other terms and conditions of the authorization 
and the requirements of this part. Specific r.f. carrier frequencies 
within the authorized frequency band shall be selected by the licensee 
to avoid unacceptable levels of interference being caused to other 
earth, space or terrestrial stations. Any coordination agreements, both 
domestic and international, concerning specific frequency usage 
constraints, including non-use of any particular frequencies within the 
frequency bands listed in the station authorization, are considered to 
be conditions of the station authorization.
    (c) A license for a transmitting earth station will normally specify 
only the r.f. carriers having the highest e.i.r.p. density, the 
narrowest bandwidth, and the largest bandwidth authorized for 
transmission from that station. Unless otherwise specified in the 
station authorization, the licensee is authorized to transmit any other 
type of carrier

[[Page 360]]

not specifically listed which does not exceed the highest e.i.r.p., 
e.i.r.p. density and bandwidth prescribed for any listed emission.
    (d) Only the most sensitive emission(s) for which protection is 
being afforded from interference in the authorized receive frequency 
band(s) will be specified in the station authorization.



Sec. 25.276  Points of communication.

    (a) Unless otherwise specified in the station authorization, an 
earth station is authorized to transmit to any space station in the same 
radio service provided that permission has been received from the space 
station operator to access that space station.
    (b) Space stations licensed under this part are authorized to 
provide service to earth stations located within the specified service 
area. Coastal waters within the outer continental shelf shall be 
considered to be included within the service area specified by the named 
land mass.
    (c) Transmission to or from foreign points over space stations in 
the Fixed-Satellite Service, other than those operated by the 
International Telecommunications Satellite Organization and Inmarsat, 
are subject to the policies set forth in the Report and Order, adopted 
January 19, 1996 in IB Docket No. 95-41.

[58 FR 13421, Mar. 11, 1993, as amended at 61 FR 9953, Mar. 12, 1996]



Sec. 25.277  Temporary fixed earth station operations.

    (a) When an earth station in the Fixed-Satellite Service is to 
remain at a single location for fewer than 6 months, the location may be 
considered to be temporary fixed. Services provided at a single location 
which are initially known to be of longer than six months' duration 
shall not be provided under a temporary fixed authorization.
    (b) When a station, authorized as a temporary fixed earth station, 
is to remain at a single location for more than six months, application 
for a regular station authorization at that location shall be filed at 
least 30 days prior to the expiration of the six-month period.
    (c) The licensee of an earth station which is authorized to conduct 
temporary fixed operations in bands shared co-equally with terrestrial 
fixed stations shall provide the following information to the Director 
of the Columbia Operations Center at 9200 Farmhouse Lane, Columbia, 
Maryland 21046, and to the licensees of all terrestrial facilities lying 
within the coordination contour of the proposed temporary fixed earth 
station site before beginning transmissions:
    (1) The name of the person operating the station and the telephone 
number at which the operator can be reached directly;
    (2) The exact frequency or frequencies used and the type of 
emissions and power levels to be transmitted; and
    (3) The commencement and anticipated termination dates of operation 
from each location.
    (d) Transmissions may not be commenced until all affected 
terrestrial licensees have been notified and the earth station operator 
has confirmed that unacceptable interference will not be caused to such 
terrestrial stations.
    (e) Operations of temporary fixed earth stations shall cease 
immediately upon notice of harmful interference from the Commission or 
the affected licensee.

[58 FR 13421, Mar. 11, 1993, as amended at 62 FR 5931, Feb. 10, 1997]



Sec. 25.278  Additional coordination obligation for non-geostationary and 

geostationary satellite systems in frequencies allocated to the 
fixed-satellite service.

    Licensees of non-geostationary satellite systems that use frequency 
bands allocated to the fixed-satellite service for their feeder link 
operations shall coordinate their operations with licensees of 
geostationary fixed-satellite service systems licensed by the Commission 
for operation in the same frequency bands. Licensees of geostationary 
fixed-satellite service systems in the frequency bands that are licensed 
to non-geostationary satellite systems for feeder link operations shall 
coordinate their operations with the licensees of such non-geostationary 
satellite systems.

[59 FR 53330, Oct. 21, 1994]

[[Page 361]]



Sec. 25.279  Inter-satellite service.

    (a) Any satellite communicating with other space stations may use 
frequencies in the inter-satellite service as indicated in Sec. 2.106 
of this chapter. This does not preclude the use of other frequencies for 
such purposes as provided for in several service definitions, e.g., FSS. 
The technical details of the proposed inter-satellite link shall be 
provided in accordance with Sec. 25.114(c).
    (b) Operating conditions. In order to ensure compatible operations 
with authorized users in the frequency bands to be utilized for 
operations in the inter-satellite service, these inter-satellite service 
systems must operate in accordance with the conditions specified in this 
section.
    (1) Coordination requirements with federal government users. (i) In 
frequency bands allocated for use by the inter-satellite service that 
are also authorized for use by agencies of the federal government, the 
federal use of frequencies in the inter-satellite service frequency 
bands is under the regulatory jurisdiction of the National 
Telecommunications and Information Administration (NTIA).
    (ii) The Commission will use its existing procedures to reach 
agreement with NTIA to achieve compatible operations between federal 
government users under the jurisdiction of NTIA and inter-satellite 
service systems through frequency assignment and coordination practice 
established by NTIA and the Interdepartment Radio Advisory Committee 
(IRAC). In order to facilitate such frequency assignment and 
coordination, applicants shall provide the Commission with sufficient 
information to evaluate electromagnetic compatibility with the federal 
government users of the spectrum, and any additional information 
requested by the Commission. As part of the coordination process, 
applicants shall show that they will not cause interference to 
authorized federal government users, based upon existing system 
information provided by the government. The frequency assignment and 
coordination of the satellite system shall be completed prior to grant 
of construction authorization.
    (2) Coordination among inter-satellite service systems. Applicants 
for authority to establish inter-satellite service are encouraged to 
coordinate their proposed frequency usage with existing permittees and 
licensees in the inter-satellite service whose facilities could be 
affected by the new proposal in terms of frequency interference or 
restricted system capacity. All affected applicants, permittees, and 
licensees, shall at the direction of the Commission, cooperate fully and 
make every reasonable effort to resolve technical problems and conflicts 
that may inhibit effective and efficient use of the radio spectrum; 
however, the permittee or licensee being coordinated with is not 
obligated to suggest changes or re-engineer an applicant's proposal in 
cases involving conflicts.

[59 FR 53331, Oct. 21, 1994, as amended at 65 FR 59144, Oct. 4, 2000]



Sec. 25.280  Inclined orbit operations.

    (a) Satellite operators may commence operation in inclined orbit 
mode without obtaining prior Commission authorization provided that the 
Commission is notified by letter within 30 days after operators 
commence. The notification shall include:
    (1) The operator's name;
    (2) The date of commencement of inclined orbit operation;
    (3) The initial inclination;
    (4) The rate of change in inclination per year; and
    (5) The expected end-of-life of the satellite accounting for 
inclined orbit operation.
    (b) Licensees operating in inclined-orbit are required to:
    (1) Periodically correct the satellite altitude to achieve a 
stationary spacecraft antenna pattern on the surface of the Earth and 
centered on the satellite's designated service area;
    (2) Control all interference to adjacent satellites, as a result of 
operating in an inclined orbit, to levels not to exceed that which would 
be caused by the satellite operating without an inclined orbit;
    (3) Not claim protection in excess of the protection that would be 
received by the satellite network operating without an inclined orbit; 
and

[[Page 362]]

    (4) Continue to maintain the space station at the authorized 
longitude orbital location in the geostationary satellite arc with the 
appropriate east-west station-keeping tolerance.

[62 FR 5931, Feb 10, 1997]

    Effective Date Note: At 69 FR 54587, Sept. 9, 2004, Sec. 25.280 was 
revised, effective Oct. 12, 2004. For the convenience of the user, the 
revised text is set forth as follows:

Sec. 25.280  Inclined orbit operations.

    (a) Satellite operators may commence operation in inclined orbit 
mode without obtaining prior Commission authorization provided that the 
Commission is notified by letter within 30 days after the last north-
south station keeping maneuver. The notification shall include:
    (1) The operator's name;
    (2) The date of commencement of inclined orbit operation;
    (3) The initial inclination;
    (4) The rate of change in inclination per year; and
    (5) The expected end-of-life of the satellite accounting for 
inclined orbit operation, and the maneuvers specified under Sec. 25.283 
of the Commission's rules.
    (b) Licensees operating in inclined-orbit are required to:
    (1) Periodically correct the satellite attitude to achieve a 
stationary spacecraft antenna pattern on the surface of the Earth and 
centered on the satellite's designated service area;
    (2) Control all electrical interference to adjacent satellites, as a 
result of operating in an inclined orbit, to levels not to exceed that 
which would be caused by the satellite operating without an inclined 
orbit;
    (3) Not claim protection in excess of the protection that would be 
received by the satellite network operating without an inclined orbit; 
and
    (4) Continue to maintain the space station at the authorized 
longitude orbital location in the geostationary satellite arc with the 
appropriate east-west station-keeping tolerance.



Sec. 25.281  Automatic Transmitter Identification System (ATIS).

    All satellite uplink transmissions carrying broadband video 
information shall be identified through the use of an automatic 
transmitter identification system as specified below.
    (a) Effective March 1, 1991, all satellite video uplink facilities 
shall be equipped with an ATIS encoder meeting the specifications set 
forth in paragraph (d) of this section.
    (b) All video uplink facilities utilizing a transmitter manufactured 
on or after March 1, 1991 shall be equipped with an ATIS encoder meeting 
the performance specifications set forth in paragraph (d) of this 
section and the encoder shall be integrated into the uplink transmitter 
chain in a method that cannot easily be defeated.
    (c) The ATIS signal shall be a separate subcarrier which is 
automatically activated whenever any RF emissions occur. The ATIS 
information shall continuously repeat.
    (d) The ATIS signal shall consist of the following:
    (1) A subcarrier signal generated at a frequency of 7.1 MHz +/-25 
KHz and injected at a level no less than -26 dB (referenced to the 
unmodulated carrier). The subcarrier deviation shall not exceed 25 kHz 
peak deviation.
    (2) The protocol shall be International Morse Code keyed by a 1200 
Hz 800 Hz tone representing a mark and a message 
rate of 15 to 25 words per minute. The tone shall frequency modulate the 
subcarrier signal.
    (3) The ATIS signal as a minimum shall consist of the following:
    (i) The FCC assigned earth station call sign;
    (ii) A telephone number providing immediate access to personnel 
capable of resolving ongoing interference or coordination problems with 
the station;
    (iii) A unique ten digit serial number of random number code 
programmed into the ATIS device in a permanent manner such that it 
cannot be readily changed by the operator on duty;
    (iv) Additional information may be included within the ATIS data 
stream provided the total message length, including ATIS, does not 
exceed 30 seconds.

[55 FR 21551, May 25, 1990. Redesignated at 62 FR 5932, Feb. 10, 1997]



Sec. 25.282  Orbit raising maneuvers.

    A space station authorized to operate in the geostationary satellite 
orbit under this part is also authorized to transmit in connection with 
short-term, transitory maneuvers directly related to post-launch, orbit-
raising maneuvers, provided that the following conditions are met:

[[Page 363]]

    (a) Authority is limited to those tracking, telemetry, and control 
frequencies in which the space station is authorized to operate once it 
reaches its assigned geostationary orbital location;
    (b) In the event that any unacceptable interference does occur, the 
space station licensee shall cease operations until the issue is 
rectified;
    (c) The space station licensee is required to accept interference 
from any lawfully operating satellite network or radio communication 
system.

[69 FR 54587, Sept. 7, 2004]

    Effective Date Note: At 69 FR 54587, Sept. 9, 2004, Sec. 25.282 was 
added, effective Oct. 12, 2004.



Sec. 25.283  End-of-life disposal.

    (a) Geostationary orbit space stations. Unless otherwise explicitly 
specified in an authorization, a space station authorized to operate in 
the geostationary satellite orbit under this part shall be relocated, at 
the end of its useful life, barring catastrophic failure of satellite 
components, to an orbit with a perigee with an altitude of no less than:

36,021 km + (1000[middot]CR[middot]A/m)


where CR is the solar pressure radiation coefficient of the 
spacecraft, and A/m is the Area to mass ratio, in square meters per 
kilogram, of the spacecraft.
    (b) A space station authorized to operate in the geostationary 
satellite orbit under this part may operate using its authorized 
tracking, telemetry and control frequencies, and outside of its assigned 
orbital location, for the purpose of removing the satellite from the 
geostationary satellite orbit at the end of its useful life, provided 
that the conditions of paragraph (a) of this section are met, and on the 
condition that the space station's tracking, telemetry and control 
transmissions are planned so as to avoid electrical interference to 
other space stations, and coordinated with any potentially affected 
satellite networks.
    (c) All space stations. Upon completion of any relocation authorized 
by paragraph (b) of this section, or any relocation at end-of-life 
specified in an authorization, or upon a spacecraft otherwise completing 
its authorized mission, a space station licensee shall ensure, unless 
prevented by technical failures beyond its control, that all stored 
energy sources on board the satellite are discharged, by venting excess 
propellant, discharging batteries, relieving pressure vessels, and other 
appropriate measures.
    (d) The minimum perigee requirement of paragraph (a) of this section 
shall not apply to space stations launched prior to March 18, 2002.

[69 FR 54588, Sept. 9, 2004]

    Effective Date Note: At 69 FR 54588, Sec. 25.283 was added, 
effective Oct. 12, 2004.



Sec. 25.284  Emergency Call Center Service.

    Providers of mobile satellite service to end-user customers (part 
25, subparts A-D) must provide Emergency Call Center service to the 
extent that they offer real-time, two way switched voice service that is 
interconnected with the public switched network and utilize an in-
network switching facility which enables the provider to reuse 
frequencies and/or accomplish seamless hand-offs of subscriber calls. 
Emergency Call Center personnel must determine the emergency caller's 
phone number and location and then transfer or otherwise redirect the 
call to an appropriate public safety answering point. Providers of 
mobile satellite services that utilize earth terminals that are not 
capable of use while in motion are exempt from providing Emergency Call 
Center service for such terminals.

[69 FR 6582, Feb. 11, 2004]

    Effective Date Notes: 1. At 69 FR 6582, Feb. 11, 2004, Sec. 25.284 
was added, effective Feb. 11, 2005.
    2. At 69 FR 54042, Sept. 7, 2004, the text of Sec. 25.284 was 
redesignated as paragraph (a), and new paragraph (b) was added, 
effective Feb. 14, 2005. For the convenience of the user, the added text 
is set forth as follows:

Sec. 25.284  Emergency Call Center Service.

    (a) * * *
    (b) Beginning February 11, 2005, each mobile satellite service 
carrier that is subject to the provisions of paragraph (a) of this 
section must maintain records of all 911 calls received at its emergency 
call center. Beginning October 15, 2005, and on each following October 
15, mobile satellite service carriers providing service in the 1.6/2.4 
GHz and 2 GHz

[[Page 364]]

bands must submit a report to the Commission regarding their call center 
data, current as of September 30 of that year. Beginning June 30, 2006, 
and on each following June 30, mobile satellite service carriers 
providing service in bands other than 1.6/2.4 GHz and 2 GHz must submit 
a report to the Commission regarding their call center data, current as 
of May 31 of that year. These reports must include, at a minimum, the 
following:
    (1) The name and address of the carrier, the address of the 
carrier's emergency call center, and emergency call center contact 
information;
    (2) The aggregate number of calls received by the call center each 
month during the relevant reporting period;
    (3) An indication of how many calls received by the call center each 
month during the relevant reporting period required forwarding to a 
public safety answering point and how many did not require forwarding to 
a public safety answering point.

Subpart E [Reserved]



            Subpart F_Competitive Bidding Procedures for DARS

    Source: 62 FR 11106, Mar. 11, 1997, unless otherwise noted.



Sec. 25.401  Satellite DARS applications subject to competitive bidding.

    Mutually exclusive initial applications for DARS service licenses 
are subject to competitive bidding. The general competitive bidding 
procedures set forth in part 1, subpart Q of this chapter will apply 
unless otherwise provided in this part.

[67 FR 45373, July 9, 2002]



Sec. 25.402  [Reserved]



Sec. 25.403  Bidding application and certification procedures.

    Submission of Supplemental Application Information. In order to be 
eligible to bid, each pending applicant must timely submit certain 
supplemental information. All supplemental information shall be filed by 
the applicant five days after publication of these rules in the Federal 
Register. The supplemental information must be certified and include the 
following:
    (a) Applicant's name;
    (b) Mailing Address (no Post Office boxes);
    (c) City;
    (d) State;
    (e) ZIP Code;
    (f) Auction Number 15;
    (g) FCC Account Number;
    (h) Person(s) authorized to make or withdraw a bid (list up to three 
individuals);
    (i) Certifications and name and title of person certifying the 
information provided;
    (j) Applicant's contact person and such person's telephone number, 
E-mail address and FAX number; and
    (k) Signature and date.



Sec. 25.404  Submission of down payment and filing of long-form applications.

    A high bidder that meets its down payment obligations in a timely 
manner must, within thirty (30) business days after being notified that 
it is a high bidder, submit an amendment to its pending application to 
provide the information required by Sec. 25.144.

[67 FR 45373, July 9, 2002]



Sec. Sec. 25.405-25.406  [Reserved]

Subparts G--H [Reserved]



                Subpart I_Equal Employment Opportunities



Sec. 25.601  Equal employment opportunity requirement.

    Notwithstanding other EEO provisions within these rules, an entity 
that uses an owned or leased fixed-satellite service or direct broadcast 
satellite service facility (operating under this part) to provide video 
programming directly to the public on a subscription basis 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. Notwithstanding other EEO provisions within these rules, a 
licensee or permittee of a direct broadcast satellite station operating 
as a broadcaster must comply with the equal employment opportunity 
requirements set forth in part 73.

[67 FR 51114, Aug. 7, 2002]

[[Page 365]]



                  Subpart J_Public Interest Obligations



Sec. 25.701  Public interest obligations.

    (a) DBS providers are subject to the public interest obligations set 
forth in paragraphs (b), (c), (d), (e) and (f) of this section. As used 
in this section, DBS providers are any of the following:
    (1) Entities licensed to operate satellites in the 12.2 to 12.7 GHz 
DBS frequency bands; or
    (2) Entities licensed to operate satellites in the Ku band fixed 
satellite service and that sell or lease capacity to a video programming 
distributor that offers service directly to consumers providing a 
sufficient number of channels so that four percent of the total 
applicable programming channels yields a set aside of at least one 
channel of non commercial programming pursuant to paragraph (e) of this 
section, or
    (3) Non U.S. licensed satellite operators in the Ku band that offer 
video programming directly to consumers in the United States pursuant to 
an earth station license issued under part 25 of this title and that 
offer a sufficient number of channels to consumers so that four percent 
of the total applicable programming channels yields a set aside of one 
channel of non commercial programming pursuant to paragraph (e) of this 
section.
    (b) Political broadcasting requirements --
    (1) Legally qualified candidates for public office for purposes of 
this section are as defined in Sec. 73.1940 of this chapter.
    (2) DBS origination programming is defined as programming (exclusive 
of broadcast signals) carried on a DBS facility over one or more 
channels and subject to the exclusive control of the DBS provider.
    (3) Reasonable access. (i) DBS providers must comply with section 
312(a)(7) of the Communications Act of 1934, as amended, by allowing 
reasonable access to, or permitting purchase of reasonable amounts of 
time for, the use of their facilities by a legally qualified candidate 
for federal elective office on behalf of his or her candidacy.
    (ii) Weekend access. For purposes of providing reasonable access, 
DBS providers shall make facilities available for use by federal 
candidates on the weekend before the election if the DBS provider has 
provided similar access to commercial advertisers during the year 
preceding the relevant election period. DBS providers shall not 
discriminate between candidates with regard to weekend access.
    (4) Use of facilities; equal opportunities. DBS providers must 
comply with section 315 of the Communications Act of 1934, as amended, 
by providing equal opportunities to legally qualified candidates for DBS 
origination programming.
    (i) General requirements. Except as otherwise indicated in Sec. 
25.701(b)(3), no DBS provider is required to permit the use of its 
facilities by any legally qualified candidate for public office, but if 
a DBS provider shall permit any such candidate to use its facilities, it 
shall afford equal opportunities to all other candidates for that office 
to use such facilities. Such DBS provider shall have no power of 
censorship over the material broadcast by any such candidate. Appearance 
by a legally qualified candidate on any:
    (A) Bona fide newscast;
    (B) Bona fide news interview;
    (C) Bona fide news documentary (if the appearance of the candidate 
is incidental to the presentation of the subject or subjects covered by 
the news documentary); or
    (D) On the spot coverage of bona fide news events (including, but 
not limited to political conventions and activities incidental thereto) 
shall not be deemed to be use of a DBS provider's facility. (Section 
315(a) of the Communications Act.)
    (ii) Uses. As used in this section and Sec. 25.701(c), the term 
``use'' means a candidate appearance (including by voice or picture) 
that is not exempt under paragraphs (b)(3)(i)(A) through (b)(3)(i)(D) of 
this section.
    (iii) Timing of request. A request for equal opportunities must be 
submitted to the DBS provider within 1 week of the day on which the 
first prior use giving rise to the right of equal opportunities 
occurred: Provided, however, That where the person was not a candidate 
at the time of such first prior use, he or she shall submit his or her

[[Page 366]]

request within 1 week of the first subsequent use after he or she has 
become a legally qualified candidate for the office in question.
    (iv) Burden of proof. A candidate requesting equal opportunities of 
the DBS provider or complaining of noncompliance to the Commission shall 
have the burden of proving that he or she and his or her opponent are 
legally qualified candidates for the same public office.
    (v) Discrimination between candidates. In making time available to 
candidates for public office, no DBS provider shall make any 
discrimination between candidates in practices, regulations, facilities, 
or services for or in connection with the service rendered pursuant to 
this part, or make or give any preference to any candidate for public 
office or subject any such candidate to any prejudice or disadvantage; 
nor shall any DBS provider make any contract or other agreement that 
shall have the effect of permitting any legally qualified candidate for 
any public office to use DBS origination programming to the exclusion of 
other legally qualified candidates for the same public office.
    (c) Candidate rates--(1) Charges for use of DBS facilities. The 
charges, if any, made for the use of any DBS facility by any person who 
is a legally qualified candidate for any public office in connection 
with his or her campaign for nomination for election, or election, to 
such office shall not exceed:
    (i) During the 45 days preceding the date of a primary or primary 
runoff election and during the 60 days preceding the date of a general 
or special election in which such person is a candidate, the lowest unit 
charge of the DBS provider for the same class and amount of time for the 
same period.
    (A) A candidate shall be charged no more per unit than the DBS 
provider charges its most favored commercial advertisers for the same 
classes and amounts of time for the same periods. Any facility practices 
offered to commercial advertisers that enhance the value of advertising 
spots must be disclosed and made available to candidates upon equal 
terms. Such practices include but are not limited to any discount 
privileges that affect the value of advertising, such as bonus spots, 
time sensitive make goods, preemption priorities, or any other factors 
that enhance the value of the announcement.
    (B) The Commission recognizes non preemptible, preemptible with 
notice, immediately preemptible and run of schedule as distinct classes 
of time.
    (C) DBS providers may establish and define their own reasonable 
classes of immediately preemptible time so long as the differences 
between such classes are based on one or more demonstrable benefits 
associated with each class and are not based solely upon price or 
identity of the advertiser. Such demonstrable benefits include, but are 
not limited to, varying levels of preemption protection, scheduling 
flexibility, or associated privileges, such as guaranteed time sensitive 
make goods. DBS providers may not use class distinctions to defeat the 
purpose of the lowest unit charge requirement. All classes must be fully 
disclosed and made available to candidates.
    (D) DBS providers may establish reasonable classes of preemptible 
with notice time so long as they clearly define all such classes, fully 
disclose them and make them available to candidates.
    (E) DBS providers may treat non preemptible and fixed position as 
distinct classes of time provided that they articulate clearly the 
differences between such classes, fully disclose them, and make them 
available to candidates.
    (F) DBS providers shall not establish a separate, premium priced 
class of time sold only to candidates. DBS providers may sell higher 
priced non preemptible or fixed time to candidates if such a class of 
time is made available on a bona fide basis to both candidates and 
commercial advertisers, and provided such class is not functionally 
equivalent to any lower priced class of time sold to commercial 
advertisers.
    (G) [Reserved]
    (H) Lowest unit charge may be calculated on a weekly basis with 
respect to time that is sold on a weekly basis, such as rotations 
through particular programs or dayparts. DBS providers electing to 
calculate the lowest unit

[[Page 367]]

charge by such a method must include in that calculation all rates for 
all announcements scheduled in the rotation, including announcements 
aired under long term advertising contracts. DBS providers may implement 
rate increases during election periods only to the extent that such 
increases constitute ``ordinary business practices,'' such as seasonal 
program changes or changes in audience ratings.
    (I) DBS providers shall review their advertising records 
periodically throughout the election period to determine whether 
compliance with this section requires that candidates receive rebates or 
credits. Where necessary, DBS providers shall issue such rebates or 
credits promptly.
    (J) Unit rates charged as part of any package, whether individually 
negotiated or generally available to all advertisers, must be included 
in the lowest unit charge calculation for the same class and length of 
time in the same time period. A candidate cannot be required to purchase 
advertising in every program or daypart in a package as a condition for 
obtaining package unit rates.
    (K) DBS providers are not required to include non cash promotional 
merchandising incentives in lowest unit charge calculations; provided, 
however, that all such incentives must be offered to candidates as part 
of any purchases permitted by the system. Bonus spots, however, must be 
included in the calculation of the lowest unit charge calculation.
    (L) Make goods, defined as the rescheduling of preempted 
advertising, shall be provided to candidates prior to election day if a 
DBS provider has provided a time sensitive make good during the year 
preceding the pre election periods, respectively set forth in paragraph 
(c)(1)(i) of this section, to any commercial advertiser who purchased 
time in the same class.
    (M) DBS providers must disclose and make available to candidates any 
make good policies provided to commercial advertisers. If a DBS provider 
places a make good for any commercial advertiser or other candidate in a 
more valuable program or daypart, the value of such make good must be 
included in the calculation of the lowest unit charge for that program 
or daypart.
    (ii) At any time other than the respective periods set forth in 
paragraph (c)(1)(i) of this section, DBS providers may charge legally 
qualified candidates for public office no more than the charges made for 
comparable use of the facility by commercial advertisers. The rates, if 
any, charged all such candidates for the same office shall be uniform 
and shall not be rebated by any means, direct or indirect. A candidate 
shall be charged no more than the rate the DBS provider would charge for 
comparable commercial advertising. All discount privileges otherwise 
offered by a DBS provider to commercial advertisers must be disclosed 
and made available upon equal terms to all candidates for public office.
    (2) If a DBS provider permits a candidate to use its facilities, it 
shall make all discount privileges offered to commercial advertisers, 
including the lowest unit charges for each class and length of time in 
the same time period and all corresponding discount privileges, 
available on equal terms to all candidates. This duty includes an 
affirmative duty to disclose to candidates information about rates, 
terms, conditions and all value enhancing discount privileges offered to 
commercial advertisers, as provided herein. DBS providers may use 
reasonable discretion in making the disclosure; provided, however, that 
the disclosure includes, at a minimum, the following information:
    (i) A description and definition of each class of time available to 
commercial advertisers sufficiently complete enough to allow candidates 
to identify and understand what specific attributes differentiate each 
class;
    (ii) A description of the lowest unit charge and related privileges 
(such as priorities against preemption and make goods prior to specific 
deadlines) for each class of time offered to commercial advertisers;
    (iii) A description of the DBS provider's method of selling 
preemptible time based upon advertiser demand, commonly known as the 
``current selling level,'' with the stipulation that candidates will be 
able to purchase at these demand generated rates in the

[[Page 368]]

same manner as commercial advertisers;
    (iv) An approximation of the likelihood of preemption for each kind 
of preemptible time; and
    (v) An explanation of the DBS provider's sales practices, if any, 
that are based on audience delivery, with the stipulation that 
candidates will be able to purchase this kind of time, if available to 
commercial advertisers.
    (3) Once disclosure is made, DBS providers shall negotiate in good 
faith to actually sell time to candidates in accordance with the 
disclosure.
    (d) Political file. Each DBS provider shall keep and permit public 
inspection of a complete and orderly political file and shall 
prominently disclose the physical location of the file, and the 
telephonic and electronic means to access the file.
    (1) The political file shall contain, at a minimum:
    (i) A record of all requests for DBS origination time, the 
disposition of those requests, and the charges made, if any, if the 
request is granted. The ``disposition'' includes the schedule of time 
purchased, when spots actually aired, the rates charged, and the classes 
of time purchased; and
    (ii) A record of the free time provided if free time is provided for 
use by or on behalf of candidates.
    (2) DBS providers shall place all records required by this section 
in a file available to the public as soon as possible and shall be 
retained for a period of four years until December 31, 2006, and 
thereafter for a period of two years.
    (3) DBS providers shall make available, by fax, e-mail, or by mail 
upon telephone request, photocopies of documents in their political 
files and shall assist callers by answering questions about the contents 
of their political files. Provided, however, that if a requester prefers 
access by mail, the DBS provider shall pay for postage but may require 
individuals requesting documents to pay for photocopying. To the extent 
that a DBS provider places its political file on its Web site, it may 
refer the public to the Web site in lieu of mailing photocopies. Any 
material required by this section to be maintained in the political file 
must be made available to the public by either mailing or Web site 
access or both.
    (e) Commercial limits in children's programs. (1) No DBS provider 
shall air more than 10.5 minutes of commercial matter per hour during 
children's programming on weekends, or more that 12 minutes of 
commercial matter per hour on week days.
    (2) This rule shall not apply to programs aired on a broadcast 
television channel which the DBS provider passively carries, or to 
channels over which the DBS provider may not exercise editorial control, 
pursuant to 47 U.S.C. 335(b)(3).
    (3) DBS providers airing children's programming must maintain 
records sufficient to verify compliance with this rule and make such 
records available to the public. Such records must be maintained for a 
period sufficient to cover the limitations period specified in 47 U.S.C. 
503(b)(6)(B).

    Note 1 to paragraph (e): Commercial matter means airtime sold for 
purposes of selling a product or service.
    Note 2 to paragraph (e): For purposes of this section, children's 
programming refers to programs originally produced and broadcast 
primarily for an audience of children 12 years old and younger.

    (f) Carriage obligation for noncommercial programming--
    (1) Reservation requirement. DBS providers shall reserve four 
percent of their channel capacity exclusively for use by qualified 
programmers for noncommercial programming of an educational or 
informational nature. Channel capacity shall be determined annually by 
calculating, based on measurements taken on a quarterly basis, the 
average number of channels available for video programming on all 
satellites licensed to the provider during the previous year. DBS 
providers may use this reserved capacity for any purpose until such time 
as it is used for noncommercial educational or informational 
programming.
    (2) Qualified programmer. For purposes of these rules, a qualified 
programmer is:
    (i) A noncommercial educational broadcast station as defined in 
section 397(6) of the Communications Act of 1934, as amended,

[[Page 369]]

    (ii) A public telecommunications entity as defined in section 
397(12) of the Communications Act of 1934, as amended,
    (iii) An accredited nonprofit educational institution or a 
governmental organization engaged in the formal education of enrolled 
students (A publicly supported educational institution must be 
accredited by the appropriate state department of education; a privately 
controlled educational institution must be accredited by the appropriate 
state department of education or the recognized regional and national 
accrediting organizations), or
    (iv) A nonprofit organization whose purposes are educational and 
include providing educational and instructional television material to 
such accredited institutions and governmental organizations.
    (v) Other noncommercial entities with an educational mission.
    (3) Editorial control. (i) A DBS operator will be required to make 
capacity available only to qualified programmers and may select among 
such programmers when demand exceeds the capacity of their reserved 
channels.
    (ii) A DBS operator may not require the programmers it selects to 
include particular programming on its channels.
    (iii) A DBS operator may not alter or censor the content of the 
programming provided by the qualified programmer using the channels 
reserved pursuant to this section.
    (4) Non-commercial channel limitation. A DBS operator cannot 
initially select a qualified programmer to fill more than one of its 
reserved channels except that, after all qualified entities that have 
sought access have been offered access on at least one channel, a 
provider may allocate additional channels to qualified programmers 
without having to make additional efforts to secure other qualified 
programmers.
    (5) Rates, terms and conditions. (i) In making the required reserved 
capacity available, DBS providers cannot charge rates that exceed costs 
that are directly related to making the capacity available to qualified 
programmers. Direct costs include only the cost of transmitting the 
signal to the uplink facility and uplinking the signal to the satellite.
    (ii) Rates for capacity reserved under paragraph (a) of this section 
shall not exceed 50 percent of the direct costs as defined in this 
section.
    (iii) Nothing in this section shall be construed to prohibit DBS 
providers from negotiating rates with qualified programmers that are 
less than 50 percent of direct costs or from paying qualified 
programmers for the use of their programming.
    (iv) DBS providers shall reserve discrete channels and offer these 
to qualifying programmers at consistent times to fulfill the reservation 
requirement described in these rules.
    (6) Public file. (i) In addition to the political file requirements 
in Sec. 25.701(d), each DBS provider shall keep and permit public 
inspection of a complete and orderly record of:
    (A) Quarterly measurements of channel capacity and yearly average 
calculations on which it bases its four percent reservation, as well as 
its response to any capacity changes;
    (B) A record of entities to whom noncommercial capacity is being 
provided, the amount of capacity being provided to each entity, the 
conditions under which it is being provided and the rates, if any, being 
paid by the entity;
    (C) A record of entities that have requested capacity, disposition 
of those requests and reasons for the disposition.
    (ii) All records required by this paragraph shall be placed in a 
file available to the public as soon as possible and shall be retained 
for a period of two years.
    (7) Effective date. DBS providers are required to make channel 
capacity available pursuant to this section upon the effective date. 
Programming provided pursuant to this rule must be available to the 
public no later than six months after the effective date.

[69 FR 23157, Apr. 28, 2004]

[[Page 370]]



PART 27_MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES--Table of Contents




                      Subpart A_General Information

Sec.
27.1 Basis and purpose.
27.2 Permissible communications.
27.3 Other applicable rule parts.
27.4 Terms and definitions.
27.5 Frequencies.
27.6 Service areas.

                   Subpart B_Applications and Licenses

27.10 Regulatory status.
27.11 Initial authorization.
27.12 Eligibility.
27.13 License period.
27.14 Construction requirements; Criteria for comparative renewal 
          proceedings.
27.15 Geographic partitioning and spectrum disaggregation.

                      Subpart C_Technical Standards

27.50 Power and antenna height limits.
27.51 Equipment authorization.
27.52 RF safety.
27.53 Emission limits.
27.54 Frequency stability.
27.55 Signal strength limits.
27.56 Antenna structures; air navigation safety.
27.57 International coordination.
27.58 Interference to MDS/ITFS receivers.
27.59 [Reserved]
27.60 TV/DTV interference protection criteria.
27.61-27.62 [Reserved]
27.63 Disturbance of AM broadcast station antenna patterns.
27.64 Protection from interference.
27.66 Discontinuance, reduction, or impairment of service.

Subpart D_Competitive Bidding Procedures for the 2305-2320 MHz and 2345-
                             2360 MHz Bands

27.201 WCS in the 2305-2320 MHz and 2345-2360 MHz bands subject to 
          competitive bidding.
27.202-27.208 [Reserved]
27.209 Designated entities; bidding credits; unjust enrichment.
27.210 Definitions.

     Subpart E_Application, Licensing, and Processing Rules for WCS

27.301 [Reserved]
27.302 Eligibility.
27.303 Upper 700 MHz commercial and public safety coordination zone.
27.304-27.307 [Reserved]
27.308 Technical content of applications.
27.310-27.320 [Reserved]
27.321 Mutually exclusive applications.
27.322-27.325 [Reserved]

Subpart F_Competitive Bidding Procedures for the 746-764 MHz and 776-794 
                                MHz Bands

27.501 746-764 MHz and 776-794 MHz bands subject to competitive bidding.
27.502 Designated entities.

                      Subpart G_Guard Band Managers

27.601 Guard Band Manager authority and coordination requirements.
27.602 Guard Band Manager agreements.
27.603 Access to the Guard Band Manager's spectrum.
27.604 Limitation on licenses won at auction.
27.605 Geographic partitioning and spectrum disaggregation.
27.606 Complaints against Guard Band Managers.
27.607 Performance requirements and annual reporting requirement.

    Subpart H_Competitive Bidding Procedures for the 698-746 MHz Band

27.701 698-746 MHz bands subject to competitive bidding.
27.702 Designated entities.

                         Subpart I_1.4 GHz Band

27.801 Scope.
27.802 Permissible communications.
27.803 Coordination requirements.
27.804 Field strength limits at WMTS facility.
27.805 Geographic partitioning and spectrum disaggregation.
27.806 1.4 GHz service licenses subject to competitive bidding.
27.807 Designated entities.

                      Subpart J_1670-1675 MHz Band

27.901 Scope.
27.902 Permissible communications.
27.903 Coordination requirements.
27.904 Geographic partitioning and spectrum disaggregation.
27.905 1670-1675 MHz service licenses subject to competitive bidding.
27.906 Designated entities.

                      Subpart K_2385-2390 MHz Band

27.1001 Scope.
27.1002 Permissible communications.
27.1003 Coordination requirements.
27.1004 Geographic partitioning and spectrum disaggregation.

[[Page 371]]

27.1005 2385-2390 MHz service licenses subject to competitive bidding.
27.1006 Designated entities.

             Subpart L_1710-1755 MHz and 2110-2155 MHz Bands

              Licensing and Competitive Bidding Provisions

27.1101 1710-1755 MHz and 2110-2155 MHz bands subject to competitive 
          bidding.
27.1102 Designated entities.

                        Relocation of Incumbents

27.1111 Relocation of fixed microwave service licensees in the 2110-2150 
          MHz band.

                   Protection of Incumbent Operations

27.1131 Protection of Part 101 operations.
27.1132 Protection of Part 21 operations.
27.1133 Protection of Part 74 and Part 78 operations.
27.1134 Protection of Federal Government operations.
27.1135 Protection of non-Federal Government Meteorological-Satellite 
          operations.

    Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 337 
unless otherwise noted.

    Source: 62 FR 9658, Mar. 3, 1997, unless otherwise noted.



                      Subpart A_General Information



Sec. 27.1  Basis and purpose.

    This section contains the statutory basis for this part of the rules 
and provides the purpose for which this part is issued.
    (a) Basis. The rules for miscellaneous wireless communications 
services (WCS) in this part are promulgated under the provisions of the 
Communications Act of 1934, as amended, that vest authority in the 
Federal Communications Commission to regulate radio transmission and to 
issue licenses for radio stations.
    (b) Purpose. This part states the conditions under which spectrum is 
made available and licensed for the provision of wireless communications 
services in the following bands.
    (1) 2305-2320 MHz and 2345-2360 MHz.
    (2) 746-764 MHz and 776-794 MHz.
    (3) 698-746 MHz.
    (4) 1390-1392 MHz.
    (5) 1392-1395 MHz and 1432-1435 MHz.
    (6) 1670-1675 MHz.
    (7) 2385-2390 MHz.
    (8) 1710-1755 MHz and 2110-2155 MHz.
    (c) Scope. The rules in this part apply only to stations authorized 
under this part.

[62 FR 9658, Mar. 3, 1997, as amended at 65 FR 3144, Jan. 20, 2000; 65 
FR 17601, Apr. 4, 2000; 67 FR 5510, Feb. 6, 2002; 67 FR 41854, June 20, 
2002; 69 FR 5714, Feb. 6, 2004]



Sec. 27.2  Permissible communications.

    (a) Miscellaneous wireless communications services. Except as 
provided in paragraph (b) of this section and subject to technical and 
other rules contained in this part, a licensee in the frequency bands 
specified in Sec. 27.5 may provide any services for which its frequency 
bands are allocated, as set forth in the non-Federal Government column 
of the Table of Allocations in Sec. 2.106 of this chapter (column 5).
    (b) 746-747 MHz, 776-777 MHz, 762-764 MHz and 792-794 MHz bands. 
Operators in the 746-747 MHz, 776-777 MHz, 762-764 MHz and 792-794 MHz 
bands may not employ a cellular system architecture. A cellular system 
architecture is defined, for purposes of this part, as one that consists 
of many small areas or cells (segmented from a larger geographic service 
area), each of which uses its own base station, to enable frequencies to 
be reused at relatively short distances.
    (c) Satellite DARS. Satellite digital audio radio service (DARS) may 
be provided using the 2310-2320 and 2345-2360 MHz bands. Satellite DARS 
service shall be provided in a manner consistent with part 25 of this 
chapter.

[65 FR 3144, Jan. 20, 2000, as amended at 65 FR 17601, Apr. 4, 2000]



Sec. 27.3  Other applicable rule parts.

    Other FCC rule parts applicable to the Wireless Communications 
Service include the following:
    (a) Part 0. This part describes the Commission's organization and 
delegations of authority. Part 0 of this chapter also lists available 
Commission publications, standards and procedures for access to 
Commission records, and location of Commission Field Offices.
    (b) Part 1. This part includes rules of practice and procedure for 
license applications, adjudicatory proceedings, procedures for 
reconsideration and review of the Commission's actions; provisions 
concerning violation notices

[[Page 372]]

and forfeiture proceedings; competitive bidding procedures; and the 
environmental requirements that, if applicable, must be complied with 
prior to the initiation of construction. Subpart F includes the rules 
for the Wireless Telecommunications Services and the procedures for 
filing electronically via the ULS.
    (c) Part 2. This part contains the Table of Frequency Allocations 
and special requirements in international regulations, recommendations, 
agreements, and treaties. This part also contains standards and 
procedures concerning the marketing and importation of radio frequency 
devices, and for obtaining equipment authorization.
    (d) Part 5. This part contains rules prescribing the manner in which 
parts of the radio frequency spectrum may be made available for 
experimentation.
    (e) Part 15. This part sets forth the requirements and conditions 
applicable to certain radio frequency devices.
    (f) Part 17. This part contains requirements for construction, 
marking and lighting of antenna towers.
    (g) Part 20. This part sets forth the requirements and conditions 
applicable to commercial mobile radio service providers.
    (h) Part 21. This part sets forth rules the requirements and 
conditions applicable to point-to-point microwave services relating to 
communications common carriers.
    (i) Part 22. This part sets forth the requirements and conditions 
applicable to public mobile services.
    (j) Part 24. This part sets forth the requirements and conditions 
applicable to personal communications services.
    (k) Part 25. This part contains the requirements for satellite 
communications, including satellite DARS.
    (l) Part 51. This part contains general duties of telecommunications 
carriers to provide for interconnection with other telecommunications 
carriers.
    (m) Part 64. This part sets forth the requirements and conditions 
applicable to telecommunications carriers under the Communications 
Assistance for Law Enforcement Act.
    (n) Part 68. This part contains technical standards for connection 
of terminal equipment to the telephone network.
    (o) Part 73. This part sets forth the requirements and conditions 
applicable to radio broadcast services.
    (p) Part 90. This part sets forth the requirements and conditions 
applicable to private land mobile radio services.
    (q) Part 101. This part sets forth the requirements and conditions 
applicable to fixed microwave services.

[62 FR 9658, Mar. 3, 1997, as amended at 63 FR 68954, Dec. 14, 1998; 65 
FR 3144, Jan. 20, 2000; 67 FR 5510, Feb. 6, 2002; 69 FR 5714, Feb. 6, 
2004]



Sec. 27.4  Terms and definitions.

    Advanced wireless service (AWS). A radiocommunication service 
licensed pursuant to this part for the frequency bands specified in 
Sec. 27.5(h).
    Affiliate. This term shall have the same meaning as that for 
``affiliate'' in part 1, Sec. 1.2110(b)(5) of this chapter.
    Assigned frequency. The center of the frequency band assigned to a 
station.
    Authorized bandwidth. The maximum width of the band of frequencies 
permitted to be used by a station. This is normally considered to be the 
necessary or occupied bandwidth, whichever is greater.
    Average terrain. The average elevation of terrain between 3 and 16 
kilometers from the antenna site.
    Base station. A land station in the land mobile service.
    Broadcast services. This term shall have the same meaning as that 
for ``broadcasting'' in section 3(6) of the Communications Act of 1934, 
i.e., ``the dissemination of radio communications intended to be 
received by the public, directly or by the intermediary of relay 
stations.'' 47 U.S.C. 153(6).
    Effective Radiated Power (ERP) (in a given direction). The product 
of the power supplied to the antenna and its gain relative to a half-
wave dipole in a given direction.
    Equivalent Isotropically Radiated Power (EIRP). The product of the 
power supplied to the antenna and the antenna gain in a given direction 
relative to an isotropic antenna.
    Fixed service. A radio communication service between specified fixed 
points.
    Fixed station. A station in the fixed service.

[[Page 373]]

    Guard band manager. The term Guard band manager refers to a 
commercial licensee in the 746-747 MHz, 762-764 MHz, 776-777 MHz, and 
792-794 MHz bands that functions solely as a spectrum broker by 
subdividing its licensed spectrum and making it available to system 
operators or directly to end users for fixed or mobile communications 
consistent with Commission Rules. A Guard band manager is directly 
responsible for any interference or misuse of its licensed frequency 
arising from its use by such non-licensed entities.
    Land mobile service. A mobile service between base stations and land 
mobile stations, or between land mobile stations.
    Land mobile station. A mobile station in the land mobile service 
capable of surface movement within the geographic limits of a country or 
continent.
    Land station. A station in the mobile service not intended to be 
used while in motion.
    Mobile service. A radio communication service between mobile and 
land stations, or between mobile stations.
    Mobile station. A station in the mobile service intended to be used 
while in motion or during halts at unspecified points.
    National Geodetic Reference System (NGRS). The name given to all 
geodetic control data contained in the National Geodetic Survey (NGS) 
data base. (Source: National Geodetic Survey, U.S. Department of 
Commerce)
    Portable device. Transmitters designed to be used within 20 
centimeters of the body of the user.
    Radiodetermination. The determination of the position, velocity and/
or other characteristics of an object, or the obtaining of information 
relating to these parameters, by means of the propagation properties of 
radio waves.
    Radiolocation. Radiodetermination used for purposes other than those 
of radionavigation.
    Radiolocation land station. A station in the radiolocation service 
not intended to be used while in motion.
    Radiolocation mobile station. A station intended to be used while in 
motion or during halts at unspecified points.
    Radionavigation. Radiodetermination used for the purpose of 
navigation, including obstruction warning.
    Satellite Digital Audio Radio Service (satellite DARS). A 
radiocommunication service in which compact disc quality programming is 
digitally transmitted by one or more space stations.
    Time division multiple access (TDMA). A multiple access technique 
whereby users share a transmission medium by being assigned and using 
(one-at-a-time) for a limited number of time division mulitplexed 
channels; implies that several transmitters use one channel for sending 
several bit streams.
    Time division multiplexing (TDM). A multiplexing technique whereby 
two or more channels are derived from a transmission medium by dividing 
access to the medium into sequential intervals. Each channel has access 
to the entire bandwidth of the medium during its interval. This implies 
that one transmitter uses one channel to send several bit streams of 
information.
    Universal Licensing System. The Universal Licensing System (ULS) is 
the consolidated database, application filing system, and processing 
system for all Wireless Radio Services. ULS supports electronic filing 
of all applications and related documents by applicants and licensees in 
the Wireless Radio Services, and provides public access to licensing 
information.
    Wireless communications service. A radiocommunication service 
licensed pursuant to this part for the frequency bands specified in 
Sec. 27.5.

[62 FR 9658, Mar. 3, 1997, as amended at 62 FR 16497, Apr. 7, 1997; 63 
FR 68954, Dec. 14, 1998; 65 FR 3145, Jan. 20, 2000; 65 FR 17602, Apr. 4, 
2000; 67 FR 41854, June 20, 2002; 68 FR 66286, Nov. 25, 2003; 69 FR 
5714, Feb. 6, 2004]



Sec. 27.5  Frequencies.

    (a) 2305-2320 MHz and 2345-2360 MHz bands. The following frequencies 
are available for WCS in the 2305-2320 MHz and 2345-2360 MHz bands:
    (1) Two paired channel blocks are available for assignment on a 
Major Economic Area basis as follows:

Block A: 2305-2310 and 2350-2355 MHz; and
Block B: 2310-2315 and 2355-2360 MHz.

    (2) Two unpaired channel blocks are available for assignment on a 
Regional

[[Page 374]]

Economic Area Grouping basis as follows:

Block C: 2315-2320 MHz; and
Block D: 2345-2350 MHz.

    (b) 746-764 MHz and 776-794 MHz bands. The following frequencies are 
available for licensing pursuant to this part in the 746-764 MHz and 
776-794 MHz bands:
    (1) Two paired channels of 1 megahertz each are available for 
assignment solely to Guard band managers. Block A: 746-747 MHz and 776-
777 MHz.
    (2) Two paired channels of 2 megahertz each are available for 
assignment solely to Guard band managers. Block B: 762-764 MHz and 792-
794 MHz.
    (3) Two paired channels of 5 megahertz each are available for 
assignment. Block C: 747-752 MHz and 777-782 MHz.
    (4) Two paired channels of 10 megahertz each are available for 
assignment. Block D: 752-762 MHz and 782-792 MHz.
    (c) 698-746 MHz band. The following frequencies are available for 
licensing pursuant to this part in the 698-746 MHz band:
    (1) Three paired channel blocks of 12 megahertz each are available 
for assignment as follows:

Block A: 698-704 MHz and 728-734 MHz;
Block B: 704-710 MHz and 734-740 MHz; and
Block C: 710-716 MHz and 740-746 MHz.

    (2) Two unpaired channel blocks of 6 megahertz each are available 
for assignment as follows:

Block D: 716-722 MHz; and
Block E: 722-728 MHz.

    (d) 1390-1392 MHz band. The 1390-1392 MHz band is available for 
assignment on a Major Economic Area basis.
    (e) The paired 1392-1395 and 1432-1435 MHz bands. The paired 1392-
1395 MHz and 1432-1435 MHz bands are available for assignment on an 
Economic Area Grouping basis as follows: Block A: 1392-1393.5 MHz and 
1432-1433.5 MHz; and Block B: 1393.5-1395 MHz and 1433.5-1435 MHz.
    (f) 1670-1675 MHz band. The 1670-1675 MHz band is available for 
assignment on a nationwide basis.
    (g) 2385-2390 MHz band. The 2385-2390 MHz band is available for 
assignment on a nationwide basis.
    (h) 1710-1755 MHz and 2110-2155 MHz bands. The following frequencies 
are available for licensing pursuant to this part in the 1710-1755 MHz 
and 2110-2155 MHz bands:
    (1) Two paired channel blocks of 10 megahertz each are available for 
assignment as follows:

Block A: 1710-1720 MHz and 2110-2120 MHz; and
    Block B: 1720-1730 MHz and 2120-2130 MHz.

    (2) Two paired channel blocks of 5 megahertz each are available for 
assignment as follows:

Block C: 1730-1735 MHz and 2130-2135 MHz; and
Block D: 1735-1740 MHz and 2135-2140 MHz.

    (3) One paired channel block of 15 megahertz each is available for 
assignment as follows:

Block E: 1740-1755 MHz and 2140-2155 MHz.

[62 FR 9658, Mar. 3, 1997, as amended at 65 FR 3145, Jan. 20, 2000; 65 
FR 17602, Apr. 4, 2000; 67 FR 5510, Feb. 6, 2002; 67 FR 41854, June 20, 
2002; 69 FR 5714, Feb. 6, 2004]



Sec. 27.6  Service areas.

    (a) WCS service areas are Major Economic Areas (MEAs) and Regional 
Economic Area Groupings (REAGs) as defined in the Table immediately 
following paragraph (a)(1) of this section. Both MEAs and REAGs are 
based on the U.S. Department of Commerce's 172 Economic Areas (Eas). See 
60 FR 13114 (March 10, 1995). In addition, the Commission shall 
separately license Guam and the Northern Mariana Islands, Puerto Rico 
and the United States Virgin Islands, American Samoa, and the Gulf of 
Mexico, which have been assigned Commission-created EA numbers 173-176, 
respectively. Maps of the EAs, MEAs, and REAGs and the Federal Register 
Notice that established the 172 EAs are available for public inspection 
and copying at the Reference Information Center, Consumer and 
Governmental Affairs Bureau, Federal Communications Commission, 445 12th 
Street, SW, Washington, DC 20554.
    (1) The 52 MEAs are composed of one or more EAs and the 12 REAGs are 
composed of one or more MEAs, as defined in the table below:

[[Page 375]]



------------------------------------------------------------------------
            REAGs                     MEAs                   EAs
------------------------------------------------------------------------
1 (Northeast)...............  1 (Boston)..........  1-3.
                              2 (New York City)...  4-7, 10.
                              3 (Buffalo).........  8.
                              4 (Philadelphia)....  11-12.
2 (Southeast)...............  5 (Washington)......  13-14.
                              6 (Richmond)........  15-17, 20.
                              7 (Charlotte-         18-19, 21-26, 41-42,
                               Greensboro-           46.
                               Greenville-Raleigh).
                              8 (Atlanta).........  27-28, 37-40, 43.
                              9 (Jacksonville)....  29, 35.
                              10 (Tampa-St.         30, 33-34.
                               Petersburg-Orlando).
                              11 (Miami)..........  31-32.
3 (Great Lakes).............  12 (Pittsburgh).....  9, 52-53.
                              13 (Cincinnati-       48-50.
                               Dayton).
                              14 (Columbus).......  51.
                              15 (Cleveland)......  54-55.
                              16 (Detroit)........  56-58, 61-62.
                              17 (Milwaukee)......  59-60, 63, 104-105,
                                                     108.
                              18 (Chicago)........  64-66, 68, 97, 101.
                              19 (Indianapolis)...  67.
                              20 (Minneapolis-St.   106-107, 109-114,
                               Paul).                116.
                              21 (Des Moines-Quad   100, 102-103, 117.
                               Cities).
4 (Mississippi Valley)......  22 (Knoxville)......  44-45.
                              23 (Louisville-       47, 69-70, 72.
                               Lexington-
                               Evansville).
                              24 (Birmingham).....  36, 74, 78-79.
                              25 (Nashville)......  71.
                              26 (Memphis-Jackson)  73, 75-77.
                              27 (New Orleans-      80-85.
                               Baton Rouge).
                              28 (Little Rock)....  90-92, 95.
                              29 (Kansas City)....  93, 99, 123.
                              30 (St. Louis)......  94, 96, 98.
5 (Central).................  31 (Houston)........  86-87, 131.
                              32 (Dallas-Fort       88-89, 127-130, 135,
                               Worth).               137-138.
                              33 (Denver).........  115, 140-143.
                              34 (Omaha)..........  118-121.
                              35 (Wichita)........  122.
                              36 (Tulsa)..........  124.
                              37 (Oklahoma City)..  125-126.
                              38 (San Antonio)....  132-134.
                              39 (El Paso-          136, 139, 155-157.
                               Albuquerque).
                              40 (Phoenix)........  154, 158-159.
6 (West)....................  41 (Spokane-          144-147, 168.
                               Billings).
                              42 (Salt Lake City).  148-150, 152.
                              43 (San Francisco-    151, 162-165.
                               Oakland-San Jose).
                              44 (Los Angeles-San   153, 160-161.
                               Diego).
                              45 (Portland).......  166-167.
                              46 (Seattle)........  169-170.
7 (Alaska)..................  47 (Alaska).........  171.
8 (Hawaii)..................  48 (Hawaii).........  172.
9 (Guam and the Northern      49 (Guam and the      173.
 Mariana Islands).             Northern Mariana
                               Islands).
10 (Puerto Rico and U.S.      50 (Puerto Rico and   174.
 Virgin Islands).              U.S. Virgin
                               Islands).
11 (American Samoa).........  51 (American Samoa).  175.
12 (Gulf of Mexico).........  52 (Gulf of Mexico).  176.
------------------------------------------------------------------------

    (2) The Gulf of Mexico EA extends from 12 nautical miles off the 
U.S. Gulf coast outward into the Gulf.
    (b) 746-764 MHz and 776-794 MHz bands. WCS service areas for the 
746-764 MHz and 776-794 MHz bands are as follows.
    (1) Service areas for Block A in the 746-747 and 776-777 MHz bands 
and Block B in the 762-764 and 792-794 MHz bands are based on Major 
Economic Areas (MEAs), as defined in paragraphs (a)(1) and (a)(2) of 
this section.
    (2) Service areas for Blocks C and D in the 747-762 MHz and 777-792 
MHz bands are based on Economic Area Groupings (EAGs) as defined by the 
Federal Communications Commission. See 62 FR 15978 (April 3, 1997) 
extended with the Gulf of Mexico. See also paragraphs (a)(1) and (a)(2) 
of this section and 62 FR 9636 (March 3, 1997), in which the Commission 
created an additional four economic area-like areas for a total of 176. 
Maps of the EAGs and the

[[Page 376]]

Federal Register Notice that established the 172 Economic Areas (EAs) 
are available for public inspection and copying at the Reference Center, 
Room CY A-257, 445 12th St., S.W., Washington, DC 20554. These maps and 
data are also available on the FCC website at www.fcc.gov/oet/info/maps/
areas/.
    (i) There are 6 EAGs, which are composed of multiple EAs as defined 
in the table below:

------------------------------------------------------------------------
    Economic area groupings            Name            Economic areas
------------------------------------------------------------------------
EAG001........................  Northeast........  1-11, 54
EAG002........................  Mid-Atlantic.....  12-26, 41, 42, 44-53,
                                                    70
EAG003........................  Southeast........  27-40, 43, 69, 71-86,
                                                    88-90, 95, 96, 174,
                                                    176(part)
EAG004........................  Great Lakes......  55-68, 97, 100-109
EAG005........................  Central/Mountain.  87, 91-94, 98, 99,
                                                    110-146, 148, 149,
                                                    152, 154-159,
                                                    176(part)
EAG006........................  Pacific..........  147, 150, 151, 153,
                                                    160-173, 175
------------------------------------------------------------------------

    Note 1 to paragraph (b)(2)(i): Economic Area Groupings are defined 
by the Federal Communications Commission; see 62 FR 15978 (April 3, 
1997) extended with the Gulf of Mexico.
    Note 2 to paragraph (b)(2)(i): Economic Areas are defined by the 
Regional Economic Analysis Division, Bureau of Economic Analysis, U.S. 
Department of Commerce February 1995 and extended by the Federal 
Communications Commission, see 62 FR 9636 (March 3, 1997).

    (ii) For purposes of paragraph (b)(2)(i) of this section, EA 176 
(the Gulf of Mexico) will be divided between EAG003 (the Southeast EAG) 
and EAG005 (the Central/Mountain EAG) in accordance with the 
configuration of the Eastern/ Central and Western Planning Area 
established by the Mineral Management Services Bureau of the Department 
of the Interior (MMS). That portion of EA 176 contained in the Eastern 
and Central Planning Areas as defined by MMS will be included in EAG003; 
that portion of EA 176 contained in the Western Planning Area as defined 
by MMS will be included in EAG005. Maps of these areas may be found on 
the following MMS website: www.gomr.mms.gov/homepg/offshore/
offshore.html.
    (c) 698-746 MHz band. WCS service areas for the 698-746 MHz band are 
as follows.
    (1) Service areas for Blocks A, B, D, and E in the 698-746 MHz band 
are based on Economic Area Groupings (EAGs) as defined in paragraph 
(b)(2) of this section.
    (2) Service areas for Block C in the 698-746 MHz band are based on 
cellular markets comprising Metropolitan Statistical Areas (MSAs) and 
Rural Service Areas (RSAs) as defined by Public Notice Report No. CL-92-
40 ``Common Carrier Public Mobile Services Information, Cellular MSA/RSA 
Markets and Counties,'' dated January 24, 1992, DA 92-109, 7 FCC Rcd 742 
(1992), with the following modifications:
    (i) The service areas of cellular markets that border the U.S. 
coastline of the Gulf of Mexico extend 12 nautical miles from the U.S. 
Gulf coastline.
    (ii) The service area of cellular market 306 that comprises the 
water area of the Gulf of Mexico extends from 12 nautical miles off the 
U.S. Gulf coast outward into the Gulf.
    (d) 1390-1392 MHz band. Service areas for the 1390-1392 MHz band is 
based on Major Economic Areas (MEAs), as defined in paragraphs (a)(1) 
and (a)(2) of this section.
    (e) The paired 1392-1395 and 1432-1435 MHz bands. Service areas for 
the paired 1392-1395 and 1432-1435 MHz bands are as follows. Service 
areas for Block A in the 1392-1393.5 MHz and 1432-1433.5 MHz bands and 
Block B in the 1393.5-1395 MHz and 1433.5-1435 MHz bands are based on 
Economic Area Groupings (EAGs) as defined in paragraph (b)(2) of this 
section.
    (f) 1670-1675 MHz band. Service areas for the 1670-1675 MHz band are 
available on a nationwide basis.
    (g) 2385-2390 MHz band. Service areas for the 2385-2390 MHz band are 
available on a nationwide basis.
    (h) 1710-1755 and 2110-2155 MHz bands. AWS service areas for the 
1710-1755 MHz and 2110-2155 MHz bands are as follows:
    (1) Service areas for Block A (1710-1720 MHz and 2110-2120 MHz) are 
based

[[Page 377]]

on Economic Areas (EAs) as defined in paragraph (a) of this section.
    (2) Service areas for Blocks B (1720-1730 MHz and 2120-2130 MHz), C 
(1730-1735 MHz and 2130-2135 MHz), and E (1740-1755 MHz and 2140-2155 
MHz) are based on Regional Economic Area Groupings (REAGs) as defined by 
paragraph (a) of this section.
    (3) Service areas for Block D (1735-1740 MHz and 2135-2140 MHz) are 
based on cellular markets comprising Metropolitan Statistical Areas 
(MSAs) and Rural Service Areas (RSAs) as defined by Public Notice Report 
No. CL-92-40 ``Common Carrier Public Mobile Services Information, 
Cellular MSA/RSA Markets and Counties,'' dated January 24, 1992, DA 92-
109, 7 FCC Rcd 742 (1992), with the following modifications:
    (i) The service areas of cellular markets that border the U.S. 
coastline of the Gulf of Mexico extend 12 nautical miles from the U.S. 
Gulf coastline.
    (ii) The service area of cellular market 306 that comprises the 
water area of the Gulf of Mexico extends from 12 nautical miles off the 
U.S. Gulf coast outward into the Gulf.

[62 FR 9658, Mar. 3, 1997, as amended at 64 FR 60726, Nov. 8, 1999; 65 
FR 3145, Jan. 20, 2000; 65 FR 17602, Apr. 4, 2000; 65 FR 60113, Oct. 10, 
2000; 67 FR 13225, Mar. 21, 2002; 67 FR 5510, Feb. 6, 2002; 67 FR 41854, 
June 20, 2002; 69 FR 5714, Feb. 6, 2004]



                   Subpart B_Applications and Licenses



Sec. 27.10  Regulatory status.

    Except with respect to Guard Band Manager licenses, which are 
subject to subpart G of this part, the following rules apply concerning 
the regulatory status in the frequency bands specified in Sec. 27.5.
    (a) Single authorization. Authorization will be granted to provide 
any or a combination of the following services in a single license: 
common carrier, non-common carrier, private internal communications, and 
broadcast services. A licensee may render any kind of communications 
service consistent with the regulatory status in its license and with 
the Commission's rules applicable to that service. An applicant or 
licensee may submit a petition at any time requesting clarification of 
the regulatory status for which authorization is required to provide a 
specific communications service.
    (b) Designation of regulatory status in initial application. An 
applicant shall specify in its initial application if it is requesting 
authorization to provide common carrier, non-common carrier, private 
internal communications, or broadcast services, or a combination 
thereof.
    (c) Amendment of pending applications. The following rules apply to 
amendments of a pending application.
    (1) Any pending application may be amended to:
    (i) Change the carrier regulatory status requested, or
    (ii) Add to the pending request in order to obtain common carrier, 
non-common carrier, private internal communications, or broadcast 
services status, or a combination thereof, in a single license.
    (2) Amendments to change, or add to, the carrier regulatory status 
in a pending application are minor amendments filed under Sec. 1.927 of 
this chapter.
    (d) Modification of license. The following rules apply to amendments 
of a license.
    (1) A licensee may modify a license to:
    (i) Change the regulatory status authorized, or
    (ii) Add to the status authorized in order to obtain a combination 
of services of different regulatory 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. 
The licensee must notify the Commission within 30 days of the change. If 
the change results in the discontinuance, reduction, or impairment of an 
existing service, the licensee is subject to the provisions of Sec. 
27.66.

[65 FR 3146, Jan. 20, 2000, as amended at 65 FR 17602, Apr. 4, 2000; 67 
FR 5510, Feb. 6, 2002; 67 FR 41854, June 20, 2002; 68 FR 66286, Nov. 25, 
2003]



Sec. 27.11  Initial authorization.

    (a) An applicant must file a single application for an initial 
authorization for all markets won and frequency blocks desired. Initial 
authorizations

[[Page 378]]

shall be granted in accordance with Sec. 27.5. Applications for 
individual sites are not required and will not be accepted, except where 
required for environmental assessments, in accordance with Sec. Sec. 
1.1301 through 1.1319 of this chapter.
    (b) 2305-2320 MHz and 2345-2360 MHz bands. Initial authorizations 
for the 2305-2320 MHz and 2345-2360 MHz bands shall be for 10 megahertz 
of spectrum in accordance with Sec. 27.5(a).
    (1) Authorizations for Blocks A and B will be based on Major 
Economic Areas (MEAs), as specified in Sec. 27.6(a)(1).
    (2) Authorizations for Blocks C and D will be based on Regional 
Economic Area Groupings (REAGs), as specified in Sec. 27.6(a)(2).
    (c) 746-764 MHz and 776-794 MHz bands. Initial authorizations for 
the 746-764 MHz and 776-794 MHz blocks shall be for 1, 2, 5, or 10 
megahertz of spectrum in accordance with Sec. 27.5(b).
    (1) Authorizations for Block A, consisting of two paired channels of 
1 megahertz each, will be based on those geographic areas specified in 
Sec. 27.6(b)(1).
    (2) Authorizations for Block B, consisting of two paired channels of 
2 megahertz each, will be based on those geographic areas specified in 
Sec. 27.6(b)(1).
    (3) Authorizations for Block C, consisting of two paired channels of 
5 megahertz each, will be based on Economic Area Groupings (EAGs), as 
specified in Sec. 27.6(b)(2).
    (4) Authorizations for Block D, consisting of two paired channels of 
10 megahertz each, will be based on EAGs, as specified in Sec. 
27.6(b)(2).
    (d) 698-746 MHz band. Initial authorizations for the 698-746 MHz 
band shall be for 6 or 12 megahertz of spectrum in accordance with Sec. 
27.5(c).
    (1) Authorizations for Blocks A and B, consisting of two paired 
channels of 6 megahertz each, will be based on those geographic areas 
specified in Sec. 27.6(c)(1).
    (2) Authorizations for Block C, consisting of two paired channels of 
6 megahertz each, will be based on those geographic areas specified in 
Sec. 27.6(c)(2).
    (3) Authorizations for Blocks D and E, consisting of an unpaired 
channel block of 6 megahertz each, will be based on those geographic 
areas specified in Sec. 27.6(c)(1).
    (e) 1390-1392 MHz band. Initial authorizations for the 1390-1392 MHz 
band shall be for 2 megahertz of spectrum in accordance with Sec. 
27.5(d). Authorizations will be based on Major Economic Areas (MEAs), as 
specified in Sec. 27.6(d).
    (f) The paired 1392-1395 MHz and 1432-1435 MHz bands. Initial 
authorizations for the paired 1392-1395 MHz and 1432-1435 MHz bands 
shall be for 3 megahertz of paired spectrum in accordance with Sec. 
27.5(e). Authorization for Blocks A and B will be based on Economic 
Areas Groupings (EAGs), as specified in Sec. 27.6(e).
    (g) 1670-1675 MHz band. Initial authorizations for the 1670-1675 MHz 
band shall be for 5 megahertz of spectrum in accordance with Sec. 
27.5(f). Authorizations will be on a nationwide basis.
    (h) 2385-2390 MHz band. Initial authorizations for the 2385-2390 MHz 
band shall be for 5 megahertz of spectrum in accordance with Sec. 
27.5(g). Authorizations will be on a nationwide basis.
    (i) 1710-1755 MHz and 2110-2155 MHz bands. Initial authorizations 
for the 1710-1755 MHz and 2110-2155 MHz bands shall be for 5, 10 or 15 
megahertz of spectrum in each band in accordance with Sec. 27.5(h) of 
this part.
    (1) Authorizations for Block A, consisting of two paired channels of 
10 megahertz each, will be based on those geographic areas specified in 
Sec. 27.6(h)(1).
    (2) Authorizations for Block B, consisting of two paired channels of 
10 megahertz each, will be based on those geographic areas specified in 
Sec. 27.6(h)(2).
    (3) Authorizations for Block C, consisting of two paired channels of 
5 megahertz each, will be based on those geographic areas specified in 
Sec. 27.6(h)(2).
    (4) Authorizations for Block D, consisting of two paired channels of 
5 megahertz each, will be based on those geographic areas specified in 
Sec. 27.6(h)(3).
    (5) Authorizations for Block E, consisting of two paired channels of 
15 megahertz each, will be based on those

[[Page 379]]

geographic areas specified in Sec. 27.6(h)(2).

[62 FR 9658, Mar. 3, 1997, as amended at 63 FR 68954, Dec. 14, 1998; 65 
FR 3146, Jan. 20, 2000; 67 FR 5511, Feb. 6, 2002; 67 FR 41854, June 20, 
2002; 69 FR 5715, Feb. 6, 2004; 69 FR 39867, July 1, 2004]



Sec. 27.12  Eligibility.

    Except as provided in Sec. 27.604, any entity other than those 
precluded by section 310 of the Communications Act of 1934, as amended, 
47 U.S.C. 310, is eligible to hold a license under this part.

[68 FR 66286, Nov. 25, 2003]



Sec. 27.13  License period.

    (a) 2305-2320 MHz and 2345-2360 MHz bands. Initial WCS 
authorizations for the 2305-2320 MHz and 2345-2360 MHz bands will have a 
term not to exceed ten years from the date of original issuance or 
renewal.
    (b) 698-764 MHz and 776-794 MHz bands. Initial authorizations for 
the 698-764 MHz and 776-794 MHz bands will extend until January 1, 2015, 
except that a part 27 licensee commencing broadcast services will be 
required to seek renewal of its license for such services at the 
termination of the eight-year term following commencement of such 
operations.
    (c) 1390-1392 MHz band. Initial authorizations for the 1390-1392 MHz 
band will have a term not to exceed ten years from the date of initial 
issuance or renewal.
    (d) The paired 1392-1395 and 1432-1435 MHz bands. Initial WCS 
authorizations for the paired 1392-1395 MHz and 1432-1435 MHz bands will 
have a term not to exceed ten years from the date of initial issuance or 
renewal.
    (e) 1670-1675 MHz band. Initial authorizations for the 1670-1675 MHz 
band will have a term not to exceed ten years from the date of initial 
issuance or renewal.
    (f) 2385-2390 MHz band. Initial authorizations for the 2385-2390 MHz 
band will have a term not to exceed ten years from the date of initial 
issuance or renewal.
    (g) 1710-1755 MHz and 2110-2155 MHz bands. Authorizations for the 
1710-1755 MHz and 2110-2155 MHz bands will have a term not to exceed ten 
years from the date of initial issuance or renewal, except that 
authorizations issued on or before December 31, 2009, shall have a term 
of fifteen years.

[65 FR 3146, Jan. 20, 2000; 65 FR 12483, Mar. 9, 2000, as amended at 65 
FR 17602, Apr. 4, 2000; 65 FR 57267, Sept. 21, 2000; 67 FR 5511, Feb. 6, 
2002; 67 FR 41855, June 20, 2002; 69 FR 5715, Feb. 6, 2004]



Sec. 27.14  Construction requirements; Criteria for comparative renewal 
proceedings.

    (a) AWS and WCS licensees must make a showing of ``substantial 
service'' in their license area within the prescribed license term set 
forth in Sec. 27.13. ``Substantial'' service is defined as service 
which is sound, favorable, and substantially above a level of mediocre 
service which just might minimally warrant renewal. Failure by any 
licensee to meet this requirement will result in forfeiture of the 
license and the licensee will be ineligible to regain it.
    (b) A renewal applicant involved in a comparative renewal proceeding 
shall receive a preference, commonly referred to as a renewal 
expectancy, which is the most important comparative factor to be 
considered in the proceeding, if its past record for the relevant 
license period demonstrates that:
    (1) The renewal applicant has provided ``substantial'' service 
during its past license term; and
    (2) The renewal applicant has substantially complied with applicable 
FCC rules, policies and the Communications Act of 1934, as amended.
    (c) In order to establish its right to a renewal expectancy, a WCS 
renewal applicant involved in a comparative renewal proceeding must 
submit a showing explaining why it should receive a renewal expectancy. 
At a minimum, this showing must include:
    (1) A description of its current service in terms of geographic 
coverage and population served;
    (2) An explanation of its record of expansion, including a timetable 
of new construction to meet changes in demand for service;
    (3) A description of its investments in its WCS system; and
    (4) Copies of all FCC orders finding the licensee to have violated 
the Communications Act or any FCC rule or

[[Page 380]]

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.

[62 FR 9658, Mar. 3, 1997, as amended at 65 FR 3146, Jan. 20, 2000; 69 
FR 5715, Feb. 6, 2004]



Sec. 27.15  Geographic partitioning and spectrum disaggregation.

    (a) Eligibility. (1) Parties seeking approval for partitioning and 
disaggregation shall request from the Commission an authorization for 
partial assignment of a license pursuant to Sec. 1.948.
    (2) AWS and WCS licensees may apply to partition their licensed 
geographic service area or disaggregate their licensed spectrum at any 
time following the grant of their licenses.
    (b) Technical Standards--(1) Partitioning. In the case of 
partitioning, applicants and licensees must file FCC Form 603 pursuant 
to section 1.948 and list the partitioned service area on a schedule to 
the application. 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).
    (2) Disaggregation. Spectrum may be disaggregated in any amount.
    (3) Combined partitioning and disaggregation. The Commission will 
consider requests for partial assignment of licenses that propose 
combinations of partitioning and disaggregation.
    (4) Signal levels. For purposes of partitioning and disaggregation, 
part 27 systems must be designed so as not to exceed the signal level 
specified for the particular spectrum block in Sec. 27.55 at the 
licensee's service area boundary, unless the affected adjacent service 
area licensees have agreed to a different signal level.
    (c) License term. The license term for a partitioned license area 
and for disaggregated spectrum shall be the remainder of the original 
licensee's license term as provided for in Sec. 27.13.
    (d) Compliance with construction requirements. The following rules 
apply for purposes of implementing the construction requirements set 
forth in Sec. 27.14.
    (1) Partitioning. Parties to partitioning agreements have two 
options for satisfying the construction requirements set forth in Sec. 
27.14. Under the first option, the partitioner and partitionee each 
certifies that it will independently satisfy the substantial service 
requirement for its respective partitioned area. If a licensee 
subsequently fails to meet its substantial service requirement, its 
license will be subject to automatic cancellation without further 
Commission action. Under the second option, the partitioner certifies 
that it has met or will meet the substantial service requirement for the 
entire, pre-partitioned geographic service area. If the partitioner 
subsequently fails to meet its substantial service requirement, only its 
license will be subject to automatic cancellation without further 
Commission action.
    (2) Disaggregation. Parties to disaggregation agreements have two 
options for satisfying the construction requirements set forth in Sec. 
27.14. Under the first option, the disaggregator and disaggregatee each 
certifies that it will share responsibility for meeting the substantial 
service requirement for the geographic service area. If the parties 
choose this option and either party subsequently fails to satisfy its 
substantial service responsibility, both parties' licenses will be 
subject to forfeiture without further Commission action. Under the 
second option, both parties certify either that the disaggregator or the 
disaggregatee will meet the substantial service requirement for the 
geographic service area. If the parties choose this option, and the 
party responsible subsequently fails to meet the substantial service 
requirement, only that party's license will be subject to forfeiture 
without further Commission action.

[62 FR 9658, Mar. 3, 1997, as amended at 63 FR 68954, Dec. 14, 1998; 65 
FR 3146, Jan. 20, 2000; 65 FR 57268, Sept. 21, 2000; 67 FR 45373, July 
9, 2002; 69 FR 5715, Feb. 6, 2004]

[[Page 381]]



                      Subpart C_Technical Standards



Sec. 27.50  Power and antenna height limits.

    (a) The following power limits apply to the 2305-2320 MHz and 2345-
2360 MHz bands:
    (1) Fixed, land, and radiolocation land stations transmitting are 
limited to 2000 watts peak equivalent isotropically radiated power 
(EIRP).
    (2) Mobile and radiolocation mobile stations transmitting are 
limited to 20 watts EIRP peak power.
    (b) The following power and antenna height limits apply to 
transmitters operating in the 746-764 MHz and 776-794 MHz bands:
    (1) Fixed and base stations transmitting in the 746-764 MHz band and 
the 777-792 MHz band must not exceed an effective radiated power (ERP) 
of 1000 watts and an antenna height of 305 m height above average 
terrain (HAAT), except that antenna heights greater than 305 m HAAT are 
permitted if power levels are reduced below 1000 watts ERP in accordance 
with Table 1 of this section;
    (2) Control stations and mobile stations transmitting in the 747-762 
MHz band and the 776-794 MHz band and fixed stations transmitting in the 
776-777 MHz band and the 792-794 MHz band are limited to 30 watts ERP;
    (3) Portable stations (hand-held devices) transmitting in the 747-
762 MHz band and the 776-794 MHz band are limited to 3 watts ERP;
    (4) Maximum composite transmit power shall be measured over any 
interval of continuous transmission using instrumentation calibrated in 
terms of RMS-equivalent voltage. The measurement results shall be 
properly adjusted for any instrument limitations, such as detector 
response times, limited resolution bandwidth capability when compared to 
the emission bandwidth, etc., so as to obtain a true maximum composite 
measurement for the emission in question over the full bandwidth of the 
channel.
    (c) The following power and antenna height requirements apply to 
stations transmitting in the 698-746 MHz band:
    (1) Fixed and base stations are limited to a maximum effective 
radiated power (ERP) of 50 kW, with the limitation on antenna heights as 
follows:
    (i) Fixed and base stations with an ERP of 1000 watts or less must 
not exceed an antenna height of 305 m height above average terrain 
(HAAT) except when the power is reduced in accordance with Table 1 of 
this section;
    (ii) The antenna height for fixed and base stations with an ERP 
greater than 1000 watts but not exceeding 50 kW is limited only to the 
extent required to satisfy the requirements of Sec. 27.55(b).
    (2) Control and mobile stations are limited to 30 watts ERP.
    (3) Portable stations (hand-held devices) are limited to 3 watts 
ERP.
    (4) Maximum composite transmit power shall be measured over any 
interval of continuous transmission using instrumentation calibrated in 
terms of RMS-equivalent voltage. The measurement results shall be 
properly adjusted for any instrument limitations, such as detector 
response times, limited resolution bandwidth capability when compared to 
the emission bandwidth, etc., so as to obtain a true maximum composite 
measurement for the emission in question over the full bandwidth of the 
channel.
    (5) Licensees intending to operate a base or fixed station at a 
power level greater than 1 kW ERP must provide advanced notice of such 
operation to the Commission and to licensees authorized in their area of 
operation. Licensees that must be notified are all licensees authorized 
under this part to operate a base or fixed station on an adjacent 
spectrum block at a location within 75 km of the base or fixed station 
operating at a power level greater than 1 kW ERP. Notices must provide 
the location and operating parameters of the base or fixed station 
operating at a power level greater than 1 kW ERP, including the 
station's ERP, antenna coordinates, antenna height above ground, and 
vertical antenna pattern, and such notices must be provided at least 90 
days prior to the commencement of station operation.
    (d) The following power and antenna height requirements apply to 
stations transmitting in the 1710-1755 MHz and 2110-2155 MHz bands:

[[Page 382]]

    (1) Fixed and base stations transmitting in the 2110-2155 MHz band 
are limited to a peak effective isotropic radiated power (EIRP) of 1640 
watts and a peak output power of 100 watts.
    (2) Fixed, mobile, and portable (hand-held) stations operating in 
the 1710-1755 MHz band are limited to a peak EIRP of 1 watt. Fixed 
stations operating in this band are limited to a maximum antenna height 
of 10 meters above ground, and mobile and portable stations must employ 
a means for limiting power to the minimum necessary for successful 
communications.
    (e) The following power limits apply to the paired 1392-1395 MHz and 
1432-1435 MHz bands as well as the unpaired 1390-1392 MHz band (1.4 GHz 
band):
    (1) Fixed stations transmitting in the 1390-1392 MHz and 1432-1435 
MHz bands are limited to 2000 watts EIRP peak power. Fixed stations 
transmitting in the 1392-1395 MHz band are limited to 100 watts EIRP 
peak power.
    (2) Mobile stations transmitting in the 1390-1392 MHz and 1432-1435 
MHz bands are limited to 4 watts EIRP peak power. Mobile stations 
transmitting in the1392-1395 MHz band are limited to 1 watt EIRP peak 
power.
    (f) The following power limits apply to the 1670-1675 MHz band:
    (1) Fixed and base stations are limited to 2000 watts EIRP peak 
power.
    (2) Mobile stations are limited to 4 watts EIRP peak power.
    (g) The following power limits apply to the 2385-2390 MHz band:
    (1) Fixed and base stations are limited to 2000 watts EIRP peak 
power.
    (2) Mobile and aeronautical mobile stations are limited to 4 watts 
EIRP peak power.
    (h) Peak transmit power shall be measured over any interval of 
continuous transmission using instrumentation calibrated in terms of 
rms-equivalent voltage. The measurement results shall be properly 
adjusted for any instrument limitations, such as detector response 
times, limited resolution bandwidth capability when compared to the 
emission bandwidth, etc., so as to obtain a true peak measurement for 
the emission in question over the full bandwidth of the channel.

    Table 1--Permissible Power and Antenna Heights for Base and Fixed
            Stations in the 698-764 MHz and 777-792 MHz Bands
------------------------------------------------------------------------
                                                               Effective
                                                                radiated
            Antenna height (AAT) in meters (feet)                power
                                                                 (ERP)
                                                                (watts)
------------------------------------------------------------------------
Above 1372 (4500)............................................         65
Above 1220 (4000) To 1372 (4500).............................         70
Above 1067 (3500) To 1220 (4000).............................         75
Above 915 (3000) To 1067 (4000)..............................        100
Above 763 (2500) To 915 (3000)...............................        140
Above 610 (2000) To 763 (2500)...............................        200
Above 458 (1500) To 610 (2000)...............................        350
Above 305 (1000) To 458 (1500)...............................        600
Up to 305 (1000).............................................       1000
------------------------------------------------------------------------


[62 FR 16497, Apr. 7, 1997, as amended at 65 FR 3147, Jan. 20, 2000; 65 
FR 17602, Apr. 4, 2000; 65 FR 42882, July 12, 2000; 65 FR 57267, Sept. 
21, 2000; 67 FR 5511, Feb. 6, 2002; 67 FR 41855, June 20, 2002; 69 FR 
5715, Feb. 6, 2004]



Sec. 27.51  Equipment authorization.

    (a) Each transmitter utilized for operation under this part must be 
of a type that has been authorized by the Commission under its 
certification procedure.
    (b) Any manufacturer of radio transmitting equipment to be used in 
these services may request equipment authorization following the 
procedures set forth in subpart J of part 2 of this chapter. Equipment 
authorization for an individual transmitter may be requested by an 
applicant for a station authorization by following the procedures set 
forth in part 2 of this chapter.

[65 FR 3147, Jan. 20, 2000]



Sec. 27.52  RF safety.

    Licensees and manufacturers are subject to the radio frequency 
radiation exposure requirements specified in sections 1.1307(b), 2.1091, 
and 2.1093 of this chapter, as appropriate. Applications for equipment 
authorization of mobile or portable devices operating under this section 
must contain a statement confirming compliance with these requirements 
for both fundamental emissions and unwanted emissions. Technical 
information showing the basis for this statement must be submitted to 
the Commission upon request.

[[Page 383]]



Sec. 27.53  Emission limits.

    (a) For operations in the bands 2305-2320 MHz and 2345-2360 MHz, the 
power of any emission outside the licensee's frequency band(s) of 
operation shall be attenuated below the transmitter power (P) within the 
licensed band(s) of operation, measured in watts, by the following 
amounts:
    (1) For fixed, land, and radiolocation land stations: By a factor 
not less than 80 + 10 log (p) dB on all frequencies between 2320 and 
2345 MHz;
    (2) For mobile and radiolocation mobile stations: By a factor not 
less than 110 + 10 log (p) dB on all frequencies between 2320 and 2345 
MHz;
    (3) For fixed, land, mobile, radiolocation land and radiolocation 
mobile stations: By a factor not less than 70 + 10 log (p) dB on all 
frequencies below 2300 MHz and on all frequencies above 2370 MHz; and 
not less than 43 + 10 log (p) dB on all frequencies between 2300 and 
2320 MHz and on all frequencies between 2345 and 2370 MHz that are 
outside the licensed bands of operation;
    (4) Compliance with these provisions is based on the use of 
measurement instrumentation employing a resolution bandwidth of 1 MHz or 
less, but at least one percent of the emission bandwidth of the 
fundamental emission of the transmitter, provided the measured energy is 
integrated over a 1 MHz bandwidth;
    (5) In complying with the requirements in Sec. 27.53(a)(1) and 
Sec. 27.53(a)(2), WCS equipment that uses opposite sense circular 
polarization from that used by Satellite DARS systems in the 2320-2345 
MHz band shall be permitted an allowance of 10 dB;
    (6) When measuring the emission limits, the nominal carrier 
frequency shall be adjusted as close to the edges, both upper and lower, 
of the licensee's bands of operation as the design permits;
    (7) The measurements of emission power can be expressed in peak or 
average values, provided they are expressed in the same parameters as 
the transmitter power;
    (8) Waiver requests of any of the out-of-band emission limits in 
paragraphs (a)(1) through (a)(7) of this section shall be entertained 
only if interference protection equivalent to that afforded by the 
limits is shown;
    (9) In the 2305-2315 MHz band, if portable devices comply with all 
of the following requirements, then paragraph (a)(2) of this section 
shall not apply to portable devices, which instead shall attenuate all 
emissions into the 2320-2345 MHz band by a factor of not less than 93 + 
10 log (p) dB:
    (i) The portable device has a duty cycle of 12.5% or less, with at 
most a 312.5 microsecond pulse every 2.5 milliseconds;
    (ii) The portable device must employ time division multiple access 
(TDMA) technology;
    (iii) The nominal peak transmit output power of the portable device 
is no more than 200 milliwatts (25 milliwatts average power);
    (iv) The portable device operates with the minimum power necessary 
for successful communications;
    (v) The nominal average base station transmit output power is no 
more than 800 milliwatts when the base station antennas is located at a 
height of at least 8 meters (26.25 feet) above the ground;
    (vi) Only fixed and portable devices and services may be provided: 
vehicle-mounted units are not permitted; and
    (vii) Transmitting antennas shall employ linear polarization or 
another polarization that provides equivalent of better discrimination 
with respect to a DARS antenna;
    (10) The out-of-band emissions limits in paragraphs (a)(1) through 
(a)(9) of this section may be modified by the private contractual 
agreement of all affected licensees, who shall maintain a copy of the 
agreement in their station files and disclose it to prospective 
assignees or transferees and, upon request, to the Commission.
    (b) For WCS Satellite DARS operations: The limits set forth in Sec. 
25.202(f) of this chapter shall apply, except that Satellite DARS 
operations shall be limited to a maximum power flux density of -197 dBW/
m2/4 kHz in the 2370-2390 MHz band at Arecibo, Puerto Rico.
    (c) For operations in the 747 to 762 MHz band and the 777 to 792 MHz 
band, the power of any emission outside the licensee's frequency band(s) 
of operation shall be attenuated below the transmitter power (P) within 
the licensed band(s) of operation, measured

[[Page 384]]

in watts, in accordance with the following:
    (1) On any frequency outside the 747 to 762 MHz band, the power of 
any emission shall be attenuated outside the band below the transmitter 
power (P) by at least 43 + 10 log (P) dB;
    (2) On any frequency outside the 777 to 792 MHz band, the power of 
any emission shall be attenuated outside the band below the transmitter 
power (P) by at least 43 + 10 log (P) dB;
    (3) On all frequencies between 764 to 776 MHz and 794 to 806 MHz, by 
a factor not less than 76 + 10 log (P) dB in a 6.25 kHz band segment, 
for base and fixed stations;
    (4) On all frequencies between 764 to 776 MHz and 794 to 806 MHz, by 
a factor not less than 65 + 10 log (P) dB in a 6.25 kHz band segment, 
for mobile and portable stations;
    (5) Compliance with the provisions of paragraphs (c)(1) and (c)(2) 
of this section is based on the use of measurement instrumentation 
employing a resolution bandwidth of 100 kHz or greater. However, in the 
100 kHz bands immediately outside and adjacent to the frequency block, a 
resolution bandwidth of at least 30 kHz may be employed;
    (6) Compliance with the provisions of paragraphs (c)(3) and (c)(4) 
of this section is based on the use of measurement instrumentation such 
that the reading taken with any resolution bandwidth setting should be 
adjusted to indicate spectral energy in a 6.25 kHz segment.
    (d) For operations in the 746-747 MHz, 762-764 MHz, 776-777 MHz, and 
792-794 MHz bands, transmitters must meet the following emission 
limitations:
    (1) The adjacent channel coupled power (ACCP) requirements for 
transmitters designed for various channel sizes are shown in the 
following tables. Mobile station requirements apply to handheld, car 
mounted and control station units. The tables specify a maximum value 
for the ACCP relative to maximum output power as a function of the 
displacement from the channel center frequency. In addition, the ACCP 
for a mobile station transmitter at the specified frequency displacement 
must not exceed the value shown in the tables. For transmitters that 
have power control, the latter ACCP requirement can be met at maximum 
power reduction. In the following charts, ``(s)'' means that a swept 
measurement is to be used.

                                  6.25 kHz Mobile Transmitter ACCP Requirements
----------------------------------------------------------------------------------------------------------------
                                                  Measurement
      Offset from center frequency (kHz)           bandwidth     Maximum ACCP      Maximum ACCP absolute (dBm)
                                                     (kHz)      relative (dBc)
----------------------------------------------------------------------------------------------------------------
6.25..........................................            6.25             -40  not specified
12.50.........................................            6.25             -60  -45
18.75.........................................            6.25             -60  -45
25.00.........................................            6.25             -65  -50
37.50.........................................           25.00             -65  -50
62.50.........................................           25.00             -65  -50
87.50.........................................           25.00             -65  -50
150.00........................................          100.00             -65  -50
250.00........................................          100.00             -65  -50
400 to receive band................           30(s)             -75  -55
In the receive band...........................           30(s)            -100  -70
----------------------------------------------------------------------------------------------------------------


                                  12.5 kHz Mobile Transmitter ACCP Requirements
----------------------------------------------------------------------------------------------------------------
                                                  Measurement
      Offset from center frequency (kHz)           bandwidth     Maximum ACCP      Maximum ACCP absolute (dBm)
                                                     (kHz)      relative (dBc)
----------------------------------------------------------------------------------------------------------------
9.375.........................................            6.25             -40  not specified
15.625........................................            6.25             -60  -45
21.875........................................            6.25             -60  -45
37.500........................................           25.00             -65  -50
62.500........................................           25.00             -65  -50
87.500........................................           25.00             -65  -50
150.000.......................................          100.00             -65  -50
250.000.......................................          100.00             -65  -50
400 to receive band................           30(s)             -75  -55

[[Page 385]]

 
In the receive band...........................           30(s)            -100  -70
----------------------------------------------------------------------------------------------------------------


                                   25 kHz Mobile Transmitter ACCP Requirements
----------------------------------------------------------------------------------------------------------------
                                                  Measurement
      Offset from center frequency (kHz)           bandwidth     Maximum ACCP      Maximum ACCP absolute (dBm)
                                                     (kHz)      relative (dBc)
----------------------------------------------------------------------------------------------------------------
15.625........................................            6.25             -40  not specified
21.875........................................            6.25             -60  -45
37.500........................................           25.00             -65  -50
62.500........................................           25.00             -65  -50
87.500........................................           25.00             -65  -50
150.000.......................................          100.00             -65  -50
250.000.......................................          100.00             -65  -50
400 to receive band................           30(s)             -75  -55
In the receive band...........................           30(s)            -100  -70
----------------------------------------------------------------------------------------------------------------


           150 kHz Mobile Transmitter ACCP Requirements 12.5 kHz Mobile Transmitter ACCP Requirements
----------------------------------------------------------------------------------------------------------------
                                                  Measurement
      Offset from center frequency (kHz)           bandwidth     Maximum ACCP      Maximum ACCP absolute (dBm)
                                                     (kHz)      relative (dBc)
----------------------------------------------------------------------------------------------------------------
100...........................................              50             -40  not specified
200...........................................              50             -50  -35
300...........................................              50             -50  -35
400...........................................              50             -50  -35
600 to 1000...................................           30(s)             -60  -45
1000 to receive band..........................           30(s)             -70  -55
In the receive band...........................           30(s)            -100  -75
----------------------------------------------------------------------------------------------------------------


                                   6.25 kHz Base Transmitter ACCP Requirements
----------------------------------------------------------------------------------------------------------------
                                                               Measurement
             Offset from center frequency (kHz)                 bandwidth             Maximum ACCP (dBc)
                                                                  (kHz)
----------------------------------------------------------------------------------------------------------------
6.25.......................................................            6.25  -40
12.50......................................................            6.25  -60
18.75......................................................            6.25  -60
25.00......................................................            6.25  -65
37.50......................................................           25.00  -65
62.50......................................................           25.00  -65
87.50......................................................           25.00  -65
150.00.....................................................          100.00  -65
250.00.....................................................          100.00  -65
400 to receive band.............................           30(s)  -80 (continues @-6dB/oct)
In the receive band........................................           30(s)  -100
----------------------------------------------------------------------------------------------------------------


                                   12.5 kHz Base Transmitter ACCP Requirements
----------------------------------------------------------------------------------------------------------------
                                                               Measurement
             Offset from center frequency (kHz)                 bandwidth             Maximum ACCP (dBc)
                                                                  (kHz)
----------------------------------------------------------------------------------------------------------------
9.375......................................................            6.25  -40
15.625.....................................................            6.25  -60
21.875.....................................................            6.25  -60
37.500.....................................................           25.00  -60
62.500.....................................................           25.00  -65
87.500.....................................................           25.00  -65
150.000....................................................          100.00  -65
250.000....................................................          100.00  -65
400 to receive band.............................           30(s)  -80 (continues @-6dB/oct)

[[Page 386]]

 
In the receive band........................................           30(s)  -100
----------------------------------------------------------------------------------------------------------------


                                    25 kHz Base Transmitter ACCP Requirements
----------------------------------------------------------------------------------------------------------------
                                                               Measurement
             Offset from center frequency (kHz)                 bandwidth             Maximum ACCP (dBc)
                                                                  (kHz)
----------------------------------------------------------------------------------------------------------------
15.625.....................................................            6.25  -40
21.875.....................................................            6.25  -60
37.500.....................................................           25.00  -60
62.500.....................................................           25.00  -65
87.500.....................................................           25.00  -65
150.000....................................................          100.00  -65
250.000....................................................          100.00  -65
400 to receive band.............................           30(s)  -80 (continues @-6dB/oct)
In the receive band........................................           30(s)  -100
----------------------------------------------------------------------------------------------------------------


                                   150 kHz Base Transmitter ACCP Requirements
----------------------------------------------------------------------------------------------------------------
                                                               Measurement
             Offset from center frequency (kHz)                 bandwidth             Maximum ACCP (dBc)
                                                                  (kHz)
----------------------------------------------------------------------------------------------------------------
100........................................................              50  -40
200........................................................              50  -50
300........................................................              50  -55
400........................................................              50  -60
600 to 1000................................................           30(s)  -65
1000 to receive band.......................................           30(s)  -75 (continues @-6dB/oct)
In the receive band........................................           30(s)  -100
----------------------------------------------------------------------------------------------------------------

    (2) ACCP measurement procedure. The following procedures are to be 
followed for making ACCP transmitter measurements. For time division 
multiple access (TDMA) systems, the measurements are to be made under 
TDMA operation only during time slots when the transmitter is on. All 
measurements must be made at the input to the transmitter's antenna. 
Measurement bandwidth used below implies an instrument that measures the 
power in many narrow bandwidths (e.g. 300 Hz) and integrates these 
powers across a larger band to determine power in the measurement 
bandwidth.
    (i) Setting reference level: Using a spectrum analyzer capable of 
ACCP measurements, set the measurement bandwidth to the channel size. 
For example, for a 6.25 kHz transmitter, set the measurement bandwidth 
to 6.25 kHz; for a 150 kHz transmitter, set the measurement bandwidth to 
150 kHz. Set the frequency offset of the measurement bandwidth to zero 
and adjust the center frequency of the spectrum analyzer to give the 
power level in the measurement bandwidth. Record this power level in dBm 
as the ``reference power level''.
    (ii) Measuring the power level at frequency offsets <600kHz: Using a 
spectrum analyzer capable of ACCP measurements, set the measurement 
bandwidth as shown in the tables above. Measure the ACCP in dBm. These 
measurements should be made at maximum power. Calculate the coupled 
power by subtracting the measurements made in this step from the 
reference power measured in the previous step. The absolute ACCP values 
must be less than the values given in the table for each condition 
above.
    (iii) Measuring the power level at frequency offsets 
600kHz: Set a spectrum analyzer to 30 kHz resolution 
bandwidth, 1 MHz video bandwidth and sample mode detection. Sweep 6 MHz from

[[Page 387]]

the carrier frequency. Set the reference level to the RMS value of the 
transmitter power and note the absolute power. The response at 
frequencies greater than 600 kHz must be less than the values in the 
tables above.
    (iv) Upper Power Limit Measurement: The absolute coupled power in 
dBm measured above must be compared to the table entry for each given 
frequency offset. For those mobile stations with power control, these 
measurements should be repeated with power control at maximum power 
reduction. The absolute ACCP at maximum power reduction must be less 
than the values in the tables above.
    (3) Out-of-band emission limit. On any frequency outside of the 
frequency ranges covered by the ACCP tables in this section, the power 
of any emission must be reduced below the unmodulated carrier power (P) 
by at least 43 + 10 log (P) dB.
    (4) Authorized bandwidth. Provided that the ACCP requirements of 
this section are met, applicants may request any authorized bandwidth 
that does not exceed the channel size.
    (e) For operations in the 746-764 MHz and 776-794 MHz bands, 
emissions in the band 1559-1610 MHz shall be limited to -70 dBW/MHz 
equivalent isotropically radiated power (EIRP) for wideband signals, and 
-80 dBW EIRP for discrete emissions of less than 700 Hz bandwidth. For 
the purpose of equipment authorization, a transmitter shall be tested 
with an antenna that is representative of the type that will be used 
with the equipment in normal operation.
    (f) For operations in the 698-746 MHz band, the power of any 
emission outside a licensee's frequency band(s) of operation shall be 
attenuated below the transmitter power (P) within the licensed band(s) 
of operation, measured in watts, by at least 43 + 10 log (P) dB. 
Compliance with this provision is based on the use of measurement 
instrumentation employing a resolution bandwidth of 100 kilohertz or 
greater. However, in the 100 kilohertz bands immediately outside and 
adjacent to a licensee's frequency block, a resolution bandwidth of at 
least 30 kHz may be employed.
    (g) For operations in the 1710-1755 MHz and 2110-2155 MHz bands, the 
power of any emission outside a licensee's frequency block shall be 
attenuated below the transmitter power (P) by at least 43 + 10 
log10 (P) dB.
    (1) Compliance with this provision is based on the use of 
measurement instrumentation employing a resolution bandwidth of 1 
megahertz or greater. However, in the 1 megahertz bands immediately 
outside and adjacent to the licensee's frequency block, a resolution 
bandwidth of at least one percent of the emission bandwidth of the 
fundamental emission of the transmitter may be employed. The emission 
bandwidth is defined as the width of the signal between two points, one 
below the carrier center frequency and one above the carrier center 
frequency, outside of which all emissions are attenuated at least 26 dB 
below the transmitter power.
    (2) When measuring the emission limits, the nominal carrier 
frequency shall be adjusted as close to the licensee's frequency block 
edges, both upper and lower, as the design permits.
    (3) 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.
    (h) 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.
    (i) For operations in the unpaired 1390-1392 MHz band and the paired 
1392-1395 MHz and 1432-1435 MHz bands, the power of any emission outside 
the licensee's frequency band(s) of operation shall be attenuated below 
the transmitter power (P) by at least 43 + 10 log (P) dB. Compliance 
with these provisions is based on the procedures described in paragraph 
(a)(4) of this section.
    (j) For operations in the 1670-1675 MHz band, the power of any 
emission outside the licensee's frequency band(s) of operation shall be 
attenuated below the transmitter power (P) by at least 43 + 10 log (P) 
dB. Compliance with these provisions is based on the procedures 
described in paragraph (a)(4) of this section.

[[Page 388]]

    (k) For operations in the 2385-2390 MHz band, the power of any 
emission outside the licensee's frequency band(s) of operation shall be 
attenuated below the transmitter power (P) by at least 43 + 10 log (P) 
dB. Compliance with these provisions is based on the procedures 
described in paragraph (a)(4) of this section.
    (l) When an emission outside of the authorized bandwidth causes 
harmful interference, the Commission may, at its discretion, require 
greater attenuation than specified in this section.

[62 FR 16497, Apr. 7, 1997, as amended at 65 FR 3147, Jan. 20, 2000; 65 
FR 17602, Apr. 4, 2000; 65 FR 42883, July 12, 2000; 67 FR 5511, Feb. 6, 
2002; 67 FR 41855, June 20, 2002; 69 FR 5715, Feb. 6, 2004]



Sec. 27.54  Frequency stability.

    The frequency stability shall be sufficient to ensure that the 
fundamental emissions stay within the authorized bands of operation.



Sec. 27.55  Signal strength limits.

    (a) Field strength limits. For the following bands, the predicted or 
measured median field strength at any location on the geographical 
border of a licensee's service area shall not exceed the value specified 
unless the adjacent affected service area licensee(s) agree(s) to a 
different field strength. This value applies to both the initially 
offered service areas and to partitioned service areas.
    (1) 2110-2155, 2305-2320 and 2345-2360 MHz bands: 47 dB[mu] V/m.
    (2) 698-764 and 776-794 MHz bands: 40 dB[mu] V/m.
    (3) The paired 1392-1395 MHz and 1432-1435 MHz bands and the 
unpaired 1390-1392 MHz band (1.4 GHz band): 47 dB[mu]V/m.
    (b) Power flux density limit. For base and fixed stations operating 
in the 698-746 MHz band, with an effective radiated power (ERP) greater 
than 1 kW, the power flux density that would be produced by such 
stations through a combination of antenna height and vertical gain 
pattern must not exceed 3000 microwatts per square meter on the ground 
over the area extending to 1 km from the base of the antenna mounting 
structure.

[69 FR 5715, Feb. 6, 2004]



Sec. 27.56  Antenna structures; air navigation safety.

    A licensee that owns its antenna structure(s) must not allow such 
antenna structure(s) to become a hazard to air navigation. In general, 
antenna structure owners are responsible for registering antenna 
structures with the FCC if required by part 17 of this chapter, and for 
installing and maintaining any required marking and lighting. However, 
in the event of default of this responsibility by an antenna structure 
owner, the FCC permittee or licensee authorized to use an affected 
antenna structure will be held responsible by the FCC for ensuring that 
the antenna structure continues to meet the requirements of part 17 of 
this chapter. See Sec. 17.6 of this chapter.
    (a) Marking and lighting. Antenna structures must be marked, lighted 
and maintained in accordance with part 17 of this chapter and all 
applicable rules and requirements of the Federal Aviation 
Administration. For any construction or alteration that would exceed the 
requirements of section 17.7 of this chapter, licensees must notify the 
appropriate Regional Office of the Federal Aviation Administration (FAA 
Form 7460-1) and file a request for antenna height clearance and 
obstruction marking and lighting specifications (FCC Form 854) with the 
FCC, WTB, 1270 Fairfield Road, Gettysburg, PA 17325.
    (b) Maintenance contracts. Antenna structure owners (or licensees 
and permittees, in the event of default by an antenna structure owner) 
may enter into contracts with other entities to monitor and carry out 
necessary maintenance of antenna structures. Antenna structure owners 
(or licensees and permittees, in the event of default by an antenna 
structure owner) that make such contractual arrangements continue to be 
responsible for the maintenance of antenna structures in regard to air 
navigation safety.



Sec. 27.57  International coordination.

    (a) WCS operations in the border areas shall be subject to 
coordination with those countries and provide protection to non-U.S. 
operations in the 2305-2320 and 2345-2360 MHz bands as appropriate. In 
addition, satellite DARS

[[Page 389]]

operations in WCS spectrum shall be subject to international satellite 
coordination procedures.
    (b) Operation in the 698-764 MHz and 776-794 MHz bands is subject to 
international agreements between Mexico and Canada. Unless otherwise 
modified by international treaty, licenses must not cause interference 
to, and must accept harmful interference from, television broadcast 
operations in Mexico and Canada.
    (c) Operation in the 1710-1755 MHz and 2110-2155 MHz bands is 
subject to international agreements with Mexico and Canada.

[62 FR 9658, Mar. 3, 1997, as amended at 67 FR 5511, Feb. 6, 2002; 69 FR 
5715, Feb. 6, 2004]



Sec. 27.58  Interference to MDS/ITFS receivers.

    (a) WCS licensees shall bear full financial obligation to remedy 
interference to MDS/ITFS block downconverters if all of the following 
conditions are met:
    (1) The complaint is received by the WCS licensee prior to February 
20, 2002;
    (2) The MDS.ITFS downconverter was installed prior to August 20, 
1998;
    (3) The WCS fixed or land station transmits at 50 or more watts peak 
EIRP;
    (4) The MDS/ITFS downconverter is located within a WCS transmitter's 
free space power flux density contour of -34 dBW/m2; and
    (5) The MDS/ITFS customer or licensee has informed the WCS licensee 
of the interference within one year from the initial operation of the 
WCS transmitter or within one year from any subsequent power increases 
at the WCS station.
    (b) Resolution of the complaint shall be at no cost to the 
complainant.
    (c) Two or more WCS licensees collocating their antennas on the same 
tower shall assume shared responsibility for remedying interference 
complaints within the area determined by paragraph (a)(4) of this 
section unless an offending station can be readily determined and then 
that station shall assume full financial responsibility.
    (d) If the WCS licensee cannot otherwise eliminate interference 
caused to MDS/ITFS reception, then that licensee must cease operations 
from the offending WCS facility.
    (e) At least 30 days prior to commencing operations from any new WCS 
transmission site or with increased power from any existing WCS 
transmission site, a WCS licensee shall notify all MDS/ITFS licensees in 
or through whose licensed service area they intend to operate of the 
technical parameters of the WCS transmission facility. WCS and MDS/ITFS 
licensees are expected to coordinate voluntarily and in good faith to 
avoid interference problems and to allow the greates operational 
flexibility in each other's operations.

[62 FR 16498, Apr. 7, 1997]



Sec. 27.59  [Reserved]



Sec. 27.60  TV/DTV interference protection criteria.

    Base, fixed, control, and mobile transmitters in the 698-764 MHz and 
776-794 MHz frequency bands must be operated only in accordance with the 
rules in this section to reduce the potential for interference to public 
reception of the signals of existing TV and DTV broadcast stations 
transmitting on TV Channels 51 through 68.
    (a) D/U ratios. Licensees must choose site locations that are a 
sufficient distance from co-channel and adjacent channel TV and DTV 
stations, and/or must use reduced transmitting power or transmitting 
antenna height such that the following minimum desired signal-to-
undesired signal ratios (D/U ratios) are met.
    (1) The minimum D/U ratio for co-channel stations is:
    (i) 40 dB at the hypothetical Grade B contour (64 dB[mu] V/m) (88.5 
kilometers (55 miles)) of the TV station;
    (ii) For transmitters operating in the 698-746 MHz frequency band, 
23 dB at the equivalent Grade B contour (41 dB[mu] V/m) (88.5 kilometers 
(55 miles)) of the DTV station; or
    (iii) For transmitters operating in the 746-764 MHz and 776-794 MHz 
frequency bands, 17 dB at the equivalent Grade B contour (41 dB[mu] V/m) 
(88.5 kilometers (55 miles)) of the DTV station.
    (2) The minimum D/U ratio for adjacent channel stations is 0 dB at 
the hypothetical Grade B contour (64 dB[mu]V/m)

[[Page 390]]

(88.5 kilometers (55 miles)) of the TV station or -23 dB at the 
equivalent Grade B contour (41 dB[mu]V/m) (88.5 kilometers (55 miles)) 
of the DTV station.
    (b) TV stations and calculation of contours. The methods used to 
calculate TV contours and antenna heights above average terrain are 
given in Sec. Sec. 73.683 and 73.684 of this chapter. Tables to 
determine the necessary minimum distance from the 698-764 MHz or 776-794 
MHz station to the TV/DTV station, assuming that the TV/DTV station has 
a hypothetical or equivalent Grade B contour of 88.5 kilometers (55 
miles), are located in Sec. 90.309 of this chapter and labeled as 
Tables B, D, and E. Values between those given in the tables may be 
determined by linear interpolation. Distances for station parameters 
greater than those indicated in the tables should be calculated in 
accordance with the required D/U ratios, as provided in paragraph (a) of 
this section. The locations of existing and proposed TV/DTV stations 
during the period of transition from analog to digital TV service are 
given in part 73 of this chapter and in the final proceedings of MM 
Docket No. 87-268.
    (1) Licensees of stations operating within the ERP and HAAT limits 
of Sec. 27.50 must select one of four methods to meet the TV/DTV 
protection requirements, subject to Commission approval:
    (i) Utilize the geographic separation specified in Tables B, D, and 
E of Sec. 90.309 of this chapter, as appropriate;
    (ii) When station parameters are greater than those indicated in the 
tables, calculate geographic separation in accordance with the required 
D/U ratios, as provided in paragraph (a) of this section;
    (iii) Submit an engineering study justifying the proposed 
separations based on the actual parameters of the land mobile station 
and the actual parameters of the TV/DTV station(s) it is trying to 
protect; or,
    (iv) Obtain written concurrence from the applicable TV/DTV 
station(s). If this method is chosen, a copy of the agreement must be 
submitted with the application.
    (2) The following is the method for geographic separations.
    (i) Base and fixed stations that operate in the 746-764 MHz and 777-
792 MHz bands having an antenna height (HAAT) less than 152 m. (500 ft.) 
shall afford protection to co-channel and adjacent channel TV/DTV 
stations in accordance with the values specified in Table B (co-channel 
frequencies based on 40 dB protection) and Table E (adjacent channel 
frequencies based on 0 dB protection) in Sec. 90.309 of this chapter. 
Base and fixed stations that operate in the 698-746 MHz band having an 
antenna height (HAAT) less than 152 m. (500 ft.) shall afford protection 
to adjacent channel DTV stations in accordance with the values specified 
in Table E in Sec. 90.309 of this chapter, shall afford protection to 
co-channel DTV stations by providing 23 dB protection to such stations' 
equivalent Grade B contour (41 dB[mu] V/m), and shall afford protection 
to co-channel and adjacent channel TV stations in accordance with the 
values specified in Table B (co-channel frequencies based on 40 dB 
protection) and Table E (adjacent channel frequencies based on 0 dB 
protection) in Sec. 90.309 of this chapter. For base and fixed stations 
having an antenna height (HAAT) between 152-914 meters (500-3,000 ft.) 
the effective radiated power must be reduced below 1 kilowatt in 
accordance with the values shown in the power reduction graph in Figure 
B in Sec. 90.309 of this chapter. 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 hypothetical or equivalent Grade B 
contour of a co-channel TV/DTV station (i.e., it exceeds the distance 
from the appropriate Table in Sec. 90.309 of this chapter to the 
relevant TV/DTV station), an authorization will not be granted unless it 
can be shown in an engineering study (see paragraph (b)(1)(iii) of this 
section) that actual terrain considerations are such as to provide the 
desired protection at the actual Grade B contour (64 dB[mu] V/m for TV 
and 41 dB[mu] V/m for DTV stations) or unless the effective radiated 
power will be further reduced so that, assuming free space attenuation, 
the desired protection at the actual Grade B contour (64 dB[mu] V/m for

[[Page 391]]

TV and 41 dB[mu] V/m coverage contour for DTV stations) will be 
achieved. Directions for calculating powers, heights, and reduction 
curves are listed in Sec. 90.309 of this chapter for land mobile 
stations. Directions for calculating coverage contours are listed in 
Sec. Sec. 73.683 through 73.685 of this chapter for TV stations and in 
Sec. 73.625 of this chapter for DTV stations.
    (ii) Control, fixed, and mobile stations (including portables) that 
operate in the 776-777 MHz and 792-794 MHz bands and control and mobile 
stations (including portables) that operate in the 698-746 MHz, 747-762 
MHz and 777-792 MHz bands are limited in height and power and therefore 
shall afford protection to co-channel and adjacent channel TV/DTV 
stations in the following manner:
    (A) For control, fixed, and mobile stations (including portables) 
that operate in the 776-777 MHz and 792-794 MHz bands and control and 
mobile stations (including portables) that operate in the 747-762 MHz 
and 777-792 MHz band, co-channel protection shall be afforded in 
accordance with the values specified in Table D (co-channel frequencies 
based on 40 dB protection for TV stations and 17 dB for DTV stations) in 
Sec. 90.309 of this chapter.
    (B) For control and mobile stations (including portables) that 
operate in the 698-746 MHz band, co-channel protection shall be afforded 
to TV stations in accordance with the values specified in Table D (co-
channel frequencies based on 40 dB protection) and to DTV stations by 
providing 23 dB protection to such stations' equivalent Grade B contour 
(41 dB[mu] V/m).
    (C) For control, fixed, and mobile stations (including portables) 
that operate in the 776-777 MHz and 792-794 MHz bands and control and 
mobile stations (including portables) that operate in the 698-746 MHz, 
747-762 MHz, and 777-792 MHz band, adjacent channel protection shall be 
afforded by providing a minimum distance of 8 kilometers (5 miles) from 
all adjacent channel TV/DTV station hypothetical or equivalent Grade B 
contours (adjacent channel frequencies based on 0 dB protection for TV 
stations and -23 dB for DTV stations).
    (D) Since control, fixed, and mobile stations may affect different 
TV/DTV stations than the associated base or fixed station, particular 
care must be taken by applicants/licensees to ensure that all 
appropriate TV/DTV stations are considered (e.g., a base station may be 
operating within TV Channel 62 and the mobiles within TV Channel 67, in 
which case TV Channels 61, 62, 63, 66, 67 and 68 must be protected). 
Control, fixed, and mobile stations shall keep a minimum distance of 
96.5 kilometers (60 miles) from all adjacent channel TV/DTV stations. 
Since mobiles and portables are able to move and communicate with each 
other, licensees must determine the areas where the mobiles can and 
cannot roam in order to protect the TV/DTV stations.
    Note to Sec. 27.60: The 88.5 km (55 mi) Grade B service contour (64 
dB[mu]V/m) is based on a hypothetical TV station operating at an 
effective radiated power of one megawatt, a transmitting antenna height 
above average terrain of 610 meters (2000 feet) and the Commission's R-
6602 F(50,50) curves. See Sec. 73.699 of this chapter. Maximum 
facilities for TV stations operating in the UHF band are 5 megawatts 
effective radiated power at an antenna HAAT of 610 meters (2,000 feet). 
See Sec. 73.614 of this chapter. The equivalent contour for DTV 
stations is based on a 41 dB[mu]V/m signal strength and the distance to 
the F (50,90) curve. See Sec. 73.625 of this chapter.

[65 FR 3148, Jan. 20, 2000, as amended at 65 FR 17605, Apr. 4, 2000; 65 
FR 42883, July 12, 2000; 67 FR 5511, Feb. 6, 2002]



Sec. Sec. 27.61-27.62  [Reserved]



Sec. 27.63  Disturbance of AM broadcast station antenna patterns.

    AWS and WCS licensees that construct or modify towers in the 
immediate vicinity of AM broadcast stations are responsible for measures 
necessary to correct disturbance of the AM station antenna pattern which 
causes operation outside of the radiation parameters specified by the 
FCC for the AM station, if the disturbance occurred as a result of such 
construction or modification.
    (a) Non-directional AM stations. If tower construction or 
modification is planned within 1 kilometer (0.6 mile) of a non-
directional AM broadcast station tower, the AWS or WCS licensee must 
notify the licensee of the AM broadcast

[[Page 392]]

station in advance of the planned construction or modification. 
Measurements must be made to determine whether the construction or 
modification would affect the AM station antenna pattern. The AWS or WCS 
licensee is responsible for the installation and continued maintenance 
of any detuning apparatus necessary to restore proper non-directional 
performance of the AM station tower.
    (b) Directional AM stations. If tower construction or modification 
is planned within 3 kilometers (1.9 miles) of a directional AM broadcast 
station array, the AWS or WCS licensee must notify the licensee of the 
AM broadcast station in advance of the planned construction or 
modification. Measurements must be made to determine whether the 
construction or modification would affect the AM station antenna 
pattern. The AWS or WCS licensee is responsible for the installation and 
continued maintenance of any detuning apparatus necessary to restore 
proper performance of the AM station array.

[69 FR 5715, Feb. 6, 2004]



Sec. 27.64  Protection from interference.

    Wireless Communications Service (WCS) stations operating in full 
accordance with applicable FCC rules and the terms and conditions of 
their authorizations are normally considered to be non-interfering. If 
the FCC determines, however, that interference which significantly 
interrupts or degrades a radio service is being caused, it may, after 
notice and an opportunity for a hearing, require modifications to any 
WCS station as necessary to eliminate such interference.
    (a) Failure to operate as authorized. Any licensee causing 
interference to the service of other stations by failing to operate its 
station in full accordance with its authorization and applicable FCC 
rules shall discontinue all transmissions, except those necessary for 
the immediate safety of life or property, until it can bring its station 
into full compliance with the authorization and rules.
    (b) Intermodulation interference. Licensees should attempt to 
resolve such interference by technical means.
    (c) Situations in which no protection is afforded. Except as 
provided elsewhere in this part, no protection from interference is 
afforded in the following situations:
    (1) Interference to base receivers from base or fixed transmitters. 
Licensees should attempt to resolve such interference by technical means 
or operating arrangements.
    (2) Interference to mobile receivers from mobile transmitters. No 
protection is provided against mobile-to-mobile interference.
    (3) Interference to base receivers from mobile transmitters. No 
protection is provided against mobile-to-base interference.
    (4) Interference to fixed stations. Licensees should attempt to 
resolve such interference by technical means or operating arrangements.
    (5) Anomalous or infrequent propagation modes. No protection is 
provided against interference caused by tropospheric and ionospheric 
propagation of signals.



Sec. 27.66  Discontinuance, reduction, or impairment of service.

    (a) Involuntary act. If the service provided by a fixed common 
carrier licensee, or a fixed common carrier operating on spectrum 
licensed to a Guard Band Manager, is involuntarily discontinued, 
reduced, or impaired for a period exceeding 48 hours, the licensee must 
promptly notify the Commission, in writing, as to the reasons for 
discontinuance, reduction, or impairment of service, including a 
statement when normal service is to be resumed. When normal service is 
resumed, the licensee must promptly notify the Commission.
    (b) Voluntary act by common carrier. If a fixed common carrier 
licensee, or a fixed common carrier operating on spectrum licensed to a 
Guard Band Manager, voluntarily discontinues, reduces, or impairs 
service to a community or part of a community, it must obtain prior 
authorization as provided under Sec. 63.71 of this chapter. An 
application will be granted within 31 days after filing if no objections 
have been received.
    (c) Voluntary act by non-common carrier. If a fixed non-common 
carrier licensee, or a fixed non-common carrier

[[Page 393]]

operating on spectrum licensed to a Guard Band Manager, voluntarily 
discontinues, reduces, or impairs service to a community or part of a 
community, it must given written notice to the Commission within seven 
days.
    (d) Notifications and requests. Notifications and requests 
identified in paragraphs(a) through (c) of this section should be sent 
to: Federal Communications Commission, Common Carrier Radio Services, 
1270 Fairfield Road, Gettysburg, Pennsylvania, 17325.

[65 FR 3149, Jan. 20, 2000; 65 FR 12483, Mar. 9, 2000, as amended at 65 
FR 17605, Apr. 4, 2000; 65 FR 57267, Sept. 21, 2000]



Subpart D_Competitive Bidding Procedures for the 2305-2320 MHz and 2345-
                             2360 MHz Bands



Sec. 27.201  WCS in the 2305-2320 MHz and 2345-2360 MHz bands subject to 
competitive bidding.

    Mutually exclusive initial applications for WCS licenses in the 
2305-2320 MHz and 2345-2360 MHz bands are subject to competitive 
bidding. The general competitive bidding procedures set forth in part 1, 
subpart Q of this chapter will apply unless otherwise provided in this 
subpart.

[67 FR 45373, July 9, 2002]



Sec. Sec. 27.202-27.208  [Reserved]



Sec. 27.209  Designated entities; bidding credits; unjust enrichment.

    (a) Designated entities entitled to preferences in the WCS in the 
2305-2320 and 2345-2360 bands auction are small businesses and very 
small businesses as defined in Sec. 27.110(b). Designated entities will 
be eligible for bidding credits, as defined in paragraphs (b) and (c) of 
this section.
    (b) A winning bidder that qualifies as a small business may use a 
bidding credit of 25 percent to lower the cost of its winning bid.
    (c) A winning bidder that qualifies as a very small business may use 
a bidding credit of 35 percent to lower the cost of its winning bid.

[62 FR 9658, Mar. 3, 1997, as amended at 63 FR 2349, Jan. 15, 1998; 65 
FR 57268, Sept. 21, 2000; 67 FR 45373, July 9, 2002]



Sec. 27.210  Definitions

    (a) Scope. The definitions in this section apply to Sec. 27.209, 
unless otherwise specified in those sections.
    (b) Small and very small business. (1) A small business is an entity 
that, together with its affiliates and controlling interests, has 
average annual gross revenues that are not more than $40 million for the 
preceding three years.
    (2) A very small business is an entity that, together with its 
affiliates and controlling interests, has average annual gross revenues 
that are not more than $15 million for the preceding three years.

[67 FR 45373, July 9, 2002, as amended at 68 FR 43000, July 21, 2003]



     Subpart E_Application, Licensing, and Processing Rules for WCS



Sec. 27.301  [Reserved]



Sec. 27.302  Eligibility.

    (a) General. Authorizations will be granted upon proper application 
if:
    (1) The applicant is qualified under the applicable laws and the 
regulations, policies and decisions issued under those laws, including 
Sec. 27.12;
    (2) There are frequencies available to provide satisfactory service; 
and
    (3) The public interest, convenience or necessity would be served by 
a grant.
    (b) Alien Ownership. A WCS authorization may not be granted to or 
held by an entity not meeting the requirements of section 310 of the 
Communications Act of 1934, as amended, 47 U.S.C. section 310 insofar as 
applicable to the particular service in question.



Sec. 27.303  Upper 700 MHz commercial and public safety coordination zone.

    (a) General. CMRS operators are required, prior to commencing 
operations on fixed or base station transmitters on the 777-792 MHz band 
that are located within 500 meters of existing or planned public safety 
base station receivers, to submit a description of their proposed 
facility to a Commission-approved public safety coordinator.
    (1) The description must include, at a minimum;

[[Page 394]]

    (i) The frequency or frequencies on which the facility will operate;
    (ii) Antenna location and height;
    (iii) Type of emission;
    (iv) Effective radiated power;
    (v) A description of the area served and the operator's name.
    (2) It is the CMRS operator's responsibility to determine whether 
referral is required for stations constructed in its area of license. 
Public safety base stations are considered ``planned'' when public 
safety operators have notified, or initiated coordination with, a 
Commission-approved public safety coordinator.
    (b) CMRS operators must wait at least 10 business days after 
submission of the required description before commencing operations on 
the referenced facility, or implementing modifications to an existing 
facility.
    (c) The potential for harmful interference between the CMRS and 
public safety facilities will be evaluated by the public safety 
coordinator.
    (1) With regard to existing public safety facilities, the 
coordinator's determination to disapprove a proposed CMRS facility (or 
modification) to be located within 500 meters of the public safety 
facilities will be presumed correct, but the CMRS operator may seek 
Commission review of such determinations. Pending Commission review, the 
CMRS operator will not activate the facility or implement proposed 
modifications.
    (2) With regard to proposed public safety facilities, the 
coordinator's determination to disapprove a proposed CMRS facility (or 
modification) to be located within 500 meters of the public safety 
facilities will be presumed correct, but the CMRS operator may seek 
Commission review and, pending completion of review, operate the 
facility during construction of the public safety facilities. If 
coordination or Commission review has not been completed when the public 
safety facilities are ready to operate, the CMRS operator must cease 
operations pending completion of coordination or Commission review. Such 
interim operation of the CMRS facility within the coordination zone (or 
implementation of modifications) will not be relied on by the Commission 
in its subsequent review and determination of measures necessary to 
control interference, including relocation or modification of the CMRS 
facility.
    (d) If, in the event of harmful interference between facilities 
located within 500 meters proximity, the parties are unable, with the 
involvement of the coordinator, to resolve the problem by mutually 
satisfactory arrangements, the Commission may impose restrictions on the 
operations of any of the parties involved.

[67 FR 49245, July 30, 2002]



Sec. Sec. 27.304-27.307  [Reserved]



Sec. 27.308  Technical content of applications.

    All applications required by this part shall contain all technical 
information required by the application forms or associated public 
notice(s). Applications other than initial applications for a WCS 
license must also comply with all technical requirements of the rules 
governing the applicable frequency band (see subparts C, D, F, and G of 
this part, as appropriate).

[65 FR 57268, Sept. 21, 2000]



Sec. Sec. 27.310-27.320  [Reserved]



Sec. 27.321  Mutually exclusive applications.

    (a) Two or more pending applications are mutually exclusive if the 
grant of one application would effectively preclude the grant of one or 
more of the others under the Commission's rules governing the Wireless 
Communications Services involved. The Commission uses the general 
procedures in this section for processing mutually exclusive 
applications in the Wireless Communications Services.
    (b) An application will be entitled to comparative consideration 
with one or more conflicting applications only if the Commission 
determines that such comparative consideration will serve the public 
interest.

[[Page 395]]



Sec. Sec. 27.322-27.325  [Reserved]



Subpart F_Competitive Bidding Procedures for the 746-764 MHz and 776-794 
                                MHz Bands

    Source: 65 FR 3149, Jan. 20, 2000, unless otherwise noted.



Sec. 27.501  746-764 MHz and 776-794 MHz bands subject to competitive 
bidding.

    Mutually exclusive initial applications for licenses in the 746-764 
MHz and 776-794 MHz bands are subject to competitive bidding. The 
general competitive bidding procedures set forth in part 1, subpart Q of 
this chapter will apply unless otherwise provided in this subpart.

[68 FR 43000, July 21, 2003]



Sec. 27.502  Designated entities.

    Eligibility for small business provisions.
    (a) A small business is an entity that, together with its 
controlling interests and affiliates, has average gross revenues not 
exceeding $40 million for the preceding three years.
    (b) A very small business is an entity that, together with its 
controlling interests and affiliates, has average gross revenues not 
exceeding $15 million for the preceding three years.

[67 FR 45374, July 9, 2002, as amended at 68 FR 43000, July 21, 2003]



                      Subpart G_Guard Band Managers

    Source: 65 FR 17605, Apr. 4, 2000, unless otherwise noted.



Sec. 27.601  Guard Band Manager authority and coordination requirements.

    (a) Subject to the provisions of Sec. 27.2(b) and paragraphs (c) 
and (d) of this section, a Guard Band Manager may allow a spectrum user, 
pursuant to a written agreement, to construct and operate stations at 
any available site within the licensed area and on any channel for which 
the Guard Band Manager is licensed, provided such stations comply with 
Commission Rules and coordination requirements.
    (b) Subject to the provisions of Sec. 27.2(b) and paragraphs (c) 
and (d) of this section, a Guard Band Manager may allow a spectrum user, 
pursuant to a written agreement, to delete, move or change the operating 
parameters of any of the user's stations that are covered under the 
Guard Band Manager's license without prior Commission approval, provided 
such stations comply with Commission Rules and coordination 
requirements.
    (c)(1) A Guard Band Manager must file a separate station application 
and obtain all appropriate Commission approvals or authorizations prior 
to construction of stations that--
    (i) Require submission of an Environmental Assessment under Sec. 
1.1307 of this chapter;
    (ii) Require international coordination; or
    (iii) Would affect areas described in Sec. 1.924 of this chapter.
    (2) Prior to construction of a station, a Guard Band Manager must 
register with the Commission any station antenna structure for which 
notification to the Federal Aviation Administration is required by part 
17 of this chapter.
    (3) It is the Guard Band Manager's responsibility to determine 
whether a referral to the Commission is needed for any individual 
station constructed in the Guard Band Manager's license area.
    (d)(1) A Guard Band Manager must notify Commission-recognized public 
safety frequency coordinators for the 700 MHz public safety band and 
adjacent-area Guard Band Managers within one business day after the 
Guard Band Manager has:
    (i) Coordinated a new station or modification of an existing 
station; or
    (ii) Filed an application for an individual station license with the 
Commission.
    (2) The notification required in paragraph (d)(1) of this section 
must include, at a minimum--
    (i) The frequency or frequencies coordinated;
    (ii) Antenna location and height;
    (iii) Type of emission;
    (iv) Effective radiated power;
    (v) A description of the service area, date of coordination, and 
user name or,

[[Page 396]]

in the alternative, a description of the type of operation.
    (3) In the event a Guard Band Manager partitions its service area or 
disaggregates its spectrum, it is required to submit the notification 
required in paragraph (d)(1) of this section to other Guard Band 
Managers in the same geographic area.
    (4) Entities coordinated by a Guard Band Manager must wait at least 
10 business days after the notification required in paragraph (d)(1) of 
this section before operating under the Guard Band Manager's license;
    (5) If, in the event of harmful interference, the Guard Band Manager 
is unable to resolve the problem by mutually satisfactory arrangements, 
the Commission may impose restrictions on the operations of any of the 
parties involved.
    (e) Where a deletion, move or change authorized under paragraph (b) 
of this section constitutes a discontinuance, reduction, or impairment 
of service under Sec. 27.66 or where discontinuance, reduction or 
impairment of service results from an involuntary act subject to Sec. 
27.66(a), the Guard Band Manager must comply with the notification and 
authorization requirements set forth in that section.

[65 FR 17605, Apr. 4, 2000, as amended at 69 FR 17958, Apr. 6, 2004]



Sec. 27.602  Guard Band Manager agreements.

    Guard Band Managers are required to enter into written agreements 
regarding the use of their licensed spectrum by others, subject to the 
following conditions:
    (a) The duration of spectrum user agreements may not extend beyond 
the term of the Guard Band Manager's FCC license.
    (b) The spectrum user agreement must specify in detail the operating 
parameters of the spectrum user's system, including power, maximum 
antenna heights, frequencies of operation, base station location(s), 
area(s) of operation, and other parameters specified in Commission rules 
for the use of spectrum identified in Sec. 27.5(b)(1) and (b)(2).
    (c) The spectrum user agreement must require the spectrum user to 
use Commission-approved equipment where appropriate and to complete 
post-construction proofs of system performance prior to system 
activation.
    (d) The spectrum user must agree to operate its system in compliance 
with all technical specifications for the system contained in the 
agreement and agree to cooperate fully with any investigation or inquiry 
conducted by either the Commission or the Guard Band Manager.
    (e) The spectrum user must agree to comply with all applicable 
Commission rules, and the spectrum user must accept Commission oversight 
and enforcement.
    (f) The spectrum user agreement must stipulate that if the Guard 
Band Manager determines that there is an ongoing violation of the 
Commission's rules or that the spectrum user's system is causing harmful 
interference, the Guard Band Manager shall have the right to suspend or 
terminate operation of the spectrum user's system. The spectrum user 
agreement must stipulate that if the spectrum user refuses to comply 
with a suspension or termination order, the Guard Band Manager will be 
free to use all legal means necessary to enforce the order.
    (g) The spectrum user agreement may not impose unduly restrictive 
requirements on use of the licensed frequencies, including any 
requirement that is not reasonably related to the efficient management 
of the spectrum licensed to the Guard Band Manager.
    (h) Guard Band Managers shall maintain their written agreements with 
spectrum users at their principal place of business, and retain such 
records for at least two years after the date such agreements expire. 
Such records shall be kept current and be made available upon request 
for inspection by the Commission or its representatives.



Sec. 27.603  Access to the Guard Band Manager's spectrum.

    (a) A Guard Band Manager may not engage in unjust or unreasonable 
discrimination among spectrum users and may not unreasonably deny 
prospective spectrum users access to the Guard Band Manager's licensed 
spectrum.

[[Page 397]]

    (b) A Guard Band Manager may not impose unduly restrictive 
requirements on use of its licensed frequencies, including any 
requirement that is not reasonably related to the efficient management 
of the spectrum licensed to the Guard Band Manager.
    (c) A Guard Band Manager may lease a reasonable amount of its 
spectrum to an affiliate for the affiliate's own internal use or for the 
affiliate's provision of commercial or private radio services. However, 
a Guard Band Manager must lease the predominant amount of its spectrum 
to non-affiliates.



Sec. 27.604  Limitation on licenses won at auction.

    (a) For the first auction of licenses in Blocks A and B, as defined 
in Sec. 27.5, no applicant may be deemed the winning bidder of both a 
Block A and a Block B license in a single geographic service area.
    (b) For purposes of paragraph (a) of this section, licenses will be 
deemed to be won by the same bidder if an entity that wins one license 
at the auction is an affiliate of any other entity that wins a license 
at the auction.



Sec. 27.605  Geographic partitioning and spectrum disaggregation.

    An entity that acquires a portion of a Guard Band Manager's 
geographic area or spectrum subject to a geographic partitioning or 
spectrum disaggregation agreement under Sec. 27.15 must function as a 
Guard Band Manager and is subject to the obligations and restrictions on 
Guard Band Manager licenses set forth in this subpart.



Sec. 27.606  Complaints against Guard Band Managers.

    Guard Band Managers are expected to resolve disputes with their 
customers or disputes between multiple customers of the Guard Band 
Manager in the same manner that the parties would resolve other 
commercial disputes arising out of the spectrum user agreement. The 
Commission will also consider complaints filed against a Guard Band 
Manager for violating the Communications Act or the Commission's 
regulations or policies. When there is a dispute between a Guard Band 
Manager, or its spectrum user, and a non-contracting party, and the 
Guard Band Manager is unable or unwilling to resolve such dispute in a 
timely fashion, the non-contracting party may file a complaint with the 
Commission pursuant to Sec. 1.41 of this chapter.



Sec. 27.607  Performance requirements and annual reporting requirement.

    (a) Guard Band Managers are subject to the performance requirements 
specified in Sec. 27.14(a).
    (b) Guard Band Managers are required to file an annual report 
providing the Commission with information about the manner in which 
their spectrum is being utilized. Such reports shall be filed with the 
Commission on a calendar year basis, no later than the March 1 following 
the close of each calendar year, unless another filing date is specified 
by Public Notice.
    (c) Guard Band Managers must, at a minimum, include the following 
information in their annual reports:
    (1) The total number of spectrum users and the number of those users 
that are affiliates of the Guard Band Manager;
    (2) The amount of the Guard Band Manager's spectrum being used by 
the Guard Band Manager's affiliates in any part of the licensed service 
area;
    (3) The amount of Guard Band Manager's spectrum being used pursuant 
to agreements with unaffiliated third parties;
    (4) The nature of the spectrum use of the Guard Band Manager's 
customers; and
    (5) The length of the term of each spectrum user agreement.
    (d) The specific information that Guard Band Managers will provide 
and the procedures that they will follow in submitting their annual 
reports will be announced in a Public Notice issued by the Wireless 
Telecommunications Bureau.



    Subpart H_Competitive Bidding Procedures for the 698-746 MHz Band

    Source: 67 FR 5512, Feb. 6, 2002, unless otherwise noted.

[[Page 398]]



Sec. 27.701  698-746 MHz bands subject to competitive bidding.

    Mutually exclusive initial applications for licenses in the 698-746 
MHz band are subject to competitive bidding. The general competitive 
bidding procedures set forth in part 1, subpart Q of this chapter will 
apply unless otherwise provided in this subpart.

[67 FR 45374, July 9, 2002]



Sec. 27.702  Designated entities.

    (a) Eligibility for small business provisions. (1) An entrepreneur 
is an entity that, together with its controlling interests and 
affiliates, has average gross revenues not exceeding $3 million for the 
preceding three years. This definition applies only with respect to 
licenses in Block C (710-716 MHz and 740-746 MHz) as specified in Sec. 
27.5(c)(1).
    (2) A very small business is an entity that, together with its 
controlling interests and affiliates, has average gross revenues not 
exceeding $15 million for the preceding three years.
    (3) A small business is an entity that, together with its 
controlling interests and affiliates, has average gross revenues not 
exceeding $40 million for the preceding three years.
    (b) Bidding credits. A winning bidder that qualifies as an 
entrepreneur, as defined in this section, or a consortium of 
entrepreneurs may use the bidding credit specified in Sec. 
1.2110(f)(2)(i) of this chapter. A winning bidder that qualifies as a 
very small business, as defined in this section, or a consortium of very 
small businesses may use the bidding credit specified in Sec. 
1.2110(f)(2)(ii) of this chapter. A winning bidder that qualifies as a 
small business, as defined in this section, or a consortium of small 
businesses may use the bidding credit specified in Sec. 
1.2110(f)(2)(iii) of this chapter.

[67 FR 5512, Feb. 6, 2002, as amended at 68 FR 43000, July 21, 2003]



                         Subpart I_1.4 GHz Band

    Source: 67 FR 41855, June 20, 2002, unless otherwise noted.



Sec. 27.801  Scope.

    This subpart sets out the regulations governing service in the 
paired 1392-1395 MHz and 1432-1435 MHz bands as well as the unpaired 
1390-1392 MHz band (1.4 GHz band).



Sec. 27.802  Permissible communications.

    Licensees in the paired 1392-1395 MHz and 1432-1435 MHz bands and 
unpaired 1390-1392 MHz band are authorized to provide fixed or mobile 
service, except aeronautical mobile service, subject to the technical 
requirements of this subpart.



Sec. 27.803  Coordination requirements.

    (a) Licensees in the 1.4 GHz band will be issued geographic area 
licenses in accordance with the service areas listed in Sec. 27.6(d) 
and (e).
    (b) Licensees in the 1.4 GHz Service must file a separate station 
application with the Commission and obtain an individual station 
license, prior to construction or operation, of any station:
    (1) That requires submission of an Environmental Assessment under 
part 1, Sec. 1.1307 of this chapter;
    (2) That requires international coordination;
    (3) That operates in areas listed in part 1, Sec. 1.924 of this 
chapter; or
    (4) That requires approval of the Frequency Advisory Subcommittee 
(FAS) of the Interdepartment Radio Advisory Committee (IRAC). Stations 
that require FAS approval are as follows:
    (i) Licensees in the 1390-1392 MHz and 1392-1395 MHz band must 
receive FAS approval prior to operation of fixed sites or mobile units 
within the NTIA recommended protection radii of the Government sites 
listed in footnote US351 of Sec. 2.106 of this chapter.
    (ii) Licensees in the 1432-1435 MHz band must receive FAS approval, 
prior to operation of fixed sites or mobile units within the NTIA 
recommended protection radii of the Government sites listed in footnote 
US361 of Sec. 2.106 of this chapter.
    (c) Prior to construction of a station, a licensee in the 1.4 GHz 
Band must register with the Commission any station antenna structure for 
which notification to the Federal Aviation Administration is required by 
part 17 of this chapter.
    (d) It is the licensee's responsibility to determine whether an 
individual

[[Page 399]]

station needs referral to the Commission.
    (e) The application required in paragraph (b) of this chapter must 
be filed on the Universal Licensing System.

[67 FR 41855, June 20, 2002, as amended at 69 FR 17958, Apr. 6, 2004]



Sec. 27.804  Field strength limits at WMTS facility.

    For any operation in the 1392-1395 MHz band, the predicted or 
measured field strength--into the WMTS band at 1395-1400 MHz--shall not 
exceed 150 uV/m at the location of any registered WMTS healthcare 
facility. When performing measurements to determine compliance with this 
provision, measurement instrumentation employing an average detector and 
a resolution bandwidth of 1 MHz may be used, provided it accurately 
represents the true interference potential of the equipment.



Sec. 27.805  Geographic partitioning and spectrum disaggregation.

    An entity that acquires a portion of a 1.4 GHz band licensee's 
geographic area or spectrum subject to a geographic partitioning or 
spectrum disaggregation agreement under Sec. 27.15 must function as a 
1.4 GHz band licensee and is subject to the obligations and restrictions 
on the 1.4 GHz band license as set forth in this subpart.



Sec. 27.806 1.4  GHz service licenses subject to competitive bidding.

    Mutually exclusive initial applications for 1.4 GHz Band licenses in 
the paired 1392-1395 MHz and 1432-1435 MHz bands as well as the unpaired 
1390-1392 MHz band are subject to competitive bidding. The general 
competitive bidding procedures set forth in part 1, subpart Q of this 
chapter will apply unless otherwise provided in this subpart.



Sec. 27.807  Designated entities.

    (a) Eligibility for small business provisions for 1.4 GHz band 
licenses in the paired 1392-1395 MHz and 1432-1435 MHz bands and the 
unpaired 1390-1392 MHz band.
    (1) A very small business is an entity that, together with its 
controlling interests and affiliates, has average annual gross revenues 
not exceeding $15 million for the preceding three years.
    (2) A small business is an entity that, together with its 
controlling interests and affiliates, has average annual gross revenues 
not exceeding $40 million for the preceding three years.
    (b) Bidding credits. A winning bidder that qualifies as a very small 
business, as defined in this section, or a consortium of very small 
businesses may use the bidding credit specified in Sec. 
1.2110(f)(2)(ii) of this chapter. A winning bidder that qualifies as a 
small business, as defined in this section, or a consortium of small 
businesses may use the bidding credit specified in Sec. 
1.2110(f)(2)(iii) of this chapter.

[67 FR 41855, June 20, 2002, as amended at 68 FR 43000, July 21, 2003]



                      Subpart J_1670-1675 MHz Band

    Source: 67 FR 41856, June 20, 2002, unless otherwise noted.



Sec. 27.901  Scope.

    This subpart sets out the regulations governing service in the 1670-
1675 MHz band (1670-1675 MHz band).



Sec. 27.902  Permissible communications.

    Licensees in the 1670-1675 MHz band are authorized to provide fixed 
or mobile service, except aeronautical mobile service, subject to the 
technical requirements of this subpart.



Sec. 27.903  Coordination requirements.

    (a) The licensee in the 1670-1675 MHz band will be issued a 
geographic area license on a nationwide basis in accordance with Sec. 
27.6(f).
    (b) Licensees in the 1670-1675 MHz band must file a separate station 
application with the Commission and obtain an individual station 
license, prior to construction or operation, of any station:
    (1) That requires submission of an Environmental Assessment under 
part 1, Sec. 1.1307 of this chapter;
    (2) That requires international coordination;
    (3) That operates in areas listed under part 1, Sec. 1.924 of this 
chapter.

[[Page 400]]

    (c) The application required in paragraph (b) of this section must 
be filed on the Universal Licensing System.
    (d) Prior to construction of a station, a licensee must register 
with the Commission any station antenna structure for which notification 
to the Federal Aviation Administration is required by part 17 of this 
chapter.
    (e) It is the licensee's responsibility to determine whether an 
individual station requires referral to the Commission.

[67 FR 41856, June 20, 2002, as amended at 69 FR 17958, Apr. 6, 2004]



Sec. 27.904  Geographic partitioning and spectrum disaggregation.

    An entity that acquires a portion of a 1670-1675 MHz band licensee's 
geographic area or spectrum subject to a geographic partitioning or 
spectrum disaggregation agreement under Sec. 27.15 must function as a 
1670-1675 MHz licensee and is subject to the obligations and 
restrictions on the 1670-1675 MHz license as set forth in this subpart.



Sec. 27.905 1670-1675  MHz service licenses subject to competitive bidding.

    Mutually exclusive initial applications for the 1670-1675 MHz Band 
license are subject to competitive bidding. The general competitive 
bidding procedures set forth in part 1, subpart Q of this chapter will 
apply unless otherwise provided in this subpart.



Sec. 27.906  Designated entities.

    (a) Eligibility for small business provisions. (1) A very small 
business is an entity that, together with its controlling interests and 
affiliates, has average annual gross revenues not exceeding $15 million 
for the preceding three years.
    (2) A small business is an entity that, together with its 
controlling interests and affiliates, has average annual gross revenues 
not exceeding $40 million for the preceding three years.
    (b) Bidding credits. A winning bidder that qualifies as a very small 
business, as defined in this section, or a consortium of very small 
businesses may use the bidding credit specified in Sec. 
1.2110(f)(2)(ii) of this chapter. A winning bidder that qualifies as a 
small business, as defined in this section, or a consortium of small 
businesses may use the bidding credit specified in Sec. 
1.2110(f)(2)(iii) of this chapter.

[67 FR 41856, June 20, 2002, as amended at 68 FR 43000, July 21, 2003]



                      Subpart K_2385-2390 MHz Band

    Source: 67 FR 41857, June 20, 2002, unless otherwise noted.



Sec. 27.1001  Scope.

    This subpart sets out the regulations governing service in the 2385-
2390 MHz band (2385-2390 MHz band).



Sec. 27.1002  Permissible communications.

    Licensees in the 2385-2390 MHz band are authorized to provide fixed 
or mobile service, including aeronautical mobile, subject to the 
technical requirements of this subpart.



Sec. 27.1003  Coordination requirements.

    (a) The licensee in the 2385-2390 MHz band will be issued a 
geographic area license on a nationwide basis in accordance with Sec. 
27.6(g).
    (b) The licensee in the 2385-2390 MHz Band must file a separate 
station application with the Commission and obtain an individual station 
license, prior to construction or operation, of any station:
    (1) That requires submission of an Environmental Assessment under 
part 1, Sec. 1.1307 of this chapter;
    (2) That requires international coordination;
    (3) That operates in areas listed in part 1, Sec. 1.924 of this 
chapter;
    (4) That requires approval of the Frequency Advisory Subcommittee 
(FAS) of the Interdepartment Radio Advisory Committee (IRAC). The 
Licensee in the 2385-2390 MHz Band must receive FAS approval prior to 
operation of fixed sites or mobile units within the NTIA recommended 
protection radii of the Government aeronautical telemetry sites listed 
in footnote US363 of Sec. 2.106 of this chapter.
    (c) The licensee in the 2385-2390 MHz Band must file a separate 
station application with the Commission and obtain an individual station 
license prior to

[[Page 401]]

construction or operation of any station that would require approval of 
the Aeronautical Flight Test Radio Coordinating Council (AFTRCC). Any 
fixed sites or mobile units within the protection radii of the non-
Government flight test operations listed in footnote US363 of Sec. 
2.106 of this chapter will require AFTRCC approval. The licensee in the 
2385-2390 MHz Band must receive AFTRCC approval prior to filing an 
application and the application must contain a showing of AFTRCC 
approval.
    (d) Prior to construction of a station, the 2385-2390 MHz licensee 
must register with the Commission any station antenna structure for 
which notification to the Federal Aviation Administration is required by 
part 17 of this chapter.
    (e) It is the licensee's responsibility to determine whether a 
referral to the Commission is needed for any individual station 
constructed.
    (f) The application required in paragraphs (b) and (c) of this 
section must be filed on the Universal Licensing System.

[67 FR 41857, June 20, 2002, as amended at 69 FR 17958, Apr. 6, 2004]



Sec. 27.1004  Geographic partitioning and spectrum disaggregation.

    An entity that acquires a portion of a 2385-2390 MHz licensee's 
geographic area or spectrum subject to a geographic partitioning or 
spectrum disaggregation agreement under Sec. 27.15 must function as a 
2385-2390 MHz licensee and is subject to the obligations and 
restrictions on the 2385-2390 MHz license as set forth in this subpart.



Sec. 27.1005  2385-2390 MHz service licenses subject to competitive bidding.

    Mutually exclusive initial applications for the 2385-2390 MHz Band 
license are subject to competitive bidding. The general competitive 
bidding procedures set forth in part 1, subpart Q of this chapter will 
apply unless otherwise provided in this subpart.



Sec. 27.1006  Designated entities.

    (a) Eligibility for small business provisions.
    (1) A very small business is an entity that, together with its 
controlling interests and affiliates, has average annual gross revenues 
not exceeding $15 million for the preceding three years.
    (2) A small business is an entity that, together with its 
controlling interests and affiliates, has average annual gross revenues 
not exceeding $40 million for the preceding three years.
    (b) Bidding credits. A winning bidder that qualifies as a very small 
business, as defined in this section, or a consortium of very small 
businesses may use the bidding credit specified in Sec. 
1.2110(f)(2)(ii) of this chapter. A winning bidder that qualifies as a 
small business, as defined in this section, or a consortium of small 
businesses may use the bidding credit specified in Sec. 
1.2110(f)(2)(iii) of this chapter.

[67 FR 41857, June 20, 2002, as amended at 68 FR 43000, July 21, 2003]



             Subpart L_1710-1755 MHz and 2110-2155 MHz Bands

    Source: 69 FR 5716, Feb. 6, 2004, unless otherwise noted.

              Licensing and Competitive Bidding Provisions



Sec. 27.1101  1710-1755 MHz and 2110-2155 MHz bands subject to competitive 
bidding.

    Mutually exclusive initial applications for 1710-1755 MHz and 2110-
2155 MHz band licenses are subject to competitive bidding. The general 
competitive bidding procedures set forth in 47 CFR part 1, subpart Q 
will apply unless otherwise provided in this subpart.



Sec. 27.1102  Designated entities.

    (a) Eligibility for small business provisions. (1) A small business 
is an entity that, together with its affiliates, its controlling 
interests and the affiliates of its controlling interests, has average 
gross revenues that are not more than $40 million for the preceding 
three years.
    (2) A very small business is an entity that, together with its 
affiliates, its controlling interests and the affiliates of its 
controlling interests, has average gross revenues that are not more than 
$15 million for the preceding three years.

[[Page 402]]

    (b) Bidding credits. (1) A winning bidder that qualifies as a small 
business, as defined in this section, or a consortium of small 
businesses may use a bidding credit of 15 percent, as specified in Sec. 
1.2110(f)(2)(iii) of this chapter, to lower the cost of its winning bid 
on any of the licenses in this part.
    (2) A winning bidder that qualifies as a very small business, as 
defined in this section, or a consortium of very small businesses may 
use a bidding credit of 25 percent, as specified in Sec. 
1.2110(f)(2)(ii) of this chapter, to lower the cost of its winning bid 
on any of the licenses in this part.

                        Relocation of Incumbents



Sec. 27.1111  Relocation of fixed microwave service licensees in the 
2110-2150 MHz band.

    Part 101, subpart B of this chapter contains provisions governing 
the relocation of incumbent fixed microwave service licensees in the 
2110-2150 MHz band.

                   Protection of Incumbent Operations



Sec. 27.1131  Protection of Part 101 operations.

    All AWS licensees, prior to initiating operations from any base or 
fixed station, must coordinate their frequency usage with co-channel and 
adjacent channel incumbent, Part 101 fixed-point-to-point microwave 
licensees operating in the 2110-2155 MHz band. Coordination shall be 
conducted in accordance with the provisions of Sec. 24.237 of this 
chapter.



Sec. 27.1132  Protection of Part 21 operations.

    All AWS licensees, prior to initiating operations from any base or 
fixed station, must coordinate their frequency usage with co-channel and 
adjacent channel incumbent Part 21 MDS licensees operating in the 2150-
2155 MHz band. In the event that AWS and MDS licensees cannot reach 
agreement in coordinating their facilities, either licensee may seek the 
assistance of the Commission, and the Commission may then, at its 
discretion, impose requirements on either or both parties.



Sec. 27.1133  Protection of Part 74 and Part 78 operations.

    AWS operators must protect previously licensed Broadcast Auxiliary 
Service (BAS) or Cable Television Radio Service (CARS) operations in the 
adjacent 2025-2110 MHz band. In satisfying this requirement AWS 
licensees must, before constructing and operating any base or fixed 
station, determine the location and licensee of all BAS or CARS stations 
authorized in their area of operation, and coordinate their planned 
stations with those licensees. In the event that mutually satisfactory 
coordination agreements cannot be reached, licensees may seek the 
assistance of the Commission, and the Commission may, at its discretion, 
impose requirements on one or both parties.



Sec. 27.1134  Protection of Federal Government operations.

    (a) Protection of Department of Defense operations in the 1710-1755 
MHz band. The Department of Defense (DoD) operates communications 
systems in the 1710-1755 MHz band at 16 protected facilities, 
nationwide. AWS licensees must accept any interference received from 
these facilities and must protect the facilities from interference. AWS 
licensees shall protect the facilities from interference by restricting 
the operation of their base and fixed stations from any locations that 
could potentially permit AWS mobile, fixed, and portable stations 
transmitting in the 1710-1755 MHz band to cause interference to 
government operations within the radii of operation of the 16 facilities 
(the radii of operation of each facility is indicated in the third 
column of Table 1 immediately following paragraph (a)(3) of this 
section). In addition, AWS licensees shall be required to coordinate any 
operations that could permit mobile, fixed, and portable stations to 
operate in the specified areas of the 16 facilities, as defined in 
paragraph (a)(3) of this section. Protection of these facilities in this 
manner shall take place under the following conditions:
    (1) At the Yuma, Arizona and Cherry Point, North Carolina 
facilities, all operations shall be protected indefinitely.

[[Page 403]]

    (2) At the remaining 14 facilities, airborne and military test range 
operations shall be protected until such time as these systems are 
relocated to other spectrum, and precision guided munitions (PGM) 
operations shall be protected until such time as these systems are 
relocated to other spectrum or until PGM inventory at each facility is 
exhausted, whichever occurs first.
    (3) AWS licensees whose transmit operations in the 1710-1755 MHz 
band consist of fixed or mobile operations with nominal transmit EIRP 
values of 100 mW or less and antenna heights of 1.6 meters above ground 
or less shall coordinate their services around the 16 sites at the 
distance specified in row a. of Table 2. AWS licensees whose transmit 
operations in the 1710-1755 MHz band consist of fixed or mobile 
operations with nominal transmit EIRP values of 1 W or less and antenna 
heights of 10 meters above ground or less shall coordinate their 
services around the 16 sites at the distance specified in row b. of 
Table 2. These coordination distances shall be measured from the edge of 
the operational distances indicated in the third column of Table 1, and 
coordination with each affected DoD facility shall be accomplished 
through the Commander of the facility.

          Table 1.--Protected Department of Defense Facilities
------------------------------------------------------------------------
                                                              Radius of
           Location                     Coordinates           operation
------------------------------------------------------------------------
Cherry Point, NC.............  34[deg]58[min] N                      100
                                076[deg]56[min] W
Yuma, AZ.....................  32[deg]32[min] N                      120
                                113[deg]58[min] W
China Lake, CA...............  35[deg]41[min] N                      120
                                117[deg]41[min] W
Eglin AFB, FL................  30[deg]29[min] N                      120
                                086[deg]31[min] W
Pacific Missile Test Range/    34[deg]07[min] N                       80
 Point Mugu, CA.                119[deg]30[min] W
Nellis AFB, NV...............  36[deg]14[min] N                      160
                                115[deg]02[min] W
Hill AFB, UT.................  41[deg]07[min] N                      160
                                111[deg]58[min] W
Patuxent River, MD...........  38[deg]17[min] N                       80
                                076[deg]25[min] W
White Sands Missile Range, NM  33[deg]00[min] N                       80
                                106[deg]30[min] W
Fort Irwin, CA...............  35[deg]16[min] N                       50
                                116[deg]41[min] W
Fort Rucker, AL..............  31[deg]13[min] N                       50
                                085[deg]49[min] W
Fort Bragg, NC...............  35[deg]09[min] N                       50
                                079[deg]01[min] W
Fort Campbell, KY............  36[deg]41[min] N                       50
                                087[deg]28[min] W
Fort Lewis, WA...............  47[deg]05[min] N                       50
                                122[deg]36[min] W
Fort Benning, GA.............  32[deg]22[min] N                       50
                                084[deg]56[min] W
Fort Stewart, GA.............  31[deg]52[min] N                       50
                                081[deg]37[min] W
------------------------------------------------------------------------


Table 2.--Coordination Distances for the Protected Department Of Defense
                               Facilities
------------------------------------------------------------------------
                                                           Coordination
           1710-1755 MHz transmit operations              distance  (km)
------------------------------------------------------------------------
a. EIRP <=100 mW, antenna height <=1.6 m AG............               35
b. EIRP <=1 W, antenna height <=10 m AG................               55
------------------------------------------------------------------------

    (b) Protection of non-DoD operations in the 1710-1755 MHz and 1755-
1761 MHz bands. Until such time as non-DoD systems operating in the 
1710-1755 MHz and 1755-1761 MHz bands are relocated to other spectrum, 
AWS licensees shall protect such systems by satisfying the appropriate 
provisions of TIA Telecommunications Systems Bulletin 10-F, 
``Interference Criteria for Microwave Systems,'' May, 1994 (TSB 10-F).
    (c) Protection of Federal Government operations below 1710 MHz. AWS 
licensees operating fixed stations in the 1710-1755 MHz band, if 
notified that such stations are causing interference to radiosonde 
receivers operating in the Meteorological Aids Service in the 1675-1700 
MHz band or a meteorological-satellite earth receiver operating in the 
Meteorological-Satellite Service in the 1675-1710 MHz band, shall be 
required to modify the stations' location and/or technical parameters as 
necessary to eliminate the interference.
    (d) Recognition of NASA Goldstone facility operations in the 2110-
2120 MHz band. The National Aeronautics and Space Administration (NASA) 
operates the Deep Space Network (DSN) in the

[[Page 404]]

2110-2120 MHz band at Goldstone, California (see Table 3). NASA will 
continue its operations of high power transmitters (nominal EIRP of 
105.5 dBW with EIRP up to 119.5 dBW used under emergency conditions) in 
this band at this location. AWS licensees must accept any interference 
received from the Goldstone DSN facility in this band.

                          Table 3.--Location of the NASA Goldstone Deep Space Facility
----------------------------------------------------------------------------------------------------------------
                                                                                    Maximum  transmitter  output
                Location                                 Coordinates                            power
----------------------------------------------------------------------------------------------------------------
Goldstone, California...................  35[deg]18[min] N 116[deg]54[min] W        500 kW
----------------------------------------------------------------------------------------------------------------



Sec. 27.1135  Protection of non-Federal Government Meteorological-Satellite 
operations.

    AWS licensees operating fixed stations in the 1710-1755 MHz band, if 
notified that such stations are causing interference to meteorological-
satellite earth receivers operating in the Meteorological-Satellite 
Service in the 1675-1710 MHz band, shall be required to modify the 
stations' location and/or technical parameters as necessary to eliminate 
the interference.



PART 32_UNIFORM SYSTEM OF ACCOUNTS FOR TELECOMMUNICATIONS COMPANIES--Table 
of Contents




                            Subpart A_Preface

Sec.
32.1 Background.
32.2 Basis of the accounts.
32.3 Authority.
32.4 Communications Act.

                     Subpart B_General Instructions

32.11 Classification of companies.
32.12 Records.
32.13 Accounts--general.
32.14 Regulated accounts.
32.15 [Reserved]
32.16 Changes in accounting standards.
32.17 Interpretation of accounts.
32.18 Waivers.
32.19 Address for reports and correspondence.
32.20 Numbering convention.
32.21 Sequence of accounts.
32.22 Comprehensive interperiod tax allocation.
32.23 Nonregulated activities.
32.24 Compensated absences.
32.25 Unusual items and contingent liabilities.
32.26 Materiality.
32.27 Transactions with affiliates.

            Subpart C_Instructions for Balance Sheet Accounts

32.101 Structure of the balance sheet accounts.
32.102 Nonregulated investments.
32.103 Balance sheet accounts for other than regulated-fixed assets to 
          be maintained.
32.1120 Cash and equivalents.
32.1170 Receivables.
32.1171 Allowance for doubtful accounts.
32.1191 Accounts receivable allowance--other.
32.1220 Inventories.
32.1280 Prepayments.
32.1350 Other current assets.
32.1406 Nonregulated investments.
32.1410 Other noncurrent assets.
32.1438 Deferred maintenance and retirements.
32.1500 Other jurisdictional assets--net.
32.2000 Instructions for telecommunications plant accounts.
32.2001 Telecommunications plant in service.
32.2002 Property held for future telecommunications use.
32.2003 Telecommunications plant under construction.
32.2005 Telecommunications plant adjustment.
32.2006 Nonoperating plant.
32.2007 Goodwill.
32.2110 Land and support assets.
32.2111 Land.
32.2112 Motor vehicles.
32.2113 Aircraft.
32.2114 Tools and other work equipment.
32.2121 Buildings.
32.2122 Furniture.
32.2123 Office equipment.
32.2124 General purpose computers.
32.2210 Central office--switching.
32.2211 Non-digital switching.
32.2212 Digital electronic switching.
32.2220 Operator systems.
32.2230 Central office--transmission.
32.2231 Radio systems.
32.2232 Circuit equipment.
32.2310 Information origination/termination.
32.2311 Station apparatus.

[[Page 405]]

32.2321 Customer premises wiring.
32.2341 Large private branch exchanges.
32.2351 Public telephone terminal equipment.
32.2362 Other terminal equipment.
32.2410 Cable and wire facilities.
32.2411 Poles.
32.2421 Aerial cable.
32.2422 Underground cable.
32.2423 Buried cable.
32.2424 Submarine & deep sea cable.
32.2426 Intrabuilding network cable.
32.2431 Aerial wire.
32.2441 Conduit systems.
32.2680 Amortizable tangible assets.
32.2681 Capital leases.
32.2682 Leasehold improvements.
32.2690 Intangibles.
32.3000 Instructions for balance sheet accounts--Depreciation and 
          amortization.
32.3100 Accumulated depreciation.
32.3200 Accumulated depreciation--held for future telecommunications 
          use.
32.3300 Accumulated depreciation--nonoperating.
32.3400 Accumulated amortization--tangible.
32.3410 Accumulated amortization--capitalized leases.
32.3999 Instructions for balance sheet accounts--liabilities and 
          stockholders' equity.
32.4000 Current accounts and notes payable.
32.4040 Customers' deposits.
32.4070 Income taxes--accrued.
32.4080 Other taxes--accrued.
32.4100 Net current deferred operating income taxes.
32.4110 Net current deferred nonoperating income taxes.
32.4130 Other current liabilities.
32.4200 Long term debt and funded debt.
32.4300 Other long-term liabilities and deferred credits.
32.4320 Unamortized operating investment tax credits--net.
32.4330 Unamortized nonoperating investment tax credits--net.
32.4340 Net noncurrent deferred operating income taxes.
32.4341 Net deferred tax liability adjustments.
32.4350 Net noncurrent deferred nonoperating income taxes.
32.4361 Deferred tax regulatory adjustments--net.
32.4370 Other jurisdictional liabilities and deferred credits--net.
32.4510 Capital stock.
32.4520 Additional paid-in capital.
32.4530 Treasury stock.
32.4540 Other capital.
32.4550 Retained earnings.

               Subpart D_Instructions for Revenue Accounts

32.4999 General.
32.5000 Basic local service revenue.
32.5001 Basic area revenue.
32.5002 Optional extended area revenue.
32.5003 Cellular mobile revenue.
32.5040 Private line revenue.
32.5060 Other basic area revenue.
32.5081 End user revenue.
32.5082 Switched access revenue.
32.5083 Special access revenue.
32.5100 Long distance message revenue.
32.5200 Miscellaneous revenue.
32.5230 Directory revenue.
32.5280 Nonregulated operating revenue.
32.5300 Uncollectible revenue.

               Subpart E_Instructions for Expense Accounts

32.5999 General.
32.6110 Network support expenses.
32.6112 Motor vehicle expense.
32.6113 Aircraft expense.
32.6114 Tools and other work equipment expense.
32.6120 General support expenses.
32.6121 Land and building expense.
32.6122 Furniture and artworks expense.
32.6123 Office equipment expense.
32.6124 General purpose computers expense.
32.6210 Central office switching expenses.
32.6211 Non-digital switching expense.
32.6212 Digital electronic switching expense.
32.6220 Operator systems expense.
32.6230 Central office transmission expense.
32.6231 Radio systems expense.
32.6232 Circuit equipment expense.
32.6310 Information origination/termination expenses.
32.6311 Station apparatus expense.
32.6341 Large private branch exchange expense.
32.6351 Public telephone terminal equipment expense.
32.6362 Other terminal equipment expense.
32.6410 Cable and wire facilities expenses.
32.6411 Poles expense.
32.6421 Aerial cable expense.
32.6422 Underground cable expense.
32.6423 Buried cable expense.
32.6424 Submarine and deep sea cable expense.
32.6426 Intrabuilding network cable expense.
32.6431 Aerial wire expense.
32.6441 Conduit systems expense.
32.6510 Other property, plant and equipment expenses.
32.6511 Property held for future telecommunications use expense.
32.6512 Provisioning expense.
32.6530 Network operations expenses.
32.6531 Power expense.
32.6532 Network administration expense.
32.6533 Testing expense.

[[Page 406]]

32.6534 Plant operations administration expense.
32.6535 Engineering expense.
32.6540 Access expense.
32.6560 Depreciation and amortization expenses.
32.6561 Depreciation expense--telecommunications plant in service.
32.6562 Depreciation expense--property held for future 
          telecommunications use.
32.6563 Amortization expense--tangible.
32.6564 Amortization expense--intangible.
32.6565 Amortization expense--other.
32.6610 Marketing.
32.6611 Product management and sales.
32.6613 Product advertising.
32.6620 Services.
32.6621 Call completion services.
32.6622 Number services.
32.6623 Customer services.
32.6720 General and administrative.
32.6790 Provision for uncollectible notes receivable.

            Subpart F_Instructions for Other Income Accounts

32.6999 General.
32.7100 Other operating income and expenses.
32.7199 Content of accounts.
32.7200 Operating taxes.
32.7210 Operating investment tax credits--net.
32.7220 Operating Federal income taxes.
32.7230 Operating state and local income taxes.
32.7240 Operating other taxes.
32.7250 Provision for deferred operating income taxes--net.
32.7300 Nonoperating income and expense.
32.7400 Nonoperating taxes.
32.7500 Interest and related items.
32.7600 Extraordinary items.
32.7899 Content of accounts.
32.7910 Income effect of jurisdictional ratemaking differences--net.
32.7990 Nonregulated net income.

                           Subpart G_Glossary

32.9000 Glossary of terms.

    Authority: 47 U.S.C. 154(i), 154(j) and 220 as amended, unless 
otherwise noted..

    Source: 51 FR 43499, Dec. 2, 1986, unless otherwise noted.



                            Subpart A_Preface



Sec. 32.1  Background.

    The revised Uniform System of Accounts (USOA) is a historical 
financial accounting system which reports the results of operational and 
financial events in a manner which enables both management and 
regulators to assess these results within a specified accounting period. 
The USOA also provides the financial community and others with financial 
performance results. In order for an accounting system to fulfill these 
purposes, it must exhibit consistency and stability in financial 
reporting (including the results published for regulatory purposes). 
Accordingly, the USOA has been designed to reflect stable, recurring 
financial data based to the extent regulatory considerations permit upon 
the consistency of the well established body of accounting theories and 
principles commonly referred to as generally accepted accounting 
principles.



Sec. 32.2  Basis of the accounts.

    (a) The financial accounts of a company are used to record, in 
monetary terms, the basic transactions which occur. Certain natural 
groupings of these transactions are called (in different contexts) 
transaction cycles, business processes, functions or activities. The 
concept, however, is the same in each case; i.e., the natural groupings 
represent what happens within the company on a consistent and continuing 
basis. This repetitive nature of the natural groupings, over long 
periods of time, lends an element of stability to the financial account 
structure.
    (b) Within the telecommunications industry companies, certain 
recurring functions (natural groupings) do take place in the course of 
providing products and services to customers. These accounts reflect, to 
the extent feasible, those functions. For example, the primary bases of 
the accounts containing the investment in telecommunications plant are 
the functions performed by the assets. In addition, because of the 
anticipated effects of future innovations, the telecommunications plant 
accounts are intended to permit technological distinctions. Similarly, 
the primary bases of plant operations, customer operations and corporate 
operations expense accounts are the functions performed by individuals. 
The revenue accounts, on the other hand, reflect a market perspective of 
natural groupings based primarily upon the

[[Page 407]]

products and services purchased by customers.
    (c) In the course of developing the bases for this account 
structure, several other alternatives were explored. It was, for 
example, determined that, because of the variety and continual changing 
of various cost allocation mechanisms, the financial accounts of a 
company should not reflect an a priori allocation of revenues, 
investments or expenses to products or services, jurisdictions or 
organizational structures. (Note also Sec. 32.14 (c) and (d) of subpart 
B.) It was also determined that costs (in the case of assets) should not 
be recorded based solely upon physical attributes such as location, 
description or size.
    (d) Care has been taken in this account structure to avoid confusing 
a function with an organizational responsibility, particularly as it 
relates to the expense accounts. Whereas in the past, specific 
organizations may have performed specific functions, the future 
environment with its increasing mechanization and other changes will 
result in entirely new or restructured organizations. Thus, any 
relationships drawn between organizations and accounts would become 
increasingly meaningless with the passage of time.
    (e) These accounts, then, are intended to reflect a functional and 
technological view of the telecommunications industry. This view will 
provide a stable and consistent foundation for the recording of 
financial data.
    (f) The financial data contained in the accounts, together with the 
detailed information contained in the underlying financial and other 
subsidiary records required by this Commission, will provide the 
information necessary to support separations, cost of service and 
management reporting requirements. The basic account structure has been 
designed to remain stable as reporting requirements change.



Sec. 32.3  Authority.

    This Uniform System of Accounts has been prepared under the 
following authority: Section 4 of the Communications Act of 1934, as 
amended, 47 U.S.C. section 154 (1984); sections 219, 220 of the 
Communications Act of 1934, as amended, 47 U.S.C. sections 219, 220, 
(1984).



Sec. 32.4  Communications Act.

    Attention is directed to the following extract from section 220 of 
the Communications Act of 1934, 47 U.S.C. 220 (1984):

    (e) Any person who shall willfully make any false entry in the 
accounts of any book of accounts or in any record or memoranda kept by 
any such carrier, or who shall willfully destroy, mutilate, alter, or by 
any other means or device falsify any such account, record, or 
memoranda, or who shall willfully neglect or fail to make full, true, 
and correct entries in such accounts, records, or memoranda of all facts 
and transactions appertaining to the business of the carrier, shall be 
deemed guilty of a misdemeanor, and shall be subject, upon conviction, 
to a fine of not less than $1,000 nor more than $5,000 or imprisonment 
for a term of not less than one year nor more than three years, or both 
such fine and imprisonment: Provided, that the Commission may in its 
discretion issue orders specifying such operating, accounting or 
financial papers, records, books, blanks, or documents which may, after 
a reasonable time, be destroyed, and prescribing the length of time such 
books, papers, or documents shall be preserved.


For regulations governing the periods for which records are to be 
retained, see part 42, Preservation of Records of Communications Common 
Carriers, of this chapter which relates to preservation of records.



                     Subpart B_General Instructions



Sec. 32.11  Classification of companies.

    (a) For purposes of this section, the term ``company'' or 
``companies'' means incumbent local exchange carrier(s) as defined in 
section 251(h) of the Communications Act, and any other carriers that 
the Commission designates by Order.
    (b) For accounting purposes, companies are divided into classes as 
follows:
    (1) Class A. Companies having annual revenues from regulated 
telecommunications operations that are equal to or above the indexed 
revenue threshold.
    (2) Class B. Companies having annual revenues from regulated 
telecommunications operations that are less than the indexed revenue 
threshold.

[[Page 408]]

    (c) Class A companies, except mid-sized incumbent local exchange 
carriers, as defined by Sec. 32.9000, shall keep all the accounts of 
this system of accounts which are applicable to their affairs and are 
designated as Class A accounts. Class A companies, which include mid-
sized incumbent local exchange carriers, shall keep Basic Property 
Records in compliance with the requirements of Sec. Sec. 32.2000(e) and 
(f).
    (d) Class B companies and mid-sized incumbent local exchange 
carriers, as defined by Sec. 32.9000, shall keep all accounts of this 
system of accounts which are applicable to their affairs and are 
designated as Class B accounts. Mid-sized incumbent local exchange 
carriers shall also maintain subsidiary record categories necessary to 
provide the pole attachment data currently provided in the Class A 
accounts. Class B companies shall keep Continuing Property Records in 
compliance with the requirements of Sec. Sec. 32.2000(e)(7)(i)(A) and 
32.2000(f).
    (e) Class B companies and mid-sized incumbent local exchange 
carriers, as defined by Sec. 32.9000 of this part, that desire more 
detailed accounting may adopt the accounts prescribed for Class A 
companies upon the submission of a written notification to the 
Commission.
    (f) The classification of a company shall be determined at the start 
of the calendar year following the first time its annual operating 
revenue from regulated telecommunications operations equals, exceeds, or 
falls below the indexed revenue threshold.

[67 FR 5679, Feb. 6, 2002]

    Effective Date Note: At 69 FR 53648, Sept. 2, 2004, Sec. 32.11 was 
amended by revising paragraph (a), effective Mar. 2, 2005. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 32.11  Classification of companies.

    (a) For purposes of this section, the term ``company'' or 
``companies'' means incumbent local exchange carrier(s) as defined in 
section 251(h) of the Communications Act, and any other carriers that 
the Commission designates by Order. Incumbent local exchange carriers' 
successor or assign companies, as defined in section 251(h)(1)(B)(ii) of 
the Communications Act, that are found to be non-dominant by the 
Commission, will not be subject to this Uniform System of Accounts.

                                * * * * *



Sec. 32.12  Records.

    (a) The company's financial records shall be kept in accordance with 
generally accepted accounting principles to the extent permitted by this 
system of accounts.
    (b) The company's financial records shall be kept with sufficient 
particularity to show fully the facts pertaining to all entries in these 
accounts. The detail records shall be filed in such manner as to be 
readily accessible for examination by representatives of this 
Commission.
    (c) The Commission shall require a company to maintain financial and 
other subsidiary records in such a manner that specific information, of 
a type not warranting disclosure as an account or subaccount, will be 
readily available. When this occurs, or where the full information is 
not otherwise recorded in the general books, the subsidiary records 
shall be maintained in sufficient detail to facilitate the reporting of 
the required specific information. The subsidiary records, in which the 
full details are shown, shall be sufficiently referenced to permit ready 
identification and examination by representatives of this Commission.



Sec. 32.13  Accounts--general.

    (a) As a general rule, all accounts kept by reporting companies 
shall conform in numbers and titles to those prescribed herein. However, 
reporting companies may use different numbers for internal purposes when 
separate accounts (or subaccounts) maintained are consistent with the 
title and content of accounts and subaccounts prescribed in this system.
    (1) A company may subdivide any of the accounts prescribed. The 
titles of all such subaccounts shall refer by number or title to the 
controlling account.
    (2) A company may establish temporary or experimental accounts 
without prior notice to the Commission.
    (b) Exercise of the preceding options shall be allowed only if the 
integrity of

[[Page 409]]

the prescribed accounts is not impaired.
    (c) As of the date a company becomes subject to the system of 
accounts, the company is authorized to make any such subdivisions, 
reclassifications or consolidations of existing balances as are 
necessary to meet the requirements of this system of accounts.
    (d) Nothing contained in this part shall prohibit or excuse any 
company, receiver, or operating trustee of any carrier from subdividing 
the accounts hereby prescribed for the purpose of:
    (1) Complying with the requirements of the state commission(s) 
having jurisdiction; or
    (2) Securing the information required in the prescribed reports to 
such commission(s).
    (e) Where the use of subsidiary records is considered necessary in 
order to secure the information required in reports to any state 
commission, the company shall incorporate the following controls into 
their accounting system with respect to such subsidiary records:
    (1) Subsidiary records shall be reconciled to the company's general 
ledger or books of original entry, as appropriate.
    (2) The company shall adequately document the accounting procedures 
related to subsidiary records.
    (3) The subsidiary records shall be maintained at an adequate level 
of detail to satisfy state regulators.

[51 FR 43499, Dec. 2, 1986, as amended at 65 FR 16334, Mar. 28, 2000; 67 
FR 5679, Feb. 6, 2002]



Sec. 32.14  Regulated accounts.

    (a) In the context of this part, the regulated accounts shall be 
interpreted to include the investments, revenues and expenses associated 
with those telecommunications products and services to which the tariff 
filing requirements contained in Title II of the Communications Act of 
1934, as amended, are applied, except as may be otherwise provided by 
the Commission. Regulated telecommunications products and services are 
thereby fully subject to the accounting requirements as specified in 
Title II of the Communications Act of 1934, as amended, and as detailed 
in subparts A through F of this part of the Commission's Rules and 
Regulations.
    (b) In addition to those amounts considered to be regulated by the 
provisions of paragraph (a) of this section, those telecommunications 
products and services to which the tariff filing requirements of the 
several state jurisdictions are applied shall be accounted for as 
regulated, except where such treatment is proscribed or otherwise 
excluded from the requirements pertaining to regulated 
telecommunications products and services by this Commission.
    (c) In the application of detailed accounting requirements contained 
in this part, when a regulated activity involves the common or joint use 
of assets and resources in the provision of regulated and nonregulated 
products and services, companies shall account for these activities 
within the accounts prescribed in this system for telephone company 
operations. Assets and expenses shall be subdivided in subsidiary 
records among amounts solely assignable to nonregulated activities, 
amounts solely assignable to regulated activities, and amounts related 
to assets used and expenses incurred jointly or in common, which will be 
allocated between regulated and nonregulated activities. Companies shall 
submit reports identifying regulated and nonregulated amounts in the 
manner and at the times prescribed by this Commission. Nonregulated 
revenue items not qualifying for incidental treatment, as provided in 
Sec. 32.4999(l), shall be recorded in Account 5280, Nonregulated 
operating revenue.
    (d) Other income items which are incidental to the provision of 
regulated products and services shall be accounted for as regulated 
activities.
    (e) All costs and revenues related to the offering of regulated 
products and services which result from arrangements for joint 
participation or apportionment between two or more telephone companies 
(e.g., joint operating agreements, settlement agreements, cost-pooling 
agreements) shall be recorded within the detailed accounts. Under joint 
operating agreements, the creditor will initially charge the entire 
expenses to the appropriate primary

[[Page 410]]

accounts. The proportion of such expenses borne by the debtor shall be 
credited by the creditor and charged by the debtor to the account 
initially charged. Any allowances for return on property used will be 
accounted for as provided in Account 5200, Miscellaneous revenue.
    (f) All items of nonregulated revenue, investment and expense that 
are not properly includible in the detailed, regulated accounts 
prescribed in subparts A through F of this part, as determined by 
paragraphs (a) through (e) of this section shall be accounted for and 
included in reports to this Commission as specified in Sec. 32.23 of 
this subpart.

[51 FR 43499, Dec. 2, 1986, as amended at 52 FR 6560, Mar. 4, 1987; 53 
FR 49321, Dec. 7, 1988; 67 FR 5679, Feb. 6, 2002]



Sec. 32.15  [Reserved]



Sec. 32.16  Changes in accounting standards.

    (a) The company's records and accounts shall be adjusted to apply 
new accounting standards prescribed by the Financial Accounting 
Standards Board or successor authoritative accounting standard-setting 
groups, in a manner consistent with generally accepted accounting 
principles. The change in an accounting standard will automatically take 
effect 90 days after the company informs this Commission of its 
intention to follow the new standard, unless the Commission notifies the 
company to the contrary. Any change adopted shall be disclosed in annual 
reports required by Sec. 43.21(f) of this chapter in the year of 
adoption.
    (b) The changes in accounting standards which this Commission 
approves will not necessarily be binding on the ratemaking practices of 
the various state commissions.

[51 FR 43499, Dec. 2, 1986, as amended at 64 FR 50007, Sept. 15, 1999; 
67 FR 5679, Feb. 6, 2002]



Sec. 32.17  Interpretation of accounts.

    To the end that uniform accounting shall be maintained within the 
prescribed system, questions involving significant matters which are not 
clearly provided for shall be submitted to the Chief, Wireline 
Competition Bureau, for explanation, interpretation, or resolution. 
Questions and answers thereto with respect to this system of accounts 
will be maintained by the Wireline Competition Bureau.

[67 FR 13225, Mar. 21, 2002]



Sec. 32.18  Waivers.

    A waiver from any provision of this system of accounts shall be made 
by the Federal Communications Commission upon its own initiative or upon 
the submission of written request therefor from any telecommunications 
company, or group of telecommunications companies, provided that such a 
waiver is in the public interest and each request for waiver expressly 
demonstrates that: existing peculiarities or unusual circumstances 
warrant a departure from a prescribed procedure or technique; a 
specifically defined alternative procedure or technique will result in a 
substantially equivalent or more accurate portrayal of operating results 
or financial condition, consistent with the principles embodied in the 
provisions of this system of accounts; and the application of such 
alternative procedure will maintain or improve uniformity in substantive 
results as among telecommunications companies.



Sec. 32.19  Address for reports and correspondence.

    Reports, statements, and correspondence submitted to the Federal 
Communications Commission in accordance with or relating to instructions 
and requirements contained herein shall be addressed to the Wireless 
Competition Bureau, Federal Communications Commission, Washington, DC 
20554.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 13225, Mar. 21, 2002]



Sec. 32.20  Numbering convention.

    (a) The number ``32'' (appearing to the left of the first decimal 
point) indicates the part number.
    (b) The numbers immediately following to the right of the decimal 
point indicate, respectively, the section or account. All Part 32 
Account numbers contain 4 digits to-the-right-of the decimal point.
    (c) Cross references to accounts are made by citing the account 
numbers to

[[Page 411]]

the right of the decimal point; e.g., Account 2232 rather than the 
corresponding complete part 32 reference number 32.2232.



Sec. 32.21  Sequence of accounts.

    The order in which the accounts are presented in this system of 
accounts is not to be considered as necessarily indicative of the order 
in which they will be scheduled at all times in reports to this 
Commission.



Sec. 32.22  Comprehensive interperiod tax allocation.

    (a) Companies shall apply interperiod tax allocation (tax 
normalization) to all book/tax temporary differences which would be 
considered material for published financial report purposes. 
Furthermore, companies shall also apply interperiod tax allocation if 
any item or group of similar items when aggregated would yield debit or 
credit entries which exceed or would exceed 5 percent of the gross 
deferred income tax expense debits or credits during any calendar year 
over the life of the temporary difference. The tax effects of book/tax 
temporary differences shall be normalized and the deferrals shall be 
included in the following accounts:

4100, Net Current Deferred Operating Income Taxes;
4110, Net Current Deferred Nonoperating Income Taxes;
4340, Net Noncurrent Deferred Operating Income Taxes;
4350, Net Noncurrent Deferred Nonoperating Income Taxes.

    In lieu of the accounting prescribed herein, any company shall treat 
the increase or reduction in current income taxes payable resulting from 
the use of flow through accounting in prior years as an increase or 
reduction in current tax expense.
    (b) Supporting documentation shall be maintained so as to separately 
identify the amount of deferred taxes which arise from the use of an 
accelerated method of depreciation.
    (c) Subsidiary records shall be used to reduce the deferred tax 
assets contained in the accounts specified in paragraph (a) of this 
section when it is likely that some portion or all of the deferred tax 
asset will not be realized. The amount recorded in the subsidiary record 
should be sufficient to reduce the deferred tax asset to the amount that 
is likely to be realized.
    (d) The records supporting the activity in the deferred income tax 
accounts shall be maintained in sufficient detail to identify the nature 
of the specific temporary differences giving rise to both the debits and 
credits to the individual accounts.
    (e) Any company that uses accelerated depreciation (or recognizes 
taxable income or losses upon the retirement of property) for income tax 
purposes shall normalize the tax differentials occasioned thereby as 
indicated in paragraphs (e)(1) and (e)(2) of this section.
    (1) With respect to the retirement of property the book/tax 
difference between (i) the recognition of proceeds as income and the 
accrual for salvage value and (ii) the book and tax capital recovery, 
shall be normalized.
    (2) Records shall be maintained so as to show the deferred tax 
amounts by vintage year separately for each class or subclass of 
eligible depreciable telephone plant for which an accelerated method of 
depreciation has been used for income tax purposes. When property is 
transferred to nonregulated activities, the associated deferred income 
taxes and unamortized investment tax credits shall also be identified 
and transferred to the appropriate nonregulated accounts.
    (f) The tax differentials to be normalized as specified in this 
section shall also encompass the additional effect of state and local 
income tax changes on Federal income taxes produced by the provision for 
deferred state and local income taxes for book/tax temporary differences 
related to such income taxes.
    (g) Companies that receive the tax benefits from the filing of a 
consolidated income tax return by the parent company, (pursuant to 
closing agreements with the Internal Revenue Service, effective January 
1, 1966) representing the deferred income taxes from the elimination of 
intercompany profits for income tax purposes on sales of regulated 
equipment, may credit such deferred taxes directly to the plant account 
which contains such

[[Page 412]]

intercompany profit rather than crediting such deferred taxes to the 
applicable accounts in paragraph (a) of this section. If the deferred 
income taxes are recorded as a reduction of the appropriate plant 
accounts, such reduction shall be treated as reducing the original cost 
of the plant and accounted for as such.

[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 9418, Feb. 28, 1994]



Sec. 32.23  Nonregulated activities.

    (a) This section describes the accounting treatment of activities 
classified for accounting purposes as ``nonregulated.'' Preemptively 
deregulated activities and activities (other than incidental activities) 
never subject to regulation will be classified for accounting purposes 
as ``nonregulated.'' Activities that qualify for incidental treatment 
under the policies of this Commission will be classified for accounting 
purposes as regulated activities. Activities that have been deregulated 
by a state will be classified for accounting purposes as regulated 
activities. Activities that have been deregulated at the interstate 
level, but not preemptively deregulated, will be classified for 
accounting purposes as regulated activities until such time as this 
Commission decides otherwise. The treatment of nonregulated activities 
shall differ depending on the extent of the common or joint use of 
assets and resources in the provision of both regulated and nonregulated 
products and services.
    (b) When a nonregulated activity does not involve the joint or 
common use of assets and resources in the provision of both regulated 
and nonregulated products and services, carriers shall account for these 
activities on a separate set of books consistent with instructions set 
forth in Sec. Sec. 32.1406 and 32.7990. Transfers of assets, and sales 
of products and services between the regulated activity and a 
nonregulated activity for which a separate set of books is maintained, 
shall be accounted for in accordance with the rules presented in Sec. 
32.27, Transactions with Affiliates. In the separate set of books, 
carriers may establish whatever detail they deem appropriate beyond what 
is necessary to provide this Commission with the information required in 
Sec. Sec. 32.1406 and 32.7990.
    (c) When a nonregulated activity does involve the joint or common 
use of assets and resources in the provision of regulated and 
nonregulated products and services, carriers shall account for these 
activities within accounts prescribed in this system for telephone 
company operations. Assets and expenses shall be subdivided in 
subsidiary records among amounts solely assignable to nonregulated 
activities, amounts solely assignable to regulated activities, and 
amounts related to assets and expenses incurred jointly or in common, 
which will be allocated between regulated and nonregulated activities. 
Carriers shall submit reports identifying regulated and nonregulated 
amounts in the manner and at the times prescribed by this Commission. 
Nonregulated revenue items not qualifying for incidental treatment as 
provided in Sec. 32.4999(l) of this part, shall be recorded in separate 
subsidiary record categories of Account 5280, Nonregulated operating 
revenue. Amounts assigned or allocated to regulated products or services 
shall be subject to part 36 of this chapter.

[52 FR 6560, Mar. 4, 1987, as amended at 53 FR 49322, Dec. 7, 1988; 59 
FR 46930, Sept. 13, 1994; 64 FR 50007, Sept. 15, 1999]



Sec. 32.24  Compensated absences.

    (a) Companies shall record a liability and charge the appropriate 
expense accounts for compensated absences (vacations, sick leave, etc.) 
in the year in which these benefits are earned by employees.
    (b) With respect to the liability that exists for compensated 
absences which is not yet recorded on the books as of the effective date 
of this part, the liability shall be recorded in Account 4130. Other 
current liabilities, with a corresponding entry to Account 1438, 
Deferred maintenance, retirements and other deferred charges. This 
deferred charge shall be amortized on a straight-line basis over a 
period of ten years.
    (c) Records shall be maintained so as to show that no more than ten 
percent

[[Page 413]]

of the deferred charge is being amortized each year.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5679, Feb. 6, 2002]



Sec. 32.25  Unusual items and contingent liabilities.

    Extraordinary items, prior period adjustments, and contingent 
liabilities may be recorded in the company's books of account without 
prior Commission approval.

[65 FR 16334, Mar. 28, 2000]



Sec. 32.26  Materiality.

    Companies shall follow this system of accounts in recording all 
financial and statistical data irrespective of an individual item's 
materiality under GAAP, unless a waiver has been granted under the 
provisions of Sec. 32.18 of this subpart to do otherwise.



Sec. 32.27  Transactions with affiliates.

    (a) Unless otherwise approved by the Chief, Common Carrier Bureau, 
transactions with affiliates involving asset transfers into or out of 
the regulated accounts shall be recorded by the carrier in its regulated 
accounts as provided in paragraphs (b) through (f) of this section.
    (b) Assets sold or transferred between a carrier and its affiliate 
pursuant to a tariff, including a tariff filed with a state commission, 
shall be recorded in the appropriate revenue accounts at the tariffed 
rate. Non-tariffed assets sold or transferred between a carrier and its 
affiliate that qualify for prevailing price valuation, as defined in 
paragraph (d) of this section, shall be recorded at the prevailing 
price. For all other assets sold by or transferred from a carrier to its 
affiliate, the assets shall be recorded at no less than the higher of 
fair market value and net book cost. For all other assets sold by or 
transferred to a carrier from its affiliate, the assets shall be 
recorded at no more than the lower of fair market value and net book 
cost.
    (1) Floor. When assets are sold by or transferred from a carrier to 
an affiliate, the higher of fair market value and net book cost 
establishes a floor, below which the transaction cannot be recorded. 
Carriers may record the transaction at an amount equal to or greater 
than the floor, so long as that action complies with the Communications 
Act of 1934, as amended, Commission rules and orders, and is not 
otherwise anti-competitive.
    (2) Ceiling. When assets are purchased from or transferred from an 
affiliate to a carrier, the lower of fair market value and net book cost 
establishes a ceiling, above which the transaction cannot be recorded. 
Carriers may record the transaction at an amount equal to or less than 
the ceiling, so long as that action complies with the Communications Act 
of 1934, as amended, Commission rules and orders, and is not otherwise 
anti-competitive.
    (3) Threshold. For purposes of this section carriers are required to 
make a good faith determination of fair market value for an asset when 
the total aggregate annual value of the asset(s) reaches or exceeds 
$500,000, per affiliate. When a carrier reaches or exceeds the $500,000 
threshold for a particular asset for the first time, the carrier must 
perform the market valuation and value the transaction on a going-
forward basis in accordance with the affiliate transactions rules on a 
going-forward basis. When the total aggregate annual value of the 
asset(s) does not reach or exceed $500,000, the asset(s) shall be 
recorded at net book cost.
    (c) Services provided between a carrier and its affiliate pursuant 
to a tariff, including a tariff filed with a state commission, shall be 
recorded in the appropriate revenue accounts at the tariffed rate. Non-
tariffed services provided between a carrier and its affiliate pursuant 
to publicly-filed agreements submitted to a state commission pursuant to 
section 252(e) of the Communications Act of 1934 or statements of 
generally available terms pursuant to section 252(f) shall be recorded 
using the charges appearing in such publicly-filed agreements or 
statements. Non-tariffed services provided between a carrier and its 
affiliate that qualify for prevailing price valuation, as defined in 
paragraph (d) of this section, shall be recorded at the prevailing 
price. For all other services sold by or transferred from a carrier to 
its affiliate, the services shall be recorded at no less than

[[Page 414]]

the higher of fair market value and fully distributed cost. For all 
other services sold by or transferred to a carrier from its affiliate, 
the services shall be recorded at no more than the lower of fair market 
value and fully distributed cost.
    (1) Floor. When services are sold by or transferred from a carrier 
to an affiliate, the higher of fair market value and fully distributed 
cost establishes a floor, below which the transaction cannot be 
recorded. Carriers may record the transaction at an amount equal to or 
greater than the floor, so long as that action complies with the 
Communications Act of 1934, as amended, Commission rules and orders, and 
is not otherwise anti-competitive.
    (2) Ceiling. When services are purchased from or transferred from an 
affiliate to a carrier, the lower of fair market value and fully 
distributed cost establishes a ceiling, above which the transaction 
cannot be recorded. Carriers may record the transaction at an amount 
equal to or less than the ceiling, so long as that action complies with 
the Communications Act of 1934, as amended, Commission rules and orders, 
and is not otherwise anti-competitive.
    (3) Threshold. For purposes of this section, carriers are required 
to make a good faith determination of fair market value for a service 
when the total aggregate annual value of that service reaches or exceeds 
$500,000, per affiliate. When a carrier reaches or exceeds the $500,000 
threshold for a particular service for the first time, the carrier must 
perform the market valuation and value the transaction in accordance 
with the affiliate transactions rules on a going-forward basis. All 
services received by a carrier from its affiliate(s) that exist solely 
to provide services to members of the carrier's corporate family shall 
be recorded at fully distributed cost.
    (d) In order to qualify for prevailing price valuation in paragraphs 
(b) and (c) of this section, sales of a particular asset or service to 
third parties must encompass greater than 25 percent of the total 
quantity of such product or service sold by an entity. Carriers shall 
apply this 25 percent threshold on an asset-by-asset and service-by-
service basis, rather than on a product-line or service-line basis. In 
the case of transactions for assets and services subject to section 272, 
a BOC may record such transactions at prevailing price regardless of 
whether the 25 percent threshold has been satisfied.
    (e) Income taxes shall be allocated among the regulated activities 
of the carrier, its nonregulated divisions, and members of an affiliated 
group. Under circumstances in which income taxes are determined on a 
consolidated basis by the carrier and other members of the affiliated 
group, the income tax expense to be recorded by the carrier shall be the 
same as would result if determined for the carrier separately for all 
time periods, except that the tax effect of carry-back and carry-forward 
operating losses, investment tax credits, or other tax credits generated 
by operations of the carrier shall be recorded by the carrier during the 
period in which applied in settlement of the taxes otherwise 
attributable to any member, or combination of members, of the affiliated 
group.
    (f) Companies that employ average schedules in lieu of actual costs 
are exempt from the provisions of this section. For other organizations, 
the principles set forth in this section shall apply equally to 
corporations, proprietorships, partnerships and other forms of business 
organizations.

[67 FR 5679, Feb. 6, 2002]

    Effective Date Note: At 69 FR 53648, Sept. 2, 2004, Sec. 32.27 was 
amended by revising paragraph (a), effective Mar. 2, 2005. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 32.27  Transactions with affiliates.

    (a) Unless otherwise approved by the Chief, Wireline Competition 
Bureau, transactions with affiliates involving asset transfers into or 
out of the regulated accounts shall be recorded by the carrier in its 
regulated accounts as provided in paragraphs (b) through (f) of this 
section.

                                * * * * *

[[Page 415]]



            Subpart C_Instructions for Balance Sheet Accounts



Sec. 32.101  Structure of the balance sheet accounts.

    The Balance Sheet accounts shall be maintained as follows:
    (a) Account 1120, Cash and equivalents, through Account 1500, Other 
jurisdictional assets--net, shall include assets other than regulated-
fixed assets.
    (b) Account 2001, Telecommunications plant in service, through 
Account 2007, Goodwill, shall include the regulated-fixed assets.
    (c) Account 3100, Accumulated depreciation through Account 3410, 
Accumulated amortization--capitalized leases, shall include the asset 
reserves except that reserves related to certain asset accounts will be 
included in the asset account. (See Sec. Sec. 32.2005, 32.2682 and 
32.2690.)
    (d) Account 4000, Current accounts and notes payable, through 
Account 4550, Retained earnings, shall include all liabilities and 
stockholders equity.

[67 FR 5680, Feb. 6, 2002]



Sec. 32.102  Nonregulated investments.

    Nonregulated investments shall include the investment in 
nonregulated activities that are conducted through the same legal entity 
as the telephone company operations, but do not involve the joint or 
common use of assets or resources in the provision of both regulated and 
nonregulated products and services. See Sec. Sec. 32.14 and 32.23.

[52 FR 6561, Mar. 4, 1987]



Sec. 32.103  Balance sheet accounts for other than regulated-fixed assets 
to be maintained.

    Balance sheet accounts to be maintained by Class A and Class B 
telephone companies for other than regulated-fixed assets are indicated 
as follows:

                         Balance Sheet Accounts
------------------------------------------------------------------------
                                                     Class A    Class B
                   Account title                     account    account
------------------------------------------------------------------------
                  Current assets
 
Cash and equivalents..............................       1120       1120
Receivables.......................................       1170       1170
Allowance for doubtful accounts...................       1171       1171
Supplies:
  Material and supplies...........................       1220       1220
Prepayments.......................................       1280       1280
Other current assets..............................       1350       1350
 
                 Noncurrent assets
 
Investments:
  Nonregulated investments........................       1406       1406
  Other noncurrent assets.........................       1410       1410
Deferred charges:
  Deferred maintenance, retirements and other            1438       1438
   deferred charges...............................
Other:
  Other jurisdictional assets-net.................       1500       1500
------------------------------------------------------------------------


[67 FR 5680, Feb. 6, 2002]



Sec. 32.1120  Cash and equivalents.

    (a) This account shall include the amount of current funds available 
for use on demand in the hands of financial officers and agents, 
deposited in banks or other financial institutions and also funds in 
transit for which agents have received credit.
    (b) This account shall include the amount of cash on special 
deposit, other than in sinking and other special funds provided for 
elsewhere, to pay dividends, interest, and other debts, when such 
payments are due one year or less from the date of deposit; the amount 
of cash deposited to insure the performance of contracts to be performed 
within one year from date of the deposit; and other cash deposits of a 
special nature not provided for elsewhere. This account shall include 
the amount of cash deposited with trustees to be held until mortgaged 
property sold, destroyed, or otherwise disposed of is replaced, and also 
cash realized from the sale of the company's securities and deposited 
with trustees to be held until invested in physical property of the 
company or for disbursement when the purposes for which the securities 
were sold are accomplished.
    (c) Cash on special deposit to be held for more than one year from 
the date of deposit shall be included in Account 1410, Other noncurrent 
assets.
    (d) This account shall include the amount of cash advanced to 
officers, agents, employees, and others as petty cash or working funds 
from which expenditures are to be made and accounted for.

[[Page 416]]

    (e) This account shall include the cost of current securities 
acquired for the purpose of temporarily investing cash, such as time 
drafts receivable and time loans, bankers' acceptances, United States 
Treasury certificates, marketable securities, and other similar 
investments of a temporary character.
    (f) Accumulated changes in the net unrealized losses of current 
marketable equity securities shall be included in the determination of 
net income in the period in which they occur in Account 7300, Other 
Nonoperating Income and Expense.
    (g) Subsidiary record categories shall be maintained in order that 
the entity may separately report the amounts of temporary investments 
that relate to affiliates and nonaffiliates. Such subsidiary record 
categories shall be reported as required by part 43 of this chapter.

[67 FR 5681, Feb. 6, 2002]



Sec. 32.1170  Receivables.

    (a) This account shall include all amounts due from customers for 
services rendered or billed and from agents and collectors authorized to 
make collections from customers. This account shall also include all 
amounts due from customers or agents for products sold. This account 
shall be kept in such manner as will enable the company to make the 
following analysis:
    (1) Amounts due from customers who are receiving telecommunications 
service.
    (2) Amounts due from customers who are not receiving service and 
whose accounts are in process of collection.
    (b) Collections in excess of amounts charged to this account may be 
credited to and carried in this account until applied against charges 
for services rendered or until refunded.
    (c) Cost of demand or time notes, bills and drafts receivable, or 
other similar evidences (except interest coupons) of money receivable on 
demand or within a time not exceeding one year from date of issue.
    (d) Amount of interest accrued to the date of the balance sheet on 
bonds, notes, and other commercial paper owned, on loans made, and the 
amount of dividends receivable on stocks owned.
    (e) This account shall not include dividends or other returns on 
securities issued or assumed by the company and held by or for it, 
whether pledged as collateral, or held in its treasury, in special 
deposits, or in sinking and other funds.
    (f) Dividends received and receivable from affiliated companies 
accounted for on the equity method shall be included in Account 1410, 
Other noncurrent assets, as a reduction of the carrying value of the 
investment.
    (g) This account shall include all amounts currently due, and not 
provided for in (a) through (g) of this section such as those for 
traffic settlements, divisions of revenue, material and supplies, 
matured rents, and interest receivable under monthly settlements on 
short-term loans, advances, and open accounts. If any of these items are 
not to be paid currently, they shall be transferred to Account 1410, 
Other noncurrent assets.
    (h) Subsidiary record categories shall be maintained in order that 
the entity may separately report the amounts contained herein that 
relate to affiliates and nonaffiliates. Such subsidiary record 
categories shall be reported as required by part 43 of this chapter.

[67 FR 5681, Feb. 6, 2002]



Sec. 32.1171  Allowance for doubtful accounts.

    (a) This account shall be credited with amounts charged to Accounts 
5300, Uncollectible revenue, and 6790, Provision for uncollectible notes 
receivable to provide for uncollectible amounts related to accounts 
receivable and notes receivable included in Account 1170, Receivables. 
There shall also be credited to this account amounts collected which 
previously had been written off through charges to this account and 
credits to Account 1170. There shall be charged to this account any 
amounts covered thereby which have been found to be impracticable of 
collection.
    (b) If no such allowance is maintained, uncollectible amounts shall 
be charged directly to Account 5300, Uncollectible revenue or directly 
to Account 6790, Provision for

[[Page 417]]

uncollectible notes receivable, as appropriate.
    (c) Subsidiary record categories shall be maintained in order that 
the entity may separately report the amounts contained herein that 
relate to affiliates and nonaffiliates. Such subsidiary record 
categories shall be reported as required by part 43 of this chapter.

[67 FR 5682, Feb. 6, 2002]



Sec. 32.1191  Accounts receivable allowance--other.

    (a) This account shall be credited with amounts charged to Account 
5302, Uncollectible Revenue--Other to provide for uncollectible amounts 
included in Account 1190, Other Accounts Receivable. There shall also be 
credited to this account amounts collected which previously had been 
written off through charges to this account and credits to Account 1190. 
There shall be charged to this account any amounts covered thereby which 
have been found to be impracticable of collection.
    (b) If no such allowance is maintained, uncollectible amounts shall 
be charged directly to Account 5302, Uncollectible Revenue--Other.
    (c) Subsidiary record categories shall be maintained in order that 
the entity may separately report the amounts contained herein that 
relate to affiliates and nonaffiliates. Such subsidiary record 
categories shall be reported as required by part 43 of this Commission's 
Rules and Regulations.



Sec. 32.1220  Inventories.

    (a) This account shall include the cost of materials and supplies 
held in stock and inventories of goods held for resale or lease. The 
investment in inventories shall be maintained in the following 
subaccounts:

1220.1 Material and supplies
1220.2 Property held for sale or lease

    (b) These subaccounts shall not include items which are related to a 
nonregulated activity unless that activity involves joint or common use 
of assets and resources in the provision of regulated and nonregulated 
products and services.
    (c) 1220.1 Material and supplies. This subaccount shall include cost 
of material and supplies held in stock including plant supplies, motor 
vehicles supplies, tools, fuel, other supplies and material and articles 
of the company in process of manufacture for supply stock. (Note also 
Sec. 32.2000(c)(2)(iii) of this subpart.)
    (d) Transportation charges and sales and use taxes, so far as 
practicable, shall be included as a part of the cost of the particular 
material to which they relate. Transportation and sales and use taxes 
which are not included as part of the cost of particular material shall 
be equitably apportioned among the detail accounts to which material is 
charged.
    (e) So far as practicable, cash and other discount on material shall 
be deducted in determining cost of the particular material to which they 
relate or credited to the account to which the material is charged. When 
such deduction is not practicable, discounts shall be equitably 
apportioned among the detail accounts to which material is charged.
    (f) Material recovered in connection with construction, maintenance 
or retirement of property shall be charged to this account as follows:
    (1) Reusable items that, when installed or in service, were 
retirement units shall be included in this account at the original cost, 
estimated if not known. (Note also Sec. 32.2000(d)(3) of this subpart.)
    (2) Reusable minor items that, when installed or in service, were 
not retirement units shall be included in this account at current prices 
new.
    (3) The cost of repairing reusable material shall be charged to the 
appropriate account in the Plant Specific Operations Expense accounts.
    (4) Scrap and nonusable material included in this account shall be 
carried at the estimated amount which will be received therefor. The 
difference between the amounts realized for scrap and nonusable material 
sold and the amounts at which it is carried in this account, so far as 
practicable, shall be adjusted in the accounts credited when the 
material was taken up in this account.
    (g) Interest paid on material bills, the payments of which are 
delayed, shall be charged to Account 7500, Interest and related items.

[[Page 418]]

    (h) Inventories of material and supplies shall be taken periodically 
or frequently enough for reporting purposes, as appropriate, in 
accordance with generally accepted accounting principles. The 
adjustments to this account shall be charged or credited to Account 
6512, Provisioning expense.
    (i) 1220.2 Property held for sale or lease. This subaccount shall 
include the cost of all items purchased for resale or lease. The cost 
shall include applicable transportation charges, sales and use taxes, 
and cash and other purchase discounts. Inventory shortage and overage 
shall be charged and credited, respectively, to Account 5280, 
Nonregulated operating revenue.

[52 FR 39534, Oct. 22, 1987, as amended at 53 FR 49322, Dec. 7, 1988; 67 
FR 5682, Feb. 6, 2002]



Sec. 32.1280  Prepayments.

    This account shall include:
    (a) The amounts of rents paid in advance of the period in which they 
are chargeable to income, except amounts chargeable to 
telecommunications plant under construction and minor amounts which may 
be charged directly to the final accounts. As the term expires for which 
the rents are paid, this account shall be credited monthly and the 
appropriate account charged.
    (b) The balance of all taxes, other than amounts chargeable to 
telecommunication plant under construction and minor amounts which may 
be charged to the final accounts, paid in advance and which are 
chargeable to income within one year. As the term expires for which the 
taxes are paid, this account shall be credited monthly and the 
appropriate account charged.
    (c) The amount of insurance premiums paid in advance of the period 
in which they are chargeable to income, except premiums chargeable to 
telecommunications plant under construction and minor amounts which may 
be charged directly to the final accounts. As the term expires for which 
the premiums are paid, this account shall be credited monthly and the 
appropriate account charged.
    (d) The cost of preparing, printing, binding, and delivering 
directories and the cost of soliciting advertisements for directories, 
except minor amounts which may be charged directly to Account 6620, 
Services. Amounts in this account shall be cleared to Account 6620 by 
monthly charges representing that portion of the expenses applicable to 
each month.
    (e) Other prepayments not included in paragraphs (a) through (d) of 
this section except for minor amounts which may be charged directly to 
the final accounts. As the term expires for which the payments apply, 
this account shall be credited monthly and the appropriate account 
charged.

[67 FR 5682, Feb. 6, 2002]

    Effective Date Note: At 69 FR 53648, Sept. 2, 2004, Sec. 32.1280, 
was amended by revising paragraph (d), effective Mar. 2, 2005. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 32.1280  Prepayments.

                                * * * * *

    (d) The cost of preparing, printing, binding, and delivering 
directories and the cost of soliciting advertisements for directories, 
except minor amounts which may be charged directly to Account 6622, 
Number services. These prepaid directory expenses shall be cleared to 
Account 6622 by monthly charges representing that portion of the 
expenses applicable to each month.

                                * * * * *



Sec. 32.1350  Other current assets.

    This account shall include the amount of all current assets which 
are not includable in Accounts 1120 through 1280.

[67 FR 5682, Feb. 6, 2002]



Sec. 32.1406  Nonregulated investments.

    This account shall include the carrier's investment in nonregulated 
activities accounted for in a separate set of books as provided in Sec. 
32.23(b).

[52 FR 6561, Mar. 4, 1987; 52 FR 39535, Oct. 22, 1987, as amended as 67 
FR 5682, Feb. 6, 2002]



Sec. 32.1410  Other noncurrent assets.

    (a) This account shall include the acquisition cost of the company's 
investment in equity or other securities issued or assumed by affiliated 
companies, including securities held in special funds (sinking funds). 
The carrying

[[Page 419]]

value of the investment (securities) accounted for on the equity method 
shall be adjusted to recognize the company's share of the earnings or 
losses and dividends received or receivable of the affiliated company 
from the date of acquisition. (Note also Account 1170, Receivables, and 
Account 7300, Nonoperating income and expense.)
    (b) This account shall include the acquisition cost of the Company's 
investment in securities issued or assumed by nonaffiliated companies 
and individuals, and also its investment advances to such parties and 
special deposits of cash for more than one year from date of deposit.
    (c) Declines in value of investments, including those accounted for 
under the cost method, shall be charged to Account 4540, Other capital, 
if temporary and as a current period loss if permanent. Detail records 
shall be maintained to reflect unrealized losses for each investment.
    (d) This account shall also include advances represented by book 
accounts only with respect to which it is agreed or intended that they 
shall be either settled by issuance of capital stock or debt; or shall 
not be subject to current cost settlement.
    (e) Amounts due from affiliated and nonaffiliated companies which 
are subject to current settlement shall be included in Account 1170, 
Receivables.
    (f) This account shall include the total unamortized balance of debt 
issuance expense for all classes of outstanding long-term debt. Amounts 
included in this account shall be amortized monthly and charged to 
account 7500, Interest and related items.
    (g) Debt Issuance expense includes all expenses in connection with 
the issuance and sale of evidence of debt, such as fees for drafting 
mortgages and trust deeds; fees and taxes for issuing or recording 
evidences of debt; costs of engraving and printing bonds, certificates 
of indebtedness, and other commercial paper; fees paid trustees; 
specific costs of obtaining governmental authority; fees for legal 
services; fees and commissions paid underwriters, brokers, and salesmen; 
fees and expenses of listing on exchanges, and other like costs. A 
subsidiary record shall be kept of each issue outstanding.
    (h) This account shall include the amount of cash and other assets 
which are held by trustees or by the company's treasurer in a distinct 
fund, for the purpose of redeeming outstanding obligations. Interest or 
other income arising from funds carried in this account shall generally 
be charged to this account. A subsidiary record shall be kept for each 
sinking fund which shall designate the obligation in support of which 
the fund was created.
    (i) This account shall include the amount of all noncurrent assets 
which are not includable in paragraphs (a) through (h) of this section.
    (j) A subsidiary record shall be kept identifying separately common 
stocks, preferred stocks, long-term debt, advances to affiliates, and 
investment advances. A subsidiary record shall also be kept identifying 
special deposits of cash for more than one year from the date of 
deposit. Further, the company's record shall identify the securities 
pledged as collateral for any of the company's long-term debt or short-
term loans or to secure performance of contracts.
    (k) Subsidiary record categories shall be maintained in order that 
the entity may separately report the amounts contained herein that 
relate to the equity method and the cost method. Such subsidiary record 
categories shall be reported as required by part 43 of this chapter.

[67 FR 5682, Feb. 6, 2002]



Sec. 32.1438  Deferred maintenance and retirements.

    (a) This account shall include such items as:
    (1) The unprovided-for loss in service value of telecommunications 
plant for extraordinary nonrecurring retirement not considered in 
depreciation and the cost of extensive replacements of plant normally 
chargeable to the current period Plant Specific Operations Expense 
accounts. These charges shall be included in this account only upon 
direction or approval from this Commission. However, the company's 
application to this Commission for such approval shall give full 
particulars concerning the property retired, the extensive replacements, 
the amount chargeable to operating expenses and the period over

[[Page 420]]

which in its judgment the amount of such charges should be distributed.
    (2) Unaudited amounts and other debit balances in suspense that 
cannot be cleared and disposed of until additional information is 
received; the amount, pending determination of loss, of funds on deposit 
with banks which have failed; revenue, expense, and income items held in 
suspense; amounts paid for options pending final disposition.
    (3) Cost of preliminary surveys, plans, investigation, etc., made 
for construction projects under contemplation. If the projects are 
carried out, the preliminary costs shall be included in the cost of the 
plant constructed. If the projects are abandoned, the preliminary costs 
shall be charged to Account 7300, Nonoperating income and expense.
    (4) Cost of evaluations, inventories, and appraisals taken in 
connection with the acquisition or sale of property. If the property is 
subsequently acquired, the preliminary costs shall be accounted for as a 
part of the cost of acquisition, or if it is sold, such costs shall be 
deducted from the sale price in accounting for the property sold. If 
purchases or sales are abandoned, the preliminary costs included herein 
(including options paid, if any) shall be charged to Account 7300.
    (b) Charges provided for in paragraph (a) of this section shall be 
included in this account only upon direction or approval from this 
Commission. However, the company's application to this Commission for 
such approval shall give full particulars concerning the property 
retired, the extensive replacements, the amount chargeable to operating 
expenses and the period over which in its judgment the amount of such 
charges should be distributed.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5683, Feb. 6, 2002]



Sec. 32.1500  Other jurisdictional assets--net.

    This account shall include the cumulative impact on assets of 
jurisdictional ratemaking practices which vary from those of this 
Commission. All entries recorded in this account shall be recorded net 
of any applicable income tax effects and shall be supported by 
subsidiary records where necessary as provided for in Sec. 32.13(e) of 
subpart B.



Sec. 32.2000  Instructions for telecommunications plant accounts.

    (a) Purpose of telecommunications plant accounts. (1) The 
telecommunications plant accounts (2001 to 2007 inclusive) are designed 
to show the investment in the company's tangible and intangible 
telecommunications plant which ordinarily has a service life of more 
than one year, including such plant whether used by the company or 
others in providing telecommunications service.
    (2) The telecommunications plant accounts shall not include the cost 
or other value of telecommunications plant contributed to the company. 
Contributions in the form of money or its equivalent toward the 
construction of telecommunications plant shall be credited to the 
accounts charged with the cost of such construction. Amounts of non-
recurring reimbursements based on the cost of plant or equipment 
furnished in rendering service to a customer shall be credited to the 
accounts charged with the cost of the plant or equipment. Amounts 
received for construction which are ultimately to be repaid wholly or in 
part, shall be credited to Account 4300, Other long-term liabilities and 
deferred credits; when final determination has been made as to the 
amount to be returned, any unrefunded amounts shall be credited to the 
accounts charged with the cost of such construction. Amounts received 
for the construction of plant, the ownership of which rests with or will 
revert to others, shall be credited to the accounts charged with the 
cost of such construction. (Note also Account 7100, Other operating 
income and expense.)
    (3) When telecommunications plant ordinarily having a service life 
of more than one year is installed for temporary use in providing 
telecommunications service, it shall be accounted for in the same manner 
as plant having a service life of more than one year. This includes 
temporary installations of plant (such as poles, wire and cable) 
installed to maintain service during the progress of highway 
reconstruction or during interruptions due to storms or other 
casualties, equipment used for the training of operators, equipment

[[Page 421]]

used to provide intercepting positions in central offices to handle 
traffic for a short period following extensive system changes and 
similar installations of property used to provide telecommunications 
service.
    (4) The cost of the individual items of equipment, classifiable to 
Accounts 2112, Motor vehicles; 2113, Aircraft; 2114, Tools and other 
work equipment; 2122, Furniture; 2123, Office equipment; 2124, General 
purpose computers, costing $2,000 or less or having a life of less than 
one year shall be charged to the applicable expense accounts, except for 
personal computers falling within Account 2124. Personal computers 
classifiable to Account 2124, with a total cost for all components of 
$500 or less, shall be charged to the applicable Plant Specific 
Operations Expense accounts. The cost of tools and test equipment 
located in the central office, classifiable to central office asset 
accounts 2210-2232 costing $2,000 or less or having a life of less than 
one year shall be charged to the applicable Plant Specific Operations 
Expense accounts. If the aggregate investment in the items is relatively 
large at the time of acquisition, such amounts shall be maintained in an 
applicable material and supplies account until items are used.
    (b) Telecommunications plant acquired. (1) Property, plant and 
equipment acquired from an entity, whether or not affiliated with the 
accounting company, shall be accounted for at original cost, except that 
property, plant and equipment acquired from a nonaffiliated entity shall 
be accounted for at acquisition cost if the purchase price is less than 
$100,000 for Class A companies or $25,000 for Class B companies.
    (2) The accounting for property, plant and equipment to be recorded 
at original cost shall be as follows:
    (i) The amount of money paid (or current money value of any 
consideration other than money exchanged) for the property (together 
with preliminary expenses incurred in connection the acquisition) shall 
be charged to Account 1438, Deferred maintenance, retirements, and other 
deferred charges.
    (ii) The original cost, estimated if not known, of 
telecommunications plant, governmental franchises and other similar 
rights acquired shall be charged to the applicable telecommunications 
plant accounts, Telecommunications Plant Under Construction, and 
Property Held For Future Telecommunications Use, as appropriate, and 
credited to Account 1439. When the actual original cost cannot be 
determined and estimates are used, the company shall be prepared to 
furnish the Commission with the particulars of such estimates.
    (iii) Accumulated Depreciation and amortization balances related to 
plant acquired shall be credited to Account 3100, Accumulated 
depreciation, or Account 3200, Accumulated depreciation--held for future 
telecommunications use, or Account 3410, Accumulated amortization-- 
capitalized leases and debited to Account 1438. Accumulated amortization 
balances related to plant acquired which ultimately is recorded in 
Accounts 2005, Telecommunications plant adjustment, Account 2682, 
Leasehold improvements, or Account 2690, Intangibles shall be credited 
to these asset accounts, and debited to Account 1438.
    (iv) Any amount remaining in Account 1438, applicable to the plant 
acquired, shall, upon completion of the entries provided in paragraphs 
(b)(2)(i) through (b)(2)(iii) of this section, be debited or credited, 
as applicable, to Account 2007, Goodwill, or to Account 2005, 
Telecommunications plant adjustment, as appropriate.
    (3) A memorandum record shall be kept showing the amount of 
contributions in aid of construction applicable to the property acquired 
as shown by the accounts of the previous owner.
    (c) Cost of construction. (1) Telecommunications plant represents an 
economic resource which will be used to provide future services, the 
cost of which will be allocated in a rational and systematic manner to 
the future periods in which it provides benefits. In accounting for 
construction costs, the utility shall charge to the telecommunications 
plant accounts, where applicable, all direct and indirect costs.
    (2) Direct and indirect costs shall include, but not be limited to:
    (i) ``Labor'' includes the wages and expenses of employees directly 
engaged

[[Page 422]]

in or in direct charge of construction work. It includes expenses 
directly related to an employee's wages, such as worker's compensation 
insurance, payroll taxes, benefits and other similar items of expense.
    (ii) ``Engineering'' includes the portion of the wages and expenses 
of engineers, draftsmen, inspectors, and their direct supervision 
applicable to construction work. It includes expenses directly related 
to an employee's wages, such as worker's compensation insurance, payroll 
taxes, benefits and other similar items of expense.
    (iii) ``Material and supplies'' includes the purchase price of 
material used at the point of free delivery plus the costs of 
inspection, loading and transportation, and an equitable portion of 
provisioning expense. In determining the cost of material used, proper 
allowance shall be made for unused material, for material recovered from 
temporary structures used in performing the work involved, and for 
discounts allowed and realized in the purchase of material. This item 
does not include construction material that is stolen or rendered 
unusable due to vandalism. Such material should be charged to the 
applicable plant specific operations expense accounts.
    (iv) ``Transportation'' includes the cost of transporting employees, 
material and supplies, tools and other work equipment to and from the 
physical construction location. It includes amounts paid therefor to 
other companies or individuals and the cost of using the company's own 
motor vehicles or other transportation equipment.
    (v) ``Contract work'' includes amounts paid for work performed under 
contract or other agreement by other companies, firms or individuals; 
engineering and supervision applicable to such work; cost incident to 
the award of contracts; and the inspection of such work. The cost of 
construction work performed by affiliated companies and other details 
relating thereto shall be available from the work in progress and 
supporting records.
    (vi) ``Protection'' includes the cost of protecting the company's 
property from fire or other casualties and the cost of preventing 
damages to others or the property of others.
    (vii) ``Privileges, Permits, and Rights of way'' includes such costs 
incurred in obtaining these privileges, permits, or rights of way in 
connection with construction work, such as for use of private property, 
streets or highways. The cost of such privileges and permits shall be 
included in the cost of the work for which the privileges or permits are 
obtained, except for costs includable in Account 2111, Land, and Account 
2690, Intangibles.
    (viii) ``Taxes'' includes taxes properly includable in construction 
costs before the facilities are completed for service, which taxes are 
assessed separately from taxes on operating property or under conditions 
that permit separate identification of the amount chargeable to 
construction.
    (ix) ``Special machine service'' includes the cost of labor 
expended, materials and supplies consumed and other expenses incurred in 
the maintenance, operation and use of special and other labor saving 
machines (other than transportation equipment (such as trenching 
equipment, cable plows and pole setting trucks. Also included are 
expenditures for rental, maintenance and operation of such machines 
owned by others. When a construction job requires the purchase of 
special machines, the cost thereof, less the appraised or salvage value 
at the time of release from the job, shall be included in the cost of 
construction.
    (x) Allowance for funds used during construction (``AFUDC'') 
provides for the cost of financing the construction of 
telecommunications plant. AFUDC shall be charged to Account 2003, 
Telecommunications plant under construction, and credited to Account 
7300, Nonoperating income and expense. The rate for calculating AFUDC 
shall be determined as follows: If financing plans associate a specific 
new borrowing with an asset, the rate on that borrowing may be used for 
the asset; if no specific new borrowing is associated with an asset or 
if the average accumulated expenditures for the asset exceed the amounts 
of specific new borrowing associated with it, the capitalization rate to 
be applied to such excess shall be

[[Page 423]]

the weighted average of the rates applicable to other borrowings of the 
enterprise. The amount of interest cost capitalized in an accounting 
period shall not exceed the total amount of interest cost incurred by 
the company in that period.
    (xi) ``Insurance'' includes premiums paid specifically for 
protection against loss and damage in connection with the construction 
of telecommunications plant due to fire or other casualty, injury to or 
death of employees or others, damages to property of others, 
defalcations of employees and agents and the non-performance of 
contractual obligations of others.
    (xii) ``Construction services'' include the cost of telephone, 
electricity, power, construction quarters, office space and equipment 
directly related to the construction project.
    (xiii) ``Indirect construction costs'' shall include indirect costs 
such as general engineering, supervision and support. Such costs, in 
addition to direct supervision, shall include indirect plant operations 
and engineering supervision up to, but not including, supervision by 
executive officers whose pay and expenses are chargeable to Account 
6720, General and administrative. The records supporting the entries for 
indirect construction costs shall be kept so as to show the nature of 
the expenditures, the individual jobs and accounts charged, and the 
bases of the distribution. The amounts charged to each plant account for 
indirect costs shall be readily determinable. The instructions contained 
herein shall not be interpreted as permitting the addition to plant of 
amounts to cover indirect costs based on arbitrary allocations.
    (xiv) The cost of construction shall not include any amounts 
classifiable as Corporate Operations Expense.
    (d) Telecommunications plant retired. (1) Telecommunications plant 
accounts shall at all times disclose the original cost of all property 
in service. When any item of property subject to plant retirement 
accounting is worn out, lost, sold, destroyed, abandoned, surrendered 
upon lapse of title, becomes permanently unserviceable, is withdrawn or 
for any other reason is retired from service, the plant accounts 
applicable to that item shall be credited with the original cost of the 
plant retired whether replaced or not (except as provided for minor 
items in paragraph (d)(2)(ii) of this section). Normally, these 
retirement credits with respect to such plant as entire buildings, 
entire central offices, all plant abandoned and any large sections of 
plant withdrawn from service, shall be entered in the accounts for the 
month in which use of the property ceased. For any other plant withdrawn 
from service, the retirement credits shall be entered no later than the 
next succeeding month. Literal compliance with the provision for timing 
of entries with respect to property amounting to less than $50,000 
retired under any one project is not required if an unreasonable amount 
of recordkeeping and estimating of quantities, original costs and 
salvage is necessary. The retirement entry shall refer to the continuing 
property record, or records supplemental thereto, from which the cost 
was obtained (note also paragraph (d)(3) of this section). Every company 
shall establish procedures which will ensure compliance with these 
requirements.
    (2) To avoid undue refinement, depreciable telecommunications plant 
shall be accounted for as follows:
    (i) Retirement units: This group includes major items of property, a 
representative list of which shall be prescribed by this Commission. In 
lieu of the retirement units prescribed with respect to a particular 
account, a company may, after obtaining specific approval by this 
Commission, establish and maintain its own list of retirement units for 
a portion or all of the plant in any such account. For items included on 
the retirement units list, the original cost of any such items retired 
shall be credited to the plant account and charged to Account 3100 
Accumulated Depreciation, whether or not replaced. The original cost of 
retirement units installed in place of property retired shall be charged 
to the applicable telecommunications plant account.
    (ii) Minor items: This group includes any part or element of plant 
which is not designated as a retirement unit. The original cost of a 
minor item of property when included in the specific

[[Page 424]]

or average cost for a retirement unit or units requires no separate 
credit to the telecommunications plant account when such a minor item is 
retired. The cost of replacement shall be charged to the account 
applicable for the cost of repairs of the property. However, if the 
replacement effects a substantial betterment (the primary aim of which 
is to make the property affected more useful, of greater durability, of 
greater capacity or more economical in operation), the excess cost of 
such a replacement, over the estimated cost at the then current prices 
of replacement without betterment of the minor items being retired, 
shall be charged to the applicable telecommunications plant account.
    (3) The cost of property to be retired shall be the amount at which 
property is included in the telecommunications plant accounts. However, 
when it is impracticable to determine the cost of each item due to the 
relatively large number or small cost of such items, the average cost of 
all the items covered by an appropriate subdivision of the account shall 
be used in determining the cost to be assigned to such items when 
retired. The method used in determining average cost must give due 
regard to the quantity, vintage, size and kind of items, the area in 
which they were installed and their classification in other respects. 
Average cost may be applied in retirement of such items as poles, wire, 
cable, cable terminals, conduit and booths. Any company may use average 
cost of property installed in a year or band of years as approved by the 
Commission. It should be understood, however, that the use of average 
costs shall not relieve the company of the requirement for maintaining 
its continuing property records to show, where practicable, dates of 
installation and removal for purposes of mortality studies. (See Sec. 
32.2000(f) of this subpart, Standard Practices for Establishing and 
Maintaining Continuing Property Records.)
    (4) The accounting for the retirement of property, plant and 
equipment shall be as provided above except that amounts in Account 
2111, Land, and amounts for works of art recorded in Account 2122, 
Furniture, shall be treated at disposition as a gain or loss and shall 
be credited or debited to Account 7100, Other operating income and 
expense, as applicable. If land or artwork is retained by the company 
and held for sale, the cost shall be charged to Account 2006, 
Nonoperating plant.
    (5) When the telecommunications plant is sold together with traffic 
associated therewith, the original cost of the property shall be 
credited to the applicable plant accounts and the estimated amounts 
carried with respect thereto in the accumulated depreciation and 
amortization accounts shall be charged to such accumulated accounts. The 
difference, if any, between the net amount of such debit and credit 
items and the consideration received (less commissions and other 
expenses of making the sale) for the property shall be included in 
Account 7300, Nonoperating income and expense. The accounting for 
depreciable telecommunications plant sold without the traffic associated 
therewith shall be in accordance with the accounting provided in Sec. 
32.3100(c).
    (e) Basic property records. (1) The basic property records are that 
portion of the total property accounting system which preserves the 
following detailed information:
    (i) The identity, vintage, location and original cost of units of 
property;
    (ii) Original and ongoing transactional data (plant account 
activity) in terms of such units; and
    (iii) Any other specific financial and cost accounting information 
not properly warranting separate disclosure as an account or subaccount 
but which is needed to support regulatory, cost, tax, management and 
other specific accounting information needs and requirements.
    (2) The basic property records must be: (i) Subject to internal 
accounting controls, (ii) auditable, (iii) equal in the aggregate to the 
total investment reflected in the financial property control accounts as 
well as the total of the cost allocations supporting the determination 
of cost-of-service at any particular point in time, and (iv) maintained 
throughout the life of the property.
    (3) The basic property records shall consist of (i) continuing 
property records and (ii) records supplemental

[[Page 425]]

thereto which together reveal clearly, by accounting area, the detailed 
and systematically summarized information necessary to meet fully the 
requirements of paragraphs (e)(1) and (e)(2) of this section.
    (4) Companies shall establish and maintain basic property records 
for each class of property recorded in the several plant accounts which 
comprise the balance sheet Account 2001, Telecommunications Plant In 
Service, Account 2002, Property Held for Future Telecommunications Use, 
and Account 2006, Nonoperating Plant.
    (5) The company shall notify the Commission of a plan for the basic 
property record as follows:
    (i) Not later than June 30 of the year following that in which it 
becomes subject to this system of accounts, the company shall file with 
the Commission two (2) copies of a complete plan of the method to be 
used in the compilation of a basic property record with respect to each 
class of property. The plan shall include a list of proposed accounting 
areas accompanied by description of the boundaries of each area as 
defined in accordance with the requirements of Sec. 32.2000(f)(1) (i) 
and (ii) of this subpart. The plan shall also include a list of property 
record units proposed for use under each regulated plant account. These 
property record units shall be selected such that the requirements of 
Sec. 32.2000(f)(2) (i), (ii) and (iii) of this subpart can be 
satisfied.
    (ii) The company shall submit to the Commission one copy of any 
major proposed changes in its basic property record plan at least 30 
days before the effective date of the proposed changes.
    (6) The company shall prepare and maintain the basic property record 
as follows:
    (i) Not later than June 30 of the year following that in which the 
company becomes subject to this system of accounts, begin the 
preparation of a basic property record.
    (ii) Complete within two years of the prescribed beginning date, 
basic property records for all property as of the end of the preceding 
calendar year.
    (iii) Promptly process in the basic property records all property 
changes affecting periods subsequent to initial establishment of the 
basic property record.
    (7) The basic property record components (see paragraph (c) of this 
section) shall be arranged in conformity with the regulated plant 
accounts prescribed in this section of accounts as follows:
    (i) The continuing property records shall be compiled on the basis 
of original cost (or other book cost consistent with this system of 
accounts). The continuing property records shall be maintained as 
prescribed in Sec. 32.2000(f)(2)(iii) of this subpart in such manner as 
will meet the following basic objectives:
    (A) Provide for the verification of property record units by 
physical examination.
    (B) Provide for accurate accounting for retirements.
    (C) Provide data for use in connection with depreciation studies.
    (ii) The records supplemental to the continuing property records 
shall disclose such service designations, usage measurement criteria, 
apportionment factors, or other data as may be prescribed by the 
Commission in this part or other parts of its Rules and Regulations. 
Such data are subject to the same general controls and standards for 
auditability and support as are all other elements of the basic property 
records.
    (f) Standard practices for establishing and maintaining continuing 
property records--(1) Accounting area. (i) The continuing property 
record, as related to each primary plant account, shall be established 
and maintained by subaccounts for each accounting area. An accounting 
area is the smallest territory of the company for which accounting 
records of investment are maintained for all plant accounts within the 
area. Areas already established for administrative, accounting, 
valuation, or other purposes may be adopted for this purpose when 
appropriate. In no case shall the boundaries of accounting areas cross 
either State lines or boundaries prescribed by the Commission.
    (ii) In determining the limit of each area, consideration shall be 
given to the quantities of property, construction conditions, operating 
districts, county and township lines, taxing district boundaries, city 
limits, and other political or geographical limits, in

[[Page 426]]

order that the area adopted may have maximum adaptability, within the 
confines of practicability, for both the company's purpose and those of 
Federal, State, and municipal authorities.
    (2) Property record units. (i) In each of the established accounting 
areas, the ``property record units'' which are to be maintained in the 
continuing property record shall be set forth separately, classified by 
size and type with the amount of original cost (or other appropriate 
book cost) associated with such units. When a list of property record 
units has been accepted by the Commission, they shall become the units 
referred to in this statement of standard practices. Such units shall 
apply to only the regulated portion of this system of accounts.
    (ii) When it is found necessary to revise this list because of the 
addition of units used in providing new types of service, or new units 
resulting from improvements in technology, or because of the grouping or 
elimination of units which no longer merit separate recognition as 
property record units, one copy of such changes shall be submitted to 
the Commission. Upon appropriate showing by the company, the Commission 
may specifically exempt the company from these filing requirements.
    (iii) The continuing property record shall reveal the description, 
location, date of placement, the essential details of construction, and 
the original cost (note also Sec. 32.2000(f)(3) of this subpart) of the 
property record units. The continuing property record and other 
underlying records of construction costs shall be so maintained that, 
upon retirement of one or more retirement units or of minor items 
without replacement when not included in the costs of retirement units, 
the actual cost or a reasonably accurate estimate of the cost of the 
plant retired can be determined.
    (3) Methods of determining original cost of property record units. 
The original cost of the property record units shall be determined by 
analyses of the construction costs incurred as shown by completion 
reports and other data, accumulated in the respective construction work 
orders or authorizations. Costs shall be allocated to and associated 
with the property record units to facilitate accounting for retirements. 
The original cost of property record units shall be determined by unit 
identification or averaging as described in paragraphs (f)(3) (i) and 
(ii) of this section.
    (i) Unit identification. Cost shall be identified and maintained by 
specific location for property record units contained within certain 
regulated plant accounts or account groupings such as Land, Buildings, 
Central Office Assets, Motor Vehicles, garage work equipment included in 
Account 2114, Tools and other work equipment, and Furniture. In 
addition, units involved in any unusual or special type of construction 
shall be recorded by their specific location costs (note also Sec. 
32.2000(f)(3)(ii)(B)).
    (ii) Averaging. (A) Average costs may be developed for plant 
consisting of a large number of similar units such as terminal 
equipment, poles, wire, cable, cable terminals, conduit, furniture, and 
work equipment. Units of similar size and type within each specified 
accounting area and regulated plant account may be grouped. Each such 
average cost shall be set forth in the continuing property record of the 
units with which it is associated.
    (B) The averaging of costs permitted under the provisions of the 
foregoing paragraph is restricted to plant installed in a particular 
vintage or band of years incurred within an accounting area. This 
paragraph does not permit the inclusion of the cost of units involved in 
any unusual or special type of construction. The units involved in such 
unusual or special type of construction shall be recorded at cost by 
location.
    (4) Estimates. In cases where the actual original cost of property 
cannot be ascertained, such as pricing an inventory for the initial 
entry of a continuing property record or the pricing of an acquisition 
for which a continuing property record has not been maintained, the 
original cost may be estimated. Any estimated original cost shall be 
consistent with the accounting practices in effect at the time the 
property was constructed.

[[Page 427]]

    (5) Identification of property record units. There shall be shown in 
the continuing property record or in record supplements thereof, a 
complete description of the property records units in such detail as to 
identify such units. The description shall include the identification of 
the work order under which constructed, the year of installation (unless 
not determinable per Sec. 32.2000(f)(4) of this subpart, specific 
location of the property within each accounting area in such manner that 
it can be readily spot-checked for proof of physical existence, the 
accounting company's number or designation, and any other description 
used in connection with the determination of the original cost. 
Descriptions of units of similar size and type shall follow prescribed 
groupings.
    (6) Reinstalled units. When units to which average costs are not 
applied, i.e., specific and fixed location units, are removed or retired 
and subsequently reinstalled, the date when the unit was first charged 
to the appropriate plant account shall, when required for adequate 
service life studies and reasonably accurate retirement accounting, be 
shown in addition to the date of reinstallation.
    (7) Age and service life of property. The continuing property record 
shall disclose the age of existing property and the supporting records 
shall disclose the service life of property retired. Exceptions from 
this requirement for any property record unit shall be submitted to the 
Commission for approval.
    (8) Reference to sources of information. There shall be shown by 
appropriate reference the source of all entries. All drawings, 
computations, and other detailed records which support quantities and 
costs or estimated costs shall be retained as a part of or in support of 
the continuing property record.
    (9) Jointly owned property. (i) With respect to jointly owned 
property, there shall be shown in the continuing property record or 
records supplemental thereto:
    (A) The identity of all joint owners.
    (B) The percentage owned by the accounting company.
    (ii) When regulated plant is constructed under arrangements for 
joint ownership, the amount received by the constructing company from 
the other joint owner or owners shall be credited as a reduction of the 
gross cost of the plant in place.
    (iii) When a sale of a part interest in regulated plant is made, the 
fractional interest sold shall be treated as a retirement and the amount 
received shall be treated as salvage. The continuing property record or 
records supplemental thereto shall be so maintained as to identify 
separately retirements of this nature from physical retirements of 
jointly owned plant.
    (iv) If jointly owned regulated property is substantial in relation 
to the total of the same kind of regulated property owned wholly by the 
company, such jointly owned regulated property shall be appropriately 
segregated in the continuing property record.
    (g) Depreciation accounting--(1) Computation of depreciation rates. 
(i) Unless otherwise provided by the Commission, either through prior 
approval or upon prescription by the Commission, depreciation percentage 
rates shall be computed in conformity with a group plan of accounting 
for depreciation and shall be such that the loss in service value of the 
property, except for losses excluded under the definition of 
depreciation, may be distributed under the straight-line method during 
the service life of the property.
    (ii) In the event any composite percentage rate becomes no longer 
applicable, revised composite percentage rates shall be computed in 
accordance with paragraph (g)(1)(i) of this section.
    (iii) The company shall keep such records of property and property 
retirements as will allow the determination of the service life of 
property which has been retired, or facilitate the determination of 
service life indications by mortality, turnover, or other appropriate 
methods. Such records will also allow the determination of the 
percentage of salvage value and cost of removal for property retired 
from each class of depreciable plant.
    (2) Depreciation charges. (i) A separate annual percentage rate for 
each depreciation category of telecommunications plant shall be used in 
computing depreciation charges.

[[Page 428]]

    (ii) Companies, upon receiving prior approval from this Commission, 
or, upon prescription by this Commission, shall apply such depreciation 
rate, except where provisions of paragraph (g)(2)(iv) of this section 
apply, as will ratably distribute on a straight line basis the 
difference between the net book cost of a class or subclass of plant and 
its estimated net salvage during the known or estimated remaining 
service life of the plant.
    (iii) Charges for currently accruing depreciation shall be made 
monthly to the appropriate depreciation accounts, and corresponding 
credits shall be made to the appropriate depreciation reserve accounts. 
Current monthly charges shall normally be computed by the application of 
one-twelfth of the annual depreciation rate to the monthly average 
balance of the associated category of plant. The average monthly balance 
shall be computed using the balance as of the first and last days of the 
current month.
    (iv) In certain circumstances and upon prior approval of this 
Commission, monthly charges may be determined in total or in part 
through the use of other methods whereby selected plant balances or 
portions thereof are ratably distributed over periods prescribed by this 
Commission. Such circumstances could include but not be limited to 
factors such as the existence of reserve deficiencies or surpluses, 
types of plant that will be completely retired in the near future, and 
changes in the accounting for plant. Where alternative methods have been 
used in accordance with this subparagraph, such amounts shall be applied 
separately or in combination with rates determined in accordance with 
paragraph (g)(2)(ii) of this section.
    (3) Acquired depreciable plant. When acquired depreciable plant 
carried in Account 1438, Deferred maintenance, retirements and other 
deferred charges, is distributed to the appropriate plant accounts, 
adjusting entries shall be made covering the depreciation charges 
applicable to such plant for the period during which it was carried in 
Account 1438.
    (4) Plant Retired for Nonrecurring Factors not Recognized in 
Depreciation Rates.
    (i) A retirement will be considered as nonrecurring (extraordinary) 
only if the following criteria are met:
    (A) The impending retirement was not adequately considered in 
setting past depreciation rates.
    (B) The charging of the retirement against the reserve will unduly 
deplete that reserve.
    (C) The retirement is unusual such that similar retirements are not 
likely to recur in the future.
    (5) Upon direction or approval from this Commission, the company 
shall credit Account 3100, Accumulated depreciation, and charge Account 
1438, Deferred maintenance, retirements and other deferred charges, with 
the unprovided-for loss in service value. Such amounts shall be 
distributed from Account 1438 to Account 6560, Depreciation and 
amortization expense over such period as this Commission may direct or 
approve.
    (h) Amortization accounting. (1) Unless otherwise provided by this 
Commission, either through approval, or upon prescription by this 
Commission, amortization shall be computed on the straight-line method, 
i.e., equal annual amounts shall be applied. The cost of each type asset 
shall be amortized on the basis the estimated life of that asset and 
shall not be written off in the accounting period in which the asset is 
acquired. A reasonable estimate of the useful life may be based on the 
upper or lower limits even though a fixed existence is not determinable. 
However, the period of amortization shall not exceed forty years.
    (2) In the event any estimated useful life becomes no longer 
applicable, a revised estimated useful life shall be determined in 
accordance with paragraph (h)(1) of this section.
    (3) Amortization charges shall be made monthly to the appropriate 
amortization expense accounts and corresponding credits shall be made to 
accounts 2005, 2682, 2690, and 3410, as appropriate. Monthly charges 
shall be computed by the application of one-twelfth to the annual 
amortization amount.
    (4) The company shall keep such records as will allow the 
determination of the useful life of the asset.

[[Page 429]]

    (i) Accounting for software. The original cost of initial operating 
system software for computers shall be classified to the same account as 
the associated hardware whether acquired separately or in conjunction 
with the associated hardware.
    (j) Plant Accounts to be Maintained by Class A and Class B telephone 
companies as indicated:

------------------------------------------------------------------------
                                                  Class A      Class B
                 Account title                    account      account
------------------------------------------------------------------------
                Regulated plant
 
Property, plant and equipment:
    Telecommunications plant in service.......     \1\ 2001     \1\ 2001
    Property held for future                           2002         2002
     telecommunications use...................
    Telecommunications plant under                     2003         2003
     construction-short term..................
    Telecommunications plant adjustment.......         2005         2005
    Nonoperating plant........................         2006         2006
    Goodwill..................................         2007         2007
  Telecommunications plant in service (TPIS)
 
TPIS--General support assets:
    Land and support assets...................  ...........         2110
    Land......................................         2111  ...........
    Motor vehicles............................         2112  ...........
    Aircraft..................................         2113  ...........
    Tools and other work equipment............         2114  ...........
    Buildings.................................         2121  ...........
    Furniture.................................         2122  ...........
    Office equipment..........................         2123  ...........
    General purpose computers.................         2124  ...........
TPIS--Central Office assets:
    Central Office--switching.................  ...........         2210
    Non-digital switching.....................         2211  ...........
    Digital electronic switching..............         2212  ...........
    Operator systems..........................         2220         2220
    Central Office--transmission..............  ...........         2230
    Radio systems.............................         2231  ...........
    Circuit equipment.........................         2232  ...........
TPIS--Information origination/termination       ...........  ...........
 assets:
    Information origination termination.......  ...........         2310
    Station apparatus.........................         2311  ...........
    Customer premises wiring..................         2321  ...........
    Large private branch exchanges............         2341  ...........
    Public telephone terminal equipment.......         2351  ...........
    Other terminal equipment..................         2362  ...........
TPIS--Cable and wire facilities assets:
    Cable and wire facilities.................  ...........         2410
    Poles.....................................         2411  ...........
    Aerial cable..............................         2421  ...........
    Underground cable.........................         2422  ...........
    Buried cable..............................         2423  ...........
    Submarine and deep sea cable..............         2424  ...........
    Intrabuilding network cable...............         2426  ...........
    Aerial wire...............................         2431  ...........
    Conduit systems...........................         2441  ...........
TPIS--Amortizable assets:
    Amortizable tangible assets...............  ...........         2680
    Capital leases............................         2681  ...........
    Leasehold improvements....................         2682  ...........
    Intangibles...............................         2690        2690
------------------------------------------------------------------------
\1\ Balance sheet summary account only.


[51 FR 43499, Dec. 2, 1986, as amended at 52 FR 7580, Mar. 12, 1987; 53 
FR 30059, Aug. 10, 1988; 59 FR 46930, Sept. 13, 1994; 60 FR 12138, Mar. 
6, 1995; 62 FR 39451, July 23, 1997; 64 FR 50007, Sept. 15, 1999; 67 FR 
5683, Feb. 6, 2002]

    Effective Date Note: At 64 FR 50007, Sept. 15, 1999, Sec. 32.2000 
was amended by removing paragraph (b)(4). This section contains 
information collection requirements and will not become effective until 
approved by the Office of Management and Budget.

    Effective Date Note: At 69 FR 53648, Sept. 2, 2004, Sec. 32.2000 
was amended by revising paragraph (g)(5), effective Mar. 2, 2005. For 
the convenience of the user, the revised text is set forth as follows:

[[Page 430]]

Sec. 32.2000  Instructions for telecommunications plant accounts.

                                * * * * *

    (g) * * *
    (5) Upon direction or approval from this Commission, the company 
shall credit Account 3100, Accumulated Depreciation, and charge Account 
1438, Deferred Maintenance, retirements and other deferred charges, with 
the unprovided-for loss in service value. Such amounts shall be 
distributed from Account 1438 to Account 6561, Depreciation expense--
Telecommunications plant in service, or Account 6562, Depreciation 
expense--property held for future telecommunications use, over such 
period as this Commission may direct or approve.

                                * * * * *



Sec. 32.2001  Telecommunications plant in service.

    This account shall include the original cost of the investment 
included in Accounts 2110 through 2690.



Sec. 32.2002  Property held for future telecommunications use.

    (a) This account shall include the original cost of property owned 
and held for no longer than two years under a definite plan for use in 
telecommunications service. If at the end of two years the property is 
not in service, the original cost of the property may remain in this 
account so long as the carrier excludes the original cost and associated 
depreciation from its ratebase and ratemaking considerations and report 
those amounts in reports filed with the Commission pursuant to 
43.21(e)(1) and 43.21(e)(2) of this chapter.
    (b) Subsidiary records shall be maintained to show the character of 
the amounts carried in this account.

[65 FR 16334, Mar. 28, 2000]



Sec. 32.2003  Telecommunications plant under construction.

    (a) This account shall include the original cost of construction 
projects (note also Sec. 32.2000(c)) of this part and the cost of 
software development projects that are not yet ready for their intended 
use.
    (b) There may be charged directly to the appropriate plant accounts 
the cost of any construction project which is estimated to be completed 
and ready for service within two months from the date on which the 
project was begun. There may also be charged directly to the plant 
accounts the cost of any construction project for which the gross 
additions to plant are estimated to amount to less than $100,000.
    (c) If a construction project has been suspended for six months or 
more, the cost of the project included in this account may remain in 
this account so long as the carrier excludes the original cost and 
associated depreciation from its ratebase and ratemaking considerations 
and reports those amounts in reports filed with the Commission pursuant 
to Sec. Sec. 43.21(e)(1) and 43.21(e)(2) of this chapter. If a project 
is abandoned, the cost included in this account shall be charged to 
Account 7300, Nonoperating income and expense.
    (d) When any telecommunications plant, the cost of which has been 
included in this account, is completed ready for service, the cost 
thereof shall be credited to this account and charged to the appropriate 
telecommunications plant or other accounts.

[51 FR 43499, Dec. 2, 1986, as amended at 60 FR 12138, Mar. 6, 1995; 64 
FR 50007, Sept. 15, 1999; 65 FR 16335, Mar. 28, 2000; 67 FR 5685, Feb. 
6, 2002]



Sec. 32.2005  Telecommunications plant adjustment.

    (a) This account shall include amounts determined in accordance with 
Sec. 32.2000(b) of this subpart representing the difference between (1) 
the fair market value of the telecommunications plant acquired, plus 
preliminary expenses incurred in connection with the acquisition; and 
(2) the original cost of such plant, governmental franchises and similar 
rights acquired,

[[Page 431]]

less the amounts of reserve requirements for depreciation and 
amortization of the property acquired. If the actual original cost is 
not known, the entries in this account shall be based upon an estimate 
of such costs.
    (b) The amounts recorded in this account with respect to each 
property acquisition (except land and artworks) shall be disposed of, 
written off, or provision shall be made for the amortization thereof, as 
follows:
    (1) Debit amounts may be charged in whole or in part, or amortized 
over a reasonable period through charges to Account 7300, Nonoperating 
income and expense, without further direction or approval by this 
Commission. When specifically approved by this Commission, or when the 
provisions of paragraph (b)(3) of this section apply, debit amounts 
shall be amortized to Account 6560, Depreciation and amortization 
expense.
    (2) Credit amounts shall be disposed of in such manner as this 
Commission may approve or direct, except for credit amounts referred to 
in paragraph (b)(4) of this section.
    (3) The amortization associated with the costs recorded in the 
Telecommunications plant adjustment account will be charged or credited, 
as appropriate, directly to this asset account, leaving a balance 
representing the unamortized cost.
    (4) Within one year from the date of inclusion in this account of a 
debit or credit amount with respect to a current acquisition, the 
company may dispose of the total amount from an acquisition of telephone 
plant by a lump-sum charge or credit, as appropriate, to Account 6560 
without further approval of this Commission, provided that such amount 
does not exceed $100,000 and that the plant was not acquired from an 
affiliated company.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5685, Feb. 6, 2002]

    Effective Date Note: At 69 FR 53648, Sept. 2, 2004, Sec. 32.2005 
was amended by revising paragraphs (b)(1) and (b)(4), effective Mar. 2, 
2005. For the convenience of the user, the revised text is set forth as 
follows:

Sec. 32.2005  Telecommunications Plant Adjustment.

                                * * * * *

    (b) * * *
    (1) Debit amounts may be charged in whole or in part, or amortized 
over a reasonable period through charges to Account 7300, Nonoperating 
income and expense, without further direction or approval by this 
Commission. When specifically approved by this Commission, or when the 
provisions of paragraph (b)(3) of this section apply, debit amounts 
shall be amortized to Account 6565, Amortization expense--other.

                                * * * * *

    (4) Within one year from the date of inclusion in this account of a 
debit or credit amount with respect to a current acquisition, the 
company may dispose of the total amount from an acquisition of telephone 
plant by a lump-sum charge or credit, as appropriate, to Account 6565 
without further approval of this Commission, provided that such amount 
does not exceed $100,000 and that the plant was not acquired from an 
affiliated company.



Sec. 32.2006  Nonoperating plant.

    (a) This account shall include the company's investment in regulated 
property which is not includable in the plant accounts as operating 
telecommunications plant. It shall include the company's investment in 
telecommunications property held for sale. (Note also Account 1406, 
Nonregulated Investments.)
    (b) Subsidiary records shall be maintained to show the character of 
the amounts carried in this account.



Sec. 32.2007  Goodwill.

    (a) This account shall include any portion of the plant purchase 
price that cannot be assigned to specifically identifiable property 
acquired and such amount should be identified as ``goodwill''. Such 
amounts included in this account shall be amortized to Account 7300, 
Nonoperating income and expense, on a straight line basis over the 
remaining life of the acquired plant, not to exceed 40 years.
    (b) The amounts included in this account shall be maintained to show 
the nature of each amount.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5686, Feb. 6, 2002]

[[Page 432]]



Sec. 32.2110  Land and support assets.

    This account shall be used by Class B companies to record the 
original cost of land and support assets of the type and character 
required of Class A companies in Accounts 2111 through 2124.



Sec. 32.2111  Land.

    (a) This account shall include the original cost of all land held in 
fee and of easements, and similar rights in land having a term of more 
than one year used for purposes other than the location of outside plant 
(see Accounts 2411 through 2441) or externally mounted central office 
equipment (see Accounts 2211 and 2212). It shall also include special 
assessments upon land for the construction of public improvements.
    (b) When land, together with buildings thereon, is acquired, the 
original cost shall be fairly apportioned between the land and the 
buildings and accounted for accordingly. If the plan of acquisition 
contemplates the removal of buildings, the total cost of the land and 
buildings shall be accounted for as the cost of the land, and the 
salvage value of the buildings when disposed of shall be deducted from 
the cost of the land so determined.
    (c) Annual or more frequent payments for use of land shall be 
recorded in the rent subsidiary record category for Account 6121, Land 
and Building Expense.
    (d) When land is acquired for which there is not a definite plan for 
its use in telecommunications service, its costs shall be included in 
Account 2006, Nonoperating Plant.
    (e) When land is acquired in excess of that required for 
telecommunications purposes, the cost of such excess land shall be 
included in Account 2006.
    (f) Installments of assessments for public improvement, including 
interest, if any, which are deferred without option to the company shall 
be included in this account only as they become due and payable. 
Interest on assessments which are not paid when due shall be included in 
Account 7500, Interest and related items.
    (g) When land is purchased for immediate use in a construction 
project, its cost shall be included in Account 2003, Telecommunications 
plant under construction, until such time as the project involved is 
completed and ready for service.
    (h) The original cost of leaseholds, easements, rights of way, and 
similar rights in land having a term of more than one year and not 
includable in Account 2111 shall be included in the accounts for outside 
plant or externally mounted central office equipment in connection with 
which the rights were acquired.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5686, Feb. 6, 2002]



Sec. 32.2112  Motor vehicles.

    This account shall include the original cost of motor vehicles of 
the type which are designed and routinely licensed to operate on public 
streets and highways.



Sec. 32.2113  Aircraft.

    This account shall include the original cost of aircraft and any 
associated equipment and furnishings installed as an integral part of 
the aircraft.



Sec. 32.2114  Tools and other work equipment.

    This account shall include the original cost of special purpose 
vehicles and the original cost of tools and equipment used to maintain 
special purpose vehicles and items included in Accounts 2112 and 2113. 
This account shall also include the original cost of power-operated 
equipment, general purpose tools, and other items of work equipment.

[64 FR 50007, Sept. 15, 1999]



Sec. 32.2121  Buildings.

    (a) This account shall include the original cost of buildings, and 
the cost of all permanent fixtures, machinery, appurtenances and 
appliances installed as a part thereof. It shall include costs incident 
to the construction or purchase of a building and to securing possession 
and title.
    (b) When land, together with the buildings thereon, is acquired, the 
original cost shall be fairly apportioned between the land and 
buildings, and the amount applicable to the buildings shall be included 
in this account. The amount applicable to the land

[[Page 433]]

shall be included in Account 2111, Land.
    (c) This account shall not include the cost of any telephone 
equipment or wiring apparatus for generating or controlling electricity 
for operating the telephone system.



Sec. 32.2122  Furniture.

    This account shall include the original cost of furniture in 
offices, storerooms, shops, and all other quarters. This account shall 
also include the cost of objects which possess aesthetic value, are of 
original or limited edition, and do not have a determinable useful life. 
The cost of any furniture attached to and constituting a part of a 
building shall be charged to account 2121, Buildings.



Sec. 32.2123  Office equipment.

    This account shall include the original cost of office equipment in 
offices, shops and all other quarters. The cost of any equipment 
attached to and constituting a part of a building shall be charged to 
Account 2121, Buildings.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5686, Feb. 6, 2002]



Sec. 32.2124  General purpose computers.

    (a) This account shall include the original cost of computers and 
peripheral devices which are designed to perform general administrative 
information processing activities.
    (b) Administrative information processing includes but is not 
limited to activities such as the preparation of financial, statistical, 
or other business analytical reports; preparation of payroll, customer 
bills, and cash management reports, and other records and reports not 
specifically designed for testing, diagnosis, maintenance or control of 
the telecommunications network facilities.
    (c) [Reserved]
    (d) This account does not include the cost of computers and their 
associated peripheral devices associated with switching, network 
signaling, network operations, or other specific telecommunications 
plant. Such computers and peripherals shall be classified to the 
appropriate switching, network signaling, network expense, or other 
plant account.

[51 FR 43499, Dec. 2, 1986, as amended at 64 FR 50007, Sept. 15, 1999]



Sec. 32.2210  Central office--switching.

    This account shall be used by Class B companies to record the 
original cost of switching assets of the type and character required of 
Class A companies in Accounts 2211 through 2212.

[67 FR 5686, Feb. 6, 2002]



Sec. 32.2211  Non-digital switching.

    (a) This account shall include:
    (1) Original cost of stored program control analog circuit-switching 
and associated equipment.
    (2) Cost of remote analog electronic circuit switches.
    (3) Original cost of non-electronic circuit-switching equipment such 
as Step-by-Step, Crossbar, and Other Electro-Mechanical Switching.
    (b) Switching plant excludes switchboards which perform an operator 
assistance function and equipment which is an integral part thereof. It 
does not exclude equipment used solely for the recording of calling 
telephone numbers in connection with customer dialed charged traffic, 
dial tandem switchboards and special service switchboards used in 
conjunction with private line service; such equipment shall be 
classified to the particular switch that if serves.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5686, Feb. 6, 2002]



Sec. 32.2212  Digital electronic switching.

    (a) This account shall include the original cost of stored program 
control digital switches and their associated equipment. Included in 
this account are digital switches which utilize either dedicated or non-
dedicated circuits. This account shall also include the cost of remote 
digital electronic switches. The investment in digital electronic 
switching equipment shall be maintained in the following subaccounts: 
2212.1 Circuit and 2212.2 Packet.
    (b) This subaccount 2212.1 Circuit shall include the original cost 
of digital electronic switching equipment

[[Page 434]]

used to provide circuit switching. Circuit switching is a method of 
routing traffic through a switching center, from local users or from 
other switching centers, whereby a connection is established between the 
calling and called stations until the connection is released by the 
called or calling station.
    (c) This subaccount 2212.2 Packet shall include the original cost of 
digital electronic switching equipment used to provide packet switching. 
Packet switching is the process of routing and transferring information 
by means of addressed packets so that a channel is occupied during the 
transmission of the packet only, and upon completion of the transmission 
the channel is made available for the transfer of other traffic.
    (d) Digital electronic switching equipment used to provide both 
circuit and packet switching shall be recorded in the subaccounts 2212.1 
Circuit and 2212.2 Packet based upon its predominant use.
    (e) Switching plant excludes switchboards which perform an operator 
assistance function and equipment which is an integral part thereof. It 
does not exclude equipment used solely for the recording of calling 
telephone numbers in connection with customer dialed charged traffic, 
dial tandem switchboards and special service switchboards used in 
conjunction with private line service; such equipment shall be 
classified to the particular switch that it serves.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5686, Feb. 6, 2002]



Sec. 32.2220  Operator systems.

    (a) This account shall include the original cost of those items of 
equipment used to assist subscribers in utilizing the network and 
equipment used in the provision of directory assistance, call intercept, 
and other operator assisted call completion activities.
    (b) This account does not include equipment used solely for the 
recording of calling telephone numbers in connection with customer 
dialed charged traffic, dial tandem switchboards and special service 
switchboards used in conjunction with private line service; such 
equipment shall be classfied to the particular switch that it serves.

[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 46930, Sept. 13, 1994]



Sec. 32.2230  Central office--transmission.

    This account shall be used by Class B companies to record the 
original cost of radio systems and circuit equipment of the type and 
character required of Class A companies in Accounts 2231 and 2232.



Sec. 32.2231  Radio systems.

    (a) This account shall include the original cost of ownership of 
radio transmitters and receivers. This account shall include the 
original cost of ownership interest in satellites (including land-side 
spares), other spare parts, material and supplies. It shall include 
launch insurance and other satellite launch costs. This account shall 
also include the original cost of earth stations and spare parts, 
material or supplies therefor.
    (b) This account shall also include the original cost of radio 
equipment used to provide radio communication channels. Radio equipment 
is that equipment which is used for the generation, amplification, 
propagation, reception, modulation, and demodulation of radio waves in 
free space over which communication channels can be provided. This 
account shall also include the associated carrier and auxiliary 
equipment and patch bay equipment which is an integral part of the radio 
equipment. Such equipment may be located in central office building, 
terminal room, or repeater stations or may be mounted on towers, masts, 
or other supports.

[67 FR 5686, Feb. 6, 2002]



Sec. 32.2232  Circuit equipment.

    (a) This account shall include the original cost of equipment which 
is used to reduce the number of physical pairs otherwise required to 
serve a given number of subscribers by utilizing carrier systems, 
concentration stages or combinations of both. It shall include equipment 
that provides for simultaneous use of a number of interoffice channels 
on a single transmission path. This account shall also

[[Page 435]]

include equipment which is used for the amplification, modulation, 
regeneration, circuit patching, balancing or control of signals 
transmitted over interoffice communications transmission channels. This 
account shall include equipment which utilizes the message path to carry 
signaling information or which utilizes separate channels between 
switching offices to transmit signaling information independent of the 
subscribers' communication paths or transmission channels. This account 
shall also include the original cost of associated material used in the 
construction of such plant. Circuit equipment may be located in central 
offices, in manholes, on poles, in cabinets or huts, or at other company 
locations. The investment in circuit equipment shall be maintained in 
the following subaccounts: 2232.1 Electronic and 2232.2 Optical.
    (b) This subaccount 2232.1 Electronic shall include the original 
cost of electronic circuit equipment.
    (c) This subaccount 2232.2 Optical shall include the original cost 
of optical circuit equipment.
    (d) Circuit equipment that converts electronic signals to optical 
signals or optical signals to electronic signals shall be categorized as 
electronic.
    (e) This account excludes carrier and auxiliary equipment and patch 
bays which are includable in Account 2231.2, Other Radio Facilities. 
This account also excludes such equipment which is an integral component 
of a major unit which is classifiable to other accounts.
    (f) Subsidiary record categories shall be maintained in order that 
the company may separately report the amounts contained herein that 
relate to digital and analog. Such subsidiary record categories shall be 
reported as required by part 43 of this Commission's Rules and 
Regulations.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5686, Feb. 6, 2002]



Sec. 32.2310  Information origination/termination.

    This account shall be used by Class B companies to record the 
original cost of information origination/termination equipment of the 
type and character required of Class A companies in Accounts 2311 
through 2362.



Sec. 32.2311  Station apparatus.

    (a) This account shall include the original cost of station 
apparatus, including teletypewriter equipment, telephone and 
miscellaneous equipment, small private branch exchanges and radio 
equipment (excluding mobile), installed for customer's use. Items 
included in this account shall remain herein until finally disposed of 
or until used in such manner as to warrant inclusion in other accounts.
    (b) Each company shall prepare a list of station apparatus which 
shall be used as its list of disposition units for this account, the 
cost of which when finally disposed of shall be credited to this account 
and charged to Account 3100, Accumulated Depreciation.
    (c) The cost of cross-connection boxes, distributing frames or other 
distribution points which are installed to terminate intrabuilding 
network cable shall be charged to Account 2426, Intrabuilding Network 
Cable.
    (d) Operator head sets and transmitters in central offices and at 
private branch exchanges, and test sets such as those used by wire 
chiefs, outside plant technicians, and others, shall be included in 
Account 2114, Tools and other work equipment, Account 2220, Operator 
systems, or Account 2341, Large Private Branch Exchanges, as 
appropriate.
    (e) Station apparatus for company official use shall be included in 
Account 2123, Office Equipment.
    (f) Periodic asset verification, as prescribed by generally accepted 
accounting principles, shall be taken of all station apparatus in stock 
that are included in this account. The number of such station apparatus 
items as determined by this verification together with the number of all 
other station apparatus items included in this account, shall be 
compared with the corresponding number of station apparatus items as 
shown by the respective control records. The original cost of any 
unreconciled differences thereby disclosed shall be adjusted through 
Account 3100, Accumulated Depreciation. Appropriate verifications shall 
be made at suitable intervals and necessary adjustments between this 
account and

[[Page 436]]

Account 3100 shall be made for all station apparatus included in this 
account.
    (g) Items of station apparatus in stock for which no further use in 
the ordinary conduct of the business is contemplated, but which as a 
precautionary measure are held for possible future contingencies instead 
of being discarded shall be excluded from this account and included in 
Account 1220, Inventories.
    (h) Embedded CPE is that equipment or inventory which was tariffed 
or otherwise subject to the jurisdictional separations process as of 
January 1, 1983.

[51 FR 43499, Dec. 2, 1986, as amended at 52 FR 6561, Mar. 4, 1987; 52 
FR 39535, Oct. 22, 1987; 59 FR 46930, Sept. 13, 1994; 64 FR 50007, Sept. 
15, 1999; 67 FR 5687, Feb. 6, 2002]



Sec. 32.2321  Customer premises wiring.

    (a) This account shall include all amounts transferred from the 
former Account 232, Station Connections, inside wiring subclass.
    (b) Embedded Customer Premises Wiring is that investment in customer 
premises wiring equipment or inventory which was capitalized prior to 
October 1, 1984.

[51 FR 43499, Dec. 2, 1986, as amended at 52 FR 6561, Mar. 4, 1987]



Sec. 32.2341  Large private branch exchanges.

    (a) This account shall include the original cost, including the cost 
of installation, of multiple manual private branch exchanges and of dial 
system private branch exchanges of types designed to accommodate 100 or 
more lines or which can normally be expanded to 100 or more lines, 
installed for customers' use. This account shall also include the 
original cost of other large installations of station equipment: (1) 
Which do not constitute stations, (2) which require special or 
individualized treatment because of their complexity, special design, or 
other distinctive characteristics, and (3) for which individual or other 
specialized cost records are appropriate. (Note also Account 2311, 
Station Apparatus.)
    (b) The cost of intrabuilding network cables including their 
associated cross-connection boxes, terminals, distributing frames, etc., 
is chargeable to Account 2426, Intrabuilding Network Cable.
    (c) The cost of outside plant, whether or not on private property, 
used with intrabuilding, network cable shall be charged to the 
appropriate outside plant accounts.
    (d)-(e) [Reserved]
    (f) Private branch exchanges for company official use shall be 
included in Account 2123, Office Equipment.
    (g) Embedded CPE is that equipment or inventory which is tariffed or 
otherwise subject to the jurisdictional separations process as of 
January 1, 1983. Inventories of large private branch exchanges equipment 
are included in Account 1220, Inventories.

[51 FR 43499, Dec. 2, 1986, as amended at 52 FR 6562, Mar. 4, 1987; 52 
FR 39535, Oct. 22, 1987; 59 FR 46930, Sept. 13, 1994]



Sec. 32.2351  Public telephone terminal equipment.

    (a) This account shall include the original cost of coinless, coin-
operated (including public and semi-public), credit card and pay 
telephone installed for use by the public.
    (b) This account shall also include the original cost of operating 
spares that are required to provide a continuity of service for public 
telephones. The operating spares shall not exceed six months supply in 
terms of turnover and be available to installers from locations in 
reasonable proximity to the location of the installed equipment.
    (c) The original cost of installing public telephone equipment shall 
not include the labor and minor materials costs of installing the public 
telephone equipment or premises wiring. These costs as well as the cost 
of replacing a public telephone shall be charged to Account 6351 Public 
Telephone Terminal Equipment Expense. The labor and minor materials 
costs of removal of public telephones will also be charged to Account 
6351.

[51 FR 43499, Dec. 2, 1986, as amended at 52 FR 29019, Aug. 5, 1987]



Sec. 32.2362  Other terminal equipment.

    (a) This account shall include the original cost of other Non-CPE 
terminal equipment not specifically provided for elsewhere and items 
such as specialized communications equipment

[[Page 437]]

provided to meet the needs of the disabled, over-voltage protection 
equipment, multiplexing equipment to deliver multiple channels to 
customers, etc.
    (b) Each company shall prepare a list of other terminal equipment 
which shall be used as its list of retirement units for this account, 
the cost of which when finally disposed of shall be credited to this 
account and charged to Account 3100, Accumulated Depreciation.



Sec. 32.2410  Cable and wire facilities.

    This account shall be used by Class B companies to record the 
original cost of cable and wire facilities of the type and character 
required of Class A companies in Accounts 2411 through 2441.



Sec. 32.2411  Poles.

    This account shall include the original cost of poles, crossarms, 
guys and other material used in the construction of pole lines and shall 
include the cost of towers when not associated with buildings. This 
account shall also include the cost of clearing pole line routes and of 
tree trimming but shall exclude the cost of maintaining previously 
cleared routes.



Sec. 32.2421  Aerial cable.

    (a) This account shall include the original cost of aerial cable and 
of drop and block wires served by such cable or aerial wire as well as 
the cost of other material used in construction of such plant. 
Subsidiary record categories, as defined below, are to be maintained for 
nonmetallic aerial cable and metallic aerial cable.
    (1) Nonmetallic cable. This subsidiary record category shall include 
the original cost of optical fiber cable and other associated material 
used in constructing a physical path for the transmission of 
telecommunications signals.
    (2) Metallic cable. This subsidiary record category shall include 
the original cost of single or paired conductor cable, wire and other 
associated material used in constructing a physical path for the 
transmission of telecommunications signals.
    (b) The cost of permits and privileges for the construction of cable 
and wire facilities shall be included in the account chargeable with 
such construction.



Sec. 32.2422  Underground cable.

    (a) This account shall include the original cost of underground 
cable installed in conduit and of other material used in the 
construction of such plant. Subsidiary record categories, as defined 
below, are to be maintained for nonmetallic underground cable and 
metallic underground cable.
    (1) Nonmetallic cable. This subsidiary record category shall include 
the original cost of optical fiber cable and other associated material 
used in constructing a physical path for the transmission of 
telecommunications signals.
    (2) Metallic cable. This subsidiary record category shall include 
the original cost of single or paired conductor cable, wire and other 
associated material used in constructing a physical path for the 
transmission of telecommunications signals.
    (b) The cost of pumping water out of manholes and of cleaning 
manholes and ducts in connection with construction work and the cost of 
permits and privileges for the construction of cable and wire facilities 
shall be included in the account chargeable with such construction.
    (c) The cost of drop and block wires served by underground cable 
shall be included in Account 2423, Buried Cable.
    (d) The cost of cables leading from the main distributing frame or 
equivalent to central office equipment shall be included in the 
appropriate switching, transmission or other operations asset account.



Sec. 32.2423  Buried cable.

    (a) This account shall include the original cost of buried cable as 
well as the cost of other material used in the construction of such 
plant. This account shall also include the cost of trenching for and 
burying cable run in conduit not classifiable to Account 2441, Conduit 
Systems. Subsidiary record categories, as defined below, are to be 
maintained for nonmetallic buried cable and metallic buried cable.
    (1) Nonmetallic cable. This subsidiary record category shall include 
the original cost of optical fiber cable and other

[[Page 438]]

associated material used in constructing a physical path for the 
transmission of telecommunications signals.
    (2) Metallic cable. This subsidiary record category shall include 
the original cost of single or paired conductor cable, wire and other 
associated material used in constructing a physical path for the 
transmission of telecommunications signals.
    (b) The cost of pumping water out of manholes and of cleaning 
manholes and ducts in connection with construction work and the cost of 
permits and privileges for the construction of cable and wire facilities 
shall be included in the account chargeable with such construction.



Sec. 32.2424  Submarine & deep sea cable.

    (a) This account shall include the original cost of submarine cable 
and deep sea cable and other material used in the construction of such 
plant. Subsidiary record categories, as defined below, are to be 
maintained for nonmetallic submarine and deep sea cable and metallic 
submarine and deep sea cable.
    (1) Nonmetallic cable. This subsidiary record category shall include 
the original cost of optical fiber cable and other associated material 
used in constructing a physical path for the transmission of 
telecommunications signals.
    (2) Metallic cable. This subsidiary record category shall include 
the original cost of single or paired conductor cable, wire and other 
associated material used in constructing a physical path for the 
transmission of telecommunications signals.
    (b) The cost of permits and privileges for the constructon of cable 
and wire facilities shall be included in the account chargeable with 
such construction.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5687, Feb. 6, 2002]



Sec. 32.2426  Intrabuilding network cable.

    (a) This account shall include the original cost of cables and wires 
located on the company's side of the demarcation point or standard 
network interface inside subscribers' buildings or between buildings on 
one customer's same premises. Intrabuilding network cables are used to 
distribute network access facilities to equipment rooms, cross-
connection or other distribution points at which connection is made with 
customer premises wiring. Subsidiary record categories, as defined 
below, are to be maintained for nonmetallic intrabuilding network cable 
and metallic intrabuilding network cable.
    (1) Nonmetallic cable. This subsidiary record category shall include 
the original cost of optical fiber cable and other associated material 
used in constructing a physical path for the transmission of 
telecommunications signals.
    (2) Metallic cable. This subsidiary record category shall include 
the original cost of single or paired conductor cable, wire and other 
associated material used in constructing a physical path for the 
transmission of telecommunications signals.
    (b) The cost of pumping water out of manholes and of cleaning 
manholes and ducts in connection with construction work and the cost of 
permits and privileges for the construction of cable and wire facilities 
shall be included in the account chargeable with such construction.
    (c) Intrabuilding network cable does not include the cost of cables 
or wires which are classifiable as network terminating wire, nor the 
cables or wires from the demarcation point or standard network interface 
to subscribers' stations.



Sec. 32.2431  Aerial wire.

    (a) This account shall include the original cost of bare line wire 
and other material used in the construction of such plant.
    (b) The cost of permits and privileges for the construction of cable 
and wire facilities shall be included in the account chargeable with 
such construction.
    (c) The cost of drop and block wires served by aerial wire shall be 
included in Account 2421, Aerial Cable.



Sec. 32.2441  Conduit systems.

    (a) This account shall include the original cost of conduit, whether 
underground, in tunnels or on bridges, which is reusable in place. It 
shall also include the cost of opening trenches

[[Page 439]]

and of any repaving necessary in the construction of conduit plant.
    (b) The cost of pumping water out of manholes and of cleaning 
manholes and ducts in connection with construction work and the cost of 
permits and privileges for the construction of cable and wire facilities 
shall be included in the account chargeable with such construction.
    (c) The cost of protective covering for buried cable shall be 
charged to Account 2423, Buried Cable, as appropriate, unless such 
protective covering is reusable in place. The amounts thus charged shall 
be included in the nonmetallic buried cable or metallic buried cable 
subsidiary record category, as appropriate.
    (d) The cost of pipes or other protective covering for underground 
drop and block wires shall be included in Account 2421, Aerial Cable, or 
Account 2423, Buried Cable, as appropriate. The amounts thus charged 
shall be included in the nonmetallic or metallic subsidiary record 
category, as appropriate.



Sec. 32.2680  Amortizable tangible assets.

    This account shall be used by Class B carriers to record amounts for 
property acquired under capital leases and the original cost of 
leasehold improvements of the type of character required of Class A 
companies in Accounts 2681 and 2682.



Sec. 32.2681  Capital leases.

    (a) This account shall include all property acquired under a capital 
lease. A lease qualifies as a capital lease when one or more of the 
following criteria is met:
    (1) By the end of the lease term, ownership of the leased property 
is transferred to the leasee.
    (2) The lease contains a bargain purchase option.
    (3) The lease term is substantially (75% or more) equal to the 
estimated useful life of the leased property. However, if the beginning 
of the lease term falls within the last 25% of the total estimated 
economic life of the leased property, including earlier years of use, 
this criterion shall not be used for purposes of classifying the lease.
    (4) At the inception of the lease, the present value of the minimum 
lease payments, excluding that portion of the payments representing 
executory costs to be paid by the lessor, including any profit thereon, 
equals or exceeds 90% or more of the fair value of the leased property. 
However, if the beginning of the lease term falls within the last 25% of 
the total estimated economic life of the leased property, including 
earlier years of use, this criterion shall not be used for purposes of 
classifying the lease.
    (b) All other leases are operating leases.
    (c) The amounts recorded in this account at the inception of a 
capital lease shall be equal to the original cost, if known, or to the 
present value not to exceed fair value, at the beginning of the lease 
term, of minimum lease payments during the lease term, excluding that 
portion of the payments representing executory costs to be paid by the 
lessor, together with any profit thereon.



Sec. 32.2682  Leasehold improvements.

    (a) This account shall include the original cost of leasehold 
improvements made to telecommunications plant held under a capital or 
operating lease, which are subject to amortization treatment. This 
account shall also include those improvements which will revert to the 
lessor.
    (b) Improvements to leased telecommunications plant which are of a 
relatively minor cost or short life or for which the period of the lease 
is one year or less shall be charged to the account chargeable with the 
cost of repairs to such plant.
    (c) Amounts contained in this account shall be amortized over the 
term of the related lease. The amortization associated with the costs 
recorded in the Leasehold improvement account will be credited directly 
to this asset account, leaving a balance representing the unamortized 
cost.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5687, Feb. 6, 2002]

    Effective Date Note: At 69 FR 53649, Sept. 2, 2004, Sec. 32.2682 
was amended by revising paragraph (c), effective Mar. 2, 2005. For the 
convenience of the user, the revised text is set forth as follows:

[[Page 440]]

Sec. 32.2682  Leasehold improvements.

                                * * * * *

    (c) Amounts contained in this account shall be amortized over the 
term of the related lease. For Class A companies, except mid-sized 
incumbent local exchange carriers, the amortization associated with the 
costs recorded in the Leasehold improvement account will be credited 
directly to this asset account, leaving a balance representing the 
unamortized cost.



Sec. 32.2690  Intangibles.

    (a) This account shall include the cost of organizing and 
incorporating the company, the original cost of government franchises, 
the original cost of patent rights, and other intangible property having 
a life of more than one year and used in connection with the company's 
telecommunications operations.
    (b) Class A companies, except mid-sized incumbent local exchange 
carriers, shall maintain subsidiary records for general purpose computer 
software and for network software. Subsidiary records for this account 
shall also include a description of each class of all other tangible 
property.
    (c) The cost of other intangible assets, not including software, 
having a life of one year or less shall be charged directly to Account 
6560, Depreciation and Amortization Expense. Such intangibles acquired 
at small cost may also be charged to Account 6560, irrespective of their 
term of life. The cost of software having a life of one year or less 
shall be charged directly to the applicable expense account with which 
the software is associated.
    (d) The amortization associated with the costs recorded in the 
Intangibles account will be credited directly to this asset account, 
leaving a balance representing the unamortized cost.
    (e) This account shall not include any discounts on securities 
issued, nor shall it include costs incident to negotiating loans, 
selling bonds or other evidences of debt, or expenses in connection with 
the authorization, issuance, sale or resale of capital stock.
    (f) When charges are made to this account for expenses incurred in 
mergers, consolidations, or reorganizations, amounts previously included 
in this account on the books of the various companies concerned shall 
not be carried over.
    (g) Franchise taxes payable annually or more frequently shall be 
charged to Account 7240, Operating other taxes.
    (h) This account shall not include the cost of plant, material and 
supplies, or equipment furnished to municipalities or other governmental 
authorities when given other than as initial consideration for 
franchises or similar rights. (Note also Account 6720, General & 
administrative).
    (i) This account shall not include the original cost of easements, 
rights of way, and similar rights in land having a term of more than one 
year. Such amounts shall be recorded in Account 2111, Land, or in the 
appropriate outside plant account (see Accounts 2411 through 2441), or 
in the appropriate central office account (see Accounts 2211 through 
2232).

[67 FR 5687, Feb. 6, 2002]

    Effective Date Note: At 69 FR 53649, Sept. 2, 2004, Sec. 32.2690 
was amended by revising paragraph (c), effective Mar. 2, 2005. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 32.2690  Intangibles.

                                * * * * *

    (c) The cost of other intangible assets, not including software, 
having a life of one year or less shall be charged directly to Account 
6564, Amortization expense--intangible. Such intangibles acquired at 
small cost may also be charged to Account 6564, irrespective of their 
term of life. The cost of software having a life of one year or less 
shall be charged directly to the applicable expense account with which 
the software is associated.

                                * * * * *



Sec. 32.3000  Instructions for balance sheet accounts--Depreciation and 
amortization.

    (a) Depreciation and Amortization Subsidiary Records:
    (1) Subsidiary record categories shall be maintained for each class 
of depreciable telecommunications plant in Account 3100 for which there 
is a prescribed depreciation rate. (See also Sec. 32.2000(g)(1)(iii) of 
this subpart.)

[[Page 441]]

    (2) Subsidiary records shall be maintained for Accounts 2005, 2682, 
2690, and 3410 in accordance with Sec. 32.2000(h)(4).
    (b) Depreciation and Amortization Accounts to be Maintained by Class 
A and Class B telephone companies, as indicated:

------------------------------------------------------------------------
                                                  Class A      Class B
                 Account title                    account      account
------------------------------------------------------------------------
Depreciation and amortization:
    Accumulated depreciation..................         3100         3100
    Accumulated depreciation--Held for future          3200         3200
     telecommunications use...................
    Accumulated depreciation--Nonoperating....         3300         3300
    Accumulated amortization--Capitalized              3410         3410
     leases...................................
------------------------------------------------------------------------


[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 46930, Sept. 13, 1994; 
67 FR 5687, Feb. 6, 2002]

    Effective Date Note: At 69 FR 53649, Sept. 2, 2004, Sec. 32.3000 
was amended by revising paragraph (b), effective Mar. 2, 2005. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 32.3000  Instructions for balance sheet accounts--Depreciation and 
          amortization.

                                * * * * *

    (b) Depreciation and Amortization Accounts to be Maintained by Class 
A and Class B telephone companies, as indicated.

------------------------------------------------------------------------
                                              Class A         Class B
              Account title                   account         account
------------------------------------------------------------------------
Depreciation and amortization:
    Accumulated depreciation............            3100            3100
    Accumulated depreciation--Held for              3200            3200
     future telecommunications use......
    Accumulated depreciation--                      3300            3300
     Nonoperating.......................
    Accumulated depreciation--Tangible..  ..............            3400
    Accumulated depreciation--                      3410  ..............
     Capitalized leases.................
------------------------------------------------------------------------



Sec. 32.3100  Accumulated depreciation.

    (a) This account shall include the accumulated depreciation 
associated with the investment contained in Account 2001, 
Telecommunications Plant in Service.
    (b) This account shall be credited with depreciation amounts 
concurrently charged to Account 6560, Depreciation and amortization 
expenses. (Note also Account 3300, Accumulated Depreciation--
Nonoperating.)
    (c) At the time of retirement of depreciable operating 
telecommunications plant, this account shall be charged with the 
original cost of the property retired plus the cost of removal and 
credited with the salvage value and any insurance proceeds recovered.
    (d) This account shall be credited with amounts charged to Account 
1438, Deferred maintenance, retirements, and other deferred charges, as 
provided in Sec. 32.2000(g)(4). This account shall be credited with 
amounts charged to Account 6560 with respect to other than relatively 
minor losses in service values suffered through terminations of service 
when charges for such terminations are made to recover the losses.

51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5687, Feb. 6, 2002]

    Effective Date Note: At 69 FR 53649, Sept. 2, 2004, Sec. 32.3100 
was amended by revising paragraphs (b) and (d), effective Mar. 2, 2005. 
For the convenience of the user, the revised text is set forth as 
follows:

Sec. 32.3100  Accumulated depreciation.

                                * * * * *

    (b) This account shall be credited with depreciation amounts 
concurrently charged to Account 6561, Depreciation expense--
telecommunications plant in service. (Note also Account 3300, 
Accumulated depreciation--nonoperating.)

                                * * * * *

    (d) This account shall be credited with amounts charged to Account 
1438, Deferred

[[Page 442]]

maintenance, retirements, and other deferred charges, as provided in 
Sec. 32.2000(g)(4) of this subpart. This account shall be credited with 
amounts charged to Account 6561 with respect to other than relatively 
minor losses in service values suffered through terminations of service 
when charges for such terminations are made to recover the losses.



Sec. 32.3200  Accumulated depreciation--held for future telecommunications 
use.

    (a) This account shall include the accumulated depreciation 
associated with the investment contained in Account 2002, Property Held 
for Future Telecommunications Use.
    (b) This account shall be credited with amounts concurrently charged 
to Account 6560, Depreciation and amortization expenses.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5688, Feb. 6, 2002]

    Effective Date Note: At 69 FR 53649, Sept. 2, 2004, Sec. 32.3200 
was amended by revising paragraph (b), effective Mar. 2, 2005. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 32.3200  Accumulated depreciation--held for future 
          telecommunications use.

                                * * * * *

    (b) This account shall be credited with amounts concurrently charged 
to Account 6562, Depreciation expense--property held for future 
telecommunications use.



Sec. 32.3300  Accumulated depreciation--nonoperating.

    (a) This account shall include the accumulated amortization and 
depreciation associated with the investment contained in Account 2006, 
Nonoperating Plant.
    (b) This account shall be credited with amortization and 
depreciation amounts concurrently charged to Account 7300, Nonoperating 
income and expense.
    (c) When nonoperating plant not previously used in 
telecommunications service is disposed of, this account shall be charged 
with the amount previously credited hereto with respect to such property 
and the book cost of the property so retired less the amount chargeable 
to this account and less the value of the salvage recovered or the 
proceeds from the sale of the property shall be included in Account 
7300, Nonoperating income and expense. In case the property had been 
used in telecommunications service previous to its inclusion in Account 
2006, Nonoperating Plant, the amount accrued for depreciation thereon 
after its retirement from telecommunications service shall be charged to 
this account and credited to Account 3100, Accumulated depreciation, and 
the accounting for its retirement from Account 2006 shall be in 
accordance with that applicable to telecommunications plant retired.

[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 46930, Sept. 13, 1994; 
67 FR 5688, Feb. 6, 2002]



Sec. 32.3400  Accumulated amortization--tangible.

    This account shall be used by Class B companies to record 
accumulated amortization of the type and character required of Class A 
companies in Accounts 3410 and 3420.

    Effective Date Note: At 69 FR 53649, Sept. 2, 2004, Sec. 32.3400 
was revised, effective Mar. 2, 2005. For the convenience of the user, 
the revised text is set forth as follows:

Sec. 32.3400  Accumulated amortization--tangible.

    (a) This account shall be used by Class B companies and shall 
include:
    (1) the accumulated amortization associated with the investment 
contained in Account 2681, Capital leases.
    (2) the accumulated amortization associated with the investment 
contained in Account 2682, Leasehold improvements.
    (b) This account shall be credited with amounts for the amortization 
of capital leases and leasehold improvements concurrently charged to 
Account 6563, Amortization expense--tangible. (Note also Account 3300, 
Accumulated depreciation--nonoperating.)
    (c) When any item carried in Account 2681 or Account 2682 is sold, 
is relinquished, or is otherwise retired from service, this account 
shall be charged with the cost of the retired item. Remaining amounts 
associated with the item shall be debited to Account 7100, Other 
operating income and expenses, or Account 7300, Nonoperating income and 
expense, as appropriate.



Sec. 32.3410  Accumulated amortization--capitalized leases.

    (a) This account shall include the accumulated amortization 
associated

[[Page 443]]

with the investment contained in Account 2681, Capital Leases.
    (b) This account shall be credited with amounts for the amortization 
of capital leases concurrently charged to Account 6560, Depreciation and 
amortization expenses. (Note also Account 3300, Accumulated 
Depreciation-- Nonoperating.)
    (c) When any item carried in Account 2681 is sold, is relinquished, 
or is otherwise retired from service, this account shall be charged with 
the cost of the retired item. Remaining amounts associated with the item 
shall be debited to Account 7100, Other operating income and expenses, 
or Account 7300, Nonoperating income and expense, as appropriate.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5688, Feb. 6, 2002]

    Effective Date Note: At 69 FR 53649, Sept. 2, 2004, Sec. 32.3410 
was amended by revising paragraph (b), effective Mar. 2, 2005. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 32.3410  Accumulated amortization--capitalized leases.

                                * * * * *

    (b) This account shall be credited with amounts for the amortization 
of capital leases concurrently charged to Account 6563, Amortization 
expense--tangible. (Note also Account 3300, Accumulated depreciation--
nonoperating.)

                                * * * * *



Sec. 32.3999  Instructions for balance sheet accounts--liabilities and 
stockholders' equity.

 Liabilities and Stockholders' Equity Accounts To Be Maintained by Class
                    A and Class B Telephone Companies
------------------------------------------------------------------------
                                                  Class A      Class B
                 Account title                    account      account
------------------------------------------------------------------------
Current liabilities:
    Current accounts and notes payable........         4000         4000
    Customer's Deposits.......................         4040         4040
    Income taxes--accrued.....................         4070         4070
    Other taxes--accrued......................         4080         4080
    Net Current Deferred Nonoperating Income           4100         4100
     Taxes....................................
    Net Current Deferred Nonoperating Income           4110         4110
     Taxes....................................
    Other current liabilities.................         4130         4130
Long-term debt:
    Long Term debt and Funded debt............         4200         4200
Other liabilities and deferred credits:
    Other liabilities and deferred credits....         4300         4300
    Unamortized operating investment tax               4320         4320
     credits--net.............................
    Unamortized nonoperating investment tax            4330         4330
     credits--net.............................
    Net noncurrent deferred operating income           4340         4340
     taxes....................................
    Net deferred tax liability adjustments....         4341         4341
    Net noncurrent deferred nonoperating               4350         4350
     income taxes.............................
    Deferred tax regulatory adjustments--net..         4361         4361
    Other jurisdictional liabilities and               4370         4370
     deferred credits--net....................
Stockholder's equity:
    Capital stock.............................         4510         4510
    Additional paid-in capital................         4520         4520
    Treasury stock............................         4530         4530
    Other capital.............................         4540         4540
    Retained earnings.........................         4550         4550
------------------------------------------------------------------------


[67 FR 5688, Feb. 6, 2002]



Sec. 32.4000  Current accounts and notes payable.

    (a) This account shall include:(1) All amounts currently due to 
others for recurring trade obligations, and not provided for in other 
accounts, such as those for traffic settlements, material and supplies, 
repairs to telecommunications plant, matured rents, and interest payable 
under monthly settlements on short-term loans, advances, and open 
accounts. It shall also include amounts of taxes payable that have been 
withheld from employees' salaries.

[[Page 444]]

    (2) Accounts payable arising from sharing of revenues.
    (3) The face amount of notes, drafts, and other evidences of 
indebtedness issued or assumed by the company (except interest coupons) 
which are payable on demand or not more than one year or less from date 
of issue.
    (b) If any part of an obligation, otherwise includable in this 
account matures more than one year from date of issue, it shall be 
included in Account 4200, Long term debt and funded debt, or other 
appropriate account.
    (c) The records supporting the entries to this account shall be kept 
so that the company can furnish complete details as to each note, when 
it is issued, the consideration received, and when it is payable.
    (d) Subsidiary record categories shall be maintained for this 
account in order that the company may separately report the amounts 
contained herein that relate to nonaffiliates and affiliates. Such 
subsidiary record categories shall be reported as required by part 43 of 
this chapter.

[67 FR 5688, Feb. 6, 2002]



Sec. 32.4040  Customers' deposits.

    (a) This account shall include the amount of cash deposited with the 
company by customers as security for the payment for telecommunications 
service.
    (b) Advance payments made by prospective customers prior to the 
establishment of service shall be credited to Account 4130, Other 
current liabilities.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5689, Feb. 6, 2002]



Sec. 32.4070  Income taxes--accrued.

    (a) This account shall be credited or charged and the following 
accounts shall be charged or credited with the offsetting amount of 
current year income taxes (Federal, state and local) accrued during the 
period or adjustments to prior accruals: 7220 Operating Federal Income 
Taxes, 7230 Operating State and Local Income Taxes, 7400 Nonoperating 
Taxes, 7600 Extraordinary Items.
    (b) If significant, current year income taxes paid in advance shall 
be reclassified to Account 1280, Prepayments.

[67 FR 5689, Feb. 6, 2002]



Sec. 32.4080  Other taxes--accrued.

    (a) This account shall be credited or charged and Account 7240, 
Operating Other Taxes, or 7400, Nonoperating Taxes, or, for payroll 
related costs, the appropriate expense accounts shall be charged or 
credited for all taxes, other than Federal, State and local income 
taxes, accrued or adjusted for previous accruals during the period. 
Among the taxes includable in this account are property, gross receipts, 
franchise, capital stock, social security and unemployment taxes.
    (b) Taxes paid in advance of the period in which they are chargeable 
to income shall be included in the prepaid taxes Account 1280, 
Prepayments, or 1410, Other Noncurrent Assets, as appropriate.

[67 FR 5689, Feb. 6, 2002]



Sec. 32.4100  Net current deferred operating income taxes.

    (a) This account shall include the balance of income tax expense 
related to current items from regulated operations which have been 
deferred to later periods as a result of the normalized method of 
accounting for tax differentials authorized by this Commission and not 
provided for elsewhere.
    (b) As regulated assets or liabilities which generated the deferred 
income tax are reclassified from long-term or noncurrent status to 
current, the appropriate deferred income tax shall be reclassified from 
Account 4340, Net Noncurrent Deferred Operating Income Taxes, to this 
account.
    (c) This account shall be debited or credited with the amount being 
debited or credited to Account 7250, Provision For Deferred Operating 
Income Taxes--Net, in accordance with that account's description and 
Sec. 32.22 of subpart B.
    (d) The classification of deferred income taxes as current or 
noncurrent shall follow the classification of the asset or liability 
that gave rise to the deferred income tax. If there is no related asset 
or liability, classification shall be based on the expected turnaround 
of the temporary differences.

[[Page 445]]

    (e) Subsidiary record categories shall be maintained in order that 
the company may separately report the amounts contained herein that are 
property related and those that are nonproperty related. Such subsidiary 
record categories shall be reported as required by Part 43 of this 
Commission's Rules and Regulations.

[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 9419, Feb. 28, 1994]



Sec. 32.4110  Net current deferred nonoperating income taxes.

    (a) This account shall include the balance of income tax expense 
resulting from comprehensive interpreted tax allocation which has been 
deferred to later periods.
    (b) As other assets or liabilities which generated the deferred 
income tax are reclassified from long-term or noncurrent status to 
current, the appropriate deferred income tax shall be reclassified from 
Account 4350, Net Noncurrent Deferred Nonoperating Income Taxes, to this 
account.
    (c) This account shall be debited or credited with the amount being 
credited or debited to Account 7400, Nonoperating taxes, in accordance 
with that account's description and Sec. 32.22.
    (d) This account shall also include the balance of the income taxes 
(Federal, state and local) related to current extraordinary items which 
have been deferred to later periods resulting from comprehensive 
interperiod tax allocation.
    (e) As the extraordinary item which generated the deferred income 
tax becomes current, the appropriate deferred income tax shall be 
reclassified from Account 4350, Net Noncurrent Deferred Nonoperating 
Income Taxes, to this account.
    (f) This account shall be debited or credited with the amount being 
credited and debited to Account 7600, Extraordinary Items.
    (g) The classification of deferred income taxes as current or 
noncurrent shall follow the classification of the asset or liability 
that gave rise to deferred income tax. If there is no related asset or 
liability, classification shall be based on the expected turnaround of 
the temporary differences.
    (h) Subsidiary record categories shall be maintained in order that 
the company may separately report the amounts contained herein that are 
property related and those that are nonproperty related. Such subsidiary 
record categories shall be reported as required by part 43 of this 
Commission's Rules and Regulations.

[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 9419, Feb. 28, 1994; 67 
FR 5689, Feb. 6, 2002]



Sec. 32.4130  Other current liabilities.

    This account shall include:
    (a) The amount of advance billing creditable to revenue accounts in 
future months; also advance payments made by prospective customers prior 
to the establishment of service. Amounts included in this account shall 
be credited to the appropriate revenue accounts in the months in which 
the service is rendered or cleared from this account as refunds are 
made.
    (b) The amount (including any obligations for premiums) of long-term 
debt matured and unpaid without any specific agreement for extension of 
maturity, including unpresented bonds drawn for redemption through the 
operation of sinking and redemption fund agreements.
    (c) The current portion of obligations applicable to property 
obtained under capital leases.
    (d) The amount of wages, compensated absences, interest on 
indebtedness of the company, dividends on capital stock, and rents 
accrued to the date for which the balance sheet is made, but not payable 
until after that date. Accruals shall be maintained so as to show 
separately the amount and nature of the items accrued to the date of the 
balance sheet.
    (e) Matured rents, dividends, interest payable under monthly 
settlements on short-term loans, advances, and open accounts shall be 
included in Account 4000.
    (f) All other liabilities of current character which are not 
included in Account 4000 through 4110.

[67 FR 5689, Feb. 6, 2002]



Sec. 32.4200  Long term debt and funded debt.

    (a) This account shall include:

[[Page 446]]

    (1) The total face amount of unmatured debt maturing more than one 
year from date of issue, issued by the company and not retired, and the 
total face amount of similar unmatured debt of other companies, the 
payment of which has been assumed by the company, including funded debt 
the maturity of which has been extended by specific agreement. This 
account shall also include such items as mortgage bonds, collateral 
trust bonds, income bonds, convertible debt, debt securities with 
detachable warrants and other similar obligations maturing more than one 
year from date of issue.
    (2) The premium associated with all classes of long-term debt. 
Premium, as applied to securities issued or assumed by the company, 
means the excess of the current money value received at their sale over 
the sum of their book or face amount and interest or dividends accrued 
at the date of the sale.
    (3) The discount associated with all classes of long-term debt. 
Discount, as applied to securities issued or assumed by the company, 
means the excess of the book or face amount of the securities plus 
interest or dividends accrued at the date of the sale over the current 
money value of the consideration received at their sale.
    (4) The face amount of debt reacquired prior to maturity that has 
not been retired. Gain or loss shall be recognized at the time of 
reacquisition by credits or charges to Account 7300, Nonoperating income 
and expense, except that material gains or losses shall be treated as 
extraordinary. (See Account 7600, Extraordinary items.)
    (5) The noncurrent portion of obligations applicable to property 
obtained under capital leases. Amounts subject to current settlement 
shall be included in Account 4130, Other current liabilities.
    (6) The amount of advance from affiliated companies. Amounts due 
affiliated companies which are subject to current settlement shall be 
included in Account 4000.
    (7) Investment advances, including those represented by notes.
    (8) Long-term debt not provided for elsewhere.
    (b) Subsidiary records shall be maintained for each issue. The 
subsidiary records shall identify the premium or discount attributable 
to each issue.
    (c) Premiums and discounts on long-term debt recorded in this 
account shall be amortized monthly by the interest method and charged or 
credited, as appropriate, to Account 7500, Interest and related items.
    (d) Debt securities with detachable warrants shall be accounted for 
in accordance with generally accepted accounting principles.
    (e) Securities maturing in one year or less, including securities 
maturing serially, shall be included in Account 4130, Other current 
liabilities.

[67 FR 5689, Feb. 6, 2002]



Sec. 32.4300  Other long-term liabilities and deferred credits.

    (a) This account shall include amounts accrued to provide for such 
items as unfunded pensions (if actuarially determined), death benefits, 
deferred compensation costs and other long-term liabilities not provided 
for elsewhere. Subsidiary records shall be maintained to identify the 
nature of these items.
    (b) This account shall include the amount of all deferred credits 
not provided for elsewhere, such as amounts awaiting adjustment between 
accounts; and revenue, expense, and income items in suspense.

[67 FR 5690, Feb. 6, 2002]



Sec. 32.4320  Unamortized operating investment tax credits--net.

    (a) This account shall be credited and Account 7210, Operating 
Investment Tax Credits--Net, should be debited with investment tax 
credits generated from qualified expenditures related to regulated 
operations which the company defers rather than recognizes currently in 
income.
    (b) This account shall be debited and Account 7210 credited with a 
proportionate amount determined in relation to the period of time used 
for computing book depreciation on the property to which the tax credit 
relates.

[[Page 447]]



Sec. 32.4330  Unamortized nonoperating investment tax credits--net.

    (a) This account shall be credited and Account 7400, Nonoperating 
Taxes, shall be debited with investment tax credits generated from 
qualified expenditures related to other operations which the company has 
elected to defer rather than recognize currently in income.
    (b) This account shall be debited and Account 7400 credited with a 
proportionate amount determined in relation to the useful book life of 
the property to which the tax credit relates.

[67 FR 5690, Feb. 6, 2002]



Sec. 32.4340  Net noncurrent deferred operating income taxes.

    (a) This account shall include the balance of income tax expense 
related to noncurrent items from regulated operations which have been 
deferred to later periods as a result of comprehensive interperiod tax 
allocation related to temporary differences that arise from regulated 
operations.
    (b) This account shall be credited or debited, as appropriate, and 
Account 7250, Provision for Deferred Operating Income Taxes--Net, shall 
reflect the offset for the tax effect of revenues and expenses from 
regulated operations which have been included in the determination of 
taxable income, but which will not be included in the determination of 
book income or for the tax effect of revenues and expenses from 
regulated operations which have been included in the determination of 
book income prior to the inclusion in the determination of taxable 
income.
    (c) As regulated assets or liabilities which generated the prepaid 
income tax or deferred income tax are reclassified from long-term or 
noncurrent status to current status, the appropriate deferred income tax 
shall be reclassified from this account to Account 4100, Net Current 
Deferred Operating Income Taxes.
    (d) The classification of deferred income taxes as current or 
noncurrent shall follow the classification of the asset or liability 
that gave rise to the deferred income tax. If there is no related asset 
or liability, classification shall be based on the expected turnaround 
of the temporary difference.
    (e) Subsidiary record categories shall be maintained in order that 
the company may separately report the amounts contained herein that are 
property related and those that are nonproperty related. Such subsidiary 
record categories shall be reported as required by Part 43 of this 
Commission's Rules and Regulations.

[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 9419, Feb. 28, 1994]



Sec. 32.4341  Net deferred tax liability adjustments.

    (a) This account shall include the portion of deferred income tax 
charges and credits pertaining to Account 32.4361, Deferred tax 
regulatory adjustments--net.
    (b) This account shall be used to record adjustments to the 
accumulated deferred tax liabilities recorded in Accounts 4100 and 4340 
for:
    (1) Tax effects of temporary differences accounted for under the 
flow-through method or treated as permanent differences.
    (2) Reclassification attributable to changes in tax rates (Federal, 
state and local). As tax rates increase or decrease, the offsetting 
debit or credit will be recorded in Account 4361 as required by 
paragraph (a) of this section.
    (3) The tax effects of carryforward net operating losses and 
carryforward investment tax credits expected to reduce future taxes 
payable that are reported in published financial statements.
    (4) Reversals of the tax effects of carryforward net operating 
losses and carryforward investment tax credits previously recorded in 
this account at the time they become recognized as reductions in current 
taxable income and current taxes payable on tax returns.
    (c) This account shall be exempt from the vintage year detail record 
requirements of Sec. 32.22(e)(2).

[59 FR 9419, Feb. 28, 1994, as amended at 67 FR 5690, Feb. 6, 2002]

[[Page 448]]



Sec. 32.4350  Net noncurrent deferred nonoperating income taxes.

    (a) This account shall include the balance of income tax expense 
(Federal, state, and local) that has been deferred to later periods as a 
result of comprehensive interperiod allocation related to nonoperating 
differences.
    (b) This account shall be credited or debited, as appropriate, and 
Account 7400, Nonoperating Taxes, shall reflect the offset for the tax 
effect of revenues from other operations and extraordinary items and 
nonoperating expenses which have been included in the determination of 
taxable income, but which will not be included in the determination of 
book income or for the tax effect of nonoperating expenses and 
extraordinary items and nonoperating income which have been included in 
the determination of book income prior to the inclusion in the 
determination of taxable income.
    (c) As other assets or liabilities which generated the prepaid 
income tax or deferred income tax are reclassified from long-term or 
non-current status to current status, the appropriate deferred income 
tax shall be reclassified from this account to account 4110, Net Current 
Deferred Nonoperating Income Taxes.
    (d) This account shall also include the balance of the income tax 
effect (Federal, State and local) related to noncurrent extraordinary 
items which have been included in the determination of taxable income in 
a period different from when it is included in the determination of book 
income, that is, more than one year.
    (e) This account shall be charged or credited with the contra amount 
recorded to Account 7600, Extraordinary items, in accordance with Sec. 
32.22.
    (f) As the extraordinary item which generated the deferred income 
tax becomes current, the appropriate deferred income tax shall be 
reclassified from this account to Account 4110, Net Current Deferred 
Nonoperating Income Taxes.
    (g) The classificaiton of deferred income taxes as current or 
noncurrent shall follow the classification of the asset or liability 
that gave rise to the deferred income tax. If there is no related asset 
or liability, classification shall be based on the expected turnaround 
of the temporary difference.
    (h) Subsidiary record categories shall be maintained in order that 
the company may separately report the amounts contained herein that are 
property related and those that are nonproperty related. Such subsidiary 
record categories shall be reported as required by part 43 of this 
Commission's Rules and Regulations.

[51 FR 43499, Dec. 2, 1986, as amended at 59 FR 9419, Feb. 28, 1994; 67 
FR 5690, Feb. 6, 2002]



Sec. 32.4361  Deferred tax regulatory adjustments--net.

    (a) This account shall include amounts of probable future revenue 
for the recovery of future increases in taxes payable and amounts of 
probable future revenue reductions attributable to future decreases in 
taxes payable. As reductions or reversals occur, amounts recorded in 
this account shall be reduced or increased, with a contra entry being 
made to Account 4341, Net deferred tax liability adjustments.
    (b) This account shall also be adjusted for the impact of 
prospective tax rate changes on the deferred tax liability for those 
temporary differences underlying its existing balance.

[67 FR 5690, Feb. 6, 2002]



Sec. 32.4370  Other jurisdictional liabilities and deferred credits--net.

    This account shall include the cumulative impact on liabilities and 
deferred credits of the jurisdictional ratemaking practices which vary 
from those of this Commission. All entries recorded in this account 
shall be recorded net of any applicable income tax effects and shall be 
supported by appropriate subsidiary records where necessary as provided 
for in Sec. 32.13 of subpart B.



Sec. 32.4510  Capital stock.

    (a) This account shall include the par value, stated amount, or in 
the case of no-par stock, the amount received for capital stock issued 
and outstanding.
    (b) Subsidiary records shall be maintained so as to show separately 
each class of stock.

[[Page 449]]

    (c) This account shall be charged with the book amount of any stock 
retired.



Sec. 32.4520  Additional paid-in capital.

    (a) This account shall include the difference between the net 
proceeds (including discount, premium and stock issuance expense) 
received from the issuance of capital stock and the amount includable in 
Account 4510, Capital Stock, unless such difference results in a debit 
balance for that class of stock, in which case the amount shall be 
charged to Account 4550, Retained Earnings.
    (b) This account shall also include gains arising from the 
retirement and cancellation of capital stock. Losses from the retirement 
and cancellation of capital stock shall be charged to this account to 
the extent that there exist credits in this account for the same class 
of stock; otherwise to Account 4550.



Sec. 32.4530  Treasury stock.

    This account shall include the cost of the company's own capital 
stock which has been issued and subsequently reacquired but not retired 
or resold.



Sec. 32.4540  Other capital.

    This account shall include amounts which are credits arising from 
the donation by stockholders of the company's capital stock, capital 
recorded upon the reorganization or recapitalization of the company and 
temporary declines in the value of marketable securities held for 
investment purposes. (See also Account 1410, Other noncurrent assets).

[67 FR 5690, Feb. 6, 2002]



Sec. 32.4550  Retained earnings.

    (a) This account shall include the undistributed balance of retained 
earnings derived from the operations of the company and from all other 
transactions not includable in the other accounts appropriate for 
inclusion of stockholders' equity.
    (b) Subsidiary records shall be maintained wherein are recorded all 
entries to retained earnings during the year such that the detail of the 
entries may be disclosed to the Commission.



               Subpart D_Instructions For Revenue Accounts



Sec. 32.4999  General.

    (a) Purpose of revenue accounts. The revenue accounts are intended 
to include the actual cash inflows (or equivalents) that have or will 
occur as a result of the company's ongoing major or central operations 
during the period. They will include the revenues which arise from 
furnishing regulated telecommunications services to others, from 
directory advertising, rentals of telecommunications assets and from 
providing other services which are directly associated with the 
provision of regulated telecommunications services.
    (b) Deductions from revenue. Corrections of overcharges, authorized 
refunds of overcollections previously credited to revenue, authorized 
refunds and adjustments on account of failure in service, and other 
corrections shall be charged to the revenue account previously credited 
with the amounts involved.
    (c) Commissions. Commissions paid to others or employees in place of 
compensation or salaries for services rendered, such as public telephone 
commissions, shall be charged to Account 6620 Services, and not to the 
revenue accounts. Other commissions shall be charged to the appropriate 
expense accounts.
    (d) Revenue recognition. Credits shall be made to the appropriate 
revenue accounts when such revenue is actually earned. When the billing 
cycle encompasses more than one accounting period, adjustments are 
necessary to properly recognize the revenue applicable to the current 
accounting period under report. Revenues recorded under the terms of 
two-tier contracts or other variable payment plans should be deferred, 
if necessary, and recognized ratably with expenses over the terms of the 
related contract. Any amounts deferred shall be credited to Account 
4300, Other long-term liabilities and deferred credits.
    (e) Contractual arrangements. Charges and credits resulting from 
activities associated with the provisions of regulated 
telecommunications services

[[Page 450]]

shall be recorded in a manner consistent with the nature of the 
underlying contractual arrangements. The charges and credits resulting 
from expense sharing or apportionment arrangements associated with the 
provision of regulated telecommunications services shall be recorded in 
the detailed regulated accounts. Charges and credits resulting from 
revenue settlement agreements or other revenue pooling arrangements 
associated with the provision of regulated telecommunications services 
shall be included in the appropriate revenue accounts. Those charges and 
credits resulting from contractual revenue pooling and/or sharing 
agreements shall be recorded in each prescribed revenue account and 
prescribed subsidiary record categories thereof to the extent that each 
is separately identifiable in the settlement process. It is not intended 
that settlement amounts be allocated or generally spread to the 
individual revenue accounts where they are not separately identifiable 
in the settlement process. When the settlement amounts are not 
identifiable by a revenue account they shall be recorded in Account 
5060, Other basic area revenue, 5105, Long distance message revenue, or 
5200, Miscellaneous revenue, as appropriate.
    (f) Subsidiary records--jurisdictional subdivisions. Subsidiary 
record categories shall be maintained in order that the company may 
separately report revenues derived from charges imposed under 
intrastate, interstate and international tariff filings. Such subsidiary 
record categories shall be reported as required by part 43 of this 
Commission's Rules and Regulations.
    (g) Structure of revenue accounts. (1) The revenue section of the 
system of accounts shall be organized by revenue group summary account, 
account and subsidiary record category (if required).
    (2) The revenue section of this system of accounts shall be 
comprised of six major groups--Local Network Services Revenues, Network 
Access Services Revenues, Long Distance Network Services Revenues, 
Miscellaneous Revenues, Nonregulated revenues, and Uncollectible 
Revenues, which shall be considered as a revenue group for the purposes 
of the construction of the system.
    (3) Accounts shall be maintained as prescribed in this Section 
subject to the conditions described in section 32.13 of subpart B. In 
certain instances, subsidiary record categories may be required below 
the account level by this system of accounts or by Commission order.
    (h) Local Network Services revenues. Local Network Services revenues 
(Accounts 5001 through 5060) shall include revenues derived from the 
provision of service and equipment entirely within the basic service 
area. That area is defined as the normal boundaries for local calling 
plus Extended Area Service (EAS) boundaries as they apply to that 
service. It includes revenues derived from both local private network 
service and local public network services as well as from customer 
premises facilities services. Local revenues include associated charges 
such as one-time service connection or termination charges and secondary 
features such as call waiting.
    (i) Network Access revenues. (1) Network Access revenues (Accounts 
5081-5083) shall include revenues derived from the provision of exchange 
access services to an interexchange carrier or to an end user of 
telecommunications services beyond the exchange carrier's network.
    (2) Billing and collections service provided under exchange access 
tariffs shall be included in the Miscellaneous Revenues Group.
    (j) Long Distance Network Service revenues. Long Distance Network 
Service revenues shall include revenues derived from the provision of 
services beyond the basic service area, whether message or flat-rate and 
including public network switching as well as private.
    (k) Miscellaneous revenues. Miscellaneous revenues are those 
revenues derived from the provision of regulated products and services 
provided under tariff or contract but not contained elsewhere. They 
shall also include operating revenue derived from activities performed 
incident to the company's tariffed telecommunications operations which, 
though non-tariffed, are included in the regulatory process.

[[Page 451]]

    (l) Nonregulated revenues. The nonregulated revenue account shall be 
used for nonregulated operating revenues when a nonregulated activity 
involves the common or joint use of assets or resources in the provision 
of regulated and nonregulated products or services as required in Sec. 
32.23(c) of this subpart. Revenues from nontariffed activities offered 
incidental to tariffed services may be accounted for as regulated 
revenues, provided the activities are outgrowths of regulated operations 
and the revenues do not exceed, in the aggregate, one percent of total 
revenues for three consecutive years. Such activities must be listed in 
the Commission-approved Cost Allocation Manual for any company required 
to file a Cost Allocation Manual.
    (m) Uncollectible revenues. Uncollectible revenues shall include 
amounts originally credited to the revenue accounts which have proved 
impracticable of collection.
    (n) Revenue accounts to be maintained.

------------------------------------------------------------------------
                                                     Class A    Class B
                   Account title                     account    account
------------------------------------------------------------------------
Local network services revenues:
    Basic local service revenue...................  .........       5000
    Basic area revenue............................       5001  .........
    Private line revenue..........................       5040  .........
    Other basic area revenue......................       5060  .........
Network access service revenues:
    End user revenue..............................       5081       5081
    Switched access revenue.......................       5082       5082
    Special access revenue........................       5083       5083
Long distance network services revenues:
    Long distance message revenue.................       5105       5105
Miscellaneous revenues:
    Miscellaneous revenue.........................       5200       5200
Nonregulated revenues:
    Nonregulated operating revenue................       5280       5280
Uncollectible revenues:
    Uncollectible revenue.........................       5300       5300
------------------------------------------------------------------------


[51 FR 43499, Dec. 2, 1986, as amended at 53 FR 49322, Dec. 7, 1988; 59 
FR 46930, Sept. 13, 1994; 64 FR 50008, Sept. 15, 1999; 67 FR 5690, Feb. 
6, 2002]

    Effective Date Note: At 69 FR 53649, Sept. 2, 2004, Sec. 32.4999 
was amended by revising paragraphs (c), (f) and (n), effective Mar. 2, 
2005. For the convenience of the user, the revised text is set forth as 
follows:

Sec. 32.4999  General.

                                * * * * *

    (c) Commissions. Commissions paid to others or employees in place of 
compensation or salaries for services rendered, such as public telephone 
commissions, shall be charged to Account 6623, Customer services, and 
not to the revenue accounts. Other commissions shall be charged to the 
appropriate expense accounts.

                                * * * * *

    (f) Subsidiary records--jurisdictional subdivisions and 
interconnection. Subsidiary record categories shall be maintained in 
order that the company may separately report revenues derived from 
charges imposed under intrastate, interstate and international tariff 
filings. Class A carriers shall also maintain subsidiary record 
categories in order that the companies may separately report 
interconnection revenues derived from the following categories: 
Unbundled network element revenues, Resale revenues, Reciprocal 
compensation revenues, and Other interconnection revenues. Such 
subsidiary record categories shall be reported as required by part 43 of 
this Commission's Rules and Regulations.

                                * * * * *

    (n) Revenue accounts to be maintained.

------------------------------------------------------------------------
                                              Class A         Class B
              Account title                   account         account
------------------------------------------------------------------------
Local network services revenues:
    Basic local service revenue.........  ..............            5000
    Basic area revenue..................            5001  ..............
    Private line revenue................            5040  ..............
    Other basic area revenue............            5060  ..............
Network access service revenues:
    End user revenue....................            5081            5081
    Switched access revenue.............            5082            5082
    Special access revenue..............            5083            5083
Long distance network services revenues:
    Long distance message revenue.......            5100            5100
Miscellaneous revenues:
    Miscellaneous revenue...............            5200            5200
    Directory revenue...................            5230  ..............

[[Page 452]]

 
Nonregulated revenues:
    Nonregulated operating revenue......            5280            5280
Uncollectible revenues:
    Uncollectible revenue...............            5300            5300
------------------------------------------------------------------------



Sec. 32.5000  Basic local service revenue.

    Class B telephone companies shall use this account for revenues of 
the type and character required of Class A companies in Accounts 5001 
through 5060.

[67 FR 5691, Feb. 6, 2002]



Sec. 32.5001  Basic area revenue.

    (a) This account shall include revenue derived from the provision of 
the following:
    (1) Basic area message services such as flat rate services and 
measured services. Included is revenue derived from non-optional 
extended area services. Also included is revenue derived from the billed 
or guaranteed portion of semi-public services.
    (2) Optional extended area service.
    (3) Cellular mobile telecommunications systems connected to the 
public switched network placed between mobile units and other stations 
within the mobile service area.
    (4) General radio telecommunications systems connected to the public 
switched network placed between mobile units and other stations within 
the mobile service area, as well as revenue from mobile radio paging, 
mobile dispatching, and signaling services.
    (b) Revenue derived from charges for nonpublished number or 
additional and boldfaced listings in the alphabetical section of the 
company's telephone directories shall be included in Account 5200, 
Miscellaneous revenue.
    (c) Revenue from private mobile telephone services which do not have 
access to the public switched network shall be included in Account 5200, 
Miscellaneous revenue.

[67 FR 5691, Feb. 6, 2002]

    Effective Date Note: At 69 FR 53650, Sept. 2, 2004, Sec. 32.5001 
was amended by revising paragraph (b), effective Mar. 2, 2005. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 32.5001  Basic area revenue.

                                * * * * *

    (b) Revenue derived from charges for nonpublished number or 
additional and boldfaced listings in the alphabetical section of the 
company's telephone directories shall be included in account 5230, 
Directory revenue.

                                * * * * *



Sec. 32.5002  Optional extended area revenue.

    This account shall include total revenue derived from the provision 
of optional extended area service.



Sec. 32.5003  Cellular mobile revenue.

    This account shall include message revenue derived from cellular 
mobile telecommunications systems connected to the public switched 
network placed between mobile units and other stations within the mobile 
service area.



Sec. 32.5040  Private line revenue.

    This account shall include revenue derived from local services that 
involve dedicated circuits, private switching arrangements, and/or 
predefined transmission paths, whether virtual or physical, which 
provide communications between specific locations (e.g., point-to-point 
communications. It includes revenue from subvoice grade, voice grade, 
audio and video program grade, digital transmission and local private 
network switching as well as the revenue from administrative and 
operational support services associated with private network services 
and facilities, e.g., charges for company-directed testing, expedited 
installation, and service restoration priority.



Sec. 32.5060  Other basic area revenue.

    This account shall include:
    (a) Revenue from the provision of secondary features which are 
integrated with the telecommunications

[[Page 453]]

network such as call forwarding, call waiting and touch-tone line 
service. Also included is revenue derived from the provision of public 
announcement and other record message services, directory assistance and 
other call completion services (excluding operator assisted basic long 
distance calls), as well as revenue derived from central office related 
service connection and termination charges, and other non-premise 
customer specific charges associated with public network services. This 
account shall also include local revenue not provided for in other 
accounts.
    (b) Charges and credits resulting from contractual revenue pooling 
and/or sharing agreements for tariffed local network services only when 
they are not separately identifiable by local network services revenue 
accounts in the settlement process. (See also Sec. 32.4999(e)). To the 
extent that the charges and credits resulting from a settlement process 
can be identified by Local Network Services Revenue account they shall 
be recorded in the applicable account.
    (c) Revenue derived from tariffed information origination/
termination plant. Included is revenue derived from the provision under 
leasing arrangements of tariffed customer premises equipment (CPE), 
terminal equipment, station apparatus and large private branch exchanges 
as well as tariffed nonrecurring charges related solely to station 
apparatus. Also included are all tariffed charges for customer premises 
activities and facilities not related solely to station apparatus.

[67 FR 5691, Feb. 6, 2002]



Sec. 32.5081  End user revenue.

    (a) This account shall contain federally and state tariffed monthly 
flat rate charge assessed upon end users.
    (b) Subsidiary record categories shall be maintained in order that 
the company may separately report amounts related to federal and state 
tariffed charges.

[67 FR 5692, Feb. 6, 2002]



Sec. 32.5082  Switched access revenue.

    (a) This account shall consist of federally and state tariffed 
charges assessed to interexchange carriers for access to local exchange 
facilities.
    (b) Subsidiary record categories shall be maintained in order that 
the company may separately report the amounts contained herein that 
relate to limited pay telephone, carrier common line, line termination, 
local switching, intercept, information, common transport and dedicated 
transport. The subsidiary records shall also separately show the federal 
and state tariffed charges. Such subsidiary record categories shall be 
reported as required by part 43 of this chapter.

[67 FR 5692, Feb. 6, 2002]



Sec. 32.5083  Special access revenue.

    (a) This account shall include all federally and state tariffed 
charges assessed for other than end user or switched access charges 
referred to in Account 5081, End user revenue, and Account 5082, 
Switched access revenue.
    (b) Subsidiary record categories shall be maintained in order that 
the company may separately report the amounts contained herein that 
relate to recurring charges, nonrecurring charges and surcharges. The 
subsidiary records shall also separately show the federal and state 
tariffed charges. Such subsidiary record categories shall be reported as 
required by part 43 of this chapter.

[67 FR 5692, Feb. 6, 2002]



Sec. 32.5100  Long distance message revenue.

    This account shall include revenue derived from message services 
that terminate beyond the basic service area of the originating wire 
center and are individually priced. This includes those message services 
which utilize the public long distance switching network and the basic 
subscriber access line. It also includes those long distance calls 
placed from mobile and public telephones, as well as any charges for 
operator assistance or special billing directly related to the 
completion of a specific call. This account shall also include revenue 
derived from individually priced message services offered under calling 
plans (discounted long distance) which do not utilize dedicated access 
lines, as well as those

[[Page 454]]

priced at the basic long distance rates where a discounted toll charge 
is on a per message basis. Any revenue derived from monthly or one-time 
charges for obtaining calling plan services shall be included in this 
account. This account includes revenue derived from the following 
services:
    (a) Long distance services which permit unidirectional calls to a 
subscriber from specified services areas (multipoint-to-point service). 
These calls require the use of dedicated access lines connecting a 
subscriber's premises and a designated central office. These dedicated 
access lines are generally separate from those required for the 
subscriber to place outward calls. The call is billed to the subscriber 
even though it is generally initiated by the subscriber's customer or 
correspondent.
    (b) Long distance services which permit the subscriber to place 
telephone calls from one location to other specified service areas 
(point-to-multipoint service). These calls are completed without 
operator assistance and require the use of a dedicated access line. The 
dedicated access line is generally separate from those required for 
inward message services and cannot be used to place calls within the 
basic service area or calls outside the selected service areas. Outward 
calls are screened and blocked to determine whether the calls are within 
an authorized service area.
    (c) Services extending beyond the basic service area that involve 
dedicated circuits, private switching arrangements, and/or predefined 
transmission paths, whether virtual or physical, which provide 
communications between specific locations (e.g., point-to-point 
communications). Service connection charges, termination charges, 
rearrangements and changes, etc., shall be included in this account. 
Revenue derived from associated administrative and operational support 
services shall also be included in this account.
    (1) Narrow-band analog private network circuits and facilities 
furnished exclusively for record forms of communications, such as 
teletypewriter, teletypesetter, telewriter, ticker, Morse, signaling, 
remote metering, and supervisory services.
    (2) Private network circuits and facilities (including multipurpose 
wide-band) which provide voice grade services for the transmission of 
analog signals. It includes revenue from services such as voice, data 
and telephoto communication, as well as remote metering, supervisory 
control, miscellaneous signaling and channels furnished for the purpose 
of extending customer--provided communications systems. It includes 
revenue from the provision of facilities between customer premises and a 
serving office, a carrier distribution point, or an extension 
distribution channel.
    (3) Private network circuits and facilities furnished for audio 
program transmission purposes, such as radio broadcasting, sound 
recording (wired music) and loud speaker services. It includes revenue 
from the provision of facilities for the transmission of analog signals 
between customer premises and a serving office, a carrier distribution 
point, or an extension distribution channel furnished in connection with 
such services. It also includes revenue from facilities furnished to 
carry the audio portion of a television program if furnished under 
separate audio rates. If the rate for television program services 
includes both the picture and sound portion of the transmission, the 
revenue shall also be included in this account.
    (4) Private network circuits and facilities furnished for television 
program transmission purposes, such as commercial broadcast and 
educational or private television services. It includes revenue from the 
provision of facilities for the transmission of analog signals between 
customer premises and a serving office, a carrier distribution point, or 
an extension distribution channel furnished in connection with such 
services. It also includes revenue from both the picture and sound 
portions of transmission for television program service when provided 
under a combined rate schedule.
    (5) The provision of circuits and facilities for the transmission of 
digital signals only.
    (6) The provision of common user channels and switching capabilities 
used for the transmission of telecommunication signals between three

[[Page 455]]

(3) or more points in the network. Also included is revenue derived from 
the provision of basic switching and transfer arrangements used to 
connect private line channels.
    (7) Charges and credits resulting from contractual revenue pooling 
and/or sharing agreements for tariffed long distance public network 
services and for tariffed long distance private network services.

[67 FR 5692, Feb. 6, 2002]



Sec. 32.5200  Miscellaneous revenue.

    This account shall include revenue derived from the following:
    (a) Alphabetical and classified sections of directories including 
fees paid by other entities for the right to publish the company's 
directories. It includes the classified section of the directories, the 
sale of new telephone directories whether they are the company's own 
directories or directories purchased from others. It also includes 
revenue from the sale of specially bound telephone directories and 
special telephone directory covers; amounts charged for additional and 
boldface listings, marginal displays, inserts, and other advertisements 
in the alphabetical of the company's telephone directories; and charges 
for unlisted and non-published telephone numbers.
    (b) Rental or subrental to others of telecommunications plant 
furnished apart from telecommunications services rendered by the company 
(This revenue includes taxes when borne by the lessee). It includes 
revenue from the rent of such items as space in conduit, pole line space 
for attachments, and any allowance for return on property used in joint 
operations and shared facilities agreements. The expense of maintaining 
and operating the rented property, including depreciation and insurance, 
shall be included in the appropriate operating expense accounts. Taxes 
applicable to the rented property shall be included by the owner of the 
rented property in appropriate tax accounts. When land or buildings are 
rented on an incidental basis for non-telecommunications use, the rental 
and expenses are included in Account 7300, Nonoperating income and 
expense.
    (c) Services rendered to other companies under a license agreement, 
general services contract, or other arrangement providing for the 
furnishing of general accounting, financial, legal, patent, and other 
general services associated with the provision of regulated 
telecommunications services.
    (d) The provision, either under tariff or through contractual 
arrangements, of special billing information to customers in the form of 
magnetic tapes, cards or statements. Special billing information 
provides detail in a format and/or at a level of detail not normally 
provided in the standard billing rendered for the regulated telephone 
services utilized by the customer.
    (e) The performance of customer operations services for others 
incident to the company's regulated telecommunications operations which 
are not provided for elsewhere. (See also Sec. Sec. 32.14(e) and 
32.4999(e)).
    (f) Contract services (plant maintenance) performed for others 
incident to the company's regulated telecommunications operations. This 
includes revenue from the incidental performance of nontariffed 
operating and maintenance activities for others which are similar in 
nature to those activities which are performed by the company in 
operating and maintaining its own telecommunications plant facilities. 
The records supporting the entries in this account shall be maintained 
with sufficient particularity to identify the revenue and associated 
Plant Specific Operations Expenses related to each undertaking. This 
account does not include revenue related to the performance of operation 
or maintenance activities under a joint operating agreement.
    (g) The provision of billing and collection services to other 
telecommunications companies. This includes amounts charged for services 
such as message recording, billing, collection, billing analysis, and 
billing information services, whether rendered under tariff or 
contractual arrangements.
    (h) Charges and credits resulting from contractual revenue pooling 
and/or sharing agreements for activities included in the miscellaneous 
revenue

[[Page 456]]

accounts only when they are not identifiable by miscellaneous revenue 
account in the settlement process. (See also Sec. 32.4999(e)). The 
extent that the charges and credits resulting from a settlement process 
can be identified by miscellaneous revenue accounts they shall be 
recorded in the applicable account.
    (i) The provision of transport and termination of local 
telecommunications traffic pursuant to section 251(c) and part 51 of 
this chapter.
    (j) The provision of unbundled network elements pursuant to section 
251(c) of the Communications Act and part 51 of this chapter.
    (k) This account shall also include other incidental regulated 
revenue such as:
    (1) Collection overages (collection shortages shall be charged to 
Account 6620, Services.)
    (2) Unclaimed refunds for telecommunications services when not 
subject to escheats;
    (3) Charges (penalties) imposed by the company for customer checks 
returned for non-payment;
    (4) Discounts allowed customers for prompt payment;
    (5) Late-payment charges;
    (6) Revenue from private mobile telephone services which do not have 
access to the public switched network; and
    (7) Other incidental revenue not provided for elsewhere in other 
Revenue accounts.
    (l) Any definitely known amounts of losses of revenue collections 
due to fire or theft, at customers' coin-box stations, at public or 
semipublic telephone stations, in the possession of collectors en route 
to collection offices, on hand at collection offices, and between 
collection offices and banks shall be charged to Account 6720, General 
and Administrative.

[67 FR 5693, Feb. 6, 2002; 67 FR 9221, Feb. 28, 2002]

    Effective Date Note: At 69 FR 53650, Sept. 2, 2004, Sec. 32.5200 
was revised, effective Mar. 2, 2005. For the convenience of the user, 
the revised text is set forth as follows:

Sec. 32.5200  Miscellaneous revenue.

    This account shall include revenue derived from the following 
sources. For Class B companies, this account shall also include revenue 
of the type and character required of Class A companies in Account 5230, 
Directory revenue.
    (a) Rental or subrental to others of telecommunications plant 
furnished apart from telecommunications services rendered by the company 
(this revenue includes taxes when borne by the lessee). It includes 
revenue from the rent of such items as space in conduit, pole line space 
for attachments, and any allowance for return on property used in joint 
operations and shared facilities agreements. The expense of maintaining 
and operating the rented property, including depreciation and insurance, 
shall be included in the appropriate operating expense accounts. Taxes 
applicable to the rented property shall be included by the owner of the 
rented property in appropriate tax accounts. When land or buildings are 
rented on an incidental basis for non-telecommunications use, the rental 
and expenses are included in Account 7300, Nonoperating income and 
expense.
    (b) Services rendered to other companies under a license agreement, 
general services contract, or other arrangement providing for the 
furnishing of general accounting, financial, legal, patent, and other 
general services associated with the provision of regulated 
telecommunications services. (See also Account 5230.)
    (c) The provision, either under tariff or through contractual 
arrangements, of special billing information to customers in the form of 
magnetic tapes, cards or statements. Special billing information 
provides detail in a format and/or at a level of detail not normally 
provided in the standard billing rendered for the regulated telephone 
services utilized by the customer.
    (d) The performance of customer operations services for others 
incident to the company's regulated telecommunications operations which 
are not provided for elsewhere. (See also Sec. Sec. 32.14(e) and 
32.4999(e)).
    (e) Contract services (plant maintenance) performed for others 
incident to the company's regulated telecommunications operations. This 
includes revenue from the incidental performance of nontariffed 
operating and maintenance activities for others which are similar in 
nature to those activities which are performed by the company in 
operating and maintaining its own telecommunications plant facilities. 
The records supporting the entries in this account shall be maintained 
with sufficient particularity to identify the revenue and associated 
Plant Specific Operations Expenses related to each undertaking. This 
account does not include revenue related to the performance of operation 
or maintenance activities under a joint operating agreement.
    (f) The provision of billing and collection services to other 
telecommunications companies. This includes amounts charged for services 
such as message recording, billing,

[[Page 457]]

collection, billing analysis, and billing information services, whether 
rendered under tariff or contractual arrangements.
    (g) Charges and credits resulting from contractual revenue pooling 
and/or sharing agreements for activities included in the miscellaneous 
revenue accounts only when they are not identifiable by miscellaneous 
revenue account in the settlement process. (See also Sec. 32.4999(e)). 
The extent that the charges and credits resulting from a settlement 
process can be identified by miscellaneous revenue accounts they shall 
be recorded in the applicable account.
    (h) The provision of transport and termination of local 
telecommunications traffic pursuant to section 251(c) of the 
Communications Act and part 51 of this chapter.
    (i) The provision of unbundled network elements pursuant to section 
251(c) of the Communications Act and part 51 of this chapter.
    (j) This account shall also include other incidental regulated 
revenue such as:
    (1) Collection overages (collection shortages shall be charged to 
Account 6623, Customer services);
    (2) Unclaimed refunds for telecommunications services when not 
subject to escheats;
    (3) Charges (penalties) imposed by the company for customer checks 
returned for non-payment;
    (4) Discounts allowed customers for prompt payment;
    (5) Late-payment charges;
    (6) Revenue from private mobile telephone services which do not have 
access to the public switched network; and
    (7) Other incidental revenue not provided for elsewhere in other 
Revenue accounts.
    (k) Any definitely known amounts of losses of revenue collections 
due to fire or theft, at customers' coin-box stations, at public or 
semipublic telephone stations, in the possession of collectors en route 
to collection offices, on hand at collection offices, and between 
collection offices and banks shall be charged to Account 6720, General 
and Administrative.



Sec. 32.5230  Directory revenue.

    This account shall include revenue derived from alphabetical and 
classified sections of directories and shall also include fees paid by 
other entities for the right to publish the company's directories. Items 
to be included are:
    (a) All revenue derived from the classified section of the 
directories;
    (b) Revenue from the sale of new telephone directories whether they 
are the company's own directories or directories purchased from others. 
This shall also include revenue from the sale of specially bound 
telephone directories and special telephone directory covers;
    (c) Amounts charged for additional and boldface listings, marginal 
displays, inserts, and other advertisements in the alphabetical section 
of the company's telephone directories; and
    (d) Charges for unlisted and non-published telephone numbers.

[69 FR 44607, July 27, 2004]



Sec. 32.5280  Nonregulated operating revenue.

    (a) This account shall include revenues derived from a nonregulated 
activity involving the common or joint use of assets or resources in the 
provision of regulated and nonregulated products or services.
    (b) This account shall be debited and regulated revenue accounts 
shall be credited at tariffed rates when tariffed services are provided 
to nonregulated activities that are accounted for as prescribed in Sec. 
32.23(c) of this subpart.
    (c) Separate subsidiary record categories shall be maintained for 
two groups of nonregulated revenue as follows: one subsidiary record for 
all revenues derived from regulated services treated as nonregulated for 
federal accounting purposes pursuant to Commission order and the second 
for all other revenues derived from a nonregulated activity as set forth 
in paragraph (a) of this section.

[53 FR 49322, Dec. 7, 1988, as amended at 64 FR 50008, Sept. 15, 1999; 
67 FR 5694, Feb. 6, 2002]



Sec. 32.5300  Uncollectible revenue.

    This account shall be charged with amounts concurrently credited to 
Account 1170, Receivables.

[67 FR 5694, Feb. 6, 2002]



               Subpart E_Instructions for Expense Accounts



Sec. 32.5999  General.

    (a) Structure of the expense accounts. (1) The expense section of 
the system of accounts shall be organized by expense group summary 
account, and subsidiary record category (if required).
    (2) The expense section of this system of accounts shall be 
comprised of four

[[Page 458]]

major expense groups--Plant Specific Operations, Plant Nonspecific 
Operations, Customer Operations and Corporate Operations. Expenses to be 
recorded in Plant Specific and Plant Nonspecific Operations Expense 
Groups generally reflect cost associated with the various kinds of 
equipment identified in the plant asset accounts. Expenses to be 
recorded in the Customer Operations and Corporate Operations accounts 
reflect the costs of, or are associated with, functions performed by 
people, irrespective of the organization in which any particular 
function is performed.
    (3) Accounts shall be maintained as prescribed in this section 
subject to the conditions described in Sec. 32.13 in subpart B. 
Subsidiary record categories may be required below the account level by 
this system of accounts or by Commission order.
    (b) Plant Specific Operations Expense. (1) The Plant Specific 
Operations Expense Accounts, 6110 through 6441, are used to record costs 
related to specific kinds of telecommunications plant.
    (2) The Plant Specific Operations Expense accounts predominantly 
mirror the telecommunications plant in service detail accounts and are 
numbered consistently with them; the first digit of the expense account 
being six (6) and the remaining digits being the same as the last three 
numbers of the related plant account. In classifying Plant Specific 
Operations expenses, the text of the corresponding plant account should 
be consulted to ensure appropriateness.
    (3) The Plant Specific Operations Expense accounts shall include the 
costs of inspecting, testing (except as specified in Account 6533, 
Testing Expense) and reporting on the condition of telecommunications 
plant to determine the need for repairs, replacements, rearrangements 
and changes; performing routine work to prevent trouble (except as 
specified in Account 6533), replacing items of plant other than 
retirement units; rearranging and changing the location of plant not 
retired; repairing material for reuse; restoring the condition of plant 
damaged by storms, floods, fire or other casualties (other than the cost 
of replacing retirement units); inspecting after repairs have been made; 
and receiving training to perform these kinds of work. Also included are 
the costs of direct supervision (immediate of first-level) and office 
support of this work.
    (4) In addition to the activities specified in paragraph (b)(3) of 
this section, the appropriate Plant Specific Operations Expense accounts 
shall include the cost of personnel whose principal job is the operation 
of plant equipment, such as general purpose computer operators, aircraft 
pilots, chauffeurs and shuttle bus drivers. However, when the operation 
of equipment is performed as part of other identifiable functions (such 
as the use of office equipment, capital tools or motor vehicles) the 
operators' cost shall be charged to accounts appropriate for those 
functions. (For costs of operator services personnel, see Account 6620, 
Services, and for costs of test board personnel see Account 6533.)
    (c) Plant nonspecific operations expense. The Plant Nonspecific 
Operations Expense accounts shall include expenses related to property 
held for future telecommunications use, provisioning expenses, network 
operations expenses, and depreciation and amortization expenses. 
Accounts in this group (except for Account 6540, Access expense, and 
Account 6560, Depreciation and amortization expense) shall include the 
costs of performing activities described in narratives for individual 
accounts. These costs shall also include the costs of supervision and 
office support of these activities.
    (d) Customer Operations Expense. The Customer Operations Expense 
accounts shall include the cost of performing customer related marketing 
and services activities described in narratives for individual accounts. 
These costs shall also include the costs of supervision, office support 
and training for these activities.
    (e) Corporate Operations Expense. The Corporate Operations Expense 
accounts shall include the costs of performing executive and planning 
activities and general and administrative activities described in 
narratives for individual accounts. These costs shall also include the 
costs of supervision, office support and training for these activities.

[[Page 459]]

    (f) Reimbursements. Reimbursements of actual costs incurred in 
connection with joint operations or projects repairing plant due to 
damages by others, and obligations to make changes in telecommunications 
plant (such as highway relocations), shall be credited to the accounts 
originally charged.
    (g) Expense accounts to be maintained.

------------------------------------------------------------------------
                                                  Class A      Class B
                 Account title                    account      account
------------------------------------------------------------------------
           Income statement accounts
 
Plant specific operations expense:
    Network support expense...................  ...........         6110
    Motor vehicle expense.....................         6112  ...........
    Aircraft expense..........................         6113  ...........
    Tools and other work equipment expense....         6114  ...........
    General support expenses..................  ...........         6120
    Land and building expenses................         6121  ...........
    Furniture and artworks expense............         6122  ...........
    Office equipment expense..................         6123  ...........
    General purpose computers expense.........         6124  ...........
    Central office switching expense..........  ...........         6210
    Non-digital switching expense.............         6211  ...........
    Digital electronic switching expense......         6212  ...........
    Operators system expense..................         6220         6220
    Central office transmission expenses......  ...........         6230
    Radio systems expense.....................         6231  ...........
    Circuit equipment expense.................         6232  ...........
    Information origination/termination         ...........         6310
     expense..................................
    Station apparatus expense.................         6311  ...........
    Large private branch exchange expense.....         6341  ...........
    Public telephone terminal equipment                6351  ...........
     expense..................................
    Other terminal equipment expense..........         6362  ...........
    Cable and wire facilities expenses........  ...........         6410
    Poles expense.............................         6411  ...........
    Aerial cable expense......................         6421  ...........
    Underground cable expense.................         6422  ...........
    Buried cable expense......................         6423  ...........
    Submarine and deep sea cable expense......         6424  ...........
    Intrabuilding network cable expense.......         6426  ...........
    Aerial wire expense.......................         6431  ...........
    Conduit systems expense...................         6441  ...........
Plant nonspecific operations expense:
    Other property plant and equipment          ...........         6510
     expenses.................................
    Property held for future                           6511  ...........
     Telecommunications use expense...........
    Provisioning expense......................         6512  ...........
    Network operations expenses...............  ...........         6530
    Power expense.............................         6531  ...........
    Network administration expense............         6532  ...........
    Testing expense...........................         6533  ...........
    Plant operations administration expense...         6534  ...........
    Engineering expense.......................         6535  ...........
    Access expense............................         6540         6540
    Depreciation and amortization expenses....         6560         6560
Customer operations expense:
    Marketing.................................  ...........         6610
    Product management and sales..............         6611
    Product advertising.......................         6613
    Services..................................         6620         6620
Corporate operations expense:
    General and administrative................         6720         6720
    Provision for uncollectible notes                  6790         6790
     receivable...............................
------------------------------------------------------------------------


[51 FR 43499, Dec. 2, 1986, as amended at 52 FR 7580, Mar. 12, 1987; 64 
FR 50008, Sept. 15, 1999; 65 FR 16335, Mar. 28, 2000; 67 FR 5694, Feb. 
6, 2002]

    Effective Date Note: At 69 FR 53651, Sept. 2, 2004, Sec. 32.5999 
was amended by revising paragraphs (b)(4), (c) and (g), effective Mar. 
2, 2005. For the convenience of the user, the revised text is set forth 
as follows:



Sec. 32.5999  General.

                                * * * * *

    (b) * * *

[[Page 460]]

    (4) In addition to the activities specified in paragraph (b)(3) of 
this section, the appropriate Plant Specific Operations Expense accounts 
shall include the cost of personnel whose principal job is the operation 
of plant equipment, such as general purpose computer operators, aircraft 
pilots, chauffeurs and shuttle bus drivers. However, when the operation 
of equipment is performed as part of other identifiable functions (such 
as the use of office equipment, capital tools or motor vehicles), the 
operators' cost shall be charged to accounts appropriate for those 
functions. (For costs of operator services personnel, see Accounts 6621, 
Call completion services, and 6622, Number services, and for costs of 
test board personnel see Account 6533.)
    (c) Plant nonspecific operations expense. The Plant Nonspecific 
Operations Expense accounts shall include expenses related to property 
held for future telecommunications use, provisioning expenses, network 
operations expenses, and depreciation and amortization expenses. 
Accounts in this group (except for Account 6540, Access expense, and 
Accounts 6560 through 6565) shall include the costs of performing 
activities described in narratives for individual accounts. These costs 
shall also include the costs of supervision and office support of these 
activities.

                                * * * * *

    (g) Expense accounts to be maintained.

------------------------------------------------------------------------
                                              Class A         Class B
              Account title                   account         account
------------------------------------------------------------------------
                        Income Statement Accounts
------------------------------------------------------------------------
Plant specific operations expense:
    Network support expense.............................................
    Motor vehicle expense...............................................
    Aircraft expense....................................................
    Tools and other work equipment expense..............................
    General support expenses............................................
    Land and building expenses..........................................
    Furniture and artworks expense......................................
    Office equipment expense............................................
    General purpose computers expense...................................
    Central office switching expense....................................
    Non-digital switching expense.......................................
    Digital electronic switching expense................................
    Operators system expense............................................
    Central office transmission expenses................................
    Radio systems expense...............................................
    Circuit equipment expense...........................................
    Information origination/termination expense.........................
    Station apparatus expense...........................................
    Large private branch exchange expense...............................
    Public telephone terminal equipment expense.........................
    Other terminal equipment expense....................................
    Cable and wire facilities expenses..................................
    Poles expense.......................................................
    Aerial cable expense................................................
    Underground cable expense...........................................
    Buried cable expense................................................
    Submarine and deep sea cable expense................................
    Intrabuilding network cable expense.................................
    Aerial wire expense.................................................
    Conduit systems expense.............................................
Plant nonspecific operations expense:
    Other property plant and equipment expenses.........................
    Property held for future telecommunications use expense.............
    Provisioning expense................................................
    Network operations expenses.........................................
    Power expense.......................................................
    Network administration expense......................................
    Testing expense.....................................................
    Plant operations administration expense.............................
    Engineering expense.................................................
    Access expense......................................................
    Depreciation and amortization expenses..............................
    Depreciation expense--telecommunications plant in service...........
    Depreciation expense--property held for future telecommunications
     use................................................................
    Amortization expense--tangible......................................
    Amortization expense--intangible....................................
    Amortization expense--other.........................................
Customer operations expense:

[[Page 461]]

 
    Marketing...........................................................
    Product management and sales........................................
    Product advertising.................................................
    Services............................................................
    Call completion services............................................
    Number services.....................................................
    Customer services...................................................
Corporate operations expense:
    General and administrative..........................................
    Provision for uncollectible notes receivable........................
------------------------------------------------------------------------



Sec. 32.6110  Network support expenses.

    (a) Class B telephone companies shall use this account for expenses 
of the type and character required of Class A companies in Accounts 6112 
through 6114.
    (b) Credits shall be made to this account by Class B companies for 
amounts transferred to Construction and/or other Plant Specific 
Operations Expense accounts. These amounts shall be computed on the 
basis of direct labor hours.

[67 FR 5695, Feb. 6, 2002]



Sec. 32.6112  Motor vehicle expense.

    (a) This account shall include costs of fuel, lubrications, license 
and inspection fees, washing, repainting, and minor accessories. Also 
included are the costs of personnel whose principal job is operating 
motor vehicles, such as chauffeurs and shuttle bus drivers. The costs of 
users of motor vehicles whose principal job is not the operation of 
motor vehicles shall be charged to accounts appropriate for the 
activities performed.
    (b) Credits shall be made to this account for amounts transferred to 
Construction and/or to other Plant Specific Operations Expense accounts. 
These amounts shall be computed on the basis of direct labor hours.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5695, Feb. 6, 2002]



Sec. 32.6113  Aircraft expense.

    (a) This account shall include such costs as aircraft fuel, flight 
crews, mechanics and ground crews, licenses and inspection fees, 
washing, repainting, and minor accessories.
    (b) Credits shall be made to this account for amounts transferred to 
Construction and/or to other Plant Specific Operations Expense accounts. 
These amounts shall be computed on the basis of direct labor hours.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5695, Feb. 6, 2002]



Sec. 32.6114  Tools and other work equipment expense.

    (a) This account shall include costs incurred in connection with 
special purpose vehicles, garage work equipment and other work equipment 
included in Account 2114, Tools and other work equipment. This account 
shall be charged with costs incurred in connection with the work 
equipment itself. This account shall also include such costs as fuel, 
licenses and inspection fees, washing, repainting and minor accessories. 
The costs of using garage work equipment to maintain motor vehicles 
shall be charged to Account 6112, Motor vehicles expense. This account 
shall not be charged with the costs of operators of special purpose 
vehicles and other work equipment. The costs of operators of this 
equipment shall be charged to accounts appropriate for the activities 
performed.
    (b) Credits shall be made to this account for amounts related to 
special purpose vehicles and other work equipment transferred to 
Construction and/or to other Plant Specific Operations Expense accounts. 
These amounts shall be computed on the basis of direct labor hours.

[64 FR 50008, Sept. 15, 1999, as amended at 67 FR 5695, Feb. 6, 2002]



Sec. 32.6120  General support expenses.

    Class B telephone companies shall use this account for expenses of 
the type and character required of Class A

[[Page 462]]

companies in Accounts 6121 through 6124.

[67 FR 5695, Feb. 6, 2002]



Sec. 32.6121  Land and building expense.

    (a) This account shall include expenses associated with land and 
buildings (excluding amortization of leasehold improvements). This 
account shall also include janitorial service, cleaning supplies, water, 
sewage, fuel and guard service, and electrical power.
    (b) The cost of electrical power used to operate the 
telecommunications network shall be charged to Account 6531, Power 
Expense, and the cost of separately metered electricity used for 
operating specific types of equipment, such as computers, shall be 
charged to the expense account appropriate for such use.



Sec. 32.6122  Furniture and artworks expense.

    This account shall include expenses associated with furniture and 
artworks.



Sec. 32.6123  Office equipment expense.

    This account shall be charged only with costs incurred in connection 
with the office equipment itself. The costs of operators of this 
equipment shall be charged to accounts appropriate for the activities 
performed.



Sec. 32.6124  General purpose computers expense.

    This account shall include the costs of personnel whose principal 
job is the physical operation of general purpose computers and the 
maintenance of operating systems. This excludes the cost of preparation 
of input data or the use of outputs which are chargeable to the accounts 
appropriate for the activities being performed. Also excluded are costs 
incurred in planning and maintaining application systems and databases 
for general purpose computers. (See also Sec. 32.6720, General and 
administrative.) Separately metered electricity for general purpose 
computers shall also be included in this account.

[67 FR 5695, Feb. 6, 2002]



Sec. 32.6210  Central office switching expenses.

    Class B telephone companies shall use this account for expenses of 
the type and character required of Class A companies in Accounts 6211 
through 6212.

[67 FR 5695, Feb. 6, 2002]



Sec. 32.6211  Non-digital switching expense.

    This account shall include expenses associated with non-digital 
electronic switching and electro-mechanical switching.

[67 FR 5695, Feb. 6, 2002]



Sec. 32.6212  Digital electronic switching expense.

    (a) This account shall include expenses associated with digital 
electronic switching. Digital electronic switching expenses shall be 
maintained in the following subaccounts: 6212.1 Circuit, 6212.2 Packet.
    (b) This subaccount 6212.1 Circuit shall include expenses associated 
with digital electronic switching equipment used to provide circuit 
switching.
    (c) This subaccount 6212.2 Packet shall include expenses associated 
with digital electronic switching equipment used to provide packet 
switching.

[67 FR 5695, Feb. 6, 2002]



Sec. 32.6220  Operator systems expense.

    This account shall include expenses associated with operator systems 
equipment.



Sec. 32.6230  Central office transmission expense.

    Class B telephone companies shall use this account for expenses of 
the type and character required of Class A companies in Accounts 6231 
and 6232.

[67 FR 5695, Feb. 6, 2002]



Sec. 32.6231  Radio systems expense.

    This account shall include expenses associated with radio systems.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5695, Feb. 6, 2002]

[[Page 463]]



Sec. 32.6232  Circuit equipment expense.

    (a) This account shall include expenses associated with circuit 
equipment. Circuit equipment expenses shall be maintained in the 
following subaccounts: 6232.1 Electronic, 6232.2 Optical.
    (b) This subaccount 6232.1 Electronic shall include expenses 
associated with electronic circuit equipment.
    (c) This subaccount 6232.2 Optical shall include expenses associated 
with optical circuit equipment.

[67 FR 5695, Feb. 6, 2002]



Sec. 32.6310  Information origination/termination expenses.

    Class B telephone companies shall use this account for expenses of 
the type and character required of Class A telephone companies in 
Accounts 6311 through 6362.

[67 FR 5696, Feb. 6, 2002]



Sec. 32.6311  Station apparatus expense.

    This account shall include expenses associated with station 
apparatus. Expenses associated with company internal use communication 
equipment shall be recorded in Account 6123, Office Equipment Expense.



Sec. 32.6341  Large private branch exchange expense.

    This account shall include expenses associated with large private 
branch exchanges. Expenses associated with company internal use 
communication equipment shall be recorded in Account 6123, Office 
Equipment Expense.



Sec. 32.6351  Public telephone terminal equipment expense.

    This account shall include expenses associated with public telephone 
terminal equipment.



Sec. 32.6362  Other terminal equipment expense.

    This account shall include expenses associated with other terminal 
equipment.



Sec. 32.6410  Cable and wire facilities expenses.

    Class B telephone companies shall use this account for expenses of 
the type and character required of Class A companies in Accounts 6411 
through 6441.

[67 FR 5696, Feb. 6, 2002]



Sec. 32.6411  Poles expense.

    This account shall include expenses associated with poles.



Sec. 32.6421  Aerial cable expense.

    (a) This account shall include expenses associated with aerial 
cable.
    (b) Subsidiary record categories shall be maintained as provided in 
Sec. 32.2421(a) of subpart C.



Sec. 32.6422  Underground cable expense.

    (a) This account shall include expenses associated with underground 
cable.
    (b) Subsidiary record categories shall be maintained as provided in 
Sec. 32.2422(a) of subpart C.



Sec. 32.6423  Buried cable expense.

    (a) This account shall include expenses associated with buried 
cable.
    (b) Subsidiary record categories shall be maintained as provided in 
Sec. 32.2423(a) of subpart C.



Sec. 32.6424  Submarine and deep sea cable expense.

    (a) This account shall include expenses associated with submarine 
and deep sea cable.
    (b) Subsidiary record categories shall be maintained as provided in 
Sec. 32.2424.

[67 FR 5696, Feb. 6, 2002]



Sec. 32.6426  Intrabuilding network cable expense.

    (a) This account shall include expenses associated with 
intrabuilding network cable.
    (b) Subsidiary record categories shall be maintained as provided in 
Sec. 32.2426(a) of subpart C.



Sec. 32.6431  Aerial wire expense.

    This account shall include expenses associated with aerial wire.



Sec. 32.6441  Conduit systems expense.

    This account shall include expenses associated with conduit systems.

[[Page 464]]



Sec. 32.6510  Other property, plant and equipment expenses.

    Class B telephone companies shall use this account for expenses of 
the type and character required of Class A companies in Accounts 6511 
and 6512.

[67 FR 5696, Feb. 6, 2002]



Sec. 32.6511  Property held for future telecommunications use expense.

    This account shall include expenses associated with property held 
for future telecommunications use.



Sec. 32.6512  Provisioning expense.

    (a) This account shall include costs incurred in provisioning 
material and supplies, including office supplies. This includes 
receiving and stocking, filling requisitions from stock, monitoring and 
replenishing stock levels, delivery of material, storage, loading or 
unloading and administering the reuse or refurbishment of material. Also 
included are adjustments resulting from the periodic inventory of 
material and supplies.
    (b) Credits shall be made to this account for amounts transferred to 
construction and/or to Plant Specific Operations Expense. These costs 
are to be cleared by adding to the cost of material and supplies a 
suitable loading charge.

[67 FR 5696, Feb. 6, 2002]



Sec. 32.6530  Network operations expense.

    Class B telephone companies shall use this account for expenses of 
the type and character required of Class A companies in Accounts 6531 
through 6535.

[67 FR 5696, Feb. 6, 2002]



Sec. 32.6531  Power expense.

    This account shall include the cost of electrical power used to 
operate the telecommunications network.



Sec. 32.6532  Network administration expense.

    This account shall include costs incurred in network administration. 
This includes such activities as controlling traffic flow, administering 
traffic measuring and monitoring devices, assigning equipment and load 
balancing, collecting and summarizing traffic data, administering 
trunking, and assigning interoffice facilities and circuit layout work.



Sec. 32.6533  Testing expense.

    This account shall include costs incurred in testing 
telecommunications facilities from a testing facility (test desk or 
other testing system) to determine the condition of plant on either a 
routine basis or prior to assignment of the facilities; receiving, 
recording and analyzing trouble reports; testing to determine the nature 
and location of reported trouble condition; and dispatching repair 
persons or otherwise initiating corrective action. (Note also Sec. 
32.5999(b)(3) of this subpart.)



Sec. 32.6534  Plant operations administration expense.

    (a) This account shall include costs incurred in the general 
administration of plant operations. This includes supervising plant 
operations (except as specified in Sec. 32.5999(a)(3) of this subpart; 
planning, coordinating and monitoring plant operations; and performing 
staff work such as developing methods and procedures, preparing and 
conducting training (except on-the-job training) and coordinating safety 
programs.
    (b) Credits shall be made to this account for amounts transferred to 
construction accounts. These amounts shall be computed on the basis of 
direct labor hours. (See Sec. 32.2000(c)(2)(ii) of subpart C.)



Sec. 32.6535  Engineering expense.

    (a) This account shall include costs incurred in the general 
engineering of the telecommunications plant which are not directly 
chargeable to an undertaking or project. This includes developing input 
to the fundamental planning process, performing preliminary work or 
advance planning in connection with potential undertakings, and 
performing special studies of an engineering nature.
    (b) Credits shall be made to this account for amounts transferred to 
construction accounts. These amounts shall be computed on the basis of 
direct labor hours. (See Sec. 32.2000(c)(2)(ii) of subpart C.)

[[Page 465]]



Sec. 32.6540  Access expense.

    (a) This account shall include amounts paid by interexchange 
carriers or other exchange carriers to another exchange carrier for the 
provision of carrier's carrier access.
    (b) Subsidiary record categories shall be maintained in order that 
the entity may separately report interstate and intrastate carrier's 
carrier expense. Such subsidiary record categories shall be reported as 
required by Part 43 of this Commission's Rules and Regulations.

[52 FR 43917, Nov. 17, 1987]



Sec. 32.6560  Depreciation and amortization expenses.

    This account shall be used by Class A telephone companies to 
summarize for reporting purposes the contents of Accounts 6561 through 
6565. Class B telephone companies shall use this account for expenses of 
the type and character required of Class A companies in accounts 6561 
through 6565.

[69 FR 44607, July 27, 2004]

    Effective Date Note: At 69 FR 53652, Sept. 2, 2004, Sec. 32.6560 
was revised, effective Mar. 2, 2005. For the convenience of the user, 
the revised text is set forth as follows:

Sec. 32.6560  Depreciation and amortization expenses.

    Class B telephone companies shall use this account for expenses of 
the type and character required of Class A companies in Accounts 6561 
through 6565.



Sec. 32.6561  Depreciation expense--telecommunications plant in service.

    This account shall include the depreciation expense of capitalized 
costs in Accounts 2112 through 2441, inclusive.

[69 FR 44607, July 27, 2004]



Sec. 32.6562  Depreciation expense--property held for future 
telecommunications use.

    This account shall include the depreciation expense of capitalized 
costs included in Account 2002, Property held for future 
telecommunications use.

[69 FR 53652, Sept. 2, 2004]

    Effective Date Note: At 69 FR 53652, Sept. 2, 2004, Sec. 32.6562 
was added, effective Mar. 2, 2005.



Sec. 32.6563  Amortization expense--tangible.

    This account shall include only the amortization of costs included 
in Accounts 2681, Capital leases, and 2682, Leasehold improvements.

[69 FR 44607, July 27, 2004]



Sec. 32.6564  Amortization expense--intangible.

    This account shall include the amortization of costs included in 
Account 2690, Intangibles.

[69 FR 44607, July 27, 2004]



Sec. 32.6565  Amortization expense--other.

    (a) This account shall include only the amortization of costs 
included in Account 2005, Telecommunications plant adjustment.
    (b) This account shall also include lump-sum write offs of amounts 
of plant acquisition adjustment as provided for in Sec. 32.2005(b)(3) 
of subpart C.
    (c) Subsidiary records shall be maintained so as to show the 
character of the amounts contained in this account.

[69 FR 44607, July 27, 2004]



Sec. 32.6610  Marketing.

    Class B telephone companies shall use this account for expenses of 
the type and character required of Class A companies in Accounts 6611 
through 6613.

[67 FR 5696, Feb. 6, 2002]



Sec. 32.6611  Product management and sales.

    This account shall include:
    (a) Costs incurred in performing administrative activities related 
to marketing products and services. This includes competitive analysis, 
product and service identification and specification, test market 
planning, demand forecasting, product life cycle analysis, pricing 
analysis, and identification and establishment of distribution channels.
    (b) Costs incurred in selling products and services. This includes 
determination of individual customer needs, development and presentation 
of customer proposals, sales order preparation and handling, and 
preparation of sales records.

[67 FR 5696, Feb. 6, 2002]

[[Page 466]]



Sec. 32.6613  Product advertising.

    This account shall include costs incurred in developing and 
implementing promotional strategies to stimulate the purchase of 
products and services. This excludes nonproduct-related advertising, 
such as corporate image, stock and bond issue and employment 
advertisements, which shall be included in the appropriate functional 
accounts.



Sec. 32.6620  Services.

    (a) This account shall include:
    (1) Costs incurred in helping customers place and complete calls, 
except directory assistance. This includes handling and recording; 
intercept; quoting rates, time and charges; and all other activities 
involved in the manual handling of calls.
    (2) Costs incurred in providing customer number and classified 
listings. This includes preparing or purchasing, compiling, and 
disseminating those listings through directory assistance or other 
means.
    (3) Costs incurred in establishing and servicing customer accounts. 
This includes:
    (i) Initiating customer service orders and records;
    (ii) Maintaining and billing customer accounts;
    (iii) Collecting and investigating customer accounts, including 
collecting revenues, reporting receipts, administering collection 
treatment, and handling contacts with customers regarding adjustments of 
bills;
    (iv) Collecting and reporting pay station receipts; and
    (v) Instructing customers in the use of products and services.
    (b) This account shall also include amounts paid by interexchange 
carriers or other exchange carriers to another exchange carrier for 
billing and collection services. Subsidiary record categories shall be 
maintained in order that the entity may separately report interstate and 
intrastate amounts. Such subsidiary record categories shall be reported 
as required by Part 43 of this chapter.
    (c) Class A companies, except mid-sized incumbent local exchange 
carriers, shall maintain the following subaccounts for expenses recorded 
in this account: 6620.1 Wholesale, 6620.2 Retail.
    (1) 6620.1 Wholesale. This subaccount shall include costs associated 
with telecommunications services provided for resale to other 
telecommunications carriers.
    (2) 6620.2 Retail. This subaccount shall include costs associated 
with telecommunications services provided to subscribers who are not 
telecommunications carriers.

[67 FR 5696, Feb. 6, 2002]

    Effective Date Note: At 69 FR 53652, Sept. 2, 2004, Sec. 32.6620 
was revised, effective Mar. 2, 2005. For the convenience of the user, 
the revised text is set forth as follows:

Sec. 32.6620  Services.

    Class B telephone companies shall use this account for expenses of 
the type and character required of Class A companies in Accounts 6621 
through 6623.



Sec. 32.6621  Call completion services.

    This account shall include costs incurred in helping customers place 
and complete calls, except directory assistance. This includes handling 
and recording; intercept; quoting rates, time and charges; and all other 
activities involved in the manual handling of calls.

[69 FR 44607, July 27, 2004]



Sec. 32.6622  Number services.

    This account shall include costs incurred in providing customer 
number and classified listings. This includes preparing or purchasing, 
compiling, and disseminating those listings through directory assistance 
or other means.



Sec. 32.6623  Customer services.

    (a) This account shall include costs incurred in establishing and 
servicing customer accounts. This includes:
    (1) Initiating customer service orders and records;
    (2) Maintaining and billing customer accounts;
    (3) Collecting and investigating customer accounts, including 
collecting revenues, reporting receipts, administering collection 
treatment, and handling contacts with customers regarding adjustments of 
bills;
    (4) Collecting and reporting pay station receipts; and

[[Page 467]]

    (5) Instructing customers in the use of products and services.
    (b) This account shall also include amounts paid by interexchange 
carriers or other exchange carriers to another exchange carrier for 
billing and collection services. Subsidiary record categories shall be 
maintained in order that the entity may separately report interstate and 
intrastate amounts. Such subsidiary record categories shall be reported 
as required by part 43 of this Commission's rules and regulations.

[69 FR 44608, July 27, 2004]



Sec. 32.6720  General and administrative.

    This account shall include costs incurred in the provision of 
general and administrative services as follows:
    (a) Formulating corporate policy and in providing overall 
administration and management. Included are the pay, fees and expenses 
of boards of directors or similar policy boards and all board-designated 
officers of the company and their office staffs, e.g., secretaries and 
staff assistants.
    (b) Developing and evaluating long-term courses of action for the 
future operations of the company. This includes performing corporate 
organization and integrated long-range planning, including management 
studies, options and contingency plans, and economic strategic analysis.
    (c) Providing accounting and financial services. Accounting services 
include payroll and disbursements, property accounting, capital 
recovery, regulatory accounting (revenue requirements, separations, 
settlements and corollary cost accounting), non-customer billing, tax 
accounting, internal and external auditing, capital and operating budget 
analysis and control, and general accounting (accounting principles and 
procedures and journals, ledgers, and financial reports). Financial 
services include banking operations, cash management, benefit investment 
fund management (including actuarial services), securities management, 
debt trust administration, corporate financial planning and analysis, 
and internal cashier services.
    (d) Maintaining relations with government, regulators, other 
companies and the general public. This includes:
    (1) Reviewing existing or pending legislation (see also Account 
7300, Nonoperating income and expense, for lobbying expenses);
    (2) Preparing and presenting information for regulatory purposes, 
including tariff and service cost filings, and obtaining radio licenses 
and construction permits;
    (3) Performing public relations and non-product-related corporate 
image advertising activities;
    (4) Administering relations, including negotiating contracts, with 
telecommunications companies and other utilities, businesses, and 
industries. This excludes sales contracts (see also Account 6611, 
Product management and sales); and
    (5) Administering investor relations.
    (e) Performing personnel administration activities. This includes:
    (1) Equal Employment Opportunity and Affirmative Action Programs;
    (2) Employee data for forecasting, planning and reporting;
    (3) General employment services;
    (4) Occupational medical services;
    (5) Job analysis and salary programs;
    (6) Labor relations activities;
    (7) Personnel development and staffing services, including 
counseling, career planning, promotion and transfer programs;
    (8) Personnel policy development;
    (9) Employee communications;
    (10) Benefit administration;
    (11) Employee activity programs;
    (12) Employee safety programs; and
    (13) Nontechnical training course development and presentation.
    (f) Planning and maintaining application systems and databases for 
general purpose computers.
    (g) Providing legal services: This includes conducting and 
coordinating litigation, providing guidance on regulatory and labor 
matters, preparing, reviewing and filing patents and contracts and 
interpreting legislation. Also included are court costs, filing fees, 
and the costs of outside counsel, depositions, transcripts and 
witnesses.
    (h) Procuring material and supplies, including office supplies. This 
includes analyzing and evaluating suppliers' products, selecting 
appropriate suppliers, negotiating supply contracts, placing purchase 
orders, expediting and

[[Page 468]]

controlling orders placed for material, developing standards for 
material purchased and administering vendor or user claims.
    (i) Making planned search or critical investigation aimed at 
discovery of new knowledge. It also includes translating research 
findings into a plan or design for a new product or process or for a 
significant improvement to an existing product or process, whether 
intended for sale or use. This excludes making routine alterations to 
existing products, processes, and other ongoing operations even though 
those alterations may represent improvements.
    (j) Performing general administrative activities not directly 
charged to the user, and not provided in paragraphs (a) through (i) of 
this section. This includes providing general reference libraries, food 
services (e.g., cafeterias, lunch rooms and vending facilities), 
archives, general security investigation services, operating official 
private branch exchanges in the conduct of the business, and 
telecommunications and mail services. Also included are payments in 
settlement of accident and damage claims, insurance premiums for 
protection against losses and damages, direct benefit payments to or on 
behalf of retired and separated employees, accident and sickness 
disability payments, supplemental payments to employees while in 
governmental service, death payments, and other miscellaneous costs of a 
corporate nature. This account excludes the cost of office services, 
which are to be included in the accounts appropriate for the activities 
supported.

[67 FR 5696, Feb. 6, 2002]



Sec. 32.6790  Provision for uncollectible notes receivable.

    This account shall be charged with amounts concurrently credited to 
Account 1170, Receivables.

[67 FR 5697, Feb. 6, 2002]



            Subpart F_Instructions For Other Income Accounts



Sec. 32.6999  General.

    (a) Structure of the other income accounts. The Other Income 
Accounts are designed to reflect both operating and nonoperating income 
items including taxes, extraordinary items and other income and expense 
items not properly included elsewhere.
    (b) Other income accounts listing.

------------------------------------------------------------------------
                                                  Class A      Class B
                 Account title                    account      account
------------------------------------------------------------------------
Other operating income and expense:
    Other operating income and expense........         7100         7100
Operating taxes:
    Operating taxes...........................  ...........         7200
    Operating investment tax credits-net......         7210  ...........
    Operating Federal income taxes............         7220  ...........
    Operating state and local income taxes....         7230  ...........
    Operating other taxes.....................         7240  ...........
    Provision for deferred operating income            7250  ...........
     taxes--net...............................
Nonoperating income and expense:
    Nonoperating income and expense...........         7300         7300
Nonoperating taxes:
    Nonoperating taxes........................         7400         7400
Interest and related items:
    Interest and related items................         7500         7500
    Extraordinary items.......................         7600         7600
Jurisdictional differences and non-regulated
 income items:
    Income effect of jurisdictional ratemaking         7910         7910
     difference--net..........................
    Nonregulated net income...................         7990         7990
------------------------------------------------------------------------


[67 FR 5697, Feb. 6, 2002]



Sec. 32.7100  Other operating income and expenses.

    This account shall be used to record the results of transactions, 
events or circumstances during the periods which are incidental or 
peripheral to the major or central operations of the company. It shall 
be used to record all

[[Page 469]]

items of an operating nature such as incidental work performed for 
others not provided for elsewhere. Whenever practicable the inflows and 
outflows associated with a transaction, event or circumstances shall be 
matched and the result shown as a net gain or loss. This account shall 
include the following:
    (a) Profits realized from custom work (plant construction) performed 
for others incident to the company's regulated telecommunications 
operations. This includes profits from the incidental performance of 
nontariffed construction activities (including associated engineering 
and design) for others which are similar in nature to those activities 
which are performed by the company in constructing its own 
telecommunications plant facilities. The records supporting the entries 
in this account for income and custom work shall be maintained with 
sufficient particularity to identify separately the revenue and costs 
associated with each undertaking.
    (b) Return on investment for the use of regulated property plant and 
equipment to provide nonregulated products and services.
    (c) All gains and losses resulting from the exchange of foreign 
currency. Transaction (realized) gains or losses shall be measured based 
on the exchange rate in effect on the transaction date. Unrealized gains 
or losses shall be measured based on the exchange rate in effect at the 
balance sheet date.
    (d) Gains or losses resulting from the disposition of land or 
artworks.
    (e) Charges or credits, as appropriate, to record the results of 
transactions, events or circumstances which are of an operational 
nature, but occur irregularly or are peripheral to the major or central 
operations of the company and not provided for elsewhere.

[67 FR 5698, Feb. 6, 2002]



Sec. 32.7199  Content of accounts.

    The Operating Tax accounts shall include the taxes arising from the 
central operations of the company.



Sec. 32.7200  Operating taxes.

    Class B telephone companies shall use this account for operating 
taxes of the type and character required of Class A companies in 
Accounts 7210 through 7250.

[67 FR 5698, Feb. 6, 2002]



Sec. 32.7210  Operating investment tax credits--net.

    (a) This account shall be charged and Account 4320, Unamortized 
Operating Investment Tax Credits--Net, shall be credited with investment 
tax credits generated from qualified expenditures related to regulated 
operations which the company defers rather than recognizes currently in 
income.
    (b) This account shall be credited and Account 4320 shall be charged 
ratably with the amortization of each year's investment tax credits 
included in Account 4320 for investment services for ratemaking 
purposes. Such amortization shall be determined in relation to the 
period of time used for computing book depreciation on the property with 
respect to which the tax credits relate.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5698, Feb. 6, 2002]



Sec. 32.7220  Operating Federal income taxes.

    (a) This account shall be charged and Account 4070, Income Taxes-
Accrued, shall be credited for the amount of Federal Income Taxes for 
the current period. This account shall also reflect subsequent 
adjustments to amounts previously charged.
    (b) Taxes should be accrued each month on an estimated basis and 
adjustments made as later data becomes available.
    (c) Tax credits, other than investment tax credits, if normalized, 
shall be recorded consistent with the accounting for investment tax 
credits and shall be amortized to income as directed by this Commission.
    (d) No entries shall be made to this account to reflect interperiod 
tax allocations.



Sec. 32.7230  Operating state and local income taxes.

    (a) This account shall be charged and Account 4070, Income Taxes--
Accrued, shall be credited for the amount of state and local income 
taxes for the current period. This account shall also

[[Page 470]]

reflect subsequent adjustments to amounts previously charged.
    (b) Taxes should be accrued each month on an estimated basis and 
adjustments made as later data becomes available.
    (c) No entries shall be made to this account to reflect interperiod 
tax allocations.



Sec. 32.7240  Operating other taxes.

    (a) This account shall be charged and Account 4080, Other Taxes--
Accrued, shall be credited for all taxes, other than Federal, state and 
local income taxes and payroll related taxes, related to regulated 
operations applicable to current periods. Among the items includable in 
this account are property, gross receipts, franchise and capital stock 
taxes; this account shall also reflect subsequent adjustments to amounts 
previously charged.
    (b) Special assessments for street and other improvements and 
special benefit taxes, such as water taxes and the like, shall be 
included in the operating expense accounts or investment accounts, as 
may be appropriate.
    (c) Discounts allowed for prompt payment of taxes shall be credited 
to the account to which the taxes are chargeable.
    (d) Interest on tax assessments which are not paid when due shall be 
included in Account 7500, Interest and related items.
    (e) Taxes paid by the company under tax-free covenants on 
indebtedness shall be charged to Account 7300, Nonoperating income and 
expense.
    (f) Sales and use taxes shall be accounted for, so far as 
practicable, as part of the cost of the items to which the taxes relate.
    (g) Taxes on rented telecommunications plant which are borne by the 
lessee shall be credited by the owner to Account 5200, Miscellaneous 
revenue, and shall be charged by the lessee to the appropriate Plant 
Specific Operations Expense account.

[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5698, Feb. 6, 2002]



Sec. 32.7250  Provision for deferred operating income taxes--net.

    (a) This account shall be charged or credited, as appropriate, with 
contra entries recorded to the following accounts for income tax expense 
that has been deferred in accordance with Sec. 32.22 of Subpart B.

4100 Net Current Deferred Operating Income Taxes
4340 Net Noncurrent Deferred Operating Income Taxes

    (b) Subsidiary record categories shall be maintained to distinguish 
between property and nonproperty related deferrals and so that the 
company may separately report that amounts contained herein that relate 
to Federal, state and local income taxes. Such subsidiary record 
categories shall be reported as required by part 43 of this Commission's 
Rules and Regulations.



Sec. 32.7300  Nonoperating income and expense.

    This account shall be used to record the results of transactions, 
events and circumstances affecting the company during a period and which 
are not operational in nature. This account shall include such items as 
nonoperating taxes, dividend income and interest income. Whenever 
practicable, the inflows and outflows associated with a transaction or 
event shall be matched and the result shown as a net gain or loss. This 
account shall include the following:
    (a) Dividends on investments in common and preferred stock, which is 
the property of the company, whether such stock is owned by the company 
and held in its treasury, or deposited in trust including sinking or 
other funds, or otherwise controlled.
    (b) Dividends received and receivable from affiliated companies 
accounted for on the equity method shall be included in Account 1410, 
Other noncurrent assets, as a reduction of the carrying value of the 
investments.
    (c) Interest on securities, including notes and other evidences of 
indebtedness, which are the property of the company, whether such 
securities are owned by the company and held in its treasury, or 
deposited in trust including sinking or other funds, or otherwise 
controlled. It shall also include interest on cash bank balances, 
certificates of deposits, open accounts, and other analogous items.

[[Page 471]]

    (d) For each month the applicable amount requisite to extinguish, 
during the interval between the date of acquisition and date of 
maturity, the difference between the purchase price and the par value of 
securities owned or held in sinking or other funds, the income from 
which is includable in this account. Amounts thus credited or charged 
shall be concurrently included in the accounts in which the securities 
are carried.
    (e) Amounts charged to the telecommunications plant under 
construction account related to allowance for funds used during 
construction. (See Sec. 32.2000(c)(2)(x).)
    (f) Gains or losses resulting from:
    (1) The disposition of land or artworks;
    (2) The disposition of plant with traffic;
    (3) The disposition of nonoperating telecommunications plant not 
previously used in the provision of telecommunications services.
    (g) All other items of income and gains or losses from activities 
not specifically provided for elsewhere, including representative items 
such as:
    (1) Fees collected in connection with the exchange of coupon bonds 
for registered bonds;
    (2) Gains or losses realized on the sale of temporary cash 
investments or marketable equity securities;
    (3) Net unrealized losses on investments in current marketable 
equity securities;
    (4) Write-downs or write-offs of the book costs of investment in 
equity securities due to permanent impairment;
    (5) Gains or losses of nonoperating nature arising from foreign 
currency exchange or translation;
    (6) Gains or losses from the extinguishment of debt made to satisfy 
sinking fund requirements;
    (7) Amortization of goodwill;
    (8) Company's share of the earnings or losses of affiliated 
companies accounted for on the equity method; and
    (9) The net balance of the revenue from and the expenses (including 
depreciation, amortization and insurance) of property, plant, and 
equipment, the cost of which is includable in Account 2006, Nonoperating 
plant.
    (h) Costs that are typically given special regulatory scrutiny for 
ratemaking purposes. Unless specific justification to the contrary is 
given, such costs are presumed to be excluded from the costs of service 
in setting rates.
    (1) Lobbying includes expenditures for the purpose of influencing 
public opinion with respect to the election or appointment of public 
officials, referenda, legislation, or ordinances (either with respect to 
the possible adoption of new referenda, legislation or ordinances, or 
repeal or modification of existing referenda, legislation or ordinances) 
or approval, modification, or revocation of franchises, or for the 
purpose of influencing the decisions of public officials. This also 
includes advertising, gifts, honoraria, and political contributions. 
This does not include such expenditures which are directly related to 
communications with and appearances before regulatory or other 
governmental bodies in connection with the reporting utility's existing 
or proposed operations;
    (2) Contributions for charitable, social or community welfare 
purposes;
    (3) Membership fees and dues in social, service and recreational or 
athletic clubs and organizations;
    (4) Penalties and fines paid on account of violations of statutes. 
This account shall also include penalties and fines paid on account of 
violations of U.S. antitrust statutes, including judgements and payments 
in settlement of civil and criminal suits alleging such violations; and
    (5) Abandoned construction projects.
    (i) Cash discounts on bills for material purchased shall not be 
included in this account.

[67 FR 5698, Feb. 6, 2002]



Sec. 32.7400  Nonoperating taxes.

    This account shall include taxes arising from activities which are 
not a part of the central operations of the entity.
    (a) This account shall be charged and Account 4330, Unamortized 
nonoperating investment tax credits--net, shall be credited with 
investment tax credits generated from qualified expenditures related to 
other operations which the company has elected to defer rather than 
recognize currently in income.

[[Page 472]]

    (b) This account shall be credited and Account 4330 shall be charged 
with the amortization of each year's investment tax credits included in 
such accounts relating to amortization of previously deferred investment 
tax credits of other property or regulated property, the amortization of 
which does not serve to reduce costs of service (but the unamortized 
balance does reduce rate base) for ratemaking purposes. Such 
amortization shall be determined with reference to the period of time 
used for computing book depreciation on the property with respect to 
which the tax credits relate.
    (c) This account shall be charged and Account 4070, Income taxes--
accrued, shall be credited for the amount of nonoperating Federal income 
taxes and state and local income taxes for the current period. This 
account shall also reflect subsequent adjustments to amounts previously 
charged.
    (d) Taxes shall be accrued each month on an estimated basis and 
adjustments made as more current data becomes available.
    (e) Companies that adopt the flow-through method of accounting for 
investment tax credits shall reduce the calculated provision in this 
account by the entire amount of the credit realized during the year. Tax 
credits, other than investment tax credits, if normalized, shall be 
recorded consistent with the accounting for investment tax credits.
    (f) No entries shall be made to this account to reflect interperiod 
tax allocation.
    (g) Taxes (both Federal and state) shall be accrued each month on an 
estimated basis and adjustments made as later data becomes available.
    (h) This account shall be charged and Account 4080, Other taxes--
accrued, shall be credited for all nonoperating taxes, other than 
Federal, state and local income taxes, and payroll related taxes for the 
current period. Among the items includable in this account are property, 
gross receipts, franchise and capital stock taxes. This account shall 
also reflect subsequent adjustments to amounts previously charged.
    (i) This account shall be charged or credited, as appropriate, with 
contra entries recorded to the following accounts for nonoperating tax 
expenses that has been deferred in accordance with Sec. 32.22: 4110 Net 
Current Deferred Nonoperating Income Taxes, 4350 Net Noncurrent Deferred 
Nonoperating Income Taxes.
    (j) Subsidiary record categories shall be maintained to distinguish 
between property and nonproperty related deferrals and so that the 
company may separately report the amounts contained herein that relate 
to Federal, state and local income taxes. Such subsidiary record 
categories shall be reported as required by part 43 of this chapter.

[67 FR 5699, Feb. 6, 2002]



Sec. 32.7500  Interest and related items.

    (a) This account shall include the current accruals of interest on 
all classes of funded debt the principal of which is includable in 
Account 4200, Long term debt and funded debt. It shall also include the 
interest on funded debt the maturity of which has been extended by 
specific agreement. This account shall be kept so that the interest on 
each class of funded debt may be shown separately in the annual reports 
to this Commission.
    (b) These accounts shall not include charges for interest on funded 
debt issued or assumed by the company and held by or for it, whether 
pledged as collateral or held in its treasury, in special deposits or in 
sinking or other funds.
    (c) Interest expressly provided for and included in the face amount 
of securities issued shall be charged at the time of issuance to Account 
1280, Prepayments, and cleared to this account as the term expires to 
which the interest applies.
    (d) This account shall also include monthly amortization of balances 
in Account 4200, Long-term debt and funded debt.
    (e) This account shall include the interest portion of each capital 
lease payment.
    (f) This account shall include the monthly amortization of the 
balances in Account 1410, Other noncurrent assets.

[[Page 473]]

    (g) This account shall include all interest deductions not provided 
for elsewhere, e.g., discount, premium, and expense on notes maturing 
one year or less from date of issue.
    (h) A list of representative items of indebtedness, the interest on 
which is chargeable to this account, follows:
    (1) Advances from affiliated companies;
    (2) Advances from nonaffiliated companies and other liabilities;
    (3) Assessments for public improvements past due;
    (4) Bond coupons, matured and unpaid;
    (5) Claims and judgments;
    (6) Customers' deposits;
    (7) Funded debt mature, with respect to which a definite agreement 
as to extension has not been made;
    (8) Notes payable on demand or maturing one year or less from date 
of issue;
    (9) Open accounts;
    (10) Tax assessments, past due; and
    (11) Discount, premium, and issuance expense of notes maturing one 
year or less from date of issue.

[67 FR 5699, Feb. 6, 2002]



Sec. 32.7600  Extraordinary items.

    (a) This account is intended to segregate the effects of events or 
transactions that are extraordinary. Extraordinary events and 
transactions are distinguished by both their unusual nature and by the 
infrequency of their occurrence, taking into account the environment in 
which the company operates. This account shall also include the related 
income tax effect of the extraordinary items.
    (b) This account shall be credited and/or charged with nontypical, 
noncustomary and infrequently recurring gains and/or losses which would 
significantly distort the current year's income computed before such 
extraordinary items, if reported other than as extraordinary items.
    (c) This account shall be charged or credited and Account 4070, 
Income taxes--accrued, shall be credited or charged for all current 
income tax effects (Federal, state and local) of extraordinary items.
    (d) This account shall also be charged or credited, as appropriate, 
with a contra amount recorded to Account 4350, Net noncurrent deferred 
nonoperating income taxes or Account 4110, Net current deferred 
nonoperating income taxes for the income tax effects (Federal, state and 
local) of extraordinary items that have been deferred in accordance with 
Sec. 32.22.

[67 FR 5700, Feb. 6, 2002]



Sec. 32.7899  Content of accounts.

    Jurisdictional differences and nonregulated income amounts shall be 
included in Accounts 7910 and 7990.



Sec. 32.7910  Income effect of jurisdictional ratemaking differences--net.

    This account shall include the impact on revenues and expenses of 
the jurisdictional ratemaking practices which vary from those of this 
Commission. All entries recorded in this account shall be recorded net 
of the applicable income tax effects and shall be supported by 
appropriate subsidiary records, where necessary, as provided for in 
Sec. 32.13(e) of subpart B.



Sec. 32.7990  Nonregulated net income.

    (a) This account shall be used by those companies who offer 
nonregulated activities that do not involve the joint or common use of 
assets or resources used in the provision of both regulated and 
nonregulated products and services, and which have not established a 
separate subsidiary for that purpose.
    (b) All revenue and expenses (including taxes) incurred in these 
nonregulated activities shall be recorded on separate books of account 
for such operations. Only the net of the total revenues and total 
expenses shall be recorded in this account, with a contra debit or 
credit to account 1406.3.

[52 FR 6562, Mar. 4, 1987]



                           Subpart G_Glossary



Sec. 32.9000  Glossary of terms.

    When used in this system of accounts:
    Accelerated depreciation means a depreciation method or period of 
time, including the treatment given cost of

[[Page 474]]

removal and gross salvage, used in calculating depreciation deductions 
on income tax returns which is different from the depreciation method or 
period of time prescribed by this Commission for use in calculating 
depreciation expense recorded in a company's books of account.
    Account means a specific element of a chart of accounts used to 
record, classify and accumulate similar financial transactions resulting 
from the operations of the entity. ``Accounts'' or ``these accounts'' 
refer to the accounts of this system of accounts.
    Accounting system means the total set of interrelated principles, 
rules, requirements, definitions, accounts, records, procedures and 
mechanisms necessary to operate and evaluate the entity from a financial 
perspective. An accounting system generally consists of a chart of 
accounts, various parallel subsystems and subsidiary records. An 
accounting system is utilized to provide the necessary financial 
information to users to meet judiciary and other responsibilities.
    Affiliated companies means companies that directly or indirectly 
through one or more intermediaries, control or are controlled by, or are 
under common control with, the accounting company. See also Control.
    Amortization means the systematic recoveries, through ratable 
charges to expense, of the cost of assets.
    Associated equipment means that equipment which functions with a 
specific type of plant or with two (2) or more types of plant, e.g., 
switching equipment, network power equipment, circuit equipment, common 
channel network signaling equipment or network operations equipment. 
Associated equipment shall be classified to the account appropriate for 
the type of equipment with which it is predominately used rather than on 
its own characteristics.
    Illustrative examples of associated equipment are:

Alarm and signal apparatus
Auxiliary framing
Cable and cable racks
Distributing frames and equipment thereon
Frame and aisle lighting equipment (not permanently attached to the 
building)
Relay racks and panels

    Basic service area means the minimum specified calling area for 
which a tariff is prescribed.
    Book cost means the amount at which property is recorded in these 
accounts, without deduction of related allowances.
    Common carrier or carrier means any person engaged as a common 
carrier for hire, in interstate or foreign communication by wire or 
radio or in interstate or foreign radio transmission of energy, except 
where reference is made to common carriers not subject to this Act; but 
a person engaged in radio broadcasting shall not, insofar as such person 
is so engaged, be deemed a common carrier.
    Company or the company, when not otherwise indicated in the context, 
means the accounting entity. It includes such unincorporated entities 
which may be subject to the Communications Act of 1934, as amended.
    Control (including the terms ``controlling,'' ``controlled by,'' and 
``under common control with'') means the possession directly or 
indirectly, of the power to direct or cause the direction of the 
management and policies of a company, whether such power is exercised 
through one or more intermediary companies, or alone, or in conjunction 
with, or pursuant to an agreement with, one or more other companies, and 
whether such power is established through a majority or minority 
ownership or voting of securities, common directors, officers, or 
stockholders, voting trusts, holding trusts, affiliated companies, 
contract, or any other direct or indirect means.
    Cost, except as applied to telecommunications plants, franchises, 
and patent rights, means the amount of money actually paid (or the 
current money value of any consideration other than money exchanged) for 
property or services. See also Original Cost.
    Cost of removal means the cost of demolishing, dismantling, 
removing, tearing down, or otherwise disposing of telecommunications 
plant and recovering the salvage, including the cost of transportation 
and handling incident thereto.

[[Page 475]]

    Depreciation means the loss not restored by current maintenance, 
incurred in connection with the consumption or prospective retirement of 
telecommunications plant in the course of service from causes which are 
known to be in current operation, against which the company is not 
protected by insurance, and the effect of which can be forecast with a 
reasonable approach to accuracy. Among the causes to be given 
consideration are wear and tear, decay, action of the elements, 
inadequacy, obsolescence, changes in technology, changes in demand and 
requirements of public authorities.
    Entity means a legal enterprise (common carrier) engaged in 
interstate communications within the meaning of the Communications Act 
of 1934, as amended.
    Group plan, as applied to depreciation accounting, means the plan 
under which depreciation charges are accrued upon the basis of the 
original cost of all property included in each depreciable plant 
account, using the average service life thereof properly weighted, and 
upon the retirement of any depreciable property its cost is charged to 
the depreciation reserve whether or not the particular item has attained 
the average service life.
    Indexed revenue threshold for a given year means $100 million, 
adjusted for inflation, as measured by the Department of Commerce Gross 
Domestic Product Chain-type Price Index (GDP-CPI), for the period from 
October 19, 1992 to the given year. The indexed revenue threshold for a 
given year shall be determined by multiplying $100 million by the ratio 
of the annual value of the GDP-CPI for the given year to the estimated 
seasonally adjusted GDP-CPI on October 19, 1992. The indexed revenue 
threshold shall be rounded to the nearest $1 million. The seasonally 
adjusted GDP-CPI on October 19, 1992 is determined to be 100.69.
    Intangible property means assets that have no physical existence but 
instead have value because of the rights which ownership confers.
    Intrasystems means assets consisting of:
    (1) PBX and Key System Common Equipment (a switchboard or switching 
equipment shared by all stations);
    (2) Associated CPE station equipment (usually telephone or Key 
Telephone Systems); and
    (3) Intrasystem wiring (all cable or wiring and associated 
components which connect the common equipment and the station equipment, 
located on the customer's side of the demarcation point).
    An intrasystem does not include property, plant or equipment which 
are not solely dedicated to its operation.
    Mid-sized incumbent local exchange carrier is a carrier whose annual 
revenue from regulated telecommunications operations equals or exceeds 
the indexed revenue threshold and whose revenue when aggregated with the 
revenues of any local exchange carrier that it controls, is controlled 
by, or with which it is under common control is less than $7 billion 
(indexed for inflation as measured by the Department of Commerce Gross 
Domestic Product Chain-type Price Index (GDP-CPI)).
    Minor items, as applied to depreciable telecommunications plant, 
means any part or element of such plant, which when removed, (with or 
without replacement) does not initiate retirement accounting.
    Original cost or cost, as applied to telecommunications plant, 
rights of way and other intangible property, means the actual money cost 
of (or the current money value of any consideration other than money 
exchanged for) property at the time when it was first dedicated to use 
by a regulated telecommunications entity, whether the accounting company 
or by predecessors.

For the application of this definition to property acquired from 
predecessors see Sec. 32.2000(b)(1) of subpart C. Note also the 
definition of Cost in this section.
    Plant retired means plant which has been removed, sold, abandoned, 
destroyed, or otherwise withdrawn from service.
    Retirement units, as applied to depreciable telecommunications 
plant, means those items of plant which when removed (with or without 
replacement)

[[Page 476]]

cause the initiation of retirement accounting entries.
    Salvage value means the amount received for property retired, if 
sold, or if retained for reuse, the amount at which the material 
recovered is chargeable to Account 1220, Material and Supplies, or other 
appropriate account.
    Straight-line method, as applied to depreciation accounting, means 
the plan under which the cost of property is charged to operating 
expenses and credited to accumulated depreciation through equal annual 
charges as nearly as may be during its service life.
    Subsidiary record means accumulation of detailed information which 
is required by this Commission to be maintained in support of entries to 
the accounts.
    Subsidiary record categories means those segregations of certain 
regulated costs, expenses and revenues which must be maintained and are 
subject to specific reporting requirements of this Commission.
    Subsystems, parallel mechanisms means processes or procedures which 
augment the use of a chart of accounts in the financial operation of the 
entity. These subsystems operate on and/or process account and 
subsidiary record information for specific purposes.
    Telecommunications means any transmission, emission, or reception of 
signs, signals, writing, images or sounds or intelligence of any nature 
by wire, radio, visual or other electromagnetic systems. This 
encompasses the aggregate of several modes of conveying information, 
signals or messages over a distance. Included in the telecommunications 
industry is the transmitting, receiving, or exchanging of information 
among multiple locations. The minimum elements required for the 
telecommunications process to occur are a message source, a transmission 
medium and a receiver.
    Time of installation means the date at which telecommunications 
plant is placed in service.
    Time of retirement means the date at which telecommunications plant 
is retired from service.
    Tangible property means assets characterized by physical existence, 
such as land, buildings, equipment, furniture, fixtures and tools.

[51 FR 43499, Dec. 2, 1986, as amended at 61 FR 50245, Sept. 25, 1996; 
62 FR 39778, July 24, 1997; 62 FR 51064, Sept. 30, 1997; 64 FR 50008, 
Sept. 15, 1999; 67 FR 5700, Feb. 6, 2002]



PART 36_JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES FOR 

SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES, EXPENSES, TAXES 
AND RESERVES FOR TELECOMMUNICATIONS COMPANIES \1\--Table of Contents



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

    \1\ The Commission has determined that the same jurisdictional 
separations used in the contiguous states are to be used for Alaska, 
Hawaii, Puerto Rico and the Virgin Islands. Integration of Rates and 
Services, Docket No. 21263, 87 FCC 2nd 18 (1981); Integration of Rates 
and Services, Docket No. 21264, 72 FCC 2nd 699 (1979).
---------------------------------------------------------------------------

                            Subpart A_General

Sec.
36.1 General.
36.2 Fundamental principles underlying procedures.
36.3 Freezing of jurisdictional separations category relationships and/
          or allocation factors.

                  Subpart B_Telecommunications Property

                                 General

36.101 Section arrangement.
36.102 General.

                       General Support Facilities

36.111 General.
36.112 Apportionment procedure.

                        Central Office Equipment

36.121 General.
36.122 Categories and apportionment procedures.
36.123 Operator systems equipment--Category 1.
36.124 Tandem switching equipment--Category 2.
36.125 Local switching equipment--Category 3.
36.126 Circuit equipment--Category 4.

           Information Origination/Termination (IOT) Equipment

36.141 General.
36.142 Categories and apportionment procedures.

[[Page 477]]

                        Cable and Wire Facilities

36.151 General.
36.152 Categories of Cable and Wire Facilities (C&WF).
36.153 Assignment of Cable and Wire Facilities (C&WF) to categories.
36.154 Exchange Line Cable and Wire Facilities (C&WF)--Category 1--
          apportionment procedures.
36.155 Wideband and exchange truck (C&WF)--Category 2--apportionment 
          procedures.
36.156 Interexchange Cable and Wire Facilities (C&WF)--Category 3--
          apportionment procedures.
36.157 Host/remote message Cable and Wire Facilities (C&WF)--Category 
          4--apportionment procedures.

                           Amortizable Assets

36.161 Tangible assets--Account 2680.
36.162 Intangible assets--Account 2690.

                     Telecommunications Plant--Other

36.171 Property held for future telecommunications use--Account 2002; 
          Telecommunications plant under construction--Account 2003; and 
          Telecommunications plant adjustment--Account 2005.

                       Rural Telephone Bank Stock

36.172 Other noncurrent assets--Account 1410.

             Material and Supplies and Cash Working Capital

36.181 Material and supplies--Account 1220.
36.182 Cash working capital.

                         Equal Access Equipment

36.191 Equal access equipment.

        Subpart C_Operating Revenues and Certain Income Accounts

                                 General

36.201 Section arrangement.
36.202 General.

                           Operating Revenues

36.211 General.
36.212 Basic local services revenue--Account 5000 (Class B telephone 
          companies); Basic area revenue--Account 5001 (Class A 
          telephone companies).
36.213 Network access services revenues.
36.214 Long distance message revenue--Account 5100.
36.215 Miscellaneous revenue--Account 5200.
36.216 Uncollectible revenue--Account 5300.

                         Certain Income Accounts

36.221 Other operating income and expenses--Account 7100.
36.222 Nonoperating income and expenses--Account 7300.
36.223 Interest and related items--Account 7500.
36.224 Extraordinary items--Account 7600.
36.225 Income effect of jurisdictional ratemaking differences--Account 
          7910.

                 Subpart D_Operating Expenses and Taxes

                                 General

36.301 Section arrangement.
36.302 General.

                   Plant Specific Operations Expenses

36.310 General.

                Network Support/General Support Expenses

36.311 Network Support/General Support Expenses--Accounts 6110 and 6120 
          (Class B Telephone Companies); Accounts 6112, 6113, 6114, 
          6121, 6122, 6123, and 6124 (Class A Telephone Companies).

                         Central Office Expenses

36.321 Central office expenses--Accounts 6210, 6220, and 6230 (Class B 
          telephone companies); Accounts 6211, 6212, 6220, 6231, and 
          6232 (Class A telephone companies).

              Information Origination/Termination Expenses

36.331 Information origination/termination expenses--Account 6310 (Class 
          B telephone companies); Accounts 6311, 6341, 6351, and 6362 
          (Class A telephone companies).

                   Cable and Wire Facilities Expenses

36.341 Cable and wire facilities expenses--Account 6410 (Class B 
          telephone companies); Accounts 6411, 6421, 6422, 6423, 6424, 
          6426, 6431, and 6441 (Class A telephone companies).

                  Plant Nonspecific Operations Expenses

36.351 General.

                          Plant Expenses--Other

36.352 Other property plant and equipment expenses--Account 6510 (Class 
          B telephone companies); Accounts 6511 and 6512 (Class A 
          telephone companies).

                       Network Operations Expenses

36.353 Network operations expenses--Account 6530 (Class B telephone 
          companies); Accounts 6531, 6532, 6533, 6534, and 6535 (Class A 
          telephone companies).
36.354 Access expenses--Account 6540.

[[Page 478]]

                 Depreciation and Amortization Expenses

36.361 Depreciation and amortization expenses--Account 6560.

                      Customer Operations Expenses

36.371 General.
36.372 Marketing--Account 6610 (Class B telephone companies); Accounts 
          6611 and 6613 (Class A telephone companies).
36.373 Services--Account 6620.
36.374 Telephone operator services.
36.375 Published directory listing.
36.376 All other.
36.377 Category 1--Local business office expense.
36.378 Category 2--Customer services (revenue accounting).
36.379 Message processing expense.
36.380 Other billing and collecting expense.
36.381 Carrier access charge billing and collecting expense.
36.382 Category 3--All other customer services expense.

                      Corporate Operations Expense

36.391 General.
36.392 General and administrative--Account 6720.

                             Operating Taxes

36.411 Operating taxes--Account 7200 (Class B Telephone Companies); 
          Accounts 7210, 7220, 7230, 7240, and 7250 (Class A Telephone 
          Companies).
36.412 Apportionment procedures.

                          Equal Access Expenses

36.421 Equal access expenses.

                    Subpart E_Reserves and Deferrals

36.501 General.
36.502 Other jurisdictional assets--Net--Account 1500.
36.503 Accumulated depreciation--Account 3100.
36.504 Accumulated depreciation--Property held for future 
          telecommunications use--Account 3200.
36.505 Accumulated amortization--Tangible--Account 3400 (Class B 
          Telephone Companies); Accumulated amortization--Capital 
          Leases--Account 3410 (Class A Telephone Companies).
36.506 Net current deferred operating income taxes--Account 4100, Net 
          noncurrent deferred operating income taxes--Account 4340.
36.507 Other jurisdictional liabilities and deferred credits--Net--
          Account 4370.

                    Subpart F_Universal Service Fund

                                 General

36.601 General.
36.602 Calculation of non-rural carrier portion of nationwide loop cost 
          expense adjustment.
36.603 Calculation of rural incumbent local exchange carrier portion of 
          nationwide loop cost expense adjustment.
36.604 Calculation of the rural growth factor.
36.605 Calculation of safety net additive.

                             Data Collection

36.611 Submission of information to the National Exchange Carrier 
          Association (NECA).
36.612 Updating information submitted to the National Exchange Carrier 
          Association.
36.613 Submission of information by the National Exchange Carrier 
          Association.

            Calculation of Loop Costs for Expense Adjustment

36.621 Study area total unseparated loop cost.
36.622 National and study area average unseparated loop costs.

    Calculation of Expense Adjustment--Additional Interstate Expense 
                               Allocation

36.631 Expense adjustment.

                     Transitional Expense Adjustment

36.641 Transition.

Subpart G--[Reserved]

Appendix to Part 36--Glossary

    Authority: 47 U.S.C. Secs. 151, 154 (i) and (j), 205, 221(c), 254, 
403 and 410.

    Source: 52 FR 17229, May 6, 1987, unless otherwise noted.



                            Subpart A_General



Sec. 36.1  General.

    (a) This part contains an outline of separations procedures for 
telecommunications companies on the station-to-station basis. These 
procedures are applicable either to property costs, revenues, expenses, 
taxes, and reserves as recorded on the books of the company or to 
estimated amounts.
    (1) Where a value basis is used instead of book costs, the ``costs'' 
referred to are the ``values'' of the property derived from the 
valuation.
    (b) The separations procedures set forth in this part are designed 
primarily for the allocation of property

[[Page 479]]

costs, revenues, expenses, taxes and reserves between state and 
interstate jurisdictions. For separations, where required, of the state 
portion between exchange and toll or for separations of individual 
exchanges or special services, further analyses and studies may be 
required to adapt the procedures to such additional separations.
    (c) The fundamental basis on which separations are made is the use 
of telecommunications plant in each of the operations. The first step is 
the assignment of the cost of the plant to categories. The basis for 
making this assignment is the identification of the plant assignable to 
each category and the determination of the cost of the plant so 
identified. The second step is the apportionment of the cost of the 
plant in each category among the operations by direct assignment where 
possible, and all remaining costs are assigned by the application of 
appropriate use factors.
    (d) In assigning book costs to categories, the costs used for 
certain plant classes are average unit costs which equate to all book 
costs of a particular account or subaccount; for other plant classes, 
the costs used are those which either directly approximate book cost 
levels or which are equated to match total book costs at a given 
location.
    (e) The procedures outlined herein reflect ``short-cuts'' where 
practicable and where their application produces substantially the same 
separations results as would be obtained by the use of more detailed 
procedures, and they assume the use of records generally maintained by 
Telecommunications Companies.
    (f) The classification to accounts of telecommunications property, 
revenues, expenses, etc., set forth in this manual is that prescribed by 
the Federal Communications Commission's Uniform System of Accounts for 
Telecommunications Companies.
    (g) In the assignment of property costs to categories and in the 
apportionment of such costs among the operations, each amount so 
assigned and apportioned is identified as to the account classification 
in which the property is included. Thus, the separated results are 
identified by property accounts and apportionment bases are provided for 
those expenses which are separated on the basis of the apportionment of 
property costs. Similarly, amounts of revenues and expenses assigned 
each of the operations are identified as to account classification.
    (h) The separations procedures described in this part are not to be 
interpreted as indicating what property, revenues, expenses and taxes, 
or what items carried in the income, reserve and retained earnings 
accounts, should or should not be considered in any investigation or 
rate proceeding.



Sec. 36.2  Fundamental principles underlying procedures.

    (a) The following general principles underlie the procedures 
outlined in this part:
    (1) Separations are intended to apportion costs among categories or 
jurisdictions by actual use or by direct assignment.
    (2) Separations are made on the ``actual use'' basis, which gives 
consideration to relative occupancy and relative time measurements.
    (3) In the development of ``actual use'' measurements, measurements 
of use are (i) determined for telecommunications plant or for work 
performed by operating forces on a unit basis (e.g., conversation-
minute-kilometers per message, weighted standard work seconds per call) 
in studies of traffic handled or work performed during a representative 
period for all traffic and (ii) applied to overall traffic volumes, 
i.e., 24-hour rather than busy-hour volumes.
    (b) Underlying the procedures included in this manual for the 
separation of plant costs is an over-all concept which may be described 
as follows:
    (1) Telecommunications plant, in general, is segregable into two 
broad classifications, namely, (i) interexchange plant, which is plant 
used primarily to furnish toll services, and (ii) exchange plant, which 
is plant used primarily to furnish local services.
    (2) Within the interexchange classification, there are three broad 
types of plant, i.e., operator systems, switching plant, and trunk 
transmission equipment. Within the exchange classification there are 
four board types of plant, i.e., operator systems, switching

[[Page 480]]

plant, truck equipment and subscriber plant. Subscriber plant comprises 
lines to the subscriber.
    (3) In general, the basis for apportioning telecommunications plant 
used jointly for state and interstate operations are:
    (i) Operator work time expressed in weighted standard work seconds 
is the basis for measuring the use of operator systems.
    (ii) Holding-time-minutes is the basis for measuring the use of toll 
switching plant.
    (iii) Conversation-minute-kilometers or conversation minutes is the 
basis for measuring the use of interexchange circuit plant and holding-
time minutes is the basis for measuring the use of exchange trunk plant. 
While the use of holding-time-minute-kilometers is the basic fundamental 
allocation factor for interexchange circuit plant and exchange trunk 
plant, the use of conversation-minute-kilometers or conversation-minutes 
for the allocation of interexchange circuit plant and holding-time 
minutes for the allocation of exchange trunk plant are considered 
practical approximations for separations between state and interstate 
operations when related to the broad types of plant classifications used 
herein.
    (iv) A subscriber plant factor is the basis of apportioning the cost 
of message telecommunications subscriber plant and local switching plant 
between State and interstate operations. The subscriber plant factor is 
developed and used according to the procedures set forth in Sec. Sec. 
36.154(c) through 36.154(f).
    (c) Property rented to affiliates, if not substantial in amount, is 
included as used property of the owning company with the associated 
revenues and expenses treated consistently: Also such property rented 
from affiliates is not included with the used property of the company 
making the separations; the rent paid is included in its expenses. If 
substantial in amount, the following treatment is applied:
    (1) In the case of property rented to affiliates, the property and 
related expenses and rent revenues are excluded from the telephone 
operations of the owning company, and
    (2) In the case of property rented from affiliates, the property and 
related expenses are included with, and the rent expenses are excluded 
from, the telephone operations of the company making the separation.
    (d) Property rented to or from non-affiliates is usually to be 
included as used property of the owning company with the associated 
revenues and expenses treated consistently. In the event the amount is 
substantial, the property involved and the revenues and expenses 
associated therewith may be excluded from or included in the 
telecommunications operations of the company. When required, the cost of 
property rented to or from non-affiliates is determined using procedures 
that are consistent with the procedures for the allocation of costs 
among the operations.
    (e) Costs associated with services or plant billed to another 
company which have once been separated under procedures consistent with 
general principles set forth in this part, and are thus identifiable as 
entirely interstate or State in nature, shall be directly assigned to 
the appropriate operation and jurisdiction.

[52 FR 17229, May 6, 1987, as amended at 58 FR 44905, Aug. 25, 1993]



Sec. 36.3  Freezing of jurisdictional separations category relationships 
and/or allocation factors.

    (a) Effective July 1, 2001, through June 30, 2006, all local 
exchange carriers subject to part 36 rules shall apportion costs to the 
jurisdictions using their study area and/or exchange specific 
jurisdictional allocation factors calculated during the twelve month 
period ending December 31, 2000, for each of the categories/sub-
categories as specified herein. Direct assignment of private line 
service costs between jurisdictions shall be updated annually. Other 
direct assignment of investment, expenses, revenues or taxes between 
jurisdictions shall be updated annually. Local exchange carriers that 
invest in telecommunications plant categories during the period July 1, 
2001, through June 30, 2006, for which it had no separations allocation 
factors for the twelve month period ending December

[[Page 481]]

31, 2000, shall apportion that investment among the jurisdictions in 
accordance with the separations procedures in effect as of December 31, 
2000 for the duration of the freeze.
    (b) Effective July 1, 2001, through June 30, 2006, local exchange 
carriers subject to price cap regulation, pursuant to Sec. 61.41, shall 
assign costs from the part 32 accounts to the separations categories/
sub-categories, as specified herein, based on the percentage 
relationships of the categorized/sub-categorized costs to their 
associated part 32 accounts for the twelve month period ending December 
31, 2000. If a part 32 account for separations purposes is categorized 
into more than one category, the percentage relationship among the 
categories shall be utilized as well. Local exchange carriers that 
invest in types of telecommunications plant during the period July 1, 
2001, through June 30, 2006, for which it had no separations category 
investment for the twelve month period ending December 31, 2000, shall 
assign such investment to separations categories in accordance with the 
separations procedures in effect as of December 31, 2000. Local exchange 
carriers not subject to price cap regulation, pursuant to Sec. 61.41 of 
this chapter, may elect to be subject to the provisions of Sec. 
36.3(b). Such election must be made prior to July 1, 2001. Local 
exchange carriers electing to become subject to Sec. 36.3(b) shall not 
be eligible to withdraw from such regulation for the duration of the 
freeze. Local exchange carriers participating in Association tariffs, 
pursuant to Sec. 69.601 of this chapter et seq., shall notify the 
Association prior to July 1, 2001, of such intent to be subject to the 
provisions of Sec. 36.3(b). Local exchange carriers not participating 
in Association tariffs shall notify the Commission prior to July 1, 
2001, of such intent to be subject to the provisions of Sec. 36.3(b).
    (c) Effective July 1, 2001, through June 30, 2006, any local 
exchange carrier that sells or otherwise transfers exchanges, or parts 
thereof, to another carrier's study area shall continue to utilize the 
factors and, if applicable, category relationships as specified in 
Sec. Sec. 36.3(a) and (b).
    (d) Effective July 1, 2001, through June 30, 2006, any local 
exchange carrier that buys or otherwise acquires exchanges or part 
thereof, shall calculate new, composite factors and, if applicable, 
category relationships based on a weighted average of both the seller's 
and purchaser's factors and category relationships calculated pursuant 
to Sec. Sec. 36.3(a) and 36.3(b). This weighted average should be based 
on the number of access lines currently being served by the acquiring 
carrier and the number of access lines in the acquired exchanges.
    (1) To compute the composite allocation factors and, if applicable, 
the composite category percentage relationships of the acquiring 
company, the acquiring carrier shall first sum its existing (pre-
purchase) access lines (A) with the total access lines acquired from 
selling company (B). Then, multiply its factors and category 
relationship percentages by (A/(A+B)) and those of the selling company 
by (B/(A+B)) and sum the results.
    (2) For carriers subject to a freeze of category relationships, the 
acquiring carrier should remove all categories of investment from the 
selling carrier's list of frozen category relationships where no such 
category investment exists within the sold exchange(s). The seller's 
remaining category relationships must then be increased proportionately 
to total 100 percent. Then, the adjusted seller's category relationships 
must be combined with those of the acquiring carrier as specified in 
Sec. 36.3(d)(1) to determine the category relationships for the 
acquiring carrier's post-transfer study area.
    (e) Any local exchange carrier study area converting from average 
schedule company status, as defined in Sec. 69.605(c) of this chapter, 
to cost company status during the period July 1, 2001, through June 30, 
2006, shall, for the first twelve months subsequent to conversion 
categorize the telecommunications plant and expenses and develop 
separations allocation factors in accordance with the separations 
procedures in effect as of December 31, 2000. Effective July 1, 2001 
through June 30, 2006, such companies shall utilize the separations 
allocation factors and account categorization subject to the 
requirements of

[[Page 482]]

Sec. Sec. 36.3(a) and (b) based on the category relationships and 
allocation factors for the twelve months subsequent to the conversion to 
cost company status.

[66 FR 33204, June 21, 2001]



                  Subpart B_Telecommunications Property

                                 General



Sec. 36.101  Section arrangement.

    (a) This subpart is arranged in sections as follows:

                                 General

Telecommunications Plant in Service--Account 2001--36.101 and 36.102.
General Support Facilities--Account 2110--36.111 and 36.112.
Central Office Equipment--Accounts 2210, 2220, 2230--36.121 thru 36.126.
Information Origination/Termination Equipment--Account 2310--36.141 and 
36.142.
Cable and Wire Facilities--Account 2410--36.151 thru 36.157.
Amortization Assets--Accounts 2680 and 2690--36.161 and 36.162.
Telecommunications Plant--Other Accounts 2002 thru 2005--36.171.
Rural Telephone Bank Stock--36.172.
Material and Supplies--Accounts 1220, and Cash Working Capital--36.181 
and 36.182.
Equal Access Equipment--36.191.

[60 FR 12138, Mar. 6, 1995]



Sec. 36.102  General.

    (a) This section contains an outline of the procedures used in the 
assignment of Telecommunications Plant in Service--Account 2001 to 
categories and the apportionment of the cost assigned to each category 
among the operations.
    (b) The treatment of rental plant is outlined in Sec. Sec. 36.2(c) 
through 36.2(e). If the amount of such plant is substantial, the cost 
may be determined by using the general procedures set forth for the 
assignment of the various kinds of property to categories.
    (c) The amount of depreciation deductible from the book cost or 
``value'' is apportioned among the operations in proportion to the 
separation of the cost of the related plant accounts.

                       General Support Facilities



Sec. 36.111  General.

    (a) The costs of the general support facilities are contained in 
Account 2110, Land and Support Assets. This account contains land, 
buildings, motor vehicles, aircraft, special purpose vehicles, garage 
work equipment, other work equipment, furniture, office equipment and 
general purpose computers.



Sec. 36.112  Apportionment procedure.

    (a) The costs of the general support facilities of Class A Companies 
(which are defined in part 32 of the Commission's Rules) are apportioned 
among the operations on the basis of the separation of the costs of the 
combined Big Three Expenses which include the following accounts:

                         Plant Specific Expenses

Central Office Switching Expenses--Accounts 6211 and 6212
Operators Systems Expenses--Account 6220
Central Office Transmission Expenses--Accounts 6231 and 6232
Information Origination/Termination Expenses--Accounts 6311, 6341, 6351, 
and 6362
Cable and Wire Facilities Expenses-- Accounts 6411, 6421, 6422, 6423, 
6424, 6426, 6431, and 6441

                       Plant Non-Specific Expenses

Network Operations Expenses--Accounts 6531, 6532, 6533, 6534, and 6535

                      Customer Operations Expenses

Marketing--Account 6611 and 6613
Services--Account 6620
    (b) The costs of the general support facilities for Class B 
Companies (which are defined by part 32 of the Commission's Rules) are 
apportioned among the operations on the basis of the separation of the 
costs of Central Office Equipment, Information Origination/Termination 
Equipment, and Cable and Wire Facilities, combined.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988; 69 
FR 12549, Mar. 17, 2004]

[[Page 483]]

                        Central Office Equipment



Sec. 36.121  General.

    (a) The costs of central office equipment are carried in the 
following accounts:

Central Office Switching.................  Account 2210.
Non-digital Switching....................  Account 2211.
Digital Electronic Switching.............  Account 2212.
Operator Systems.........................  Account 2220.
Central Office--Transmission.............  Account 2230.
Radio Systems............................  Account 2231.
Circuit Equipment........................  Account 2232.
 

    (b) Records of the cost of central office equipment are usually 
maintained for each study area separately by accounts. However, each 
account frequently includes equipment having more than one use. Also, 
equipment in one account frequently is associated closely with equipment 
in the same building in another account. Therefore, the separations 
procedures for central office equipment have been designed to deal with 
categories of plant rather than with equipment in an account.
    (c) In the separation of the cost of central office equipment among 
the operations, the first step is the assignment of the equipment in 
each study area to categories. The basic method of making this 
assignment is the identification of the equipment assignable to each 
category, and the determination of the cost of the identified equipment 
by analysis of accounting, engineering and other records.
    (1) The cost of common equipment not assigned to a specific 
category, e.g., common power equipment, including emergency power 
equipment, aisle lighting and framework, including distributing frames, 
is distributed among the categories in proportion to the cost of 
equipment, (excluding power equipment not dependent upon common power 
equipment) directly assigned to categories.
    (i) The cost of power equipment used by one category is assigned 
directly to that category, e.g., 130 volt power supply provided for 
circuit equipment. The cost of emergency power equipment protecting only 
power equipment used by one category is also assigned directly to that 
category.
    (ii) Where appropriate, a weighting factor is applied to the cost of 
circuit equipment in distributing the power plant costs not directly 
assigned, in order to reflect the generally greater power use per dollar 
of cost of this equipment.
    (d) The second step is the apportionment of the cost of the 
equipment in each category among the operations through the application 
of appropriate use factors or by direct assignment.

[52 FR 17229, May 6, 1987, as amended at 69 FR 12549, Mar. 17, 2004]



Sec. 36.122  Categories and apportionment procedures.

    (a) The following categories of central office equipment and 
apportionment procedures therefore are set forth in Sec. Sec. 36.123 
through 36.126.

Operator Systems Equipment.............  Category 1.
Tandem Switching Equipment.............  Category 2.
Local Switching Equipment..............  Category 3.
Circuit Equipment......................  Category 4.
 



Sec. 36.123  Operator systems equipment--Category 1.

    (a) Operator systems equipment is contained in Account 2220. It 
includes all types of manual telephone switchboards except tandem 
switchboards and those used solely for recording of calling telephone 
numbers in connection with customer dialed charge traffic. It includes 
all face equipment, terminating relay circuits of trunk and toll line 
circuits, cord circuits, cable turning sections, subscriber line 
equipment, associated toll connecting trunk equipment, number checking 
facilities, ticket distributing systems, calculagraphs, chief operator 
and other desks, operator chairs, and other such equipment.
    (1) Operator systems equipment is generally classified according to 
operating arrangements of which the following are typical:
    (i) Separate toll boards
    (ii) Separate local manual boards

[[Page 484]]

    (iii) Combined local manual and toll boards
    (iv) Combined toll and DSA boards
    (v) Separate DSA and DSB boards
    (vi) Service observing boards
    (vii) Auxiliary service boards
    (viii) Traffic service positions
    (2) If switchboards as set forth in Sec. 36.123(a) are of the key 
pulsing type, the cost of the key pulsing senders, link and trunk finder 
equipment is included with the switchboards.
    (3) DSB boards include the associated DSB dial equipment, such as 
link and sender equipment.
    (4) Traffic service position systems include the common control and 
trunk equipment in addition to the associated groups of positions 
wherever located.
    (5) Effective July 1, 2001, through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41 of this 
chapter, shall assign the average balance of Account 2220, Operator 
Systems, to the categories/subcategories, as specified in Sec. 
36.123(a)(1), based on the relative percentage assignment of the average 
balance of Account 2220 to these categories/subcategories during the 
twelve month period ending December 31, 2000.
    (6) Effective July 1, 2001 through June 30, 2006, all study areas 
shall apportion the costs assigned to the categories/subcategories, as 
specified in Sec. 36.123(a)(1), among the jurisdictions using the 
relative use measurements for the twelve month period ending December 
31, 2000 for each of the categories/subcategories specified in 
Sec. Sec. 36.123 (b) through 36.123(e).
    (b) The cost of the following operator systems equipment is 
apportioned among the operations on the basis of the relative number of 
weighted standard work seconds handled at the switchboards under 
consideration.
    (1) The following types of switchboards at toll centers are 
generally apportioned individually:
    (i) Separate toll boards. These usually include outward, through and 
inward positions in separate lines and associated inward toll 
switchboard positions in line.
    (ii) Switchboards handling both local and toll, either combined or 
having segregated local and toll positions in the same line.
    (iii) Switchboards handling both toll and DSA, either combined or 
having segregated toll and DSA positions in the same line.
    (iv) Traffic service positions, including separately located groups 
of these positions when associated with a common basic control unit.
    (2) The following types of switchboards at toll centers are 
apportioned individually, or by groups of comparable types of boards for 
each exchange:
    (i) Separate local manual boards. This includes the local positions 
of manual boards where inward toll positions are in the same line.
    (ii) Separate DSA boards.
    (iii) Separate DSB boards.
    (3) Tributary boards may be treated individually if warranted or 
they may be treated on a group basis.
    (c) Auxiliary service boards generally handle rate and route, 
information, and intercept service at individual or joint positions. The 
cost of these boards is apportioned as follows:
    (1) The cost of separate directory assistance boards is apportioned 
among the operations on the basis of the relative number of weighted 
standard work seconds handled at the boards under consideration. 
Directory assistance weighted standard work seconds are apportioned 
among the operations on the basis of the classification of these 
weighted standard work seconds as follows:
    (i) Directory assistance weighted standard work seconds first are 
classified between calls received over toll directory assistance trunks 
from operators or customers and all other directory assistance calls.
    (ii) The directory assistance weighted standard work seconds of each 
type further are classified separately among the operations on the basis 
of an analysis of a representative sample of directory assistance calls 
of each type with reference to the locations of the calling and called 
stations for each call.
    (2) The cost of separate intercept boards and automated intercept 
systems in the study area is appportioned among the operations on the 
basis of

[[Page 485]]

the relative number of subscriber line minutes of use.
    (3) The cost of separate rate and route boards is generally included 
with the cost of the toll boards served and is apportioned with those 
boards.
    (4) Where more than one auxiliary service is handled at an auxiliary 
board, the cost of the board is apportioned among the auxiliary services 
on the basis of the relative number of weighted standard work seconds 
for each service. The cost of that part of the board allocated to each 
auxiliary service is apportioned among the operations in the same manner 
as for a separate auxiliary board.
    (d) The cost of joint exchange and toll service observing boards is 
first apportioned between exchange and toll use on the basis of the 
relative number of exchange and toll service observing units at these 
boards. The cost of separate toll service observing boards and the toll 
portion of joint service observing boards is apportioned between state 
and interstate operations on the basis of the relative number of toll 
minutes of use associated with the toll messages originating in the 
offices observed.
    (e) Traffic Service Position System (TSPS) investments are 
apportioned as follows:
    (1) Operator position investments are apportioned on the basis of 
the relative weighted standard work seconds for the entire TSPS complex.
    (2) Remote trunk arrangement (RTA) investments are apportioned on 
the basis of the relative processor real time (i.e., actual seconds) 
required to process TSPS traffic originating from the end offices served 
by each RTA.
    (3) The remaining investments at the central control location, such 
as the stored program control and memory, is apportioned on the basis of 
the relative processor real time (i.e., actual seconds) for the entire 
TSPS complex.

[52 FR 17229, May 6, 1987, as amended at 66 FR 33205, June 21, 2001]



Sec. 36.124  Tandem switching equipment--Category 2.

    (a) Tandem switching equipment is contained in Accounts 2210, 2211, 
and 2212. It includes all switching equipment in a tandem central 
office, including any associated tandem switchboard positions and any 
intertoll switching equipment. Intertoll switching equipment includes 
switching equipment used for the interconnection of message toll 
telephone circuits with each other or with local or tandem telephone 
central office trunks, intertoll dial selector equipment, or intertoll 
trunk equipment in No. 5 type electronic offices. Equipment, including 
switchboards used for recording of calling telephone numbers and other 
billing information in connection with customer dialed charge traffic is 
included with Local Switching Equipment--Category 3.
    (1) At toll center toll offices, intertoll switching equipment 
comprises equipment in the toll office used in the interconnection of: 
Toll center to toll center circuits; toll center to tributary circuits; 
tributary to tributary circuits; toll center to tandem circuits or in 
the interconnection of the aforementioned types of circuits with trunks 
to local offices in the toll center city, i.e., interconnection with 
toll switching trunks, operator trunks, information trunks, testing 
trunks, etc. Equipment associated with the local office end of such 
trunks is included with local switching equipment or switchboard 
categories as appropriate.
    (2) At tributary offices, this category includes intertoll switching 
equipment similar to that at toll center toll offices if it is used in 
the interconnection of: Tributary to tributary circuits; tributary to 
subtributary circuits; subtributary to subtributary circuits; toll 
center to subtributary circuits; or if it is used jointly in the 
interconnection of any of the aforementioned types of circuits and in 
the interconnection of such toll circuits with trunk circuits for the 
handling of traffic terminating in the tributary office. Where 
comparable equipment has no joint use but is used only for the handling 
of traffic terminating in the tributary office, it is included in the 
local switching equipment category.
    (3) At all switching entities, this category includes intertoll 
switching equipment similar to that at toll center toll offices if it is 
used in the interconnection of switched private line trunks or TWX 
switching plant trunks

[[Page 486]]

when these functions are in addition to the message telephone switching 
function. Switching entities wholly dedicated to switching of special 
services are assigned to Category 3--Local Switching Equipment.
    (b) The costs of central office equipment items assigned this 
category are to be directly assigned when possible. When direct 
assignment is not possible the costs shall be apportioned among the 
operations on the basis of the relative number of study area minutes of 
use of this equipment.
    (c) Effective July 1, 2001, through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41 of this 
chapter, shall assign the average balances of Accounts 2210, 2211, and 
2212 to Category 2, Tandem Switching Equipment based on the relative 
percentage assignment of the average balances of Account 2210, 2211, 
2212, and 2215 to Category 2, Tandem Switching Equipment during the 
twelve month period ending December 31, 2000.
    (d) Effective July 1, 2001, through June 30, 2006, all study areas 
shall apportion costs in Category 2, Tandem Switching Equipment, among 
the jurisdictions using the relative number of study area minutes of 
use, as specified in Sec. 36.124(b), for the twelve month period ending 
December 31, 2000. Direct assignment of any subcategory of Category 2 
Tandem Switching Equipment between jurisdictions shall be updated 
annually.

[52 FR 17229, May 6, 1987, as amended at 66 FR 33205, June 21, 2001; 69 
FR 12549, Mar. 17, 2004]



Sec. 36.125  Local switching equipment--Category 3.

    (a) Local switching equipment is included in accounts 2210, 2211, 
and 2212. It comprises all central office switching equipment not 
assigned other categories. Examples of local switching equipment are 
basic switching train, toll connecting trunk equipment, interlocal 
trunks, tandem trunks, terminating senders used for toll completion, 
toll completing train, call reverting equipment, weather and time of day 
service equipment, and switching equipment at electronic analog or 
digital remote line locations. Equipment used for the identification, 
recording and timing of customer dialed charge traffic, or switched 
private line traffic (e.g. transmitters, recorders, call identity 
indexers, perforators, ticketers, detectors, mastertimes) switchboards 
used solely for recording of calling telephone numbers in connection 
with customer dialed charge traffic, or switched private line traffic 
(or both) is included in this local switching category. Equipment 
provided and used primarily for operator dialed toll or customer dialed 
charge traffic except such equipment included in Category 2 Tandem 
Switching Equipment is also included in this local switching category. 
This includes such items as directors translators, sender registers, out 
trunk selectors and facilities for toll intercepting and digit 
absorption. Special services switching equipment which primarily 
performs the switching function for special services (e.g. switching 
equipment, TWX concentrators and switchboards) is also included in this 
local switching category.
    (1) Local office, as used in Sec. 36.125, comprises one or more 
local switching entities of the same equipment type (e.g., step-by-step, 
No. 5 Crossbar) in an individual location. A local switching entity 
comprises that local central office equipment of the same type which has 
a common intermediate distributing frame, market group or other 
separately identifiable switching unit serving one or more prefixes (NNX 
codes).
    (2) A host/remote local switching complex is composed of an 
electronic analog or digital host office and all of its remote 
locations. A host/remote local switching complex is treated as one local 
office. The current jurisdictional definition of an exchange will apply.
    (3) Dial equipment minutes of use (DEM) is defined as the minutes of 
holding time of the originating and terminating local switching 
equipment. Holding time is defined in the Glossary.
    (4) The interstate allocation factor is the percentage of local 
switching investment apportioned to the interstate jurisdiction.
    (5) The interstate DEM factor is the ratio of the interstate DEM to 
the total DEM. A weighted interstate DEM

[[Page 487]]

factor is the product of multiplying a weighting factor, as defined in 
paragraph (f) of this section, to the interstate DEM factor. The state 
DEM factor is the ratio of the state DEM to the total DEM.
    (b) Beginning January 1, 1993, Category 3 investment for study areas 
with 50,000 or more access lines is apportioned to the interstate 
jurisdiction on the basis of the interstate DEM factor. Category 3 
investment for study areas with 50,000 or more access lines is 
apportioned to the state jurisdiction on the basis of the state DEM 
factor.
    (c)-(e) [Reserved]
    (f) Beginning January 1, 1993 and ending December 31, 1997, for 
study areas with fewer than 50,000 access lines, Category 3 investment 
is apportioned to the interstate jurisdiction by the application of an 
interstate allocation factor that is the lesser of either .85 or the 
product of the interstate DEM factor specified in paragraph (a)(5) of 
this section multiplied by a weighting factor, as determined by the 
table below. Beginning January 1, 1998, for study areas with fewer than 
50,000 access lines, Category 3 investment is apportioned to the 
interstate jurisdiction by the application of an interstate allocation 
factor that is the lesser of either .85 or the sum of the interstate DEM 
factor specified in paragraph (a)(5) of this section and the difference 
between the 1996 weighted interstated DEM factor and the 1996 interstate 
DEM factor. The Category 3 investment that is not assigned to the 
interstate jurisdiction pursuant to this paragraph is assigned to the 
state jurisdiction.

------------------------------------------------------------------------
                                                               Weighting
         No. of access lines in service in study area            factor
------------------------------------------------------------------------
0-10,000.....................................................        3.0
10,001-20,000................................................        2.5
20,001-50,000................................................        2.0
50,001-or above..............................................        1.0
------------------------------------------------------------------------

    (g) For purposes of this section, an access line is a line that does 
not include WATS access lines, special access lines or private lines.
    (h) Effective July 1, 2001, through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41 of this 
chapter, shall assign the average balances of Accounts 2210, 2211, and 
2212 to Category 3, Local Switching Equipment, based on the relative 
percentage assignment of the average balances of Account 2210, 2211, 
2212, and 2215 to Category 3, during the twelve month period ending 
December 31, 2000.
    (i) Effective July 1, 2001, through June 30, 2006, all study areas 
shall apportion costs in Category 3, Local Switching Equipment, among 
the jurisdictions using relative dial equipment minutes of use for the 
twelve month period ending December 31, 2000.
    (j) If during the period from January 1, 1997, through June 30, 
2006, the number of a study area's access lines increased or will 
increase such that, under Sec. 36.125(f) the weighting factor would be 
reduced, that lower weighting factor shall be applied to the study 
area's 1996 unweighted interstate DEM factor to derive a new local 
switching support factor. The study area will restate its Category 3, 
Local Switching Equipment factor under Sec. 36.125(f) and use that 
factor for the duration of the freeze period.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33011, 33012, Aug. 29, 
1988; 62 FR 32946, June 17, 1997; 63 FR 2124, Jan. 13, 1998; 66 FR 
33205, June 21, 2001; 69 FR 12549, Mar. 17, 2004]



Sec. 36.126  Circuit equipment--Category 4.

    (a) For the purpose of this section, the term ``Circuit Equipment'' 
encompasses the Radio Systems and Circuit Equipment contained in 
Accounts 2230 through 2232 respectively. It includes central office 
equipment, other than switching equipment and automatic message 
recording equipment, which is used to derive communications transmission 
channels or which is used for the amplification, modulation, 
regeneration, testing, balancing or control of signals transmitted over 
communications transmission channels. Examples of circuit equipment in 
general use include:
    (1) Carrier telephone and telegraph system terminals.
    (2) Telephone and telegraph repeaters, termination sets, impedance 
compensators, pulse link repeaters, echo suppressors and other 
intermediate transmission amplification and balancing equipment except 
that included in switchboards.

[[Page 488]]

    (3) Radio transmitters, receivers, repeaters and other radio central 
office equipment except message switching equipment associated with 
radio systems.
    (4) Composite ringers, line signaling and switching pad circuits.
    (5) Concentration equipment.
    (6) Composite sets and repeating coils.
    (7) Program transmission amplifiers, monitoring devices and volume 
indicators.
    (8) Testboards, test desks, repair desks and patch bays, including 
those provided for test and control, and for telegraph and transmission 
testing.
    (b) For apportionment among the operations, the cost of circuit 
equiment is assigned to the following subsidiary categories:
    (1) Exchange Circuit Equipment--Category 4.1.
    (i) Wideband Exchange Line Circuit Equipment--Category 4.11.
    (ii) Exchange Trunk Circuit Equipment (Wideband and Non-Wideband)--
Category 4.12.
    (iii) Exchange Line Circuit Equipment Excluding Wideband--Category 
4.13.
    (2) Interexchange Circuit Equipment--Category 4.2.
    (i) Interexchange Circuit Equipment Furnished to Another Company for 
Interstate Use--Category 4.21.
    (ii) Interexchange Circuit Equipment Used for Wideband Services 
including Satellite and Earth Station Equipment used for Wideband 
Service--Category 4.22.
    (iii) All Other Interexchange Circuit Equipment--Category 4.23.
    (3) Host/Remote Message Circuit Equipment--Category 4.3.
    (4) In addition, for the purpose of identifying and separating 
property associated with special services, circuit equipment included in 
Categories 4.12 (other than wideband equipment) 4.13 and 4.23 is 
identified as either basic circuit equipment, i.e., equipment that 
performs functions necessary to provide and operate channels suitable 
for voice transmission (telephone grade channels), or special circuit 
equipment, i.e., equipment that is peculiar to special service circuits. 
Carrier telephone terminals and carrier telephone repeaters are examples 
of basic circuit equipment is general use, while audio program 
transmission amplifiers, bridges, monitoring devices and volume 
indicators, telegraph carrier terminals and telegraph repeaters are 
examples of special circuit equipment in general use. Cost of exchange 
circuit equipment included in Categories 4.12 and 4.13 and the 
interexchange circuit equipment in Categories 4.21, 4.22 and 4.23 are 
segregated between basic circuit equipment and special circuit equipment 
only at those locations where amounts of interexchange and exchange 
special circuit equipment are significant. Where such segregation is not 
made, the total costs in these categories are classified as basic 
circuit equipment.
    (5) Effective July 1, 2001, through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41, shall assign 
the average balances of Accounts 2230 through 2232 to the categories/
subcategories as specified in Sec. Sec. 36.126(b)(1) through (b)(4) 
based on the relative percentage assignment of the average balances of 
Accounts 2230 through 2232 costs to these categories/subcategories 
during the twelve month period ending December 31, 2000.
    (c) Apportionment of Exchange Circuit Equipment Among the 
Operations:
    (1) Wideband Exchange Line Circuit Equipment--Category 4.11--The 
cost of exchange circuit equipment in this category is determined 
separately for each wideband facility. The respective costs are 
allocated to the appropriate operation in the same manner as the related 
exchange line cable and wire facilities described in Sec. 36.155.
    (2) Exchange Trunk Circuit Equipment (Wideband and Non-Wideband)--
Category 4.12--The cost of exchange circuit equipment associated with 
this category for the study area is allocated to the appropriate 
operation in the same manner as the related exchange trunk cable and 
wire facilities as described in Sec. 36.155.
    (3) Exchange Line Circuit Equipment Excluding Wideband--Category 
4.13--The cost of Circuit Equipment associated with exchange line plant 
excluding wideband for the study area is assigned to subcategories and 
is allocated

[[Page 489]]

to the appropriate operation in the same manner as the related exchange 
line cable and wire facilities for non-wideband service as described in 
Sec. 36.154.
    (4) Effective July 1, 2001, through June 30, 2006, all study areas 
shall apportion costs in the categories/subcategories, as specified in 
Sec. Sec. 36.126(b)(1) through (b)(4), among the jurisdictions using 
the relative use measurements or factors, as specified in Sec. Sec. 
36.126(c)(1) through (c)(3) for the twelve month period ending December 
31, 2000. Direct assignment of any subcategory of Category 4.1 Exchange 
Circuit Equipment to the jurisdictions shall be updated annually.
    (d) Apportionment of Interexchange Circuit Equipment among the 
Operations: Procedures to be Used by Interexchange Carriers.
    (1) Interexchange Circuit Equipment Furnished to Another Company for 
Interstate Use--Category 4.21--This category comprises that circuit 
equipment provided for the use of another company as an integral part of 
its interexchange circuit facilities used wholly for interstate 
services. This category includes such circuit equipment as telephone 
carrier, terminals telegraph carrier terminals, and microwave systems 
used wholly for interstate services. The total cost of the circuit 
equipment in this category for the study area is assigned to the 
interstate operation.
    (2) Interexchange Circuit Equipment Used for Wideband Service--
Category 4.22--This category includes the circuit equipment portion of 
interexchange channels used for wideband services. The cost of 
interexchange circuit equipment in this category is determined 
separately for each wideband channel and is segregated between message 
and private line services on the basis of the use of the channels 
provided. The respective costs are allocated to the appropriate 
operation in the same manner as the related interexchange cable and wire 
facilities as described in Sec. 36.156.
    (3) All Other Interexchange Circuit Equipment--Category 4.23--This 
category includes the cost of all interexchange circuit equipment not 
assigned to Categories 4.21 and 4.22. Interexchange carriers shall 
freeze the allocation factors for Category 4.23 investment at levels 
reached on December 31, 1985, derived by using the procedures in effect 
at that time. On January 1, 1988, and thereafter, that frozen allocation 
factor shall be applied to each interexchange carrier's Category 4.23 
investment to derive the interstate allocation. On January 1, 1988, and 
thereafter, the amount of investment allocated to the interstate 
jurisdiction will vary but the relative proportion of the total 
investment that is allocated to the interstate jurisdiction will remain 
frozen at 1985 levels.
    (e) Apportionment of Interexchange Circuit Equipment among the 
Operations: Procedures To Be Used by Exchange Carriers.
    (1) Interexchange Circuit Equipment Furnished to Another Company for 
Interstate Use--Category 4.21--This category comprises that circuit 
equipment provided for the use of another company as an integral part of 
its interexchange circuit facilities used wholly for interstate 
services. This category includes such circuit equipment as telephone 
carrier terminals telegraph carrier terminals, and microwave systems 
used wholly for interstate services. The total cost of the circuit 
equipment in this category for the study area is assigned to the 
interstate operation.
    (2) Interexchange Circuit Equipment Used for Wideband Service--
Category 4.22--This category includes the circuit equipment portion of 
interexchange channels used for wideband services. The cost of 
interexchange circuit equipment in this category is determined 
separately for each wideband channel and is segregated between message 
and private line services on the basis of the use of the channels 
provided. The respective costs are allocated to the appropriate 
operation in the same manner as the related interexchange cable and wire 
facilities described in Sec. 36.155.
    (3) All Other Interexchange Circuit Equipment--Category 4.23--This 
category includes the cost of all interexchange circuit equipment not 
assigned to Categories 4.21 and 4.22. The cost of interexchange basic 
circuit

[[Page 490]]

equipment used for the following classes of circuits is included in this 
category: Jointly used message circuits, i.e., message switching plant 
circuits carrying messages from the state and interstate operations; 
circuits used exclusively for TWX service; circuits uses for interstate 
private line service; and circuits used for state private line services.
    (i) An average interexchange circuit equipment cost per equivalent 
interexchange telephone termination for all circuits is determined and 
applied to the equivalent interexchange telephone termination counts of 
each of the following classes of circuits: Interstate Private Line, 
State Private Line, Message, and TWX. The cost of interstate private 
line circuits is assigned directly to the interstate operation. The cost 
of state private line circuits is assigned directly to the state 
operation. The cost of message circuits is apportioned between the state 
and interstate operations on the basis of the relative number of study 
area conversation-minutes applicable to such facilities.
    (ii) The cost on interexchange circuit equipment assigned TWX 
circuits is apportioned between state and interstate toll in accordance 
with Sec. 36.126(e)(3)(i) and pursuant to the following procedures. The 
cost of circuit equipment associated with the TWX intertoll circuits 
used jointly for state and interstate operations is apportioned between 
the operations on the basis of the relative number of study area TWX 
connection-minutes applicable to such facilities. The cost of circuit 
equipment associated with the interexchange portion of the TWX remote 
access lines is apportioned between state and interstate operation on 
the basis of the relative number of study area TWX connection-minutes 
applicable to those facilities.
    (iii) The cost of special circuit equipment is segregated among TWX 
service, telegraph grade private line services and other private line 
services based on an analysis of the use of the equipment and in 
accordance with Sec. 36.126(b)(4). The cost of TWX special circuit 
equipment is apportioned on the same basis as that used for intertoll 
TWX circuits. The special circuit equipment cost assigned to telegraph 
grade and other private line services is directly assigned to the 
appropriate operation.
    (4) Effective July 1, 2001, through June 30, 2006, all study areas 
shall apportion costs in the categories/subcategories specified in 
Sec. Sec. 36.126(e)(1) through (e)(3) among the jurisdictions using 
relative use measurements or factors, as specified in Sec. Sec. 
36.126(e)(1) through (e)(3) for the twelve month period ending December 
31, 2000. Direct assignment of any subcategory of Category 4.2 
Interexchange Circuit Equipment to the jurisdictions shall be updated 
annually.
    (f) Apportionment of Host/Remote Message Circuit Equipment Among the 
Operations.
    (1) Host/Remote Message Circuit Equipment--Category 4.3. This 
category includes message host/remote location circuit equipment for 
which a message circuit switching function is performed at the host 
central office associated with cable and wire facilities as described in 
Sec. 36.152(c).
    (i) The category 4.3 cost of host/remote circuit equipment assigned 
to message services for the study area is apportioned among the 
exchange, intrastate toll, and interstate toll operations on the basis 
of the assignment of host/remote message cable and wire facilities as 
described in Sec. 36.157.
    (ii) [Reserved]
    (2) Effective July 1, 2001, through June 30, 2006, all study areas 
shall apportion costs in the subcategory specified in Sec. 36.126(f)(1) 
among the jurisdictions using the allocation factor, as specified in 
Sec. 36.126(f)(1)(i), for this subcategory for the twelve month period 
ending December 31, 2000. Direct assignment of any Category 4.3 Host/
Remote Message Circuit Equipment to the jurisdictions shall be updated 
annually.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33012 Aug. 29, 1988; 66 
FR 33205, June 21, 2001; 69 FR 12550, Mar. 17, 2004]

[[Page 491]]

           Information Origination/Termination (IOT) Equipment



Sec. 36.141  General.

    (a) Information Origination/Termination Equipment is maintained in 
Account 2310 and includes station apparatus, embedded customer premises 
wiring, large private branch exchanges, public telephone terminal 
equipment, and other terminal equipment.
    (b) The costs in Account 2310 shall be segregated between Other 
Information Origination/Termination Equipment--Category 1, and New 
Customer Premises Equipment--Category 2 by an analysis of accounting, 
engineering and other records.
    (c) Effective July 1, 2001, through June 30, 2006, local exchange 
carriers subject to price cap regulation, pursuant to Sec. 61.41 of 
this chapter, shall assign the average balance of Account 2310 to the 
categories, as specified in Sec. 36.141(b), based on the relative 
percentage assignment of the average balance of Account 2310 to these 
categories during the twelve month period ending December 31, 2000.

[52 FR 17229, May 6, 1987, as amended at 66 FR 33206, June 21, 2001]



Sec. 36.142  Categories and apportionment procedures.

    (a) Other Information Origination/Termination Equipment--Category 1. 
This category includes the cost of other information origination/
termination equipment not assigned to Category 2. The costs of other 
information origination/termination equipment are allocated pursuant to 
the factor that is used to allocate subcategory 1.3 Exchange Line C&WF. 
If amounts of coinless pay telephone equipment are substantial, the cost 
of such equipment should be separately identified and allocated on the 
basis of relative toll minutes-of-use for interexchange carriers and 
minutes-of-use for exchange carriers.
    (b) Customer Premises Equipment--Category 2. This category includes 
the cost of Customer Premises Equipment that was detariffed pursuant to 
the Second Computer Inquiry decision. It shall be assigned to the state 
operations.
    (c) Effective July 1, 2001, through June 30, 2006, all study areas 
shall apportion costs in the categories, as specified in Sec. 
36.141(b), among the jurisdictions using the relative use measurements 
or factors, as specified in Sec. 36.142(a), for the twelve month period 
ending December 31, 2000. Direct assignment of any category of 
Information Origination/Termination Equipment to the jurisdictions shall 
be updated annually.

[52 FR 17229, May 6, 1987, as amended at 66 FR 33206, June 21, 2001]

                        Cable and Wire Facilities



Sec. 36.151  General.

    (a) Cable and Wire Facilities, Account 2410, includes the following 
types of communications plant in service: Poles and antenna supporting 
structures, aerial cable, underground cable, buried cable, submarine 
cable, deep sea cable, intrabuilding network cable, aerial wire and 
conduit systems.
    (b) For separations purposes, it is necessary to analyze the cable 
and wire facilities classified in subordinate records in order to 
determine their assignment to the categories listed in the following 
paragraphs.
    (c) In the separation of the cost of cable and wire facilities among 
the operations, the first step is the assignment of the facilities to 
certain categories. The basic method of making this assignment is the 
identification of the facilities assignable to each category and the 
determination of the cost of the facilities so identified. Because of 
variations among companies in the character of the facilities and 
operating conditions, and in the accounting and engineering records 
maintained, the detailed methods followed, of necessity, will vary among 
the companies. The general principles to be followed, however, will be 
the same for all companies.
    (d) The second step is the apportionment of the cost of the 
facilities in each category among the operations through the application 
of appropriate factors or by direct assignment.

[[Page 492]]



Sec. 36.152  Categories of Cable and Wire Facilities (C&WF).

    (a) C&WF are basically divided between exchange and interexchange. 
Exchange C&WF consists of the following categories:
    (1) Exchange Line C&WF Excluding Wideband--Category 1--This category 
includes C&W facilities between local central offices and subscriber 
premises used for message telephone, TWX subscriber lines, private line, 
local channels, and for circuits between control terminals and radio 
stations providing very high frequency maritime service or urban or 
highway mobile service.
    (2) Wideband and Exchange Trunk C&WF--Category 2--This category 
includes all wideband, including Exchange Line Wideband and C&WF between 
local central offices and Wideband facilities. It also includes C&WF 
between central offices or other switching points used by any common 
carrier for interlocal trunks wholly within an exchange or metropolitan 
service area, interlocal trunks with one or both terminals outside a 
metropolitan service area carrying some exchange traffic, toll 
connecting trunks, tandem trunks principally carrying exchange traffic, 
the exchange trunk portion of TWX and WATS access lines the exchange 
trunk portion of private line local channels, and the exchange trunk 
portion of circuits between control terminals and radio stations 
providing very high frequency maritime service or urban or highway 
mobile service.
    (3) The procedures for apportioning the cost of exchange cable and 
wire facilites among the operations are set forth in Sec. Sec. 36.154 
and 36.155.
    (b) Interexchange C&WF--Category 3--This category includes the C&WF 
used for message toll and toll private line services. It includes cable 
and wire facilities carrying intertoll circuits, tributary circuits, the 
interexchange channel portion of special service circuits, circuits 
between control terminals and radio stations used for overseas or 
coastal harbor service, interlocal trunks between offices in the 
different exchange or metropolitan service areas carrying only message 
toll traffic and certain tandem trunks which carry principally message 
toll traffic.
    (1) The procedures for apportioning the cost of interexchange cable 
and wire facilities among the operations are set forth in Sec. 36.156.
    (c) Host/Remote Message C&WF--Category 4--This category includes the 
cost of message host/remote location C&WF for which a message circuit 
switching function is performed at the host central office. It applies 
to C&WF between host offices and all remote locations. The procedures 
for apportioning the cost of these facilities among the operations are 
set forth in Sec. 36.157.
    (d) Effective July 1, 2001, through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41, shall assign 
the average balance of Account 2410 to the categories/subcategories, as 
specified in Sec. Sec. 36.152(a) through (c), based on the relative 
percentage assignment of the average balance of Account 2410 to these 
categories/subcategories during the twelve month period ending December 
31, 2000.

[52 FR 17229, May 6, 1987, as amended at 66 FR 33206, June 21, 2001]



Sec. 36.153  Assignment of Cable and Wire Facilities (C&WF) to categories.

    (a) Cable consists of: Aerial cable, underground cable, buried 
cable, submarine cable, deep sea cable and intrabuilding network cable. 
Where an entire cable or aerial wire is assignable to one category, its 
cost and quantity are, where practicable, directly assigned.
    (1) Cable. (i) There are two basic methods for assigning the cost of 
cable to the various categories. Both of them are on the basis of 
conductor cross section. The methods are as follows:
    (A) By section of cable, uniform as to makeup and relative use by 
categories. From an analysis of cable engineering and assignment 
records, determine in terms of equivalent gauge the number of pairs in 
use or reserved, for each category. The corresponding percentages of 
use, or reservation, are applied to the cost of the section of cable, 
i.e., sheath meters times unit cost per meter, to obtain the cost 
assignable to each category.
    (B) By using equivalent pair kilometers, i.e., pair kilometers 
expressed in terms of equivalent gauge. From an

[[Page 493]]

analysis of cable engineering and assignment records, determine the 
equivalent pair kilometers in use for each category by type of facility, 
e.g., quadded, paired. The equivalent pair kilometers are then divided 
by a cable fill factor to obtain the equivalent pair kilometers in 
plant. The total equivalent pair kilometers in plant assigned to each 
category is summarized by type of facility, e.g., quadded and paired, 
and priced at appropriate average unit costs per equivalent pair 
kilometer in plant. If desired, this study may be made in terms of 
circuit kilometers rather than physical pair kilometers, with average 
cost and fill data consistent with the basis of the facilities kilometer 
count.
    (ii) In the assignment of the cost of cable under the two basic 
methods described in Sec. 36.153(a)(1)(i) consideration is given to the 
following:
    (A) Method (A) described in Sec. 36.153(a)(1)(i)(A) will probably 
be found more desirable where there is a relatively small amount of 
cable of variable make-up and use by categories. Conversely, method (B) 
described in Sec. 36.153(a)(1)(i)(B) will probably be more desirable 
where there is a large amount of cable of variable make-up and use by 
categories. However, in some cases a combination of both methods may be 
desirable.
    (B) It will be desirable in some cases to determine the amount 
assignable to a particular category by deducting from the total the sum 
of the amounts assigned to all other categories.
    (C) For use in the assignment of poles to categories, the equivalent 
sheath kilometers of aerial cable assigned to each category are 
determined. For convenience, these quantities are determined in 
connection with assignment of cable costs.
    (D) Where an entire cable is assignable to one category, its costs 
and quantity are, where practicable, directly assigned.
    (iii) For cables especially arranged for high-frequency transmission 
such as shielded, disc-insulated and coaxial, recognition is given to 
the additional costs which are charged to the high-frequency complement.
    (2) Cable Loading. (i) Methods for assigning the cost of loading 
coils, cases, etc., to categories are comparable with those used in 
assigning the associated cable to categories. Loading associated with 
cable which is directly assigned to a given category is also directly 
assigned. The remaining loading is assigned to categories in either of 
the following bases:
    (A) By an analysis of the use made of the loading facilities where a 
loading coil case includes coils assignable to more than one category, 
e.g., in the case of a single gauge uniformly loaded section, the 
percentage used in the related cable assignment are applicable, or
    (B) By pricing out each category by determining the pair meters of 
loaded pairs assigned to each category and multiplying by the unit cost 
per pair meter of loading by type.
    (3) Other Cable Plant. (i) In view of the small amounts involved, 
the cost of all protected terminals and gas pressure contactor terminals 
in the toll cable subaccounts is assigned to the appropriate 
Interexchange Cable & Wire Facilities categories. The cost of all other 
terminals in the exchange and toll cable subaccounts is assigned to 
Exchange Cable and Wire Facilities.
    (b) Aerial Wire. (1) The cost of wire accounted for as exchange is 
assigned to the appropriate Exchange Cable & Wire Facilities categories. 
The cost of wire accounted for as toll, which is used for exchange, is 
also assigned to the appropriate Exchange Cable & Wire Facilities 
categories. The cost of the remaining wire accounted for as toll is 
assigned to the appropriate Interexchange Cable & Wire Facilities 
categories as described in Sec. 36.156. For companies not maintaining 
exchange and toll subaccounts, it is necessary to review the plant 
records and identify wire plant by use. The cost of wire used for 
providing circuits directly assignable to a category is assigned to that 
category. The cost of wire used for providing circuit facilities jointly 
used for exchange and interexchange lines is assigned to categories on 
the basis of the relative number of circuit kilometers involved.
    (c) Poles and Antenna Supporting Structures. (1) In the assignment 
of these costs, anchors, guys, crossarms, antenna supporting structure, 
and

[[Page 494]]

right-of-way are included with the poles.
    (2) Poles. (i) The cost of poles is assigned to categories based on 
the ratio of the cost of poles to the total cost of aerial wire and 
aerial cable.
    (d) Conduit Systems. (1) The cost of conduit systems is assigned to 
categories on the basis of the assignment of the cost of underground 
cable.

[53 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988; 58 
FR 44905, Aug. 25, 1993]



Sec. 36.154  Exchange Line Cable and Wire Facilities (C&WF)--Category 1--
apportionment procedures.

    (a) Exchange Line C&WF--Category 1. The first step in apportioning 
the cost of exchange line cable and wire facilities among the operations 
is the determination of an average cost per working loop. This average 
cost per working loop is determined by dividing the total cost of 
exchange line cable and wire Category 1 in the study area by the sum of 
the working loops described in subcategories listed below. The 
subcategories are:
    Subcategory 1.1--State Private Lines and State WATS Lines. This 
subcategory shall include all private lines and WATS lines carrying 
exclusively state traffic as well as private lines and WATS lines 
carrying both state and interstate traffic if the interstate traffic on 
the line involved constitutes ten percent or less of the total traffic 
on the line.
    Subcategory 1.2--Interstate private lines and interstate WATS lines. 
This subcategory shall include all private lines and WATS lines that 
carry exclusively interstate traffic as well as private lines and WATS 
lines carrying both state and interstate traffic if the interstate 
traffic on the line involved constitutes more than ten percent of the 
total traffic on the line.
    Subcategory 1.3--Subscriber or common lines that are jointly used 
for local exchange service and exchange access for state and interstate 
interexchange services.
    (b) The costs assigned to subcategories 1.1 and 1.2 shall be 
directly assigned to the appropriate jurisdication.
    (c) Except as provided in Sec. 36.154 (d) through (f), effective 
January 1, 1986, 25 percent of the costs assigned to subcategory 1.3 
shall be allocated to the interstate jurisdiction.
    (d) Except as provided in Sec. 36.154(f), the interstate allocation 
of subcategory 1.3 costs for the years 1988, 1989, 1990, 1991 and 1992 
will be as follows:
    (1) 1988--The Sec. 36.154(e) allocation factor multiplied by .625 
plus .09375.
    (2) 1989--The Sec. 36.154(e) allocation factor multiplied by .5 
plus .125.
    (3) 1990--The Sec. 36.154(e) allocation factor multiplied by .375 
plus .15625.
    (4) 1991--The Sec. 36.154(e) allocation factor multiplied by .25 
plus .1875.
    (5) 1992--The Sec. 36.154(e) allocation factor multiplied by .125 
plus .21875.
    (e) For purposes of the transitional allocations described in Sec. 
36.154 (d) and (f) an allocation factor known as the subscriber plant 
factor or SPF that is the sum of the following shall be computed:
    (1) Annual average interstate subscriber line use (SLU), for the 
calendar year 1981.\2\ representing the interstate use of the subscriber 
plant as measured by the ratio of interstate holding time minutes of use 
to total holding time minutes of use applicable to traffic originating 
and terminating in the study area, multiplied by .85, the nationwide 
ratio of subscriber plant costs assignable to the exchange operation per 
minute of exchange use to total subscriber plant cost per total minute 
of use of subscriber plant, plus
---------------------------------------------------------------------------

    \2\ In the case of a company that cannot calculate the average 
interstate subscriber line usage (SLU) ratio for the calendar year 1981, 
the average interstate SLU for the customarily used 12-month study 
period ending in 1981 may be utilized. In the case of a company for 
which no such 1981 annual average SLU exists, the annual average 
interstate SLU for the initial study period will be utilized.
---------------------------------------------------------------------------

    (2) Twice the annual average interstate subscriber line use ratio 
for the study area for the calendar year 1981, multiplied by the annual 
average composite station rate ratio used for the calendar year 1981 
(ratio of the nationwide, industry-wide average interstate initial 3-
minute station charge at the study area average interstate length of 
haul to the nationwide, industry-wide

[[Page 495]]

average total toll initial 3-minute station charge at the nationwide 
average length of haul for all toll traffic for the total telephone 
industry).
    (f) Limit on Change in Interstate Allocation. (1) No study area's 
percentage interstate allocation for Subcategory 1.3 Exchange Line C&WF 
and COE, Exchange Line Circuit Equipment Excluding Wideband--Category 
4.13 investment as well as associated maintenance and depreciation shall 
decrease by a total of more than five percentage points from one 
calendar year to the next as a result of the combined operations of 
Sec. Sec. 36.154(d) and 36.641 (a) and (b).
    (2) The determination of whether the decrease in the interstate 
allocation for a given study area resulting from the operation of 
Sec. Sec. 36.154(d) and 36.641(a) through 36.641(b) exceeds five 
percentage points shall be made by calculating a percentage interstate 
allocation for both of the years involved. This shall be done by 
dividing the interstate allocation of subcategory 1.3 Exchange Line C&WF 
and COE exchange Line circuit Equipment Excluding Wideband Category 4.13 
and associated expenses for each year as calculated pursuant to Sec. 
36.154(f)(4) by the total unseparated investment in Exchange Line C&WF 
subcategory 1.3 and COE Category 4.13 and associated expenses for the 
corresponding year as calculated pursuant to Sec. 36.154(f)(5).
    (3) If the resulting percentage for the more recent of the two years 
is more than five percentage points less than the percentage for the 
earlier year, the decrease in the interstate allocations shall be 
reduced pro rata for plant investment, maintenance and depreciation so 
that the difference between the two percentages does not equal more than 
five percentage points.
    (4) The sum of the following:
    (i) The net interstate allocation of Exchange Line C&WF--subcategory 
1.3 investment calculated pursuant to Sec. 36.154(d) and (e) multiplied 
by the authorized interstate rate of return.
    (ii) The net interstate allocation of COE Exchange Line Circuit 
Equipment--Category 4.13 investment calculated purusant to Sec. 36.154 
(d) and (e) multiplied by the authorized interstate rate of return.
    (iii) The interstate allocation of maintenance and depreciation 
attributable to Exchange Line C&WF subcategory 1.3 customer premises 
wire and COE Exhange Line Circuit Equipment--Category 4.13 calculated 
pursuant to Sec. 36.154 (d) and (e).
    (iv) The amount of the additional interstate expense allocation 
calculated pursuant to Sec. 36.641.
    (5) The sum of the following:
    (i) The net unseparated Exchange Line C&WF subcategory 1.3 
investment multiplied by the authorized interstate rate of return.
    (ii) The net unseparated COE Exchange Line Circuit--Category 4.13 
investment multiplied by the authorized interstate rate of return.
    (iii) The unseparated maintenance and depreciation attributable to 
Exchange Line C&WF subcategory 1.3 investment, customer premises wiring 
investment and COE Exhange Line Circuit Equipment--Category 4.13 
investment.
    (g) Effective July 1, 2001, through June 30, 2006, all study areas 
shall apportion Subcategory 1.3 Exchange Line C&WF among the 
jurisdictions as specified in Sec. 36.154(c). Direct assignment of 
subcategory Categories 1.1 and 1.2 Exchange Line C&WF to the 
jurisdictions shall be updated annually as specified in Sec. 36.154(b).

[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988; 54 
FR 31033, July 26, 1989; 66 FR 33206, June 21, 2001; 67 FR 17014, Apr. 
9, 2002]



Sec. 36.155  Wideband and exchange trunk (C&WF)--Category 2--apportionment 
procedures.

    (a) The cost of C&WF applicable to this category shall be directly 
assigned where feasible. If direct assignment is not feasible, cost 
shall be apportioned between the state and interstate jurisdictions on 
the basis of the relative number of minutes of use.
    (b) Effective July 1, 2001, through June 30, 2006, all study areas 
shall apportion Category 2 Wideband and exchange trunk C&WF among the 
jurisdictions using the relative number of minutes of use, as specified 
in Sec. 36.155(a), for the twelve-month period ending December 31, 
2000. Direct assignment of any Category 2 equipment

[[Page 496]]

to the jurisdictions shall be updated annually.

[52 FR 17229, May 6, 1987, as amended at 66 FR 33206, June 21, 2001]



Sec. 36.156  Interexchange Cable and Wire Facilities (C&WF)--Category 3--
apportionment procedures.

    (a) An average interexchange cable and wire facilities cost per 
equivalent interexchange telephone circuit kilometer for all circuits in 
Category 3 is determined and applied to the equivalent interexchange 
telephone circuit kilometer counts of each of the classes of circuits.
    (b) The cost of C&WF applicable to this category shall be directly 
assigned were feasible. If direct assignment is not feasible, cost shall 
be apportioned between the state and interstate jurisdiction on the 
basis of conversation-minute kilometers as applied to toll message 
circuits, TWX circuits, etc.
    (c) Effective July 1, 2001, through June 30, 2006, all study areas 
shall directly assign Category 3 Interexchange Cable and Wire Facilities 
C&WF where feasible. All study areas shall apportion the non-directly 
assigned costs in Category 3 equipment to the jurisdictions using the 
relative use measurements, as specified in Sec. 36.156 (b), during the 
twelve-month period ending December 31, 2000.

[58 FR 44905, Aug. 25, 1993, as amended at 66 FR 33206, June 21, 2001]



Sec. 36.157  Host/remote message Cable and Wire Facilities (C&WF)--Category 
4--apportionment procedures.

    (a) Host/Remote Message C&WF--Category 4. The cost of host/remote 
C&WF used for message circuits, i.e., circuits carrying only message 
traffic, is included in this category.
    (1) The cost of host/remote message C&WF excluding WATS closed end 
access lines for the study area is apportioned on the basis of the 
relative number of study area minutes-of-use kilometers applicable to 
such facilities.
    (2) The cost of host/remote message C&WF used for WATS closed end 
access for the study area is directly assigned to the appropriate 
jurisdiction.
    (b) Effective July 1, 2001, through June 30, 2006, all study areas 
shall apportion Category 4 Host/Remote message Cable and Wire Facilities 
C&WF among the jurisdictions using the relative number of study area 
minutes-of-use kilometers applicable to such facilities, as specified in 
Sec. 36.157(a)(1), for the twelve month period ending December 31, 
2000. Direct assignment of any Category 4 equipment to the jurisdictions 
shall be updated annually.

[52 FR 17229, May 6, 1987, as amended at 58 FR 44905, Aug. 25, 1993; 66 
FR 33206, June 21, 2001]

                           Amortizable Assets



Sec. 36.161  Tangible assets--Account 2680.

    (a) Tangible Assets, Account 2680 includes the costs of property 
acquired under capital leases and the original cost of leasehold 
improvements.
    (b) The costs of capital leases are apportioned among the operations 
based on similar plant owned or by analysis.
    (c) The cost of leasehold improvements are apportioned among the 
operations in direct proportion to the costs of the related primary 
account.



Sec. 36.162  Intangible assets--Account 2690.

    (a) Intangible Assets, Account 2690 includes the costs of organizing 
and incorporating the company, franchises, patent rights, and other 
intangible property having a life of more than one year.
    (b) The amount included in this account is apportioned among the 
operations on the basis of the separation of the cost of 
Telecommunications Plant In Service, Account 2001, excluding the 
Intangible Assets, Account 2690.

                     Telecommunications Plant--Other



Sec. 36.171  Property held for future telecommunications use--Account 2002; 

Telecommunications plant under construction--Account 2003; and 
Telecommunications plant adjustment--Account 2005.

    The amounts carried in Accounts 2002, 2003, and 2005 are apportioned 
among the operations on the basis of the apportionment of Account 2001, 
Telecommunications Plant in Service.

[60 FR 12138, Mar. 6, 1995]

[[Page 497]]

                       Rural Telephone Bank Stock



Sec. 36.172  Other noncurrent assets--Account 1410.

    (a) The amounts carried in this account shall be separated into 
subsidiary record categories:
    (1) Class B RTB Stock and
    (2) All other.
    (b) The amounts contained in category (2) all other of Sec. 
36.172(a)(2), shall be excluded from part 36 jurisdictional separations.
    (c) The amounts contained in category (1) Class B RTB stock of Sec. 
36.172(a)(1), shall be allocated based on the relative separations of 
Account 2001, Telephone Plant in Service.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988]

             Material and Supplies and Cash Working Capital



Sec. 36.181  Material and supplies--Account 1220.

    (a) The amount included in Account 1220 is apportioned among the 
operations on the basis of the apportionment of the cost of cable and 
wire facilities in service. Any amounts included in Account 1220 
associated with the Customer Premises portion of Account 2310 equipment, 
shall be excluded from the amounts which are allocated to the interstate 
operation.



Sec. 36.182  Cash working capital.

    (a) The amount for cash working capital, if not determined directly 
for a particular operation, is apportioned among the operations on the 
basis of total expenses less non-cash expense items.

                         Equal Access Equipment



Sec. 36.191  Equal access equipment.

    (a) Equal access investment includes only initial incremental 
expenditures for hardware and other equipment related directly to the 
provision of equal access which would not be required to upgrade the 
capabilities of the office involved absent the provision of equal 
access. Equal access investment is limited to such expenditures for 
converting central offices which serve competitive interexchange 
carriers or where there has been a bona fide request for conversion to 
equal access.
    (b) Equal access investment is first segregated from all other 
amounts in the primary accounts.
    (c) The equal access investment determined in this manner is 
allocated between the jurisdictions on the basis of relative state and 
interstate equal access traffic including interstate interLATA equal 
access traffic, intrastate interLATA equal access traffic, and BOC 
interstate corridor toll traffic as well as AT&T and OCC intraLATA equal 
access usage. Local exchange traffic and BOC intraLATA toll traffic is 
excluded. In the case of independent telephone companies, intrastate 
toll service provided by the independent local exchange company is 
excluded in determining intrastate usage, but intrastate toll service 
provided by long distance carriers affiliated with the local exchange 
company is included.
    (d) Effective July 1, 2001, through June 30, 2006, all study areas 
shall apportion Equal Access Equipment, as specified in Sec. 36.191(a), 
among the jurisdictions using the relative state and interstate equal 
access traffic, as specified in Sec. 36.191(c), for the twelve month 
period ending December 31, 2000.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988; 66 
FR 33206, June 21, 2001]



        Subpart C_Operating Revenues and Certain Income Accounts

                                 General



Sec. 36.201  Section arrangement.

    (a) This subpart is arranged in sections as follows:

General......................................................     36.202
Operating Revenues...........................................     36.211
    Basic local services revenue--Account 5000 (Class B           36.212
     telephone companies); Basic area revenue--Account 5001
     (Class A telephone companies)...........................
    Network Access Revenues--Accounts 5081 thru 5083.........     36.213
    Long Distance Message Revenue--Account 5100..............     36.214

[[Page 498]]

 
    Miscellaneous Revenue--Account 5200......................     36.215
    Uncollectible Revenue--Account 5300......................     36.216
Certain Income Accounts:
    Other Operating Income and Expenses--Account 7100........     36.221
    Nonoperating Income and Expenses--Account 7300...........     36.222
    Interest and Related Items--Account 7500.................     36.223
    Extraordinary Items--Account 7600........................     36.224
    Income Effect of Jurisdictional Ratemaking Differences--      36.225
     Account 7910............................................
 


[69 FR 12550, Mar. 17, 2004]



Sec. 36.202  General.

    (a) This section sets forth procedures for the apportionment among 
the operations of operating revenues and certain income and expense 
accounts.
    (b) Except for the Network Access Revenues, subsidiary record 
categories are maintained for all revenue accounts in accordance with 
the requirements of part 32. These subsidiary records identify services 
for the appropriate jurisdiction and will be used in conjunction with 
apportionment procedures stated in this manual.

[52 FR 17299, May 6, 1987, as amended at 69 FR 12550, Mar. 17, 2004]

                           Operating Revenues



Sec. 36.211  General.

    (a) Operating revenues are included in the following accounts:

------------------------------------------------------------------------
                                                                Account
                        Account title                             No.
------------------------------------------------------------------------
Basic local service revenue (Class B telephone companies)....       5000
Basic Area Revenue (Class A telephone companies).............       5001
Network Access Revenues:
    End User Revenue.........................................       5081
    Switched Access Revenue..................................       5082
    Special Access Revenue...................................       5083
    Long Distance Message Revenue............................       5100
    Miscellaneous Revenue....................................       5200
    Uncollectible Revenue....................................       5300
------------------------------------------------------------------------


[69 FR 12550, Mar. 17, 2004]



Sec. 36.212  Basic local services revenue--Account 5000 (Class B telephone 
companies); Basic area revenue--Account 5001 (Class A telephone companies).

    (a) Local private line revenues from broadcast program transmission 
audio services and broadcast program transmission video services are 
assigned to the interstate operation.
    (b) Revenues that are attributable to the origination or termination 
of interstate FX or CCSA like services shall be assigned to the 
interstate jurisdiction.
    (c) Wideband Message Service and TWX revenues from monthly and 
miscellaneous charges, service connections, move and change charges, are 
apportioned between state and interstate operations on the basis of the 
relative number of TWX minutes-of-use in the study area. Effective July 
1, 2001, through June 30, 2006, all study areas shall apportion Wideband 
Message Service and TWX revenues among the jurisdictions using the 
relative number of TWX minutes of use for the twelve-month period ending 
December 31, 2000.
    (d) All other revenues in this account are assigned to the exchange 
operation based on their subsidiary record categories or on the basis of 
analysis and studies.

[52 FR 17229, May 6, 1987, as amended at 66 FR 33206, June 21, 2001]



Sec. 36.213  Network access services revenues.

    (a) End User Revenue--Account 5081. Revenues in this account are 
directly assigned on the basis of analysis and studies.
    (b) Switched Access Revenue--Account 5082. Revenues in this account 
are directly assigned on the basis of analysis and studies.
    (c) Special Access Revenue--Account 5083. Revenues in this account 
are directly assigned on the basis of analysis and studies.

[52 FR 17299, May 6, 1987, as amended at 69 FR 12550, Mar. 17, 2004]



Sec. 36.214  Long distance message revenue--Account 5100.

    (a) Wideband message service and TWX revenues from monthly and 
miscellaneous charges, service connections, move and change charges, are

[[Page 499]]

apportioned between state and interstate operations on the basis of the 
relative number of minutes-of-use in the study area. Effective July 1, 
2001 through June 30, 2006, all study areas shall apportion Wideband 
Message Service and TWX revenues among the jurisdictions using the 
relative number of TWX minutes of use for the twelve-month period ending 
December 31, 2000.
    (b) Long Distance private line service revenues from broadcast 
program transmission audio services and broadcast program transmission 
video services are assigned to the interstate operation.
    (c) All other revenues in this account are directly assigned based 
on their subsidiary record categories or on the basis of analysis and 
studies.

[52 FR 17229, May 6, 1987, as amended at 66 FR 33206, June 21, 2001]



Sec. 36.215  Miscellaneous revenue--Account 5200.

    (a) Directory revenues are assigned to the exchange operation.
    (b) Billing and collection revenues are assigned on the basis of 
services being provided.
    (c) All other revenues are apportioned on the basis of analysis.



Sec. 36.216  Uncollectible revenue--Account 5300.

    The amounts in this account are apportioned among the operations on 
the basis of analysis during a representative period of the portion of 
Account 1171, Allowance for doubtful accounts, related to 
telecommunications billing.

[69 FR 12551, Mar. 17, 2004]

                         Certain Income Accounts



Sec. 36.221  Other operating income and expenses--Account 7100.

    (a) Amounts relating to translation in foreign exchange 
differentials are assigned to the interstate operations.
    (b) All other amounts are apportioned based on Telecommunications 
Plant in Service, Account 2001, if plant related, or on the nature of 
the item reflected in the account, if not plant related.



Sec. 36.222  Nonoperating income and expenses--Account 7300.

    (a) Only allowance for funds used during construction, and 
charitable, social and community welfare contributions are considered in 
this account for separations purposes.
    (b) Subsidiary record categories should be maintained for this 
account that include identification of amounts made to the account for 
(1) credits representing allowance for funds used during construction 
and (2) contributions for charitable, social or community welfare 
purposes, employee activities, membership dues and fees in service 
clubs, community welfare association and similar organizations.
    (c) The portion reflecting allowance for funds used during 
construction is apportioned on the basis of the cost of 
Telecommunications Plant Under Construction--Account 2003. The portion 
reflecting costs for social and community welfare contributions and fees 
is apportioned on the basis of the apportionment of corporate operations 
expenses.

[52 FR 17229, May 6, 1987, as amended at 60 FR 12138, Mar. 6, 1995]



Sec. 36.223  Interest and related items--Account 7500.

    (a) Only interest paid relating to capital leases is considered in 
this account for separations purposes. Subsidiary Record Categories 
should be maintained for this account that include details relating to 
interest expense on capital leases. Such interest expense is apportioned 
on a basis consistent with the associated capital leases in Account 
2680.



Sec. 36.224  Extraordinary items--Account 7600.

    (a) Amounts in this account of an operating nature are apportioned 
on a basis consistent with the nature of these items.



Sec. 36.225  Income effect of jurisdictional ratemaking differences--Account 
7910.

    (a) Amounts in this account are directly assigned to the appropriate 
jurisdiction.

[[Page 500]]



                 Subpart D_Operating Expenses and Taxes

                                 General



Sec. 36.301  Section arrangement.

    (a) This subpart is arranged in sections as follows:

General....................................  36.301 and 36.302.
Plant Specific Operations Expenses:
    General................................  36.310.
    Network Support/General Support          36.311.
     Expenses--Accounts 6110 and 6120
     (Class B Telephone Companies);
     Accounts 6112, 6113, 6114, 6121, 6122,
     6123, and 6124 (Class A Telephone
     Companies).
    Central Office Expenses--Accounts 6210,  36.321
     6220, 6230 (Class B Telephone
     Companies); Accounts 6211, 6212, 6220,
     6231, and 6232 (Class A Telephone
     Companies).
    Information Origination/Termination      36.331.
     Expenses--Account 6310 (Class B
     Telephone Companies); Accounts 6311,
     6341, 6351, and 6362 (Class A
     Telephone Companies).
    Cable and Wire Facilities Expenses--     36.341.
     Account 6410 (Class B Telephone
     Companies); Accounts 6411, 6421, 6422,
     6423, 6424, 6426, 6431, and 6441
     (Class A Telephone Companies).
Plant Nonspecific Operations Expenses:
    General................................  36.351.
    Other Property Plant and Equipment       36.352.
     Expenses--Account 6510 (Class B
     Telephone Companies); Accounts 6511
     and 6512 (Class A Telephone Companies).
    Network Operations Expenses--Account     36.353.
     6530 (Class B Telephone Companies);
     Accounts 6531, 6532, 6533, 6534, and
     6535 (Class A Telephone Companies).
    Access Expenses--Account 6540..........  36.354.
    Depreciation and Amortization Expenses-- 36.361.
     Account 6560.
Customer Operations Expenses:
    General................................  36.371.
    Marketing--Account 6610 (Class B         36.372.
     Telephone Companies); Accounts 6611
     and 6613 (Class A Telephone Companies).
    Services--Account 6620.................  36.373.
    Telephone Operator Services............  36.374.
    Published Directory Listing............  36.375.
    All Other..............................  36.376.
    Category 1--Local Bus. Office Expense..  36.377.
    Category 2--Customer Services (Revenue   36.378.
     Accounting).
    Message Processing Expense.............  36.379.
    Other Billing and Collecting Expense...  36.380.
    Carrier Access Charge Billing and        36.381.
     Collecting Expense.
    Category 3--All other Customer Service   36.382.
     Expense.
Corporate Operations Expenses:
    General................................  36.391.
    General and Administrative Expenses--    36.392.
     Account 6720.
    Operating Taxes--Account 7200 (Class B   36.411 and 36.412.
     Telephone Companies); Accounts 7210,
     7220, 7230, 7240, and 7250 (Class A
     Telephone Companies).
    Equal Access Expenses..................  36.421.
 


[69 FR 12551, Mar. 17, 2004]

[[Page 501]]



Sec. 36.302  General.

    (a) This section sets forth procedures for the apportionment among 
the operations of operating expenses and operating taxes.
    (b) As covered in Sec. 36.2 (c) and (d), the treatment of expenses 
relating to plant furnished to and obtained from others under rental 
arrangements is consistent with the treatment of such plant.
    (c) In accordance with requirements in part 32 Sec. 32.5999 (f) 
expenses recorded in the expense accounts are segregated in the 
accounting process among the following subsidiary record categories as 
appropriate to each account:

Salaries and Wages
Benefits
Rents
Other Expenses
Clearances

    (1) Subsidiary Record Categories (SRC) for Salaries and Wages, 
Benefits and Other Expenses are applicable to all of the expense 
accounts except for:

Access Expense contained in Account 6540
Depreciation and Amortization Expenses--Account 6560

    (i) SRC for access expenses are maintained to identify interstate 
and state access expense and billing and collection expense for 
carrier's carrier.
    (ii) Depreciation and Amortization Expense SRCs identify the 
character of the items contained in the account.
    (2) SRCs for Rents and Clearance are only applicable to the Plant 
Specific Operating Expense accounts 6110 thru 6410.

                   Plant Specific Operations Expenses



Sec. 36.310  General.

    (a) Plant specific operations expenses include the following 
accounts:

Network Support Expenses..................  Account 6110 (Class B
                                             Telephone Companies);
                                             Accounts 6112, 6113, and
                                             6114 (Class A Telephone
                                             Companies)
General Support Expenses..................  Account 6120 (Class B
                                             Telephone Companies);
                                             Accounts 6121, 6122, 6123,
                                             and 6124 (Class A Telephone
                                             Companies).
Central Office Switching Expenses.........  Account 6210 (Class B
                                             Telephone Companies);
                                             Accounts 6211 and 6212
                                             (Class A Telephone
                                             Companies)
Operator System Expenses..................  Account 6220
Central Office Transmission Expenses......  Account 6230 (Class B
                                             Telephone Companies);
                                             Accounts 6231 and 6232
                                             (Class A Telephone
                                             Companies).
Information Origination/Termination         Account 6310 (Class B
 Expenses.                                   Telephone Companies);
                                             Accounts 6311, 6341, 6351,
                                             and 6362 (Class A Telephone
                                             Companies).
Cable and Wire Facilities Expenses........  Account 6410 (Class B
                                             Telephone Companies);
                                             Accounts 6411, 6421, 6422,
                                             6423, 6424, 6426, 6431, and
                                             6441 (Class A Telephone
                                             Companies).
 

    (b) These accounts are used to record costs related to specific 
kinds of telecommunications plant and predominantly mirror the 
telecommunications plant in service detail accounts. Accordingly, these 
expense accounts will generally be apportioned in the same manner as the 
related plant accounts.
    (c) Except where property obtained from or furnished to other 
companies is treated as owned property by the company making the 
separation, and the related operating rents are excluded from the 
separation studies as set forth

[[Page 502]]

in Sec. 36.2 (c) and (d), amounts are apportioned among the operations 
on bases generally consistent with the treatment prescribed for similar 
plant costs and consistent with the relative magnitude of the items 
involved.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988; 69 
FR 12551, Mar. 17, 2004]

                Network Support/General Support Expenses



Sec. 36.311  Network Support/General Support Expenses--Accounts 6110 and 

6120 (Class B Telephone Companies); Accounts 6112, 6113, 6114, 6121, 6122, 
6123, and 6124 (Class A Telephone Companies).

    (a) Network Support Expenses are expenses associated with motor 
vehicles, aircraft, special purpose vehicles, garage work equipment, and 
other work equipment. General Support Expenses are expenses associated 
with land and buildings, furniture and artworks, office equipment, and 
general purpose computers.
    (b) The expenses in these account are apportioned among the 
operations on the basis of the separation of account 2110, Land and 
Support Assets.

                         Central Office Expenses



Sec. 36.321  Central office expenses--Accounts 6210, 6220, and 6230 (Class 

B telephone companies); Accounts 6211, 6212, 6220, 6231, and 6232 (Class A 
telephone companies).

    (a) The expenses related to central office equipment are summarized 
in the following accounts:

Central Office Switching Expense..........  Account 6210 (Class B
                                             telephone companies);
                                             Accounts 6211 and 6212
                                             (Class A telephone
                                             companies).
Operator Systems Expense..................  Account 6220.
Central Office Transmission Expense.......  Account 6230 (Class B
                                             telephone companies);
                                             Accounts 6231 and 6232
                                             (Class A telephone
                                             companies).
 

    (b) The expense in these accounts are apportioned among the 
operations on the basis of the separation of the investments in central 
office equipment. Accounts 2210, 2220 and 2230, combined.

[52 FR 17229, May 6, 1987, as amended at 69 FR 12552, Mar. 17, 2004]

              Information Origination/Termination Expenses



Sec. 36.331  Information origination/termination expenses--Account 6310 

(Class B telephone companies); Accounts 6311, 6341, 6351, and 6362 (Class 
A telephone companies).

    (a) The expenses in this account are classified as follows:
    (1) Other Information Origination/Termination Equipment Expenses; 
Customer Premises Equipment Expenses
    (2) For some companies, these classifications are available from 
accounting records; for others, they are obtained by means of analyses 
of plant, accounting or other records for a representative period.
    (b) Other Information Origination/Termination Equipment Expenses 
include all expenses not associated with Customer Premises Equipment 
expenses. These expenses shall be apportioned between state and 
interstate operations in accordance with the apportionment of the 
related investment as per Sec. 36.142(a).
    (c) Expenses related to Customer Premises Equipment shall be 
assigned to the state operations.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988]

[[Page 503]]

                   Cable and Wire Facilities Expenses



Sec. 36.341  Cable and wire facilities expenses--Account 6410 (Class B 

telephone companies); Accounts 6411, 6421, 6422, 6423, 6424, 6426, 6431, 
and 6441 (Class A telephone companies).

    (a) This account includes the expenses for poles, antenna supporting 
structures, aerial cable, underground cable, buried cable, submarine 
cable, deep sea cable, intrabuilding network cable, aerial wire, and 
conduit systems.
    (b) The general method of separating cable and wire facilities 
expenses amoung the operations is to assign them on the basis of Account 
2410--Cable and Wire Facilities.

                  Plant Nonspecific Operations Expenses



Sec. 36.351  General.

    (a) Plant nonspecific operations expenses include the following 
accounts:

Other Property Plant and Equipment          Account 6510 (Class B
 Expenses.                                   telephone companies);
                                             Accounts 6511 and 6512
                                             (Class A telephone
                                             companies).
Network Operations Expenses...............  Account 6530 (Class B
                                             telephone companies);
                                             Accounts 6531, 6532, 6533,
                                             6534, and 6535 (Class A
                                             telephone companies).
Access Expenses...........................  Account 6540.
Depreciation and Amortization Expenses....  Account 6560.
 


[69 FR 12552, Mar. 17, 2004]

                          Plant Expenses--Other



Sec. 36.352  Other property plant and equipment expenses--Account 6510 

(Class B telephone companies); Accounts 6511 and 6512 (Class A telephone 
companies).

    (a) This account is used to record the expenses associated with (1) 
property held for future telecommunications use and (2) the provisioning 
of material and supplies.
    (b) The expenses in this account are apportioned among the 
operations based on the separation of Account 2001--Telecommunications 
Plant in Service.

                       Network Operations Expenses



Sec. 36.353  Network operations expenses--Account 6530 (Class B telephone 

companies); Accounts 6531, 6532, 6533, 6534, and 6535 (Class A telephone 
companies).

    (a) This account includes the expenses associated with the 
provisions of power, network administration, testing, plant operations 
administration, and engineering.
    (b) The expenses in this account are apportioned among the 
operations based on the separations of Account 2210, Central Office 
Switching, Account 2220 Operator Systems, Account 2230 Central Office 
Transmission, Account 2310, Information Origination/Termination and 
Account 2410, Cable and Wire Facilities, Combined.



Sec. 36.354  Access expenses--Account 6540.

    (a) This account includes access charges paid to exchange carriers 
for exchange access service. These are directly assigned to the 
appropriate jurisdiction based on subsidiary record categories or on 
analysis and study.

                 Depreciation and Amortization Expenses



Sec. 36.361  Depreciation and amortization expenses--Account 6560.

    (a) This account includes the depreciation expenses for 
telecommunications plant in service and for property held for future 
telecommunications use. It also includes the amortization expense for 
tangible and intangible asserts.
    (b) Expenses recorded in this account shall be separated on the 
basis of the separation of the associated primary Plant Accounts or 
related categories.

[[Page 504]]

                      Customer Operations Expenses



Sec. 36.371  General.

    Customer Operations Expenses are included in the following accounts:

Marketing.................................  Account 6610 (Class B
                                             telephone companies);
                                             Accounts 6611 and 6613
                                             (Class A telephone
                                             companies).
Services..................................  Account 6620.
 


[69 FR 12552, Mar. 17, 2004]



Sec. 36.372  Marketing--Account 6610 (Class B telephone companies); 
Accounts 6611 and 6613 (Class A telephone companies).

    The expenses in this account are apportioned among the operations on 
the basis of an analysis of current billing for a representative period, 
excluding current billing on behalf of others and billing in connection 
with intercompany setttlements. Effective July 1, 2001 through June 30, 
2006, all study areas shall apportion expenses in this account among the 
jurisdictions using the analysis, as specified in Sec. 36.372(a), 
during the twelve-month period ending December 31, 2000.

[52 FR 32923, Sept. 1, 1987, as amended at 66 FR 33207, June 21, 2001]



Sec. 36.373  Services--Account 6620.

    (a) For apportionment purposes, the expenses in this account are 
first segregated on the basis of an analysis of job functions into the 
following classifications: Telephone operator services: publishing 
directory listing; and all other.
    (1) Expenses may be apportioned among the operations for groups of 
exchanges. A group of exchanges may include all exchanges in the study 
area.



Sec. 36.374  Telephone operator services.

    (a) Expenses in this classification include costs incurred for 
operators in call completion service and number services. This includes 
intercept, quoting rates, directory information, time charges, and all 
other operator functions performed in the central office, private branch 
exchange, teletypewriter exchange, and at public telephone stations.
    (b) Effective July 1, 2001, through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41 of this 
chapter, shall assign the balance of Account 6620-Services to the 
Telephone operator expense classification based on the relative 
percentage assignment of the balance of Account 6620 to this 
classification during the twelve month period ending December 31, 2000.
    (c) Expenses in this classification are apportioned among the 
operations on the basis of the relative number of weighted standard work 
seconds as determined by analysis and study for a representative period.
    (d) Effective July 1, 2001, through June 30, 2006, all study areas 
shall apportion Telephone operator expenses among the jurisdictions 
using the relative number of weighted standard work seconds, as 
specified in Sec. 36.374(c), during the twelve-month period ending 
December 31, 2000.

[52 FR 17229, May 6, 1987, as amended at 66 FR 33207, June 21, 2001]



Sec. 36.375  Published directory listing.

    (a) This classification includes expenses for preparing or 
purchasing, compiling and disseminating directory listings.
    (b) Published directory expense is assigned as follows:
    (1) Classified directory expense and all expense of soliciting 
advertising is assigned to the exchange operation.
    (2) TWX directory expense is assigned to State toll and interstate 
toll operations, respectively, on the basis of the relative number of 
TWX minutes-of-use.
    (3) The expense of alphabetical and street address directories and 
traffic information records is apportioned among the operations on the 
basis of the relative number of study area subscriber line minutes-of-
use applicable to each operation.
    (4) The expense associated with directories and traffic information 
records prepared for one locality and used in another locality is known 
as ``foreign directories expense.'' Such expense is assigned to the 
appropriate operation on the basis of the location of the point

[[Page 505]]

where used with respect to the locality for which the directories and 
records were prepared.
    (5) Effective July 1, 2001, through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41, shall assign 
the balance of Account 6620-Services to the classifications, as 
specified in Sec. Sec. 36.375(b)(1) through 36.375(b)(4), based on the 
relative percentage assignment of the balance of Account 6620 to these 
classifications during the twelve month period ending December 31, 2000.
    (6) Effective July 1, 2001 through June 30, 2006, all study areas 
shall apportion Published directory listing expenses using the 
underlying relative use measurements, as specified in Sec. Sec. 
36.375(b)(1) through 36.375(b)(4), during the twelve-month period ending 
December 31, 2000. Direct assignment of any Publishing directory listing 
expense to the jurisdictions shall be updated annually.

[52 FR 17229, May 6, 1987, as amended at 66 FR 33207, June 21, 2001]



Sec. 36.376  All other.

    (a) For apportionment purposes this classification must be divided 
into three categories:
    (1) Category 1--Local Business Office Expense.
    (2) Category 2--Customer Services Expense.
    (3) Category 3--All Other Customer Services Expense.



Sec. 36.377  Category 1-- Local business office expense.

    (a) The expense in this category for the area under study is first 
segregated on the basis of an analysis of job functions into the 
following subcategories: End user service order processing; end user 
payment and collection; end user billing inquiry; interexchange carrier 
service order processing; interexchange carrier payment and collection; 
interexchange carrier billing inquiry; and coin collection and 
administration. Effective July 1, 2001, through June 30, 2006, study 
areas subject to price cap regulation, pursuant to Sec. 61.41 of this 
chapter, shall assign the balance of Account 6620-Services to the 
subcategories, as specified in Sec. 36.377(a), based on the relative 
percentage assignment of the balance of Account 6620 to these 
categories/subcategories during the twelve month period ending December 
31, 2000.
    (1) End-user service order processing includes expenses related to 
the receipt and processing of end users' orders for service and 
inquiries concerning service. This subcategory does not include any 
service order processing expenses for services provided to the 
interexchange carriers. End user service order processing expenses are 
first segregated into the following subcategories based on the relative 
number of actual contacts which are weighted, if appropriate, to reflect 
differences in the average work time per contact: Local service order 
processing; presubscription; directory advertising; State private line 
and special access; interstate private line and special access; other 
State message toll including WATS; other interstate message toll 
including WATS; and TWX.
    (i) Local service order processing expense (primarily local 
telephone service orders) is assigned to the State jurisdiction.
    (ii) Presubscription service order processing expense is assigned to 
the interstate jurisdiction.
    (iii) Directory advertising service order processing expense is 
assigned to the State jurisdiction.
    (iv) State private line and special access service order processing 
expense is assigned to the State jurisdiction.
    (v) Interstate private line and special access service order 
processing expense is assigned to the interstate jurisdiction.
    (vi) Other State message toll including WATS service order 
processing expense is assigned to the State jurisdiction.
    (vii) Other Interstate message toll including WATS service order 
processing expense is assigned to the interstate jurisdiction.
    (viii) TWX service order processing expense is allocated between the 
jurisdictions based on relative State and interstate billed TWX 
revenues.
    (ix) Effective July 1, 2001, through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41 of this 
chapter, shall assign the balance of Account 6620-Services to the

[[Page 506]]

categories/subcategories, as specified in Sec. Sec. 36.377(a)(1)(i) 
through 36.77(a)(1)(viii), based on the relative percentage assignment 
of the balance of Account 6620 to these categories/subcategories during 
the twelve month period ending December 31, 2000. Effective July 1, 2001 
through June 30, 2006, all study areas shall apportion TWX service order 
processing expense, as specified in Sec. 36.377(a)(1)(viii) among the 
jurisdictions using relative billed TWX revenues for the twelve-month 
period ending December 31, 2000. All other subcategories of End-user 
service order processing expense, as specified in Sec. Sec. 
36.377(a)(1)(i) through 36.377(a)(1)(viii), shall be directly assigned.
    (2) End User payment and collection includes expenses incurred in 
relation to the payment and collection of amounts billed to end users. 
It also includes commissions paid to payment agencies (which receive 
payment on customer accounts) and collection agencies. This category 
does not include any payment or collection expenses for services 
provided to interexchange carriers. End user payment and collection 
expenses are first segregated into the following subcategories based on 
relative total state and interstate billed revenues (excluding revenues 
billed to interexchange carriers and/or revenues deposited in coin 
boxes) for services for which end user payment and collection is 
provided: State private line and special access; interstate private line 
and special access; State message toll including WATS; interstate 
message toll including WATS, and interstate subscriber line charge; 
local, including directory advertising; and TWX.
    (i) State private line and special access payment and collection 
expense is assigned to the State jurisdiction.
    (ii) Interstate private line and special access payment and 
collection expense is assigned to the interstate jurisdiction.
    (iii) State message toll including WATS payment and collection 
expense is assigned to the State jurisdiction.
    (iv) Interstate message toll including WATS and interstate 
subscriber line charge payment and collection expense is assigned to the 
interstate jurisdiction.
    (v) Local, including directory advertising payment and collection 
expense is assigned to the State jurisdiction.
    (vi) TWX payment and collection expense is allocated between the 
jurisdictions based on relative State and interstate billed TWX revenues 
for service for which end user payment and collection is provided.
    (vii) Effective July 1, 2001, through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41 of this 
chapter, shall assign the balance of Account 6620-Services to the 
subcategories, as specified in Sec. Sec. 36.377(a)(2)(i) through 
36.377(a)(2)(vi), based on the relative percentage assignment of the 
balance of Account 6620 to these categories/subcategories during the 
twelve month period ending December 31, 2000. Effective July 1, 2001 
through June 30, 2006, all study areas shall apportion TWX payment and 
collection expense, as specified in Sec. 36.377(2)(vi) among the 
jurisdictions using relative billed TWX revenues for the twelve-month 
period ending December 31, 2000. All other subcategories of End User 
payment and collection expense, as specified in Sec. Sec. 
36.377(a)(2)(i) through 36.377(a)(2)(vi), shall be directly assigned.
    (3) End user billing inquiry includes expenses related to handling 
end users' inquiries concerning their bills. This category does not 
include expenses related to the inquiries of interexchange carriers 
concerning their bills. End user billing inquiry costs are first 
segregated into the following subcategories based on the relative number 
of actual contracts, weighted if appropriate, to reflect differences in 
the average work time per contact: State private line and special 
access; interstate private line and special access; State message toll 
including WATS, interstate message toll including WATS, interstate 
subscriber line charge; TWX; and other.
    (i) State private line and special access billing inquiry expense is 
directly assigned to the State jurisdiction.
    (ii) Interstate private line and special access billing inquiry 
expense is directly assigned to the interstate jurisdiction.

[[Page 507]]

    (iii) State message toll including WATS billing inquiry expense is 
directly assigned to the State jurisdiction.
    (iv) Interstate message toll including WATS, and interstate 
subscriber line charge billing inquiry expense is directly assigned to 
the interstate jurisdiction.
    (v) TWX billing inquiry expense is allocated between the 
jurisdictions based on relative State and interstate billed TWX revenues 
for service for which end user billing inquiry is provided.
    (vi) Other billing inquiry expense (primarily related to local bills 
but also including directory advertising) is directly assigned to the 
State jurisdiction.
    (vii) Effective July 1, 2001, through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41 of this 
chapter, shall assign the balance of Account 6620-Services to the 
subcategories, as specified in Sec. Sec. 36.377(a)(3)(i) through 
36.377(a)(3)(vi), based on the relative percentage assignment of the 
balance of Account 6620 to these subcategories during the twelve month 
period ending December 31, 2000. Effective July 1, 2001 through June 30, 
2006, all study areas shall apportion TWX billing inquiry expense, as 
specified in Sec. 36.377(a)(3)(v) among the jurisdictions using 
relative billed TWX revenues for the twelve-month period ending December 
31, 2000. All other subcategories of End user billing inquiry expense, 
as specified in Sec. Sec. 36.377(a)(3)(i) through 36.377(a)(3)(vi), 
shall be directly assigned.
    (4) Interexchange carrier service order processing includes expenses 
associated with the receipt and processing of interexchange carrier 
orders for service and inquiries about service. Interexchange carrier 
service order processing expenses are assigned to the following 
subcategories based on the relative number of actual contacts which are 
weighted, if appropriate, to reflect differences in the average work 
time per contact: State special access and private line; interstate 
special access and private line; State switched access and message toll 
including WATS; interstate switched access and message toll including 
WATS; State billing and collection; and interstate billing and 
collection.
    (i) State special access and private line service order processing 
expense is directly assigned to the State jurisdiction.
    (ii) Interstate special access and private line service order 
processing expense is directly assigned to the interstate jurisdiction.
    (iii) State switched access and message toll including WATS service 
order processing expense is directly assigned to the State jurisdiction.
    (iv) Interstate switched access and message toll including WATS 
service order processing expense is directly assigned to the interstate 
jurisdiction.
    (v) State billing and collection service order processing expense is 
directly assigned to the state jurisdiction.
    (vi) Interstate billing and collection service order processing 
expense is directly assigned to the interstate jurisdiction.
    (vii) Effective July 1, 2001 through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41 of this 
chapter, shall assign the balance of Account 6620-Services to the 
subcategories, as specified in Sec. Sec. 36.377(a)(4)(i) through 
36.377(a)(4)(vi), based on the relative percentage assignment of the 
balance of Account 6620 to these subcategories during the twelve month 
period ending December 31, 2000. All subcategories of Interexchange 
carrier service order processing expense, as specified in Sec. Sec. 
36.377(a)(4)(i) through 36.377(a)(4)(vi), shall be directly assigned.
    (5) Interexchange carrier payment and collection includes expenses 
associated with the payment and collection of interexchange carrier 
billings, including commissions paid to payment and collection agents. 
Interexchange carrier payment and collection expenses are assigned to 
the following subcategories based on relative total State and interstate 
revenues billed to the interexchange carriers: State special access and 
private line; interstate special access and private line; State switched 
access and message toll including WATS; interstate switched access and 
message toll including WATS; State billing and collection; and 
interstate billing and collection.

[[Page 508]]

    (i) State special access and private line payment and collection 
expense is directly assigned to the Interstate jurisdiction.
    (ii) Interstate special access and private line payment and 
collection expense is directly assigned to the interstate jurisdiction.
    (iii) State switched access and message toll including WATS payment 
and collection expense is directly assigned to the State jurisdiction.
    (iv) Interstate switched access and message toll including WATS 
payment and collection expense is directly assigned to the interstate 
jurisdiction.
    (v) State billing and collection payment and collection expense is 
directly assigned to the interstate jurisdiction.
    (vi) Interstate billing and collection payment and collection 
expense is directly assigned to the State jurisdiction.
    (vii) Effective July 1, 2001 through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41 of this 
chapter, shall assign the balance of Account 6620-Services to the 
subcategories, as specified in Sec. Sec. 36.377(a)(5)(i) through 
36.377(a)(5)(vi), based on the relative percentage assignment of the 
balance of Account 6620 to these subcategories during the twelve month 
period ending December 31, 2000. All subcategories of Interexchange 
carrier payment expense, as specified in Sec. Sec. 36.377(a)(5)(i) 
through 36.377(a)(5)(vi), shall be directly assigned.
    (6) Interexchange carrier billing inquiry includes expenses related 
to the handling of interexchange carrier billing inquiries. 
Interexchange carrier billing inquiry expenses are assigned to the 
following subcategories based on the relative number of actual contacts, 
weighted if appropriate, to reflect differences in the average work time 
per contact: State special access and private line; interstate special 
access and private line; State switched access and message toll 
including WATS; interstate switched access and message toll including 
WATS; State billing and collection; and interstate billing and 
collection.
    (i) State special access and private line billing inquiry expenses 
is directly assigned to the State jurisdiction.
    (ii) Interstate special access and private line billing inquiry 
expense is directly assigned to the interstate jurisdiction.
    (iii) State switched access and message toll including WATS billing 
inquiry expense is directly assigned to the State jurisdiction.
    (iv) Interstate switched access and message toll including WATS 
billing inquiry expense is directly assigned to the interstate 
jurisdiction.
    (v) State billing and collection billing inquiry expense is directly 
assigned to the State jurisdiction.
    (vi) Interstate Billing and Collection billing inquiry expense is 
directly assigned to the interstate jurisdiction.
    (vii) Effective July 1, 2001 through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41 of this 
chapter, shall assign the balance of Account 6620-Services to the 
subcategories, as specified in Sec. 36.377(a)(6)(i) through 
36.377(a)(6)(vi), based on the relative percentage assignment of the 
balance of Account 6620 to these subcategories during the twelve month 
period ending December 31, 2000. All subcategories of Interchange 
carrier billing inquiry expense, as specified in Sec. Sec. 
36.377(a)(6)(i) through 36.377(a)(6)(vi), shall be directly assigned.
    (7) Coin collection and administration includes expenses for the 
collection and counting of money deposited in public or semi-public 
phones. It also includes expenses incurred for required travel, coin 
security, checking the serviceability of public or semi-public 
telephones, and related functions. These expenses are apportioned 
between the State and interstate jurisdictions in proportion to the 
relative State and interstate revenues deposited in the public and semi-
public telephones.
    (i) Effective July 1, 2001 through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41 of this 
chapter, shall assign the balance of Account 6620-Services to the 
subcategories, as specified in Sec. 36.377(a)(7), based on the relative 
percentage assignment of the balance of Account 6620 to these 
subcategories during the twelve month period ending December 31, 2000.

[[Page 509]]

    (ii) Effective July 1, 2001 through June 30, 2006, all study areas 
shall apportion Coin collection and administration expense among the 
jurisdictions using the relative state and interstate revenues deposited 
in the public and semi-public telephones, as specified in Sec. Sec. 
36.377(a)(7), for the twelve month period ending December 31, 2000. 
Direct assignment of any Coin collection and administration expense 
among the jurisdictions shall be updated annually.

[52 FR 17229, May 6, 1987, as amended at 66 FR 33207, June 21, 2001]



Sec. 36.378  Category 2--Customer services (revenue accounting).

    (a) The Revenue Accounting proportion of Account 6620 expenses 
comprise the salaries and other expenses in Account 6620 directly 
assignable or allocable to the billing of customers and the accounting 
for revenues, including the supervision of such work.
    (b) Revenue Accounting expenses for the study area are separated on 
the basis of a Job Function analysis into three main classifications: 
Message processing expense, other billing and collecting expense, and 
carrier access charge billing and collecting expense.
    (1) Effective July 1, 2001 through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41 of this 
chapter, shall assign the balance of Account 6620-Services to the 
classifications, as specified in Sec. 36.378(b), based on the relative 
percentage assignment of the balance of Account 6620 to those 
classifications during the twelve month period ending December 31, 2000.
    (2) [Reserved]
    (c) The term ``ticket'' denotes either a ticket prepared manually by 
an operator or the mechanized equivalent of such a ticket processed by 
the revenue accounting office.

[52 FR 17229, May 6, 1987, as amended at 66 FR 33208, June 21, 2001]



Sec. 36.379  Message processing expense.

    (a) This classification includes the salary and machine expense of 
data processing equipment, including supervision, general accounting 
administrative and miscellaneous expense associated with the processing 
of individual toll tickets and local message tickets.
    (b) The expense assigned to this classification is divided into the 
subcategories Toll Ticket Processing Expense and Local Message 
Processing Expense on the basis of the relative number of messages. Toll 
Ticket Processing Expense is allocated between the State and interstate 
jurisdiction on the basis of the relative number of toll messages. Local 
Message Processing Expense is assigned to the exchange operation.
    (1) Effective July 1, 2001 through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41 of this 
chapter, shall assign the balance of Account 6620-Services to the 
subcategories, as specified in Sec. 36.379(b), based on the relative 
percentage assignment of the balance of Account 6620 to those 
subcategories during the twelve month period ending December 31, 2000.
    (2) Effective July 1, 2001 through June 30, 2006, all study areas 
shall apportion Toll Ticketing Processing Expense among the 
jurisdictions using the relative number of toll messages for the twelve-
month period ending December 31, 2000. Local Message Process Expense is 
assigned to the state jurisdiction.

[52 FR 17229, May 6, 1987, as amended at 66 FR 33208, June 21, 2001]



Sec. 36.380  Other billing and collecting expense.

    (a) This classification includes the salary expense, including 
supervision, general accounting administrative, and miscellaneous 
expense, associated with the preparation of customer bills other than 
carrier access charge bills and with other revenue accounting functions 
not covered in Sec. 36.379. Included in this classification are the 
expenses incurred in the preparation of monthly bills, initial and final 
bills, the application of service orders to billing records 
(establishing, changing, or discontinuing customers' accounts), station 
statistical work, controlling record work and the preparation of revenue 
reports.
    (b) Local exchange carriers that bill or collect from end users on 
behalf of interexchange carriers shall allocate one third of the 
expenses assigned this

[[Page 510]]

classification to the interstate jurisdiction, and two thirds of the 
expenses assigned this classification to the state jurisdiction.
    (c) Local exchange carriers that do not bill or collect from end 
users on behalf of interexchange carriers shall allocate five percent of 
the expenses assigned this classification to the interstate 
jurisdiction, and ninety-five percent of the expenses assigned this 
classification to the state jurisdiction.
    (d) Effective July 1, 2001 through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41 of this 
chapter, shall assign the balance of Account 6620-Services to the Other 
billing and collecting expense classification based on the relative 
percentage assignment of the balance of Account 6620 to those 
subcategory during the twelve month period ending December 31, 2000.
    (e) Effective July 1, 2001 through June 30, 2006, all study areas 
shall apportion Other billing and collecting expense among the 
jurisdictions using the allocation factor utilized, pursuant to 
Sec. Sec. 36.380(b) or 36.380(c), for the twelve month period ending 
December 31, 2000.

[53 FR 33011, Aug. 29, 1988, as amended at 62 FR 15416, Apr. 1, 1997; 66 
FR 33208, June 21, 2001]



Sec. 36.381  Carrier access charge billing and collecting expense.

    (a) This classification includes the revenue accounting functions 
associated with the billing and collecting of access charges to 
interexchange carriers.
    (b) Of access charges other than end user common line access charges 
are assessed for the origination or termination of intrastate services 
in a particular state, one-half of such expense shall be apportioned to 
interstate operations. If no such access charges are assessed in a 
particular state, all such expense shall be assigned to interstate 
operations.
    (c) Effective July 1, 2001, through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41 of this 
chapter, shall assign the balance of Account 6620-Services to the 
Carrier access charge billing and collecting expense classification 
based on the relative percentage assignment of the balance of Account 
6620 to that classification during the twelve month period ending 
December 31, 2000.
    (d) Effective July 1, 2001, through June 30, 2006, all study areas 
shall apportion Carrier access charge billing and collecting expense 
among the jurisdictions using the allocation factor, pursuant to Sec. 
36.381(b), for the twelve-month period ending December 31, 2000.

[52 FR 17229, May 6, 1987, as amended at 66 FR 33208, June 21, 2001]



Sec. 36.382  Category 3--All other customer services expense.

    (a) Effective July 1, 2001, through June 30, 2006, study areas 
subject to price cap regulation, pursuant to Sec. 61.41 of this 
chapter, shall assign the balance of Account 6620-Services to this 
category based on the relative percentage assignment of the balance of 
Account 6620 to this category during the twelve month period ending 
December 31, 2000.
    (b) Category 3 is apportioned on the basis of Categories 1 and 2.

[66 FR 33208, June 21, 2001]

                      Corporate Operations Expense



Sec. 36.391  General.

    Corporate Operations Expenses are included in the following account:

General and Administrative..................  Account 6720.
 


[69 FR 12552, Mar. 17, 2004]



Sec. 36.392  General and administrative--Account 6720.

    (a) These expenses are divided into two categories:
    (1) Extended Area Services (EAS).
    (2) All other.
    (b) Extended Area Services (EAS) settlements are directly assigned 
to the exchange operation.
    (c) The expenses in this account are apportioned among the 
operations on the basis of the separation of the cost of the combined 
Big Three Expenses which include the following accounts:

                         Plant Specific Expenses

Central Office Switching Expenses--Account 6210 (Class B Telephone

[[Page 511]]

    Companies); Accounts 6211 and 6212 (Class A Telephone Companies)
Operators Systems Expenses--Account 6220
Central Office Transmission Expenses--Account 6230 (Class B Telephone 
    Companies); Accounts 6231 and 6232 (Class A Telephone Companies)
Information Origination/Termination Expenses--Account 6310 (Class B 
    Telephone Companies); Accounts 6311, 6341, 6351, and 6362 (Class A 
    Telephone Companies)
Cable and Wire Facilities Expense--Account 6410 (Class B Telephone 
    Companies); Accounts 6411, 6421, 6422, 6423, 6424, 6426, 6431, and 
    6441 (Class A Telephone Companies)

                       Plant Non-Specific Expenses

Network Operations Expenses--Account 6530 (Class B Telephone Companies); 
    Accounts 6531, 6532, 6533, 6534, and 6535 (Class A Telephone 
    Companies)

                      Customer Operations Expenses

Marketing--Account 6610 (Class B Telephone Companies); Accounts 6611 and 
    6613 (Class A Telephone Companies)
Services--Account 6620

[52 FR 17229, May 6, 1987, as amended at 69 FR 12552, Mar. 17, 2004]

                             Operating Taxes



Sec. 36.411  Operating taxes--Account 7200 (Class B Telephone Companies); 
Accounts 7210, 7220, 7230, 7240, and 7250 (Class A Telephone Companies).

    (a) This account includes the taxes arising from the operations of 
the company, i.e.,

Operating Investment Tax Credits
Operating Federal Income Taxes
Operating State and Local Income Taxes
Operating Other Taxes
Provision for Deferred Operating Income Taxes



Sec. 36.412  Apportionment procedures.

    (a) For apportionment purposes, the expenses in this account are 
segregated into two groups as follows: (1) Operating Federal, State and 
local income taxes and (2) all other operating taxes.
    (b) Operating Federal, State and local income taxes are apportioned 
among the operations on the basis of the approximate net taxable income 
(positive or negative) applicable to each of the operations. The 
approximate net taxable income from each of the operations is the 
summation of the following amounts apportioned to each operation by 
means of the procedures set forth in this Manual:
    (1) Operating revenues,
    (2) Less operating expenses,
    (3) Less operating taxes except the net income tax being apportioned 
and except any other tax not treated as a deductible item in the 
determination of taxable net income for this purpose.
    (4) Less operating fixed charges.
    (i) The amount of fixed charges attributable to the operations is 
obtained by subtracting the tax component (positive or negative) 
attributable to other than the operating fixed charges, i.e., fixed 
charges on non-operating investments are that proportion of total fixed 
charges which non-operating net investments are of total operating and 
non-operating net investments.
    (ii) Operating fixed charges including interest on Rural Telephone 
Bank Stock are apportioned among the operations on the basis of the 
separation of the cost of telephone plant less appropriate reserves.
    (c) Other operating taxes should be directly assigned to the 
appropriate jurisdiction where possible, e.g., Local Gross Receipts may 
be directly identified as applicable to one jurisdiction. Where direct 
assignment is not feasible, these expenses should be apportioned among 
the operations on the basis of the separation of the cost of 
Telecommunications Plant in Service--Account 2001.

                          Equal Access Expenses



Sec. 36.421  Equal access expenses.

    (a) Equal access expenses include only initial incremental pre-
subscription costs and other initial incremental expenditures related 
directly to the provision of equal access, that would not be required to 
upgrade the capabilities of the office involved absent the provision of 
equal access. Equal access expenses are limited to such expenditures for 
converting central offices that serve competitive

[[Page 512]]

interexchange carriers or where there has been a bona fide request for 
conversion to equal access.
    (b) Equal access expenses are apportioned between the jurisdictions 
by first segregating them from all other expenses in the primary 
accounts and then allocating them on the same basis as equal access 
investment.



                    Subpart E_Reserves and Deferrals



Sec. 36.501  General.

    For separations purposes, reserves and deferrals include the 
following accounts:

Other Jurisdictional Assets--Net..........  Account 1500.
Accumulated Depreciation..................  Account 3100.
Accumulated Depreciation--Property Held     Account 3200.
 for Future Telecommunications Use.
Accumulated Amortization--Capital Leases..  Account 3400 (Class B
                                             Telephone Companies);
                                             Account 3410 (Class A
                                             Telephone Companies).
Net Current Deferred Operating Income       Account 4100.
 Taxes.
Net Noncurrent Deferred Operating Income    Account 4340.
 Taxes.
Other Jurisdictional Liabilities and        Account 4370.
 Deferred Credits--Net.
 


[69 FR 12553, Mar. 17, 2004]



Sec. 36.502  Other jurisdictional assets--Net--Account 1500.

    (a) Amounts in this account are separated based upon analysis of the 
specific items involved.



Sec. 36.503  Accumulated depreciation--Account 3100.

    (a) Amounts recorded in this account shall be separated on the basis 
of the separation of the associated primary Plant Accounts or related 
categories, excluding amortizable assets.



Sec. 36.504  Accumulated depreciation--Property held for future 
telecommunications use--Account 3200.

    (a) Amounts in this account are apportioned among the operations on 
the basis of the separation of the costs of the related items carried in 
Account 2002--Property Held for Future Telecommunications Use.



Sec. 36.505  Accumulated amortization--Tangible--Account 3400 (Class 

B Telephone Companies); Accumulated amortization--Capital Leases--Account 
3410 (Class A Telephone Companies).

    (a) Amounts in these accounts are apportioned among the operations 
on the basis of the separation of the related accounts.



Sec. 36.506  Net current deferred operating income taxes--Account 4100, 
Net noncurrent deferred operating income taxes--Account 4340.

    (a) Amounts in these accounts are maintained by plant account and 
are apportioned among the operations on the basis of the separations of 
the related plant accounts.



Sec. 36.507  Other jurisdictional liabilities and deferred credits--Net--
Account 4370.

    (a) Amounts in this account are separated based upon an analysis of 
the specific items involved.



                    Subpart F_Universal Service Fund

                                 General



Sec. 36.601  General.

    (a) The term Universal Service Fund in this subpart refers only to 
the support for loop-related costs included in Sec. 36.621. The term 
Universal Service in part 54 of this chapter refers to the comprehensive 
discussion of the Commission's rules implementing section 254 of the 
Communications Act of 1934, as amended, 47 U.S.C. 254, which addresses 
universal service support for rural, insular, and high cost areas, low-

[[Page 513]]

income consumers, schools and libraries, and heath care providers. The 
expense adjustment calculated pursuant to this subpart F shall be added 
to interstate expenses and deducted from state expenses after expenses 
and taxes have been apportioned pursuant to subpart D of this part. 
Beginning January 1, 1998, the expense adjustment calculated pursuant to 
this subpart will be administered and funded through the new universal 
service system discussed in part 54 of this chapter.
    (b) The expense adjustment will be computed on the basis of data for 
a preceding calendar year which may be updated at the option of the 
carrier pursuant to Sec. 36.612(a).
    (c) Until June 30, 2001, the annual amount of the total nationwide 
expense adjustment shall consist of the amounts calculated pursuant to 
Sec. 54.309 of this chapter and the amounts calculated pursuant to this 
subpart F. The annual amount of the total nationwide loop cost expense 
adjustment calculated pursuant to this subpart F shall not exceed the 
amount of the total loop cost expense adjustment for the immediately 
preceding calendar year, increased by a rate equal to the rate of 
increase in the total number of working loops during the calendar year 
preceding the July 31st filing. The total loop cost expense adjustment 
shall consist of the loop cost expense adjustments, including amounts 
calculated pursuant to Sec. 36.612(a) and Sec. 36.631. The rate of 
increase in total working loops shall be based upon the difference 
between the number of total working loops on December 31 of the calendar 
year preceding the July 31st filing and the number of total working 
loops on December 31 of the second calendar year preceding that filing, 
both determined by the company's submissions pursuant to Sec. 36.611. 
Beginning January 1, 2000, non-rural incumbent local exchange carriers 
and, eligible telecommunications carriers serving lines in the service 
area of non-rural incumbent local exchange carriers, shall only receive 
support pursuant to this subpart F to the extent that they qualify 
pursuant to Sec. 54.311 of this chapter for interim hold-harmless 
support. Support amounts calculated pursuant to this subpart F but not 
received due to the phase down of interim hold-harmless support or the 
receipt of forward-looking support pursuant to Sec. 54.311 of this 
chapter shall not be redistributed to other carriers.

[52 FR 17229, May 6, 1987, as amended at 56 FR 27422, June 14, 1991; 58 
FR 69242, Dec. 30, 1993; 61 FR 34376, July 2, 1996; 62 FR 32947, June 
17, 1997; 62 FR 40748, July 30, 1997; 63 FR 2124, Jan. 13, 1998; 64 FR 
30924, June 9, 1999; 64 FR 67430, Dec. 1, 1999; 65 FR 78992, Dec. 18, 
2000; 66 FR 30085, June 5, 2001]



Sec. 36.602  Calculation of non-rural carrier portion of nationwide loop 
cost expense adjustment.

    Effective July 1, 2001, for purposes of determining non-rural 
carrier interim hold-harmless support, pursuant to Sec. 54.311 of this 
chapter, the annual amount of the total nationwide loop cost expense 
adjustment calculated pursuant to this subpart F shall not exceed the 
amount of the total loop cost expense adjustment for the immediately 
preceding calendar year, increased by a rate equal to the rate of 
increase in the total number of working loops during the calendar year 
preceding the July 31st filing. The total loop cost expense adjustment 
shall consist of the loop cost expense adjustments, including amounts 
calculated pursuant to Sec. Sec. 36.612(a) and 36.631. The rate of 
increase in total working loops shall be based upon the difference 
between the number of total working loops on December 31 of the calendar 
year preceding the July 31st filing and the number of total working 
loops on December 31 of the second calendar year preceding that filing, 
both determined by the company's submissions pursuant to Sec. 36.611. 
Non-rural incumbent local exchange carriers and eligible 
telecommunications carriers serving lines in the service area of non-
rural incumbent local exchange carriers shall only receive support 
pursuant to this subpart F to the extent that they qualify pursuant to 
Sec. 54.311 of this

[[Page 514]]

chapter for interim hold-harmless support. Support amounts calculated 
pursuant to this subpart F but not received due to the phase down of 
interim hold-harmless support or the receipt of forward-looking support 
pursuant to Sec. 54.311 of this chapter shall not be redistributed to 
other carriers.

[66 FR 30085, June 5, 2001]



Sec. 36.603  Calculation of rural incumbent local exchange carrier 
portion of nationwide loop cost expense adjustment.

    (a) Effective July 1, 2001, the rural incumbent local exchange 
carrier portion of the annual nationwide loop cost expense adjustment 
will be recomputed by the fund administrator as if the indexed cap 
calculated pursuant to Sec. 36.601(c) and the corporate operations 
expense limitation calculated pursuant to Sec. 36.621 had not been in 
effect for the calendar year 2000. For the period July 1, 2001, to 
December 31, 2001, the annualized amount of the rural incumbent local 
exchange carrier portion of the nationwide loop cost expense adjustment 
calculated pursuant to this subpart F shall not exceed the non-capped 
amount of the total rural incumbent local exchange carrier loop cost 
expense adjustment for the calendar year 2000, multiplied times one plus 
the Rural Growth Factor calculated pursuant to Sec. 36.604. For the 
period January 1, 2002, to December 31, 2002, the annual amount of the 
rural incumbent local exchange carrier portion of the nationwide loop 
cost expense adjustment calculated pursuant to this subpart F shall not 
exceed the non-capped amount of the total rural incumbent local exchange 
carrier loop cost expense adjustment for calendar year 2000, multiplied 
times one plus the Rural Growth Factor for 2001, which then shall be 
multiplied times one plus the Rural Growth Factor for 2002. Beginning 
January 1, 2003, the annual amount of the rural incumbent local exchange 
carrier portion of the nationwide loop cost expense adjustment 
calculated pursuant to this subpart F shall not exceed the amount of the 
total rural incumbent local exchange carrier loop cost expense 
adjustment for the immediately preceding calendar year, multiplied times 
one plus the Rural Growth Factor calculated pursuant to Sec. 36.604.
    (b) The annual rural incumbent local exchange carrier portion of the 
nationwide loop cost expense adjustment shall be reduced to reflect the 
transfer of rural incumbent local exchange carrier access lines that are 
eligible for expense adjustments pursuant to Sec. 36.631. The reduction 
shall equal the amount of the Sec. 36.631 expense adjustment available 
to the transferred access lines at the time of the transfer and shall be 
effective in the next calendar quarter after the access lines are 
transferred.
    (c) Safety net additive support calculated pursuant to Sec. 36.605, 
and transferred high-cost support and safety valve support calculated 
pursuant to Sec. 54.305 of this chapter shall not be included in the 
rural incumbent local exchange carrier portion of the annual nationwide 
loop cost expense adjustment.

[66 FR 30085, June 5, 2001, as amended at 67 FR 44083, July 1, 2002]



Sec. 36.604  Calculation of the rural growth factor.

    The Rural Growth Factor (RGF) is equal to the sum of the annual 
percentage change in the United States Department of Commerce's Gross 
Domestic Product--Chained Price Index (GPD-CPI) plus the percentage 
change in the total number of rural incumbent local exchange carrier 
working loops during the calendar year preceding the July 31st filing 
submitted pursuant to Sec. 36.611. The percentage change in total rural 
incumbent local exchange carrier working loops shall be based upon the 
difference between the total number of rural incumbent local exchange 
carrier working loops on December 31 of the calendar year preceding the 
July 31st filing and the total number of rural incumbent local exchange 
carrier working loops on December 31 of the second calendar year 
preceding that filing, both determined by the company's submissions 
pursuant to Sec. 36.611. Loops acquired by rural incumbent local 
exchange carriers shall not be included in the RGF calculation.

[66 FR 30085, June 5, 2001]

[[Page 515]]



Sec. 36.605  Calculation of safety net additive.

    (a) ``Safety net additive support.'' A rural incumbent local 
exchange carrier shall receive safety net additive support if it 
satisfies the conditions set forth in paragraph (c) of this section. 
Safety net additive support is support available to rural telephone 
companies, as conditioned in paragraph (c) of this section, in addition 
to support calculated pursuant to Sec. 36.631. Safety net additive 
support shall not be available to rural telephone companies for 
exchange(s) that are subject to Sec. 54.305 of this chapter.
    (b) Calculation of safety net additive support: Safety net additive 
support is equal to the amount of capped support calculated pursuant to 
this subpart F in the qualifying year minus the amount of support in the 
year prior to qualifying for support subtracted from the difference 
between the uncapped expense adjustment for the study area in the 
qualifying year minus the uncapped expense adjustment in the year prior 
to qualifying for support as shown in the following equation: Safety net 
additive support = (Uncapped support in the qualifying year-Uncapped 
support in the base year)-(Capped support in the qualifying year-Amount 
of support received in the base year).
    (c) Operation of safety net additive support: (1) In any year in 
which the total carrier loop cost expense adjustment is limited by the 
provisions of Sec. 36.603 a rural incumbent local exchange carrier 
shall receive safety net additive support as calculated in paragraph (b) 
of this section, if in any study area, the rural incumbent local 
exchange carrier realizes growth in end of period Telecommunications 
Plant in Service (TPIS), as prescribed in Sec. 32.2001 of this chapter, 
on a per loop basis, of at least 14 percent more than the study area's 
TPIS per loop investment at the end of the prior period.
    (2) If paragraph (c)(1) of this section is met, the rural incumbent 
local exchange carrier must notify the Administrator; failure to 
properly notify the Administrator of eligibility shall result in 
disqualification of that study area for safety net additive, requiring 
the rural incumbent local exchange carrier to again meet the eligibility 
requirements in paragraph (c)(1) of this section for that study area in 
a subsequent period.
    (3) Upon completion of verification by the Administrator that the 
study area meets the stated criterion in paragraphs (a), (b), (c) of 
this section, the Administrator shall:
    (i) Pay to any qualifying rural telephone company, safety net 
additive support for the qualifying study area in accordance with the 
calculation set forth in paragraph (b) of this section; and
    (ii) Continue to pay safety net additive support in any of the four 
succeeding years in which the total carrier loop expense adjustment is 
limited by the provisions of Sec. 36.603. Safety net additive support 
in the succeeding four years shall be the lesser of:
    (A) The sum of capped support and the safety net additive support 
received in the qualifying year; or
    (B) The rural telephone company's uncapped support.

[66 FR 30086, June 5, 2001, as amended at 66 FR 65856, Dec. 21, 2001]

                             Data Collection



Sec. 36.611  Submission of information to the National Exchange Carrier 
Association (NECA).

    In order to allow determination of the study areas and wire centers 
that are entitled to an expense adjustment pursuant to Sec. 36.631, 
each incumbent local exchange carrier (LEC) must provide the National 
Exchange Carrier Association (NECA) (established pursuant to part 69 of 
this chapter) with the information listed for each study area in which 
such incumbent LEC operates, with the exception of the information 
listed in paragraph (h) of this section, which must be provided for each 
study area and, if applicable, for each wire center, as defined in part 
54 of this chapter, and each disaggregation zone as established pursuant 
to Sec. 54.315 of this chapter. This information is to be filed with 
NECA by July 31st of each year. The information provided pursuant to 
paragraph (h) of this section must be updated pursuant to Sec. 36.612. 
Rural telephone companies that acquired exchanges subsequent to May 7,

[[Page 516]]

1997, and incorporated those acquired exchanges into existing study 
areas shall separately provide the information required by paragraphs 
(a) through (h) of this section for both the acquired and existing 
exchanges.
    (a) Unseparated, i.e., state and interstate, gross plant investment 
in Exchange Line Cable and Wire Facilities (C&WF) Subcategory 1.3 and 
Exchange Line Central Office (CO) Circuit Equipment Category 4.13. This 
amount shall be calculated as of December 31st of the calendar year 
preceding each July 31st filing.
    (b) Unseparated accumulated depreciation and noncurrent deferred 
federal income taxes, attributable to Exchange Line C&WF Subcategory 1.3 
investment, and Exchange Line CO Circuit Equipment Category 4.13 
investment. These amounts shall be calculated as of December 31st of the 
calendar year preceding each July 31st filing, and shall be stated 
separately.
    (c) Unseparated depreciation expense attributable to Exchange Line 
C&WF Subcategory 1.3 investment, and Exchange Line CO Circuit Equipment 
Category 4.13 investment. This amount shall be the actual depreciation 
expense for the calendar year preceding each July 31st filing.
    (d) Unseparated maintenance expense attributable to Exchange Line 
C&WF Subcategory 1.3 investment and Exchange Line CO Circuit Equipment 
Category 4.113 investment. This amount shall be the actual repair 
expense for the calendar year preceding each July 31st filing.
    (e) Unseparated corporate operations expenses, operating taxes, and 
the benefits and rent proportions of operating expenses. The amount for 
each of these categories of expense shall be the actual amount for that 
expense for the calendar year preceding each July 31st filing. The 
amount for each category of expense listed shall be stated separately.
    (f) Unseparated gross telecommunications plant investment. This 
amount shall be calculated as of December 31st of the calendar year 
preceding each July 31st filing.
    (g) Unseparated accumulated depreciation and noncurrent deferred 
federal income taxes attributable to local unseparated 
telecommunications plant investment. This amount shall be calculated as 
of December 31st of the calendar year preceding each July 31st filing.
    (h) For rural telephone companies, as that term is defined in Sec. 
51.5 of this chapter, the number of working loops for each study area. 
For non-rural telephone companies, the number of working loops for each 
study area and for each wire center. For universal service support 
purposes, working loops are defined as the number of working Exchange 
Line C&WF loops used jointly for exchange and message telecommunications 
service, including C&WF subscriber lines associated with pay telephones 
in C&WF Category 1, but excluding WATS closed end access and TWX 
service. These figures shall be calculated as of December 31st of the 
calendar year preceding each July 31st filing.

[62 FR 32947, June 17, 1997, as amended at 64 FR 67430, Dec. 1, 1999; 66 
FR 30086, June 5, 2001]



Sec. 36.612  Updating information submitted to the National Exchange 
Carrier Association.

    (a) Any rural telephone company, as that term is defined in Sec. 
51.5 of this chapter, may update the information submitted to the 
National Exchange Carrier Association (NECA) on July 31st pursuant to 
Sec. Sec. 36.611 (a) through (h) one or more times annually on a 
rolling year basis according to the schedule, except that rural 
telephone companies in service areas where an eligible 
telecommunications carrier has initiated service and has reported line 
count data pursuant to Sec. 54.307(c) of this chapter must update the 
information submitted to NECA on July 31st pursuant to Sec. 36.611(h) 
according to the schedule. Every non-rural telephone company must update 
the information submitted to NECA on July 31st pursuant to Sec. 36.611 
(h) according to the schedule.
    (1) Submit data covering the last nine months of the previous 
calendar year and the first three months of the existing calendar year 
no later than September 30th of the existing year;
    (2) Submit data covering the last six months of the previous 
calendar year

[[Page 517]]

and the first six months of the existing calendar year no later than 
December 30th of the existing year;
    (3) Submit data covering the last three months of the second 
previous calendar year and the first nine months of the previous 
calendar year no later than March 30th of the existing year.
    (b) [Reserved]

[52 FR 17229, May 6, 1987, as amended at 62 FR 32947, June 17, 1997; 63 
FR 2124, Jan. 13, 1998; 64 FR 67430, Dec. 1, 1999; 66 FR 30086, June 5, 
2001]



Sec. 36.613  Submission of information by the National Exchange Carrier 
Association.

    (a) On October 1 of each year, the National Exchange Carrier 
Association shall file with the Commission and Administrator the 
information listed below. Information filed with the Commission shall be 
compiled from information provided to the Association by telephone 
companies pursuant to Sec. 36.611.
    (1) The unseparated loop cost for each study area and a nationwide-
average unseparated loop cost.
    (2) The annual amount of the high cost expense adjustment for each 
study area, and the total nationwide amount of the expense adjustment.
    (3) The dollar amount and percentage of the increase in the 
nationwide average unseparated loop cost, as well as the dollar amount 
and percentage increase for each study area, for the previous 5 years, 
or the number of years NECA has been receiving information under Sec. 
36.611, whichever is the shorter time period.
    (b) [Reserved]

[52 FR 17229, May 6, 1997, as amended at 62 FR 32948, June 17, 1997; 63 
FR 2124, Jan. 13, 1998]

            Calculation of Loop Costs for Expense Adjustment



Sec. 36.621  Study area total unseparated loop cost.

    (a) For the purpose of calculating the expense adjustment, the study 
area total unseparated loop cost equals the sum of the following:
    (1) Return component for net unseparated Exchange Line C&WF 
subcategory 1.3 investment and Exchange Line CO Circuit Equipment 
Category 4.13 investment. This amount is calculated by deducting the 
accumulated depreciation and noncurrent deferred Federal income taxes 
attributable to C&WF subcategory 1.3 investment and Exchange Line 
Category 4.13 circuit investment reported pursuant to Sec. 36.611(b) 
from the gross investment in Exchange Line C&WF subcategory 1.3 and CO 
Category 4.13 reported pursuant to Sec. 36.611(a) to obtain the net 
unseparated C&WF subcategory 1.3 investment, and CO Category 4.13 
investment. The net unseparated C&WF subcategory 1.3 investment and CO 
Category 4.13investment is multiplied by the study area's authorized 
interstate rate of return.
    (2) Depreciation expense attributable to C&WF subcategory 1.3 
investment, and CO Category 4.13 investment as reported in Sec. 
36.611(c).
    (3) Maintenance expense attributable to C&WF subcategory 1.3 
investment, and CO Category 4.13 investment as reported in Sec. 
36.611(d).
    (4) Corporate Operations Expenses, Operating Taxes and the benefits 
and rent portions of operating expenses, as reported in Sec. 36.611(e) 
attributable to investment in C&WF Category 1.3 and COE Category 4.13. 
This amount is calculated by multiplying the total amount of these 
expenses and taxes by the ratio of the unseparated gross exchange plant 
investment in C&WF Category 1.3 and COE Category 4.13, as reported in 
Sec. 36.611(a), to the unseparated gross telecommunications plant 
investment, as reported in Sec. 36.611(f). Total Corporate Operations 
Expense, for purposes of calculating universal service support payments 
beginning July 1, 2001, shall be limited to the lesser of:
    (i) The actual average monthly per-loop Corporate Operations 
Expense; or
    (ii) A monthly per-loop amount computed according to paragraphs 
(a)(4)(ii)(A), (a)(4)(ii)(B), (a)(4)(ii)(C), and (a)(4)(ii)(D) of this 
section. To the extent that some carriers' corporate operations expenses 
are disallowed pursuant to these limitations, the national average 
unseparated cost per loop shall be adjusted accordingly.
    (A) For study areas with 6,000 or fewer working loops the amount

[[Page 518]]

monthly per working loop shall be $33.30853-(.00246 x the number of 
working loops), or, $50,000 / the number of working loops, whichever is 
greater;
    (B) For study areas with more than 6,000 but fewer than 18,006 
working loops, the monthly amount per working loop shall be $3.83195 + 
(88,429.20 / the number of working loops); and
    (C) For study areas with 18,006 or more working loops, the monthly 
amount per working loop shall be $8.74472.
    (D) Beginning January 1, 2002, the monthly per-loop amount computed 
according to paragraphs (a)(4)(ii)(A), (a)(4)(ii)(B), and (a)(4)(ii)(C) 
of this section shall be adjusted each year to reflect the annual 
percentage change in the United States Department of Commerce's Gross 
Domestic Product-Chained Price Index (GDP-CPI).
    (b) [Reserved]

[52 FR 17229, May 6, 1987, as amended at 56 FR 27422, June 14, 1991; 62 
FR 32948, June 17, 1997; 62 FR 40748, July 30, 1997; 63 FR 2124, Jan. 
13, 1998; 66 FR 30086, June 5, 2001]



Sec. 36.622  National and study area average unseparated loop costs.

    (a) National Average Unseparated Loop Cost per Working Loop. Except 
as provided in paragraph (c) of this section, this is equal to the sum 
of the Loop Costs for each study area in the country as calculated 
pursuant to Sec. 36.621(a) divided by the sum of the working loops 
reported in Sec. 36.611(h) for each study area in the country. The 
national average unseparated loop cost per working loop shall be 
calculated by the National Exchange Carrier Association. Effective July 
1, 2001, the national average unseparated loop cost for purposes of 
calculating expense adjustments for rural incumbent local exchange 
carriers, as that term is defined in Sec. 54.5 of this chapter, is 
frozen at $240.00.
    (1) The National Average Unseparated Loop Cost per Working Loop 
shall be recalculated by the National Exchange Carrier Association to 
reflect the September, December, and March update filings.
    (2) Each new nationwide average shall be used in determining the 
additional interstate expense allocation for companies which made 
filings by the most recent filing date.
    (3) The calculation of a new national average to reflect the update 
filings shall not affect the amount of the additional interstate expense 
allocation for companies which did not make an update filing by the most 
recent filing date.
    (b) Study Area Average Unseparated Loop Cost per Working Loop. This 
is equal to the unseparated loop costs for the study area as calculated 
pursuant to Sec. 36.621(a) divided by the number of working loops 
reported in Sec. 36.611(h) for the study area.
    (1) If a company elects to, or is required to, update the data which 
it has filed with the National Exchange Carrier Association as provided 
in Sec. 36.612(a), the study area average unseparated loop cost per 
working loop and the amount of its additional interstate expense 
allocation shall be recalculated to reflect the updated data.
    (2) [Reserved]
    (c) The National Average Unseparated Loop Cost per Working Loop 
shall be the greater of:
    (1) The amount calculated pursuant to the method described in 
paragraph (a) of this section; or
    (2) An amount calculated to produce the maximum total Universal 
Service Fund allowable pursuant to Sec. 36.601(c).

[52 FR 17229, May 6, 1987, as amended at 56 FR 27422, June 14, 1991; 58 
FR 69242, Dec. 30, 1993; 60 FR 65012, Dec. 15, 1995; 61 FR 34377, July 
2, 1996; 62 FR 32948, June 17, 1997; 63 FR 2125, Jan. 13, 1998; 64 FR 
67430, Dec. 1, 1999; 66 FR 30087, June 5, 2001]

    Calculation of Expense Adjustment--Additional Interstate Expense 
                               Allocation



Sec. 36.631  Expense adjustment.

    (a) Until December 31, 1987, for study areas reporting 50,000 or 
fewer working loops pursuant to Sec. 36.611(h), the expense adjustment 
(additional interstate expense allocation) is equal to the sum of the 
following:
    (1) Fifty percent of the study area average unseparated loop cost 
per working loop as calculated pursuant to Sec. 36.622(b) in excess of 
115 percent of the national average for this cost but not greater than 
150 percent of the national

[[Page 519]]

average for this cost as calculated pursuant to Sec. 36.622(a) 
multiplied by the number of working loops reported in Sec. 36.611(h) 
for the study area; and
    (2) Seventy-five percent of the study area unseparated loop cost per 
working loop as calculated pursuant to Sec. 36.622(b) in excess of 150 
percent of the national average for this cost as calculated pursuant to 
Sec. 36.622(a) multiplied by the number of working loops reported in 
Sec. 36.611(h) for the study area.
    (b) Until December 31, 1987, for study areas reporting more than 
50,000 working loops pursuant to Sec. 36.611(h), the expense adjustment 
(additional interstate expense allocation) is equal to the sum of the 
following:
    (1) Twenty-five percent of the study area average unseparated loop 
cost per working loop as calculated pursuant to Sec. 36.622(b) in 
excess of 115 percent of the national average for this cost but not 
greater than 150 percent of the national average for this cost as 
calculated pursuant to Sec. 36.622(a) multiplied by the number of 
working loops reported in Sec. 36.611(h) for the study area; and
    (2) The amount calculated pursuant to Sec. 36.631(a)(2).
    (c) Beginning January 1, 1988, for study areas reporting 200,000 or 
fewer working loops pursuant to Sec. 36.611(h), the expense adjustment 
(additional interstate expense allocation) is equal to the sum of 
paragraphs (c)(1) through (2) of this section. After January 1, 2000, 
the expense adjustment (additional interstate expense allocation) for 
non-rural telephone companies serving study areas reporting 200,000 or 
fewer working loops pursuant to Sec. 36.611(h) shall be calculated 
pursuant to Sec. 54.309 of this chapter or Sec. 54.311 of this chapter 
(which relies on this part), whichever is applicable.
    (1) Sixty-five percent of the study area average unseparated loop 
cost per working loop as calculated pursuant to Sec. 36.622(b) in 
excess of 115 percent of the national average for this cost but not 
greater than 150 percent of the national average for this cost as 
calculated pursuant to Sec. 36.622(a) multiplied by the number of 
working loops reported in Sec. 36.611(h) for the study area; and
    (2) Seventy-five percent of the study area average unseparated loop 
cost per working loop as calculated pursuant to Sec. 36.622(b) in 
excess of 150 percent of the national average for this cost as 
calculated pursuant to Sec. 36.622(a) multiplied by the number of 
working loops reported in Sec. 36.611(h) for the study area.
    (d) Beginning January 1, 1988, for study areas reporting more than 
200,000 working loops pursuant to Sec. 36.611(h), the expense 
adjustment (additional interstate expense allocation) is equal to the 
sum of paragraphs (d)(1) through (4) of this section. After January 1, 
2000, the expense adjustment (additional interstate expense allocation) 
shall be calculated pursuant to Sec. 54.309 of this chapter or Sec. 
54.311 of this chapter (which relies on this part), whichever is 
applicable.
    (1) Ten percent of the study area average unseparated loop cost per 
working loop cost per working loop as calculated pursuant to Sec. 
36.622(b) in excess of 115 percent of the national average for this cost 
but not greater than 160 percent of the national average for this cost 
as calculated pursuant to Sec. 36.622(a) multiplied by the number of 
working loops reported in Sec. 36.611(h) for the study area;
    (2) Thirty percent of the study area average unseparated loop cost 
per working loop as calculated pursuant to Sec. 36.622(b) in excess of 
160 percent of the national average for this cost but not greater than 
200 percent of the national average for this cost as calculated pursuant 
to Sec. 36.622(a) multiplied by the number of working loops reported in 
Sec. 36.611(h) for the study area;
    (3) Sixty percent of the study area average unseparated loop cost 
per working loop as calculated pursuant to Sec. 36.622(b) in excess of 
200 percent of the national average for this cost but not greater than 
250 percent of the national average for this cost as calculated pursuant 
to Sec. 36.622(a) multiplied by the number of working loops reported in 
Sec. 36.611(h) for the study area; and
    (4) Seventy-five percent of the study area average unseparated loop 
cost per working loop as calculated pursuant to Sec. 36.622(b) in 
excess of 250 percent of the national average for this cost as 
calculated pursuant to Sec. 36.622(a) multiplied by the number of 
working loops

[[Page 520]]

reported in Sec. 36.611(h) for the study area.
    (e) Beginning April 1, 1989, the expense adjustment calculated 
pursuant to Sec. 36.631 (c) and (d) shall be adjusted each year to 
reflect changes in the size of the Universal Service Fund resulting from 
adjustments calculated pursuant to Sec. 36.612(a) made during the 
previous year. If the resulting amount exceeds the previous year's fund 
size, the difference will be added to the amount calculated pursuant to 
Sec. 36.631 (c) and (d) for the following year. If the adjustments made 
during the previous year result in a decrease in the size of the funding 
requirement, the difference will be subtracted from the amount 
calculated pursuant to Sec. 36.631 (c) and (d) for the following year.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33011 and 33012, Aug. 29, 
1988; 63 FR 2125, Jan. 13, 1998; 64 FR 67430, Dec. 1, 1999; 64 FR 73428, 
Dec. 30, 1999; 69 FR 12553, Mar. 17, 2004]

                     Transitional Expense Adjustment



Sec. 36.641  Transition.

    (a) The expense adjustment for 1993 and subsequent years shall be 
the amount computed in accordance with Sec. 36.631.
    (b) The expense adjustments for 1988 through 1992 shall be as 
follows:
    (1) Three-eighths of the amount computed in accordance with Sec. 
36.631 in 1988;
    (2) One-half of the amount computed in accordance with Sec. 36.631 
in 1989;
    (3) Five-eighths of the amount computed in accordance with Sec. 
36.631 in 1990;
    (4) Three-quarters of the amount computed in accordance with Sec. 
36.631 in 1991; and
    (5) Seven-eighths of the amount computed in accordance with Sec. 
36.631 in 1992.

Subpart G--[Reserved]

                      Appendix to Part 36--Glossary

    The descriptions of terms in this glossary are broad and have been 
prepared to assist in understanding the use of such terms in the 
separation procedures. Terms which are defined in the text of this part 
are not included in this glossary.

                               Access Line

    A communications facility extending from a customer's premises to a 
serving central office comprising a subscriber line and, if necessary, a 
trunk facility, e.g., a WATS access line, TWX access line.

                                Book Cost

    The cost of property as recorded on the books of a company.

                            Cable Fill Factor

    The ratio of cable conductor or cable pair kilometers in use to 
total cable conductor or cable pair kilometers available in the plant, 
e.g., the ratio of revenue producing cable pair kilometers in use to 
total cable pair kilometers in plant.

                                Category

    A grouping of items of property or expense to facilitate the 
apportionment of their costs among the operations and to which, 
ordinarily, a common measure of use is applicable.

                             Central Office

    A switching unit, in a telephone system which provides service to 
the general public, having the necessary equipment and operations 
arrangements for terminating and interconnecting subscriber lines and 
trunks or trunks only. There may be more than one central office in a 
building.

                                 Channel

    An electrical path suitable for the transmission of communications 
between two or more points, ordinarily between two or more stations or 
between channel terminations in Telecommunication Company central 
offices. A channel may be furnished by wire, fiberoptics, radio or a 
combination thereof.

                                 Circuit

    A fully operative communications path established in the normal 
circuit layout and currently used for message, WATS access, TWX, or 
private line services.

                           Circuit Kilometers

    The route kilometers or revenue producing circuits in service, 
determined by measuring the length in terms of kilometers, of the actual 
path followed by the transmission medium.

                    Common Channel Network Signaling

    Channels between switching offices used to transmit signaling 
information independent of the subscribers' communication paths or 
transmission channels.

[[Page 521]]

                          Complement (of cable)

    A group of conductors of the same general type (e.g., quadded, 
paired) within a single cable sheath.

                                 Complex

    All groups of operator positions, wherever located, associated with 
the same call distribution and/or stored program control unit.

                        Concentrating Unit (TWX)

    An arrangement of central office equipment wherein traffic over a 
number of TWX circuits is automatically concentrated onto a lesser 
number of circuits between the concentrating unit and its associated TWX 
switching office.

                         Concentration Equipment

    Central office equipment whose function is to concentrate traffic 
from subscriber lines onto a lesser number of circuits between the 
remotely located concentration equipment and the serving central office 
concentration equipment. This concentration equipment is connected to 
the serving central office line equipment.

                           Connection--Minute

    The product of (a) the number of messages and, (b) the average 
minutes of connection per message.

                          Conversation--Minute

    The product of (a) the number of messages and, (b) the average 
minutes of conversation per message.

                     Conversation-Minute-Kilometers

    The product of (a) the number of messages, (b) the average minutes 
of conversation per message and (c) the average route kilometers of 
circuits involved.

                                  Cost

    The cost of property owned by the Telephone Company whose property 
is to be apportioned among the operations. This term applies either to 
property costs recorded on the books of the company or property costs 
determined by other evaluation methods.

                             Current Billing

    The combined amount of charges billed, excluding arrears.

                     Customer Dialed Charge Traffic

    Traffic which is both (a) handled to completion through pulses 
generated by the customer and (b) for which either a message unit 
change, bulk charge or message toll charge is except for that traffic 
recorded by means of message registers.

                       Customer Premises Equipment

    Items of telecommunications terminal equipment in Accounts 2310 
referred to as CPE in Sec. 64.702 of the Federal Communication 
Commission's Rules adopted in the Second Computer Inquiry such as 
telephone instruments, data sets, dialers and other supplemental 
equipment, and PBX's which are provided by common carriers and located 
on customer premises and inventory included in these accounts to be used 
for such purposes. Excluded from this classification are similar items 
of equipment located on telephone company premises and used by the 
company in the normal course of business as well as over voltage 
protection equipment, customer premises wiring, coin operated public or 
pay telephones, multiplexing equipment to deliver multiple channels to 
the customer, mobile radio equipment and transmit earth stations.

                         Customer Premises Wire

    The segment of wiring from the customer's side of the protector to 
the customer premises equipment.

                                DSA Board

    A local dial office switchboard at which are handled assistance 
calls, intercepted calls and calls from miscellaneous lines and trunks. 
It may also be employed for handling certain toll calls.

                                DSB Board

    A switchboard of a dial system for completing incoming calls 
received from manual offices.

                        Data Processing Equipment

    Office equipment such as that using punched cards, punched tape, 
magnetic or other comparable storage media as an operating vehicle for 
recording and processing information. Includes mechines for transcribing 
raw data into punched cards, etc., but does not include such items as 
key-operated, manually or electrically driven adding, calculating, 
bookkeeping or billing machines, typewriters or similar equipment.

                        Dial Switching Equipment

    Switching equipment actuated by electrical impulses generated by a 
dial or key pulsing arrangement.

                           Equal Access Costs

    Include only initial incremental presubscription costs and initial 
incremental expenditures for hardware and software related directly to 
the provision of equal access which would not be required to upgrade the 
switching capabilities of the office involved absent the provisions of 
equal access.

[[Page 522]]

                            Equivalent Gauge

    A standard cross section of cable conductors for use in equating the 
metallic content of cable conductors of all gauge to a common base.

                    Equivalent Kilometers of 104 Wire

    The basic units employed in the allocation of pole lines costs for 
determining the relative use made of poles by aerial cables and by 
aerial wire conductors of various sizes. This unit reflects the relative 
loads of such cable and wire carried on poles.

                       Equivalent Pair Kilometers

    The product of sheath Kilometers and the number of equivalent gauge 
pairs of conductors in a cable.

                      Equivalent Sheath Kilometers

    The product of (a) the length of a section of cable in kilometers 
(sheath kilometers) and (b) the ratio of the metallic content applicable 
to a particular group of conductors in the cable (e.g., conductors 
assigned to a category) to the metallic content of all conductors in the 
cable.

                       Exchange Transmission Plant

    This is a combination of (a) exchange cable and wire facilties (b) 
exchange central office circuit equipment, including associated land and 
buildings and (c) information origination/termination equipment which 
forms a complete channel.

                              Holding Time

    The time in which an item of telephone plant is in actual use either 
by a customer or an operator. For example, on a completed telephone 
call, holding time includes conversation time as well as other time in 
use. At local dial offices any measured minutes which result from other 
than customer attempts to place calls (as evidenced by the dialing of at 
least one digit) are not treated as holding time.

                           Host Central Office

    An electronic analog or digital base switching unit containing the 
central call processing functions which service the host office and its 
remote locations.

              Information Origination/Termination Equipment

    Equipment used to input into or receive output from the 
telecommunications network.

                          Interexchange Channel

    A circuit which is included in the interexchange transmission 
equipment.

                  Interexchange Transmission Equipment

    The combination of (a) interexchange cable and wire facilities, (b) 
interexchange circuit equipment and, (c) associated land and buildings.

                            Interlocal Trunk

    A circuit between two local central office units, either manual or 
dial. Interlocal trunks may be used for either exchange or toll traffic 
or both.

                           Intertoll Circuits

    Circuits between toll centers and circuits between a toll center and 
a tandem system in a different toll center area.

                              Local Channel

    The portion of a private line circuit which is included in the 
exchange transmission plant. However, common usage of this term usually 
excludes information origination/termination equipment.

                              Local Office

    A central office serving primarily as a place of termination for 
subscriber lines and for providing telephone service to the subscribers 
on these lines.

                                  Loop

    A pair of wires, or its equivalent, between a customer's station and 
the central office from which the station is served.

                                 Message

    A completed call, i.e., a communication in which a conversation or 
exchange of information took place between the calling and called 
parties.

                 Message Service or Message Toll Service

    Switched service furnished to the general public (as distinguished 
from private line service). Except as otherwise provided, this includes 
exchange switched services and all switched services provided by 
interexchange carriers and completed by a local telephone company's 
access services, e.g., MTS, WATS, Execunet, open-end FX and CCSA/ONALs.

                              Message Units

    Unit of measurement used for charging for measured message telephone 
exchange traffic within a specified area.

                        Metropolitan Service Area

    The area around and including a relatively large city and in which 
substantially all of the message telephone traffic between the city and 
the suburban points within the area is classified as exchange in one or 
both directions.

[[Page 523]]

                             Minutes-of-Use

    A unit of measurement expressed as either holding time or 
conversation time.

                        Minutes-of-Use-Kilometers

    The product of (a) the number of minutes-of-use and (b) the average 
route kilometers of circuits involved.

                          Multi-Center Exchange

    An exchange area in which are located two or more local central 
office buildings or wire centers.

                               Operations

    The term denoting the general classifications of services rendered 
to the public for which separate tariffs are filed, namely exchange, 
state toll and interstate toll.

                             Operator Trunks

    A general term, ordinarily applied to trunks between manually 
operated switchboard positions and local dial central offices in the 
same wire center.

                          Private Line Service

    A service for communications between specified locations for a 
continuous period or for regularly recurring periods at stated hours.

                           Remote Access Line

    An access line (e.g., for WATS or TWX service) between a 
subscriber's premises in one toll rate center and a serving central 
office located in a different toll rate center.

                          Remote Line Location

    A remotely located subscriber line access unit which is normally 
dependent upon the central processor of the host office for call 
processing functions.

                     Remote Trunk Arrangement (RTA)

    Arrangement that permits the extension of TSPS functions to remote 
locations.

                               Reservation

    That amount or quantity of property kept or set apart for a specific 
use.

                                Reserved

    Kept or set apart for a specific use.

                               Separations

    The process by which telecommunication property costs, revenues, 
expenses, taxes and reserves are apportioned among the operations.

                         Service Observing Unit

    A unit of work measurement which is used as the common denominator 
to express the relative time required for handling the various work 
functions at service observing boards.

                            Sheath Kilometers

    The actual length of cable in route kilometers.

                            Special Services

    All services other than message telephones, e.g., teletypewriter 
exchange service (TWX), private line services.

                        Station-to-Station Basis

    The term applied to the basis of toll rate making which contemplates 
that the message toll service charge (telephone or TWX) covers the use 
made of all facilities between the originating station and the 
terminating station, including the stations, and the services rendered 
in connection therewith.

                               Study Area

    Study area boundaries shall be frozen as they are on November 15, 
1984

                    Subscriber Line or Exchange Line

    A communication channel between a telephone station, PBX or TWX 
station and the central office which serves it.

                           Subtributary Office

    A class of tributary office which does not have direct access to its 
toll center, but which is connected to its toll center office by means 
of circuits which are switched through to the toll center at another 
tributary office.

                               Tandem Area

    The general areas served by the local offices having direct trunks 
to or from the tandem office. This area may consist of one or more 
communities or may include only a portion of a relatively large city.

                         Tandem Circuit or Trunk

    A general classification of circuits or trunks between a tandem 
central office unit and any other central office or switchboard.

                            Tandem Connection

    A call switched at a tandem office.

                              Tandem Office

    A central office unit used primarily as an intermediate switching 
point for traffic between local central offices within the tandem area. 
Where qualified by a modifying expression, or other explanation, this 
term may be applied to an office employed for

[[Page 524]]

both the interconnection of local central offices within the tandem area 
and for the interconnection of these local offices with other central 
offices, e.g., long haul tandem office.

                               Toll Center

    An office (or group of offices) within a city which generally 
handles the originating and incoming toll traffic for that city to or 
from other toll center areas and which handles through switched traffic. 
The toll center normally handles the inward toll traffic for its 
tributary exchanges and, in general, either handles the outward traffic 
originating at its tributaries or serves as the outlet to interexchange 
circuits for outward traffic ticketed and timed at its tributaries. Toll 
centers are listed as such in the Toll Rate and Route Guide.

                            Toll Center Area

    The areas served by a toll center, including the toll center city 
and the communities served by tributaries of the toll center.

                         Toll Center Toll Office

    A toll office (as contrasted to a local office) in a toll center 
city.

                              Toll Circuit

    A general term applied to interexchange trunks used primarily for 
toll traffic.

                          Toll Connecting Trunk

    A general classification of trunks carrying toll traffic and 
ordinarily extending between a local office and a toll office, except 
trunks classified as tributary circuits. Examples of toll connecting 
trunks include toll switching trunks, recording trunks and recording-
completing trunks.

                               Toll Office

    A central office used primarily for supervising and switching toll 
traffic.

                        Traffic Over First Routes

    A term applied to the routing of traffic and denoting routing via 
principal route for traffic between any two points as distinguished from 
alternate routes for such traffic.

                             Operator System

    A stored program electronic system associated with one or more toll 
switching systems which provides centralized traffic service position 
functions for several local offices at one location.

                            Tributary Circuit

    A circuit between a tributary office and a toll switchboard or 
intertoll dialing equipment in a toll center city.

                            Tributary Office

    A local office which is located outside the exchange in which a toll 
center is located, which has a different rate center from its toll 
center and which usually tickets and times only a part of its 
originating toll traffic, but which may ticket or time all or none, of 
such traffic. The toll center handles all outward traffic not ticketed 
and timed at the tributary and normally switches all inward toll traffic 
from outside the tributary's toll center to the tributary. Tributary 
offices are indicated as such in the Toll Rate and Route Guide.

                                 Trunks

    Circuit between switchboards or other switching equipment, as 
distinguished from circuits which extend between central office 
switching equipment and information origination/termination equipment.

                              TSPS Complex

    All groups of operator positions, wherever located, associated with 
the same TSPS stored program control units.

                                   TWX

    Teletypewriter Exchange Service.

                             TWX Connection

    A completed TWX call, i.e., a call on which a TWX communication was 
passed between the calling and called stations.

                    TWX Connection-Minute-Kilometers

    The product of (a) the number of TWX connections, (b) the average 
minutes per TWX connection and (c) the average route kilometers of 
circuits involved.

                       TWX Switching Plant Trunks

    Interexchange circuits, excluding remote access lines, which handle 
100 word per minute TWX traffic only.

                      Weighted Standard Work Second

    A measurement of traffic operating work which is used to express the 
relative time required to handle the various kinds of calls or work 
functions, and which is weighted to reflect appropriate degrees of 
waiting to serve time.

                    Wide Area Telephone Service WATS

    A toll service offering for customer dial type telecommunications 
between a given customer station and stations within specified 
geographic rate areas employing a single access line between the 
customer location and the serving central office. Each access line may 
be arranged for either outward (OUT-WATS) or inward (IN-WATS) service or 
both.

[[Page 525]]

                            Wideband Channel

    A communication channel of a bandwidth equivalent to twelve or more 
voice grade channels.

                              Working Loop

    A revenue producing pair of wires, or its equivalent, between a 
customer's station and the central office from which the station is 
served.

[52 FR 17229, May 6, 1987, as amended at 53 FR 33012, Aug. 29, 1988; 53 
FR 39095, Oct. 5, 1989; 58 FR 44905, Aug. 25, 1993]

                         PARTS 37-39 [RESERVED]

[[Page 527]]



                              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
  List of CFR Sections Affected

[[Page 529]]

            Material Approved for Incorporation by Reference

                     (Revised as of October 1, 2004)

  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 20-39)

FEDERAL COMMUNICATIONS COMMISSION
                                                                  47 CFR


American National Standards Institute

  25 West 43rd Street, Fourth floor, New York, NY 
  10036; copies of the standard may be purchased 
  from Global Engineering Documents, 15 Inverness 
  Way East, Englewood, CO 80112-5704
ANSI TIA/EIA-553-A-1999, Mobile Station-Base                      22.901
  Station Compatibility Standard, approved October 
  14, 1999.


International Telecommunication Union (ITU)

  Place des Nations, CH-1211 Geneva 20, 
  Switzerland
ITU Recommendation ITU-R M.1186, Technical                        25.254
  Considerations for the Coordination Between 
  Mobile Satellite Service (MSS) Networks 
  Utilizing Code Division Multiple Access (CDMA) 
  and Other Spread Spectrum Techniques in the 1-3 
  GHz Band, 1995.

[[Page 531]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 2004)

                      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--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  [Reserved]
        II  Office of Management and Budget Circulars and Guidance 
                [Reserved]
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements [Reserved]


                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)

                   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)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      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)

[[Page 532]]

        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)
      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)
        LV  National Endowment for the Arts (Part 6501)
       LVI  National Endowment for the Humanities (Part 6601)
      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)
     LXVII  Institute of Museum and Library Services (Part 7701)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
    LXXIII  Department of Agriculture (Part 8301)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)

[[Page 533]]

     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                      Title 6--Homeland Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         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)
       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)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)

[[Page 534]]

      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  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    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  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 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, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)

[[Page 535]]

       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)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Part 1800)

                      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)
        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  Department of the Treasury (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)
        IV  Emergency Steel Guarantee Loan Board, Department of 
                Commerce (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board, 
                Department of Commerce (Parts 500--599)

                    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)

[[Page 536]]

       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 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 Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        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)

[[Page 537]]

          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  Bureau of Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Bureau of Immigration and Customs Enforcement, 
                Department of Homeland Security (Parts 400--599)

                     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)
        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 (Parts 200--299)
       III  Peace Corps (Parts 300--399)

[[Page 538]]

        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (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)
       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)

                          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 Housing and 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]

[[Page 539]]

       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, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         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)

                           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 (Parts 1000--1199)
       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--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

[[Page 540]]

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       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)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            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)
       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  Employee Benefits Security 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)

[[Page 541]]

        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
       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)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

                      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)
       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)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       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)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)

[[Page 542]]

        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)
        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)

             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)
        XV  Oklahoma City National Memorial Trust (Part 1501)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

[[Page 543]]

             Title 37--Patents, Trademarks, and Copyrights

         I  United States 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--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          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)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, 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)
       102  Federal Management Regulation (Parts 102-1--102-299)
       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)

[[Page 544]]

       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 (Part 303-70)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, 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--10010)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        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

[[Page 545]]

        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)
     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 Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (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)

[[Page 546]]

       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  Broadcasting Board of Governors (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)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        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)

[[Page 547]]

        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        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 Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (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)
        XI  Bureau of Transportation Statistics, Department of 
                Transportation (Parts 1400--1499)
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   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)
        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)

[[Page 548]]

         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR

[[Page 549]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 2004)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
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                            5, LXXIII
  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
  Procurement and Property Management, Office of  7, XXXII
  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
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
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

[[Page 550]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
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
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
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
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
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  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, United States      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
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII

[[Page 551]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  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
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
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
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
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, IV, VII
  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                5, III, LXXVII; 14, VI; 
                                                  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

[[Page 552]]

  Trade Representative, Office of the United      15, XX
       States
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
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
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
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 Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
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
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 553]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  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
  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
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  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
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V; 42, I
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection Bureau            19, I
  Federal Emergency Management Agency             44, I
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
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
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  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
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
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; 42, I
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General

[[Page 554]]

  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
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
  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 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, XI; 40, 
                                                  IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  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
  Employee Benefits Security Administration       29, XXV
  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
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A

[[Page 555]]

  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of 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
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  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
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
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 and Community Service, Corporation for   45, XII, XXV
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 Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
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, VI
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 Interstate Low-Level Radioactive Waste  10, XVIII
   Commission
[[Page 556]]

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
Oklahoma City National Memorial Trust             36, XV
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, United States        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 Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  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 Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
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; 28, XI
  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

[[Page 557]]

Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  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
  Federal Motor Carrier Safety Administration     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
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection Bureau            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 Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 559]]







                      Table of OMB Control Numbers



The OMB control numbers for chapter I of title 47 were consolidated into 
Sec.  0.408 at 64 FR 55425, Oct. 13, 1999, revised at 66 FR 48973, Sept. 
25, 2001, and further revised at 69 FR 15250, Mar. 25, 2004. Section 
0.408 is reprinted below for the convenience of the user.

Sec.  0.408  OMB control numbers and expiration dates assigned pursuant 
          to the Paperwork Reduction Act of 1995.

    (a) Purpose. This section 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, Pub. L. 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, 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, (``AMD-PERM''), Federal 
Communications Commission, Washington, DC 20554.
    (b) Display

------------------------------------------------------------------------
                      FCC form number or 47
                       CFR section or part,
  OMB control No.     docket number or title      OMB expiration date
                         identifying the
                            collection
------------------------------------------------------------------------
3060-0004..........  Guidelines for           09/30/04.
                      Evaluating the
                      Environmental Effects
                      of Radiofrequency
                      Radiation, ET Docket
                      No. 93-62.
3060-0009..........  FCC 316................  12/31/05.
3060-0010..........  FCC 323................  02/28/06.
3060-0012..........  FCC 701................  10/31/05.
3060-0016..........  FCC 346................  04/30/04.
3060-0017..........  FCC 347................  06/30/06.
3060-0024..........  Sec. 76.29.............  09/30/04.
3060-0027..........  FCC 301................  Pending OMB approval.
3060-0029..........  FCC 302-TV.............  06/30/04.
3060-0031..........  FCC 314................  Pending OMB approval.
3060-0032..........  FCC 315................  Pending OMB approval.
3060-0034..........  FCC 340................  04/30/04.
3060-0053..........  FCC 703................  02/28/05.
3060-0055..........  FCC 327................  11/30/06.
3060-0056..........  Part 68--Connection of   12/31/04.
                      Terminal Equipment to
                      the Telephone Network.
3060-0057..........  FCC 731 and Secs.        02/28/05.
                      2.911, 2.925, 2.932,
                      2.944, 2.960,
                      2.1033(a) and 2.1043.
3060-0059..........  FCC 740................  12/31/06.
3060-0061..........  FCC 325................  12/31/05.
3060-0062..........  FCC 330................  02/28/05.
3060-0065..........  FCC 442................  04/30/05.
3060-0066..........  FCC 330-R..............  06/30/06.
3060-0068..........  FCC 702................  05/31/05.
3060-0072..........  FCC 409................  10/31/05.
3060-0075..........  FCC 345................  10/31/05.
3060-0076..........  FCC 395................  02/28/06.
3060-0084..........  FCC 323-E..............  07/31/05.
3060-0093..........  FCC 405................  01/31/07.
3060-0095..........  FCC 395-A..............  Pending OMB approval.
3060-0105..........  FCC 430................  11/30/06.
3060-0106..........  Sec. 43.61.............  03/31/06.
3060-0110..........  FCC 303-S..............  12/31/06.
3060-0113..........  FCC 396................  12/31/06.
3060-0120..........  FCC 396-A..............  12/31/06.
3060-0126..........  Sec. 73.1820...........  10/31/05.
3060-0132..........  FCC 1068-A.............  03/31/07.

[[Page 560]]

 
3060-0139..........  FCC 854 and 854-R......  10/31/05.
3060-0147..........  Sec. 64.804............  02/28/06.
3060-0149..........  Part 63, Section 214,    05/31/05.
                      Secs. 63.01-63.601.
3060-0157..........  Sec. 73.99.............  05/31/06.
3060-0161..........  Sec. 73.61.............  06/30/06.
3060-0166..........  Part 42................  08/31/04.
3060-0168..........  Sec. 43.43.............  09/30/06.
3060-0169..........  Secs. 43.51 and 43.53..  06/30/05.
3060-0170..........  Sec. 73.1030...........  03/31/05.
3060-0171..........  Sec. 73.1125...........  10/31/04.
3060-0173..........  Sec. 73.1207...........  07/31/04.
3060-0174..........  Sec. 73.1212...........  09/30/05.
3060-0175..........  Sec. 73.1250...........  08/31/05.
3060-0176..........  Sec. 73.1510...........  04/30/06.
3060-0178..........  Sec. 73.1560...........  04/30/06.
3060-0179..........  Sec. 73.1590...........  07/31/04.
3060-0180..........  Sec. 73.1610...........  02/28/05.
3060-0181..........  Sec. 73.1615...........  04/30/06.
3060-0182..........  Sec. 73.1620...........  04/30/04.
3060-0184..........  Sec. 73.1740...........  12/31/04.
3060-0185..........  Sec. 73.3613...........  10/31/05.
3060-0187..........  Sec. 73.3594...........  Pending OMB approval.
3060-0188..........  FCC 380................  08/31/04.
3060-0190..........  Sec. 73.3544...........  Pending OMB approval.
3060-0192..........  Sec. 87.103............  04/30/04.
3060-0194..........  Sec. 74.21.............  11/30/04.
3060-0202..........  Sec. 87.37.............  10/31/06.
3060-0204..........  Sec. 90.20(a)(2)(v)....  07/31/05.
3060-0206..........  Part 21................  07/31/04.
3060-0207..........  Part 11................  01/31/06.
3060-0208..........  Sec. 73.1870...........  08/31/06.
3060-0211..........  Sec. 73.1943...........  09/30/04.
3060-0212..........  Sec. 73.2080...........  12/31/06.
3060-0213..........  Sec. 73.3525...........  Pending OMB approval.
3060-0214..........  Sec. 73.3526...........  12/31/05.
3060-0215..........  Sec. 73.3527...........  04/30/05.
3060-0216..........  Sec. 73.3538...........  01/30/05.
3060-0219..........  Sec. 90.20(a)(2)(xi)...  11/30/05.
3060-0221..........  Sec. 90.155............  11/30/04.
3060-0222..........  Sec. 97.213............  10/31/06.
3060-0223..........  Sec. 90.129............  07/31/05.
3060-0228..........  Sec. 80.59.............  07/31/04.
3060-0233..........  Part 36................  09/30/06.
3060-0236..........  Sec. 74.703............  06/30/05.
3060-0240..........  Equipment Changes......  05/31/06.
3060-0241..........  Temporary                04/30/06.
                      Authorizations.
3060-0242..........  Sec. 74.604............  02/28/06.
3060-0248..........  Sec. 74.751............  06/30/05.
3060-0249..........  Sec. 74.781............  10/31/06.
3060-0250..........  Sec. 74.784............  05/31/06.
3060-0259..........  Sec. 90.263............  10/31/06.
3060-0261..........  Sec. 90.215............  04/30/04.
3060-0262..........  Sec. 90.179............  01/31/05.
3060-0264..........  Sec. 80.413............  10/31/06.
3060-0265..........  Sec. 80.868............  07/31/04.
3060-0270..........  Sec. 90.443............  01/31/07.
3060-0281..........  Sec. 90.651............  05/31/04.
3060-0286..........  Sec. 80.302............  04/30/04.
3060-0287..........  Sec. 78.69.............  01/31/05.
3060-0288..........  Sec. 78.33.............  04/30/06.
3060-0289..........  Secs. 76.1705 and        05/31/05.
                      76.601.
3060-0290..........  Sec. 90.517............  05/31/05.
3060-0291..........  Sec. 90.477(a), (b)(2),  05/31/05.
                      and (d)(2).
3060-0292..........  Part 69................  01/31/07.
3060-0295..........  Secs. 90.607(b)(1) and   Pending OMB approval.
                      (c)(1).
3060-0297..........  Sec. 80.503............  10/31/06.
3060-0298..........  Part 61................  02/28/05.
3060-0307..........  Amendment of Part 90 of  10/31/06.
                      the Commission's Rules
                      to Facilitate Future
                      Development of SMR
                      Systems in the 800 MHz
                      Frequency Band.
3060-0308..........  Sec. 90.505............  04/30/04.
3060-0309..........  Sec. 74.1281...........  10/31/05.
3060-0310..........  FCC 322................  12/31/06.
3060-0311..........  Sec. 76.54.............  12/31/05.

[[Page 561]]

 
3060-0313..........  Sec. 76.1701...........  09/30/04.
3060-0315..........  Sec. 76.1615 and         12/31/05.
                      76.1715.
3060-0316..........  Sec. 76.1700...........  10/31/04.
3060-0320..........  Sec. 73.1350...........  04/30/04.
3060-0325..........  Sec. 80.605............  06/30/05.
3060-0329..........  Sec. 2.955.............  10/31/05.
3060-0331..........  FCC 321................  12/31/06.
3060-0332..........  Secs. 76.614 and         10/31/04.
                      76.1706.
3060-0340..........  Sec. 73.51.............  03/31/07.
3060-0341..........  Sec. 73.1680...........  12/31/06.
3060-0342..........  Sec. 74.1284...........  12/31/06.
3060-0346..........  Sec. 78.27.............  Pending OMB approval.
3060-0347..........  Sec. 97.311............  02/28/06.
3060-0349..........  Equal Employment         12/31/06.
                      Opportunity
                      Requirements.
3060-0355..........  FCC 492 and FCC 492A...  07/31/04.
3060-0357..........  Request for Designation  11/31/04.
                      as a Recognized
                      Private Operating
                      Agency.
3060-0360..........  Sec. 80.409(c).........  08/31/04.
3060-0364..........  Secs. 80.409(d) and (e)  08/31/04.
3060-0368..........  Sec. 97.523............  06/30/05.
3060-0370..........  Part 32................  10/31/05.
3060-0374..........  Sec. 73.1690...........  12/31/04.
3060-0384..........  Secs. 64.904 and 64.905  03/31/05.
3060-0386..........  Sec. 73.1635...........  07/31/05.
3060-0387..........  Sec 15.201(d)..........  03/31/06.
3060-0390..........  FCC 395-B..............  Pending OMB approval.
3060-0391..........  Program to Monitor the   02/28/05.
                      Impact of Universal
                      Service Support
                      Mechanisms, CC Docket
                      Nos. 98-202 and 96-45.
3060-0392..........  47 CFR Part 1, Subpart   01/31/07.
                      J, Pole Attachment
                      Complaint Procedures.
3060-0394..........  Sec. 1.420.............  10/31/05.
3060-0395..........  FCC Reports 43-02, FCC   Pending OMB approval.
                      43-05 and FCC 43-07.
3060-0397..........  Sec. 15.7(a)...........  12/31/06.
3060-0398..........  Secs. 2.948 and          04/30/06.
                      15.117(g)(2).
3060-0400..........  Tariff Review Plan.....  05/31/06.
3060-0404..........  FCC 350................  05/31/05.
3060-0405..........  FCC 349................  Pending OMB approval.
3060-0407..........  Sec. 73.3598...........  05/31/05.
3060-0410..........  FCC 495A and FCC 495B..  Pending OMB approval.
3060-0411..........  FCC 485................  06/30/04.
3060-0414..........  Terrain Shielding        Pending OMB approval.
                      Policy.
3060-0419..........  Secs. 76.94, 76.95,      05/31/05.
                      76.105, 76.106,
                      76.107, 76.109 and
                      76.1609.
3060-0422..........  Sec. 68.5..............  10/31/04.
3060-0423..........  Sec. 73.3588...........  10/31/05.
3060-0427..........  Sec. 73.3523...........  02/28/07.
3060-0430..........  Sec. 1.1206............  04/30/05.
3060-0433..........  FCC 320................  05/31/05.
3060-0434..........  Sec. 90.20(e)(6).......  05/31/05.
3060-0435..........  Sec. 80.361............  11/30/05.
3060-0436..........  Equipment                03/31/06.
                      Authorization,
                      Cordless Telephone
                      Security Coding.
3060-0439..........  Sec. 64.201............  Pending OMB approval.
3060-0441..........  Sec. 90.621(b)(4)......  10/31/06.
3060-0449..........  Sec. 1.65(c)...........  12/31/04.
3060-0452..........  Sec. 73.3589...........  10/31/05.
3060-0454..........  Regulation of            05/31/06.
                      International
                      Accounting Rates.
3060-0463..........  Telecommunications       06/30/06.
                      Relay Services and the
                      Americans with
                      Disabilities Act of
                      1990, 47 CFR Part 64,
                      Sec. 64.604(a)(3).
3060-0465..........  Sec. 74.985............  01/31/07.
3060-0466..........  Sec. 74.1283...........  05/31/06.
3060-0470..........  Secs. 64.901-64.903,     03/31/05.
                      Allocation of Cost,
                      Cost Allocation
                      Manual, RAO Letters 19
                      and 26.
3060-0473..........  Sec. 74.1251...........  02/28/06.
3060-0474..........  Sec. 74.1263...........  05/31/06.
3060-0483..........  Sec. 73.687............  12/31/06.
3060-0484..........  Sec. 63.100............  04/30/05.
3060-0489..........  Sec. 73.37.............  Pending OMB approval.
3060-0490..........  Sec. 74.902............  Pending OMB approval.
3060-0491..........  Sec. 74.991............  Pending OMB approval.
3060-0492..........  Sec. 74.992............  04/30/04.
3060-0493..........  Sec. 74.986............  04/30/04.
3060-0494..........  Sec. 74.990............  04/30/04.
3060-0496..........  FCC Report 43-08.......  03/31/07.
3060-0500..........  Sec. 76.1713...........  09/30/04.
3060-0501..........  Secs. 76.206...........  09/30/04.
3060-0502..........  Sec. 73.1942...........  09/30/04.

[[Page 562]]

 
3060-0506..........  FCC 302-FM.............  06/30/06.
3060-0508..........  Rewrite of Part 22.....  08/31/04.
3060-0511..........  FCC Report 43-04.......  Pending OMB approval.
3060-0512..........  FCC Report 43-01.......  Pending OMB approval.
3060-0513..........  FCC Report 43-03.......  03/31/07.
3060-0514..........  Sec. 43.21(b)..........  05/31/06.
3060-0515..........  Sec. 43.21(c)..........  10/31/05.
3060-0519..........  Rules and Regulations    09/30/06.
                      Implementing the
                      Telephone Consumer
                      Protection Act of
                      1991, CG Docket No. 02-
                      278.
3060-0526..........  Density Pricing Zone     10/31/05.
                      Plans, Expanded
                      Interconnection with
                      Local Telephone
                      Company Facilities, CC
                      Docket No. 91-141.
3060-0531..........  Local Multipoint         01/31/07.
                      Distribution Service
                      (LMDS).
3060-0532..........  Secs. 2.1033(b)(10) and  12/31/05.
                      15.121.
3060-0537..........  Sec. 13.217............  05/31/05.
3060-0540..........  Tariff Filing            09/30/05.
                      Requirements For
                      Nondominant Common
                      Carriers.
3060-0543..........  Sec. 21.913............  11/30/05.
3060-0544..........  Sec. 76.701............  Pending OMB approval.
3060-0546..........  Definition of Markets    04/30/06.
                      for Purposes of the
                      Cable Television
                      Mandatory Television
                      Broadcast Signal
                      Carriage Rules.
3060-0548..........  Secs. 76.1708, 76.1709,  05/31/05.
                      76.1620, 76.56, and
                      76.1614.
3060-0550..........  FCC 328................  01/31/06.
3060-0551..........  Secs. 76.1002 and        03/31/07.
                      76.1004.
3050-0554..........  Sec. 87.199............  06/30/05.
3060-0556..........  Sec. 80.1061...........  07/31/05.
3060-0560..........  Sec. 76.911............  09/30/04.
3060-0561..........  Sec. 76.913............  01/31/07.
3060-0562..........  Sec. 76.916............  07/31/04.
3060-0564..........  Sec. 76.924............  04/30/06.
3060-0567..........  Sec. 76.962............  03/31/05.
3060-0568..........  Commercial Leased        10/31/06.
                      Access Rates, Terms, &
                      Conditions.
3060-0569..........  Sec. 76.975............  10/31/06.
3060-0570..........  Sec. 76.982............  07/31/04.
3060-0572..........  Filing Manual for        10/31/05.
                      Annual International
                      Circuit Status Reports.
3060-0573..........  FCC 394................  06/30/06.
3060-0580..........  Sec. 76.504 and 76.1710  12/31/06.
3060-0581..........  Sec. 76.503............  11/30/06.
3060-0584..........  FCC 44 and FCC 45......  01/31/06.
3060-0589..........  FCC 159 and FCC 159-C..  06/30/06.
3060-0594..........  FCC 1220...............  06/30/04.
3060-0595..........  FCC 1210...............  09/30/04.
3060-0599..........  Implementation of        01/31/07.
                      Sections 3(n) and 332
                      of the Communications
                      Act.
3060-0600..........  FCC 175................  04/30/04.
3060-0601..........  FCC 1200...............  06/30/04.
3060-0602..........  Sec. 76.917............  06/30/06.
3060-0607..........  Sec. 76.922............  01/31/07.
3060-0609..........  Sec. 76.934(e).........  07/31/04.
3060-0610..........  Sec. 76.1606...........  07/31/04.
3060-0611..........  Sec. 74.783............  12/31/06.
3060-0613..........  Expanded                 07/31/06.
                      Interconnection with
                      Local Telephone
                      Company Facilities, CC
                      Docket No. 91-141,
                      Transport Phase II.
3060-0621..........  Rules and Requirements   04/30/04.
                      for C & F Block
                      Broadband PCS Licenses.
3060-0624..........  Sec. 24.103(f).........  04/30/04.
3060-0625..........  Amendment of the         Pending OMB approval.
                      Commission's Rules to
                      Establish New Personal
                      Communications
                      Services under Part 24.
3060-0626..........  Regulatory Treatment of  08/31/04.
                      Mobile Services.
3060-0627..........  FCC 302-AM.............  06/30/06.
3060-0629..........  Sec. 76.1605...........  07/31/04.
3060-0633..........  Secs. 73.1230, 74.165,   08/31/04.
                      74.432, 74.564,
                      74.664, 74.765,
                      74.832, 74.965 and
                      74.1265.
3060-0634..........  Sec. 73.691............  04/30/04.
3060-0636..........  Equipment                03/31/06.
                      Authorization--Declara
                      tion of Compliance--
                      Parts 2 and 15.
3060-0638..........  Sec. 76.934(g).........  05/31/05.
3060-0644..........  FCC 1230...............  05/31/05.
3060-0645..........  Sec. 17.4..............  09/30/05.
3060-0647..........  Annual Survey of Cable   11/30/06.
                      Industry Prices.
3060-0648..........  Sec. 21.902............  02/28/06.
3060-0649..........  Secs. 76.1601, 76.1607,  02/28/05.
                      76.1617, and 76.1708.
3060-0652..........  Secs. 76.309, 76.1602,   12/31/04.
                      76.1603, and 76.1619.
3060-0653..........  Secs. 64.703(b) and (c)  02/28/05.
3060-0654..........  FCC 304................  10/31/04.
3060-0655..........  Request for Waivers of   09/30/04.
                      Regulatory and
                      Application Fees
                      Predicated on
                      Allegations of
                      Financial Hardship.
3060-0656..........  FCC 175-M..............  12/31/04.

[[Page 563]]

 
3060-0657..........  Sec. 21.956............  09/30/04.
3060-0658..........  Sec. 21.960............  12/31/04.
3060-0660..........  Sec. 21.937............  09/30/04.
3060-0661..........  Sec. 21.931............  10/31/04.
3060-0662..........  Sec. 21.930............  09/30/04.
3060-0663..........  Sec. 21.934............  11/30/05.
3060-0664..........  FCC 304-A..............  10/31/04.
3060-0665..........  Sec. 64.707............  12/31/04.
3060-0667..........  Secs. 76.630, 76.1621,   12/31/04.
                      and 76.1622.
3060-0668..........  Sec. 76.936............  03/31/05.
3060-0669..........  Sec. 76.946............  06/30/05.
3060-0673..........  Sec. 76.956............  03/31/05.
3060-0674..........  Sec. 76.1618...........  09/30/05.
3060-0678..........  FCC 312, FCC 312-EZ,     12/31/06.
                      FCC 312-R, and FCC 312
                      Schedules.
3060-0681..........  Toll-Free Service        12/31/06.
                      Access Codes, Part 52,
                      Subpart D, Secs.
                      52.101-52.111.
3060-0684..........  Amendment to the         Pending OMB approval.
                      Commission's Rules
                      Regarding a Plan for
                      Sharing the Costs of
                      Microwave Relocation,
                      WT Docket No. 95-157.
3060-0685..........  FCC 1240...............  08/31/04.
3060-0686..........  Streamlining the         Pending OMB approval.
                      International Section
                      214 Authorization
                      Process and Tariff
                      Requirements.
3060-0687..........  Access to                10/31/05.
                      Telecommunications
                      Equipment and Services
                      by Persons with
                      Disabilities, CC
                      Docket No. 87-124.
3060-0688..........  FCC 1235...............  12/31/04.
3060-0690..........  Rules Regarding the      02/28/06.
                      37.0-38.6 GHz and 38.6-
                      40.0 GHz Bands.
3060-0691..........  Amendment of Parts 2     04/30/04.
                      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
                      Radio Service.
3060-0692..........  Home Wiring Provisions.  Pending OMB approval.
3060-0695..........  Sec. 87.219............  07/31/05.
3060-0697..........  Parts 22 and 90 to       Pending OMB approval.
                      Facilitate Future
                      Development of Paging
                      Systems.
3060-0698..........  Amendment of the         05/31/04.
                      Commission's Rules to
                      Establish a Radio
                      Astronomy Coordination
                      Zone in Puerto Rico,
                      ET Docket No. 96-2.
3060-0700..........  FCC 1275...............  Pending OMB approval.
3060-0702..........  Amendment to Parts 20    Pending OMB approval.
                      and 24 of the
                      Commission's Rules,
                      Broadband PCS
                      Competitive Bidding
                      and the Commercial
                      Mobile Radio Service
                      Spectrum Cap.
3060-0703..........  FCC 1205...............  04/30/06.
3060-0704..........  Policy and Rules         12/31/05.
                      Concerning the
                      Interstate,
                      Interexchange
                      Marketplace;
                      Implementation of
                      Section 254(g) of the
                      Communications Act of
                      1934, as amended, CC
                      Docket No. 96-6.
3060-0706..........  Cable Act Reform.......  10/31/05.
3060-0707..........  Over-the-Air Reception   09/30/05.
                      Devices (OTARD).
3060-0710..........  Policy and Rules         10/31/06.
                      Concerning the
                      Implementation of the
                      Local Competition
                      Provisions in the
                      Telecommunications Act
                      of 1996--CC Docket
                      No.96-98.
3060-0711..........  Implementation of        12/31/06.
                      Section 34(a)(1) of
                      the Public Utility
                      Holding Company Act of
                      1935, as amended by
                      the Telecommunications
                      Act of 1996, Secs.
                      1.5001 through 1.5007.
3060-0713..........  Alternative Broadcast    09/30/05.
                      Inspection Program
                      (ABIP) Compliance
                      Notification.
3060-0715..........  Telecommunications       02/28/06.
                      Carriers' Use of
                      Customer Proprietary
                      Network Information
                      (CPNI) and Other
                      Customer Information--
                      CC Docket No. 96-115.
3060-0716..........  Blanketing Interference  11/30/06.
3060-0717..........  Billed Party Preference  07/31/04.
                      for InterLATA 0+
                      Calls, Secs.
                      64.703(a), 64.709, and
                      64.710.
3060-0718..........  Part 101 Governing the   03/31/06.
                      Terrestrial Microwave
                      Radio Service.
3060-0719..........  Quarterly Report of      12/31/06.
                      IntraLATA Carriers
                      Listing Pay Phone
                      Automatic Number
                      Identifications (ANIs).
3060-0723..........  Public Disclosure of     12/31/06.
                      Network Information by
                      Bell Operating
                      Companies.
3060-0725..........  Quarterly Filing of      09/30/06.
                      Nondiscrimination
                      Reports (on Quality of
                      Service, Installation,
                      and Maintenance) by
                      Bell Operating
                      Companies (BOC's).
3060-0726..........  Quarterly Report of      09/30/06.
                      Interexchange Carriers
                      Listing the Number of
                      Dial-Around Calls for
                      Which Compensation is
                      Being Paid to Pay
                      Phone Owners.
3060-0727..........  Sec. 73.213............  Pending OMB approval.
3060-0734..........  Accounting Safeguards,   03/31/05.
                      47 U.S.C. Sections
                      260, 271-276, and 47
                      CFR Secs. 53.209,
                      53.211 and 53.213, SEC
                      Form 10-K.
3060-0736..........  Implementation of the    08/31/04.
                      Non-Accounting
                      Safeguards of Sections
                      271 and 272 of the
                      Communications Act of
                      1934, as amended--CC
                      Docket No. 96-149.
3060-0737..........  Disclosure Requirements  05/31/06.
                      for Information
                      Services Provided
                      Under a
                      Presubscription or
                      Comparable Arrangement.
3060-0740..........  Sec. 95.1015...........  01/31/06.
3060-0741..........  Implementation of the    04/30/04.
                      Local Competition
                      Provisions on the
                      Telecommunications Act
                      of 1996--CC Docket No.
                      96-98.
3060-0742..........  Telephone Number         08/31/05.
                      Portability, Part 52,
                      Subpart C, Secs. 52.21-
                      52.33.
3060-0743..........  Implementation of the    01/31/07.
                      Pay Telephone
                      Reclassification and
                      Compensation
                      Provisions of the
                      Telecommunications Act
                      of 1996--CC Docket No.
                      96-128.

[[Page 564]]

 
3060-0745..........  Implementation of the    12/31/06.
                      Local Exchange Carrier
                      Tariff Streamlining
                      Provisions of the
                      Telecommunications Act
                      of 1996, CC Docket No.
                      96-187.
3060-0748..........  Disclosure Requirements  11/30/06.
                      for Information
                      Services Provided
                      through Toll-Free
                      Numbers, Sec. 64.1504.
3060-0749..........  Sec. 64.1509...........  11/30/06.
3060-0750..........  Sec. 73.673............  07/31/06.
3060-0751..........  Reports Concerning       05/31/06.
                      International Private
                      Lines Interconnected
                      to the U.S. Public
                      Switched Network.
3060-0752..........  Billing Disclosure       11/30/06.
                      Requirements for Pay-
                      Per-Call and Other
                      Information Services,
                      Sec. 64.1510.
3060-0754..........  FCC 398................  06/30/04.
3060-0755..........  Infrastructure Sharing,  05/31/06.
                      Secs. 59.1-59.4.
3060-0756..........  Procedural Requirements  01/31/05.
                      and Policies for
                      Commission Processing
                      of Bell Operating
                      Company (BOC)
                      Applications for the
                      Provision of In-
                      Region, InterLATA
                      Services under Section
                      271 of the
                      Telecommunications Act
                      of 1996.
3060-0757..........  FCC Auctions Customer    01/31/07.
                      Survey.
3060-0758..........  Amendment of Part 5 of   12/31/06.
                      the Commission's Rules
                      to Revise the
                      Experimental Radio
                      Service Regulations,
                      ET Docket No. 92-256.
3060-0760..........  Access Charge Reform,    12/31/05.
                      CC Docket No. 96-262.
3060-0761..........  Closed Captioning of     Pending OMB approval.
                      Video Programming.
3060-0763..........  FCC Report 43-06.......  04/30/06.
3060-0765..........  Revision of Parts 22     Pending OMB approval.
                      and 90 of the
                      Commission's Rules to
                      Facilitate Future
                      Development of Paging
                      Systems.
3060-0767..........  Auction Forms and        11/30/06.
                      License Transfer
                      Disclosures--Supplemen
                      t for the 2nd R&O,
                      Order on
                      Reconsideration, and
                      5th NPRM in CC Docket
                      No. 92-297.
3060-0768..........  28 GHz Band              06/30/06.
                      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 Rules and
                      Policies for Local
                      Multipoint
                      Distribution Services
                      and for the Fixed
                      Satellite Service.
3060-0770..........  Price Cap Performance    12/31/05.
                      Review for Local
                      Exchange Carriers--CC
                      Docket No. 94-1 (New
                      Services).
3060-0771..........  Sec. 5.61, Procedure     Pending OMB approval.
                      for Obtaining a
                      Special Temporary
                      Authorization in the
                      Experimental Radio
                      Service.
3060-0773..........  Sec. 2.803, Marketing    12/31/06.
                      of RF Devices Prior to
                      Equipment
                      Authorization.
3060-0774..........  Federal-State Joint      06/30/04.
                      Board on Universal
                      Service--CC Docket No.
                      96-45, Secs. 36.611
                      and 36.612 and 47 CFR
                      Part 54.
3060-0775..........  Secs. 64.1901--64.1903.  12/31/06.
3060-0779..........  Amendment to Part 90 of  04/30/04.
                      the Commission's Rules
                      to Provide for Use of
                      the 220-222 MHz Band
                      by the Private Land
                      Mobile Radio Service,
                      PR Docket No. 89-552.
3060-0780..........  Uniform Rate-Setting     Pending OMB approval.
                      Methodology.
3060-0782..........  Petition for Limited     01/31/07.
                      Modification of LATA
                      Boundaries to Provide
                      Expanded Local Calling
                      Service (ELCS) at
                      Various Locations.
3060-0783..........  Sec. 90.176............  12/31/05.
3060-0786..........  Petitions for LATA       01/31/07.
                      Association Changes by
                      Independent Telephone
                      Companies.
3060-0787..........  Implementation of the    04/30/04.
                      Subscriber Carrier
                      Selection Changes
                      Provisions of the
                      Telecommunications Act
                      of 1996; Policies and
                      Rules Concerning
                      Unauthorized Changes
                      of Consumers Long
                      Distance, FCC 478.
3060-0788..........  DTV Showings/            09/30/04.
                      Interference
                      Agreements.
3060-0789..........  Modified Alternative     05/31/04.
                      Plan, CC Docket No. 90-
                      571.
3060-0790..........  Sec. 68.110(c).........  11/30/06.
3060-0791..........  Accounting for           11/30/06.
                      Judgments and Other
                      Costs Associated with
                      Litigation, CC Docket
                      No. 93-240.
3060-0793..........  Federal-State Joint      10/31/05.
                      Board on Universal
                      Service, CC Docket No.
                      96-45, Procedures for
                      Self-Certifying as a
                      Rural Carrier.
3060-0795..........  Associate WTB Call       07/31/05.
                      Signs and Antenna
                      Registration Numbers
                      with Licensee's FRN
                      and FCC 606.
3060-0798..........  FCC 601................  Pending OMB approval.
3060-0799..........  FCC 602................  03/31/05.
3060-0800..........  FCC 603................  04/30/05.
3060-0804..........  Health Care Providers    Pending OMB approval.
                      Universal Service
                      Program--FCC 465, FCC
                      466, FCC 466-A, and
                      FCC 467.
3060-0805..........  Secs. 90.523, 90.527,    02/28/05.
                      and 90.545.
3060-0806..........  Universal Service,       03/31/06.
                      Schools and Libraries
                      Program, FCC 470 and
                      471.
3060-0807..........  Sec. 51.803 and          04/30/04.
                      Supplemental
                      Procedures for
                      Petitions to Section
                      252(e)(5) of the
                      Communications Act of
                      1934, as amended.
3060-0809..........  Communications           08/31/06.
                      Assistance for Law
                      Enforcement Act
                      (CALEA).
3060-0810..........  Procedures for           05/31/06.
                      Designation of
                      Eligible
                      Telecommunications
                      Carriers Pursuant to
                      Section 214(e)(6) of
                      the Communications Act
                      of 1934, as amended.
3060-0812..........  Exemption from Payment   10/31/05.
                      of Regulatory Fees
                      When Claiming Non-
                      Profit Status.
3060-0813..........  Revision of the          06/30/05.
                      Commission's Rules to
                      Ensure Compatibility
                      with Enhanced 911
                      Calling Systems.

[[Page 565]]

 
3060-0814..........  Sec. 54.301............  03/31/05.
3060-0816..........  Local Competition and    01/31/07.
                      Broadband Reporting,
                      CC Docket No. 99-301,
                      FCC 477.
3060-0817..........  Computer III Further     09/30/06.
                      Remand Proceedings:
                      BOC Provision of
                      Enhanced Services (ONA
                      Requirements), CC
                      Docket No. 95-20.
3060-0819..........  Lifeline Assistance      12/31/06.
                      (Lifeline) Connection
                      Assistance (Link-Up)
                      Reporting Worksheet
                      and Instructions, 47
                      CFR 54.400-54.417, FCC
                      497.
3060-0823..........  Pay Telephone            02/28/05.
                      Reclassification,
                      Memorandum Opinion and
                      Order, CC Docket No.
                      96-128.
3060-0824..........  FCC 498................  07/31/06.
3060-0833..........  Implementation of        10/31/04.
                      Section 255 of the
                      Telecommunications Act
                      of 1996: Complaint
                      Filings/Designation of
                      Agents.
3060-0835..........  Ship Inspections, FCC    03/31/06.
                      806, FCC 824, FCC 827
                      and FCC 829.
3060-0837..........  FCC 302-DTV............  02/28/05.
3060-0841..........  Public Notice,           04/30/05.
                      Additional Processing
                      Guidelines for DTV
                      (nonchecklist
                      applications).
3060-0844..........  Carriage of the          09/30/04.
                      Transmissions of
                      Digital Television
                      Broadcast Stations.
3060-0848..........  Deployment of Wireline   03/31/06.
                      Services Offering
                      Advanced
                      Telecommunications
                      Capability--CC Docket
                      No. 98-147.
3060-0849..........  Commercial Availability  Pending OMB approval.
                      of Navigation Devices,
                      CS Docket No. 97-80.
3060-0850..........  FCC 605................  06/30/06.
3060-0851..........  FCC 305................  12/31/04.
3060-0852..........  FCC 306................  12/31/04.
3060-0853..........  FCC 479, FCC 486, and    01/31/07.
                      FCC 486-T.
3060-0854..........  Truth-in-Billing         Pending OMB approval.
                      Format, CC Docket No.
                      98-170.
3060-0855..........  FCC 499, FCC 499-A, and  Pending OMB approval.
                      FCC 499-Q.
3060-0856..........  FCC 472, FCC 473, and    01/31/07.
                      FCC 474.
3060-0859..........  Suggested Guidelines     06/30/06.
                      for Petitions for
                      Ruling under Section
                      253 of the
                      Communications Act.
3060-0862..........  Handling Confidential    06/30/05.
                      Information.
3060-0863..........  Satellite Delivery of    01/31/06.
                      Network Signals to
                      Unserved Households
                      for Purposes of the
                      Satellite Home Viewer
                      Act.
3060-0865..........  Wireless                 Pending OMB approval.
                      Telecommunications
                      Bureau Universal
                      Licensing System
                      Recordkeeping and
                      Third-Party Disclosure
                      Requirements.
3060-0874..........  FCC 475................  10/31/04.
3060-0876..........  USAC Board of Directors  06/30/06.
                      Nomination Process,
                      Sec. 54.703 and Review
                      of Administrator's
                      Decision, Secs. 54.719-
                      54.725.
3060-0881..........  Sec. 95.861............  07/31/05.
3060-0882..........  Sec. 95.833............  07/31/05.
3060-0886..........  Sec. 73.3534...........  05/31/05.
3060-0888..........  Part 76, Cable           10/31/05.
                      Television Service
                      Pleading and Complaint
                      Rules.
3060-0891..........  FCC 330-A..............  07/31/05.
3060-0893..........  Universal Licensing      02/28/07.
                      Service (ULS) Pre-
                      Auction Database
                      Corrections.
3060-0894..........  Certification Letter     05/31/06.
                      Accounting for Receipt
                      of Federal Support, CC
                      Docket Nos. 96-45 and
                      96-262.
3060-0895..........  Numbering Resource       Pending OMB approval.
                      Optimization, FCC 502.
3060-0896..........  Broadcast Auction Form   09/30/05.
                      Exhibits.
3060-0897..........  MDS and ITFS Two-Way     04/30/04.
                      Transmissions.
3060-0900..........  Compatibility of         12/31/05.
                      Wireless Services with
                      Enhanced 911--CC
                      Docket No. 94-102.
3060-0901..........  Reports of Common        06/30/06.
                      Carriers and
                      Affiliates.
3060-0905..........  Regulations for RF       11/30/05.
                      Lighting Devices,
                      Secs. 18.213 and
                      18.307, ET Docket No.
                      98-42.
3060-0906..........  FCC 317................  07/31/06.
3060-0910..........  Revision of the          05/31/06.
                      Commission's Rules to
                      Ensure Compatibility
                      with Enhanced 911
                      Emergency Calling
                      Systems, Third Report
                      and Order in CC Docket
                      No. 94-102.
3060-0912..........  Cable Attribution Rules  10/31/06.
3060-0914..........  Petition, Pursuant to    04/30/04.
                      Section 7 of the Act,
                      for a Waiver of the
                      Airborne Cellular
                      Rule, or in the
                      Alternative, for a
                      Declaratory Ruling.
3060-0916..........  Sec. 95.1402...........  04/30/06.
3060-0917..........  FCC 160................  10/31/06.
3060-0918..........  FCC 161................  10/31/06.
3060-0919..........  FCC 162................  10/31/06.
3060-0920..........  FCC 318................  03/31/05.
3060-0921..........  Petitions for LATA       10/31/06.
                      Boundary Modification
                      for the Deployment of
                      Advanced Services.
3060-0922..........  FCC 397................  11/30/06.
3060-0924..........  Creation of Low Power    11/30/06.
                      Radio Service, MM
                      Docket No. 99-25.
3060-0926..........  Transfer of the Bands    04/30/04.
                      from Federal
                      Government Use: NPRM.
3060-0927..........  Auditor's Annual         05/31/06.
                      Independence and
                      Objectivity
                      Certification.
3060-0928..........  FCC 302-CA.............  02/28/07.
3060-0929..........  FCC 331................  Pending OMB approval.

[[Page 566]]

 
3060-0930..........  Implementation of the    06/30/06.
                      Satellite Home Viewer
                      Improvement Act
                      (SHVIA) of 1999;
                      Enforcement Procedures
                      for Retransmission
                      Consent Violations
                      Conforming to Section
                      325(e) of the
                      Communications Act of
                      1934, as amended.
3060-0931..........  Maritime Mobile Service  06/30/06.
                      Identity (MMSI).
3060-0932..........  FCC 301-CA.............  02/28/07.
3060-0933..........  FCC 460................  11/30/06.
3060-0934..........  Secs. 2.925, 2.932,      02/28/05.
                      2.944, 2.960, 2.962,
                      2.1043, 68.160 and
                      68.162 and FCC 731-TC.
3060-0936..........  Sec. 95.1215,            09/30/06.
                      Disclosure
                      Policies;Sec. 95.1217,
                      Labeling Requirements.
3060-0937..........  Establishment of a       04/30/04.
                      Class A Television
                      Service, MM Docket No.
                      00-10.
3060-0938..........  FCC 319................  10/31/06.
3060-0939..........  E911 Second Memorandum   05/31/04.
                      Opinion and Order.
3060-0942..........  Access Charge Reform,    03/31/07.
                      Price Cap Performance
                      Review for Local
                      Exchange Carriers, Low-
                      Volume Long Distance
                      Users, Federal-State
                      Joint Board on
                      Universal Service.
3060-0943..........  Sec. 54.809............  12/31/06.
3060-0944..........  Review of Commission     02/28/05.
                      Consideration of
                      Applications Under the
                      Cable Landing License
                      Act.
3060-0945..........  Sec. 79.2..............  01/31/07.
3060-0947..........  Sec. 101.1327..........  02/28/07
3060-0948..........  Noncommercial            Pending OMB approval.
                      Educational Applicants.
3060-0949..........  FCC 159-W..............  10/31/06.
3060-0950..........  Extending Wireless       04/30/04.
                      Telecommunications
                      Services Tribal Lands,
                      WT Docket No. 99-266.
3060-0951..........  Service of Petitions     01/31/07.
                      for Preemption, 47 CFR
                      Sec. 1.1204(b) Note,
                      and Sec. 1.1206(a)
                      Note 1.
3060-0952..........  Proposed Demographic     01/31/07.
                      Information and
                      Notifications.
3060-0953..........  Wireless Medical         Pending OMB approval.
                      Telemetry Service, ET
                      Docket No. 99-255.
3060-0954..........  Implementation of the    07/31/05.
                      911 Act.
3060-0955..........  2 GHz Mobile Satellite   02/28/07.
                      Service Reports.
3060-0957..........  Wireless Enhanced 911    05/31/04.
                      Service, Fourth
                      Memorandum Opinion and
                      Order.
3060-0959..........  Compatibility Between    05/31/04.
                      Cable Systems and
                      Consumer Electronics
                      Equipment.
3060-0960..........  Application of Network   03/31/06.
                      Non-Duplication,
                      Syndicated
                      Exclusivity, and
                      Sports Blackout Rules
                      to Satellite
                      Retransmissions of
                      Broadcast Signals.
3060-0962..........  Redesignation of the 18  02/28/06.
                      GHz Frequency Band,
                      Blanket Licensing of
                      Satellite Earth
                      Stations in the Ka-
                      Band, and the
                      Allocation of
                      Additional Spectrum
                      for Broadcast
                      Satellite Service Use.
3060-0963..........  Sec. 101.527,            04/30/04.
                      Construction
                      Requirements for 24
                      GHz Operations; Sec.
                      101.529, Renewal
                      Expectancy Criteria
                      for 24 GHz Licensees.
3060-0966..........  Secs. 80.385, 80.475,    04/30/04.
                      and 97.303,
                      AutomatedMarine
                      Telecommunications
                      Service (AMTS).
3060-0967..........  Sec. 79.2..............  04/30/04.
3060-0968..........  FCC 501................  07/31/04.
3060-0970..........  Sec. 90.621(e)(2)......  06/30/04.
3060-0971..........  Numbering Resource       09/30/04.
                      Optimization.
3060-0972..........  Multi-Association Group  01/31/07.
                      (MAG) Plan for
                      Regulation of
                      Interstate Services of
                      Non-Price Cap
                      Incumbent Local
                      Exchange Carriers and
                      Interexchange Carriers.
3060-0973..........  Sec. 64.1120(e)........  11/30/04.
3060-0974..........  Proposed Requirements    04/30/04.
                      for Secondary Market
                      Transactions, CC
                      Docket No. 99-200.
3060-0975..........  Promotion of             05/31/04.
                      Competitive Networks
                      in Local
                      Telecommunications
                      Markets Multiple
                      Environments (47 CFR
                      Parts 1, 64 and 68).
3060-0977..........  Procedures for           06/30/04.
                      Reviewing Requests for
                      Relief from State and
                      Local Regulations
                      Pursuant to Section
                      332(c)(7)(B)(v) of the
                      Communications Act of
                      1934.
3060-0978..........  Compatibility with E911  06/30/04.
                      Emergency Calling
                      Systems; Fourth Report
                      and Order.
3060-0979..........  Spectrum Audit Letter..  06/30/06.
3060-0980..........  Implementation of the    06/30/04.
                      Satellite Home Viewer
                      Improvement Act
                      (SHVIA), Carriage
                      Consent Issues,
                      Retransmission Consent
                      Issues, CS Docket Nos.
                      00-96 and 99-363.
3060-0981..........  1998 Biennial Review:    06/30/04.
                      Streamlining of Cable
                      Television Services,
                      Part 76, Public File
                      and Notice
                      Requirements.
3060-0982..........  Implementation of Low    10/31/04.
                      Power Television
                      (LPTV) Digital Data
                      Services Pilot Project.
3060-0983..........  Standards for Co-        07/31/04.
                      Channel and Adjacent
                      Channel Interference
                      in the Land Mobile
                      Radio Service.
3060-0984..........  Secs. 90.35(b)(2) and    07/31/04.
                      90.175(b)(1).
3060-0985..........  Public Safety, State     07/31/04.
                      Interoperability
                      Channels.
3060-0986..........  Federal-State Joint      01/31/05.
                      Board on Universal
                      Service, Plan for
                      Reforming the Rural
                      Universal Support
                      Mechanism.
3060-0987..........  911 Callback             06/30/05.
                      Capability: Non-
                      initialized Phones.
3060-0989..........  Procedures for           11/30/05.
                      Applicants Requiring
                      Section 214
                      Authorization for
                      Domestic Interstate
                      Transmission Lines
                      Acquired Through
                      Corporate Control,
                      Secs. 63.01, 63.03 and
                      63.04.

[[Page 567]]

 
3060-0990..........  Proposed Alternatives    08/31/04.
                      for the Rural Task
                      Force's Proposal to
                      Freeze High-Cost Loop
                      Support Upon
                      Competitive Entry in
                      the Rural Carrier
                      Study Areas (FNPRM).
3060-0991..........  AM Measurement Data....  02/28/05.
3060-0992..........  Request for Extension    12/31/04.
                      of the Implementation
                      Deadline for Non-
                      Recurring Services, CC
                      Docket No. 96-45 and
                      Sec. 54.507(d)(1)-(4).
3060-0994..........  Flexibility for          01/31/07.
                      Delivery of
                      Communications by
                      Mobile Satellite
                      Service Providers in
                      the 2 GHz Band, the L-
                      Band, and the 1.6/2.4
                      GHz Band.
3060-0995..........  Amendment of Part 1 of   05/31/05.
                      the Commission's
                      Rules--Competitive
                      Bidding Procedures,
                      Sec. 1.2105(c)(1) of
                      the Commission's Anti-
                      Collusion Rules.
3060-0996..........  AM Auction Section       03/31/05.
                      307(b) Submissions.
3060-0997..........  Sec. 52.15(k)..........  05/31/05.
3060-0998..........  Sec. 87.109............  01/31/05.
3060-0999..........  Exemption of Public      01/31/05.
                      Mobile Service Phone
                      from the Hearing Aid
                      Compatibility Act:
                      NPRM.
3060-1000..........  Sec. 87.147............  01/31/05.
3060-1001..........  FCC 337................  05/31/05.
3060-1002..........  Cable Horizontal and     01/31/06.
                      Vertical Ownership
                      Information Collection.
3060-1003..........  Telecommunications       07/31/05.
                      Carrier Emergency
                      Contact Information.
3060-1004..........  Wireless                 01/31/07.
                      Telecommunications
                      Bureau Standardizes
                      Carrier Reporting on
                      Wireless E911
                      Implementation.
3060-1005..........  Numbering Resource       06/30/05.
                      Optimization--Phase 3.
3060-1006..........  Phase 3--Further Notice  05/31/05.
                      of Proposed Rulemaking
                      (FNPRM) in CC Docket
                      Nos. 00-199 and 97-
                      212, 2000 Biennial
                      Regulatory Review.
3060-1007..........  Streamlining and Other   01/31/07.
                      Revision of Part 25 of
                      the Commission's Rules.
3060-1008..........  Reallocation and         07/31/05.
                      Service Rules for the
                      698-746 MHz Band
                      (Television Channels
                      52-59).
3060-1009..........  Telecommunications       02/28/06.
                      Reporting Worksheet,
                      CC Docket No. 96-45,
                      Report and Order and
                      Second FNPRM.
3060-1010..........  Numbering Resource       05/31/05.
                      Optimization--Clarific
                      ation and Further
                      Notice.
3060-1011..........  Presubscribed            05/31/05.
                      Interexchange Carrier
                      (PIC)--Change Charges
                      NPRM, CC Docket No. 02-
                      53.
3060-1012..........  Schools and Libraries    06/30/05.
                      Universal Service
                      Support Mechanism, CC
                      Docket No. 02-6, NPRM,
                      Proposed ADA
                      Certification.
3060-1013..........  Mitigation of Orbital    06/30/05.
                      Debris.
3060-1014..........  Ku-Band NGSO FSS.......  08/31/06.
3060-1015..........  Ultra Wideband           01/31/06.
                      Transmission Systems
                      Operating Under Part
                      15.
3060-1021..........  Sec. 25.139............  11/30/05.
3060-1022..........  Sec. 101.1403..........  11/30/05.
3060-1023..........  Sec. 101.103...........  11/30/05.
3060-1024..........  Sec. 101.1413..........  11/30/05.
3060-1025..........  Sec. 101.1440..........  11/30/05.
3060-1026..........  Sec. 101.1417..........  11/30/05.
3060-1027..........  Sec. 27.602............  01/31/06.
3060-1028..........  International Signaling  01/31/06.
                      Point Code (ISPC).
3060-1029..........  Data Network             01/31/06.
                      Identification Code
                      (DNIC).
3060-1030..........  Service Rules for        01/31/06.
                      Advanced Wireless
                      Services (AWS) in the
                      1.7 GHz and 2.1 GHz
                      Bands.
3060-1031..........  Revision of the          08/31/06.
                      Commission's Rules to
                      Ensure Compatibility
                      with Enhanced 911
                      Emergency Calling
                      Systems--Petition of
                      City of Richardson,
                      TX; Order on
                      Reconsideration II.
3060-1032..........  Commercial Availability  03/31/07.
                      of Navigation Devices
                      and Compatibility
                      Between Cable Systems
                      and Consumer
                      Electronics Equipment,
                      FNPRM, CS Docket No.
                      97-80 and PP Docket
                      No. 00-67.
3060-1033..........  FCC 396-C..............  Pending OMB approval.
3060-1034..........  Digital Audio            Pending OMB approval.
                      Broadcasting Systems
                      and Their Impact on
                      the Terrestrial Radio
                      Broadcast Service.
3060-1035..........  FCC 309, 310 and 311...  05/31/06.
3060-1036..........  Potential Reporting      05/31/06.
                      Requirements on Local
                      Exchange Carriers to
                      Assist Expeditious
                      Implementation of
                      Wireless E911 Service.
3060-1038..........  Digital Television       02/28/07.
                      Transition Information
                      Questionnaires.
3060-1039..........  Nationwide Programmatic  02/28/07.
                      Agreement Regarding
                      the Section 106
                      National Historic
                      Preservation Act--
                      Review Process, WT
                      Docket No. 03-128.
3060-1040..........  Broadcast Ownership      Pending OMB approval.
                      Rules, Report and
                      Order in MB Docket No.
                      02-777 and MM Docket
                      Nos. 02-235, 02-237,
                      and 00-244.
3060-1041..........  Remedial Measures for    09/30/06.
                      Failure to Construct
                      Digital Television
                      Stations (DTV Policy
                      Statement).
3060-1042..........  Request for Technical    09/30/06.
                      Support.
3060-1043..........  Provision of Improved    09/30/06.
                      Telecommunications
                      Relay Services and
                      Speech-to-Speech
                      Services for
                      Individuals with
                      Hearing and Speech
                      Disabilities, CC
                      Docket No. 98-67.
3060-1044..........  Review of the Section    03/31/07.
                      251 Unbundling
                      Obligations of
                      Incumbent Local
                      Exchange Carriers, CC
                      Docket Nos. 01-338, 96-
                      98 and 98-147.

[[Page 568]]

 
3060-1045..........  FCC 324................  12/31/06.
3060-1046..........  Implementation of the    Pending OMB approval.
                      Pay Telephone
                      Reclassification and
                      Compensation
                      Provisions of the
                      Telecommunications Act
                      of 1996, CC Docket No.
                      96-128.
3060-1047..........  Telecommunications       01/31/07.
                      Relay Services and
                      Speech-to-Spech
                      Services for
                      Individuals with
                      Hearing and Speech
                      Disabilities, Second
                      Report and Order,
                      Order to
                      Reconsideration, CC
                      Docket No. 98-67.
3060-1048..........  Sec. 1.929(c)(1).......  01/31/07.
3060-1049..........  Digital Broadcast        05/31/04.
                      Content Protection, MB
                      Docket No. 02-230.
3060-1050..........  New Allocation for       06/30/04.
                      Amateur Radio Service,
                      ET Docket No. 02-98.
3060-1051..........  Certification Letter     01/31/07.
                      Accounting for Receipt
                      of Federal Support, CC
                      Docket Nos. 96-45 and
                      96-262, NPRM.
3060-1053..........  Telecommunications       02/28/07.
                      Relay Services, and
                      Speech-to-Speech
                      Services for
                      Individuals with
                      Hearing and Speech
                      Disabilities,
                      Declaratory Ruling, CC
                      Docket No. 98-67.
3060-1054..........  FCC 422-IB.............  02/28/07.
3060-1055..........  FCC 423-IB.............  02/28/07.
3060-1056..........  FCC 421-IB.............  02/28/07.
3060-1057..........  FCC 420-IB.............  02/28/07.
3060-1058..........  Promoting Efficient Use  07/31/04.
                      of Spectrum through
                      the Elimination of
                      Barriers to the
                      Development of
                      Secondary Markets, WT
                      Docket No. 00-230.
3060-1059..........  Revision of the          03/31/07.
                      Commission's Rules to
                      Ensure Compatibility
                      with Enhanced 911
                      Emergency Calling
                      Systems; Amendment of
                      Parts 2 and 25 to
                      Implement the Global
                      Mobile Personal
                      Communications by
                      Satellite (GMPCS),
                      Memorandum of
                      Understanding.
3060-1060..........  Wireless E911            07/31/04.
                      Coordination
                      Initiative Letter.
------------------------------------------------------------------------


[69 FR 15250, Mar. 25, 2004]

[[Page 569]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations that were 
made by documents published in the Federal Register since January 1, 
2001, 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, 2001, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, 1973-1985, 1986-2000'' published in 11 
separate volumes.

                                  2001

47 CFR
                                                                   66 FR
                                                                    Page
Chapter I
20 Actions on petitions............................................22445
    Technical correction...........................................63093
20.9 (a)(6) through (9) revised....................................10968
20.15 (c) and (d) revised..........................................16879
20.18 (j) revised (OMB number pending).............................55623
    OMB number.....................................................59719
20.20 Amended......................................................10968
21.20 (b)(9) and (10) amended; (b)(11) added; eff. 12-3-01.........47896
21.912 Notes 1 and 2 amended........................................9971
22 Actions on petitions............................................15041
    Compliance date extended.......................................50841
24 Actions on petitions.............................................9773
    Compliance date extended.......................................50841
24.129 Revised.....................................................29920
24.130 Removed.....................................................29920
24.133 (a) introductory text revised...............................10968
25.115 (c) existing text redesignated as (c)(1); (c)(2) added......31559
25.120 (a) amended..................................................9973
25.134 Heading revised; (a) existing text redesignated as (a)(1); 
        new (a)(1) heading, (2) and (b) heading added..............31560
25.138 (a)(6) revised..............................................63515
25.145 (h) revised;(i) removed.....................................63515
25.146 Added.......................................................10619
25.201 Amended.....................................................10621
25.202 (a)(1) revised..............................................10622
    (a)(1) table amended...........................................63515
25.203 (b), (c) and (d) revised....................................10622
25.204 (f) revised.................................................10623
25.208 (b) revised; (g) through (m) added..........................10623
    (c) revised; (d) removed; (e) and (f) redesignated as (d) and 
(e)................................................................63515
25.209 (a) introductory text revised; (h) added....................10630
25.212 Heading revised.............................................10630
25.251 Revised.....................................................10630
25.271 (e) added...................................................10631
27 Actions on petitions.............................................9035
    Authority revised..............................................10377
27.501 Undesignated text designated as (a); (b) added..............10377
    (b) introductory text correctly added..........................21287
36.3 Added (OMB number pending)....................................33204
    OMB number.....................................................35107
36.123 (a)(5) and (6) added........................................33205
36.124 (c) and (d) added...........................................33205
36.125 (h), (i) and (j) added......................................33205
36.126 (b)(5), (c)(4), (e)(4), (f)(1)(ii) and (2) added............33205
36.141 (c) added...................................................33206
36.142 (c) added...................................................33206
36.152 (d) added...................................................33206
36.154 (g) added...................................................33206
36.155 (b) added...................................................33206
36.156 (c) added...................................................33206
36.157 (b) added...................................................33206
36.191 (d) added...................................................33206
36.212 (c) amended.................................................33206
36.214 (a) amended.................................................33206
36.372 Amended.....................................................33207
36.374 (b) revised; (c) and (d) added..............................33207

[[Page 570]]

36.375 (b)(5) and (6) added........................................33207
36.377 (a) introductory text revised; (a)(1)(ix), (2)(vii), 
        (3)(vii), (4)(vii), (5)(vii), (6)(vii), (7)(i) and (ii) 
        added......................................................33207
36.378 (b)(1) added................................................33208
36.379 (b)(1) and (2) added........................................33208
36.380 (d) and (e) added...........................................33208
36.381 (c) and (d) added...........................................33208
36.382 Revised.....................................................33208
36.601 (c) amended.................................................30085
36.602 Added.......................................................30085
36.603 Added.......................................................30085
36.604 Added.......................................................30085
36.605 Added (OMB number pending)..................................30085
    OMB number.....................................................34581
    (c)(3)(ii) corrected...........................................65856
36.611 Introductory text revised (OMB number pending)..............30086
    OMB number.....................................................34581
36.612 (a) introductory text revised...............................30086
36.621 (a)(4) introductory text and (ii) amended; (a)(4)(i), 
        (ii)(A), (B) and (C) revised; (a)(4)(ii)(D) added..........30086
36.622 (a) introductory text amended...............................30087

                                  2002

47 CFR
                                                                   67 FR
                                                                    Page
Chapter I
20 Actions on petitions.............................................1903
    Petition reconsideration.......................................46909
20.3 Amended........................................................1648
20.6 (a) and (e)(4)(i) revised; (f) added...........................1642
20.18 (b) revised...................................................1648
    (d)(2) revised; (l) added......................................36117
    Regulation at 67 FR 36112 stayed...............................63851
21.6 (c) revised...................................................13230
21.303 (a), (b) and (c) revised....................................13230
21.305 Amended.....................................................13224
21.912 (d) revised.................................................13224
21.924 (a) amended.................................................13225
21.950 Revised.....................................................45366
21.951 Removed.....................................................45366
21.952 Removed.....................................................45366
21.953 Removed.....................................................45366
21.954 Revised.....................................................45366
21.955 Removed.....................................................45366
21.956 (b)(3) revised..............................................45366
21.957 Revised.....................................................45366
21.958 Revised.....................................................45366
21.959 Removed.....................................................45366
21.960 (b)(5) revised; (d)(1), (2) and (g) removed.................45366
21.961 (b)(2), (c) and (d) removed; (b)(3) redesignated as (b)(2) 
                                                                   45366
22.99 Amended.......................................................9609
22.165 (e) revised.................................................77190
22.201 Revised.....................................................45366
22.203 Removed.....................................................45366
22.211 Removed.....................................................45366
22.213 Revised.....................................................45366
22.215 Removed.....................................................45366
22.217 Revised.....................................................45366
22.223 (b)(2), (4), (c), (d) and (e) removed; (b)(3) redesignated 
        as (b)(2); new (b)(2) revised..............................45367
22.225 Revised.....................................................45367
22.227 Revised.....................................................45367
22.228 Added.......................................................11434
    Revised........................................................45367
22.229 Added.......................................................11434
22.323 Removed.....................................................77191
22.367 (a)(4) removed; (d) revised.................................77191
22.377 (c) removed.................................................77191
22.757 (e) revised.................................................13225
22.901 Revised.....................................................77191
22.905 Revised.....................................................77191
22.911 (a) Note removed; (a)(2) introductory text revised...........9609
    (b)(1) and (3) amended.........................................77191
22.915 Removed.....................................................77191
22.917 Revised.....................................................77191
22.919 Removed.....................................................77192
22.921 Revised.....................................................77192
22.933 Removed.....................................................77192
22.937 Removed.....................................................77192
22.941 Removed.....................................................77192
22.942 (a) and (c) revised..........................................1642
    Corrected.......................................................4675
22.943 Revised.....................................................77192
22.945 Removed.....................................................77192
22.946 Revised......................................................9609
    (b) and (c) revised............................................77192
22.947 Introductory text revised....................................9609
    (c) introductory text revised..................................13225
22.949 Introductory text revised....................................9610
22.950 Added........................................................9610
22.960 Revised.....................................................45367
22.961 Removed.....................................................45367
22.962 Removed.....................................................45367
22.963 Removed.....................................................45367
22.964 Removed.....................................................45367

[[Page 571]]

22.965 Removed.....................................................45367
22.966 Removed.....................................................45367
22.967 Removed.....................................................45367
22.969 Added.......................................................11434
22.1102 Amended....................................................22007
22.1103 (b) revised; (c) added.....................................22007
24.238 Revised.....................................................77192
24.301 Revised.....................................................45367
24.321 Revised.....................................................45367
24.701 Revised.....................................................45367
24.702 Removed.....................................................45367
24.704 Removed.....................................................45368
24.706 Removed.....................................................45368
24.708 Removed.....................................................45368
24.709 Revised.....................................................45368
24.711 Revised.....................................................45371
24.712 Revised.....................................................45371
24.714 (c) removed; (d), (e) and (f) redesignated as (c), (d) and 
        (e); new (c)(1), (2)(i), (iii), (3)(i) and (ii) revised....45371
24.716 Revised.....................................................45371
24.717 Revised.....................................................45372
24.720 Revised.....................................................45372
24.902 Amended.....................................................22007
24.903 (b) revised; (c) added......................................22007
25 Policy statement.................................................7287
    Terminations...................................................39307
25.109 (b) removed; (c) redesignated as (b)........................51113
25.111 (c) added...................................................51113
25.114 (c)(13) and (14) revised; (c)(22) added.....................51113
    (c)(22) added..................................................53510
25.115 (f) added...................................................53510
25.121 (a), (b) and (d)(2) revised.................................12485
    (a) revised....................................................51113
25.131 (h) revised.................................................12485
25.136 (a) revised.................................................46604
    Heading and introductory text revised; (d) and (e) added.......51110
25.139 Added (OMB number pending)..................................43037
25.143 Heading revised.............................................46604
25.145 (d)(1), (2) and ()f) revised................................39310
25.146 (g) through (m) added.......................................53510
25.147 Added.......................................................17299
25.148 Added.......................................................51113
25.200 Removed.....................................................61816
25.201 Amended.....................................................51114
25.202 (a)(1) table corrected......................................39862
    (a)(1) Footnote 9 revised; (a)(7) added........................51114
    (a)(1) table amended...........................................17299
25.208 (n) added...................................................43037
    (d) correctly removed; (e) and (f) redesignated as (d) and 
(e); (c) and new (d) revised.......................................46911
25.213 (b) removed.................................................61816
25.215 Added................................................17299, 51114
25.216 Added.......................................................61816
25.258 Revised.....................................................37336
25.401 Revised.....................................................45373
25.402 Removed.....................................................45373
25.404 revised.....................................................45473
25.405 Removed.....................................................45373
25.406 Removed.....................................................45373
25.601 Revised.....................................................51114
25.701 (Subpart J) added...........................................51114
26 Removed.........................................................17013
    Regulation at 67 FR 17013 eff. date delayed....................20914
27 Actions on petitions............................................12483
    Petition reconsideration.......................................45380
27.1 (b)(3) added...................................................5510
    (b)(4) through (7) added.......................................41854
27.3 (n) redesignated as (p); new (n) and (o) added.................5510
27.4 Amended.......................................................41854
27.5 (c) added......................................................5510
    (d) through (g) added..........................................41854
27.6 (c) added......................................................5510
    (a) introductory text revised..................................13225
    (d) through (g) added..........................................41854
27.10 (a), (b) and (c)(1)(ii) revised...............................5510
    Introductory text revised......................................41854
27.11 (d) added.....................................................5511
    (e) through (h) added..........................................41854
27.12 Revised......................................................41854
27.13 (b) revised...................................................5511
    (c) through (f) added..........................................41855
27.15 (c) removed; (d) and (e) redesignated as (c) and (d).........45373
27.50 (c) redesignated as (d); new (c) added; Table 1 heading 
        revised; OMB number pending.................................5511
    (d) redesignated as (g); new (d), (e) and (f) added............41855
27.53 (f) redesignated as (g); new (f) added........................5511
    (h) through (k) added..........................................41855
27.55 Revised.......................................................5511
    (a)(3) added...................................................41855
27.57 Existing text designated as (a); new (b) added................5511
27.60 Introductory text, (a)(1) and (b) revised.....................5511
27.201 Revised.....................................................45373
27.202 Removed.....................................................45373
27.203 Removed.....................................................45373

[[Page 572]]

27.204 Removed.....................................................45373
27.205 Removed.....................................................45373
27.206 Removed.....................................................45373
27.208 Removed.....................................................45373
27.209 (d) removed.................................................45373
27.210 Revised.....................................................45373
27.303 Added.......................................................49245
27.501 (a) revised.................................................45374
27.502 Revised.....................................................45374
27.701--27.702 (Subpart H) Added....................................5512
27.801--27.807 (Subpart I) Added...................................41855
27.901--27.906 (Subpart J) Added...................................41856
27.1001--27.1006 (Subpart K) Added.................................41857
32 Meetings........................................................66069
32.11 Revised.......................................................5679
    Regulation at 67 FR 5679 eff. date delayed to 1-1-03...........20052
32.13 (a)(1) removed; (a)(2) and (3) redesignated as (a)(1) and 
        (2).........................................................5679
    Regulation at 67 FR 5679 eff. date delayed to 1-1-03...........20052
32.14 (e) revised...................................................5679
    Regulation at 67 FR 5679 eff. date delayed to 1-1-03...........20052
32.16 (a) revised...................................................5679
    Regulation at 67 FR 5679 eff. date delayed to 1-1-03...........20052
32.17 Revised......................................................13225
32.19 Amended......................................................13225
32.24 (b) revised...................................................5679
    Regulation at 67 FR 5679 eff. date delayed to 1-1-03...........20052
32.27 Revised.......................................................5679
    (a) amended....................................................13225
    Regulation at 67 FR 5679 eff. date delayed to 1-1-03...........20052
32.101 Revised......................................................5680
    Regulation at 67 FR 5680 eff. date delayed to 1-1-03...........20052
32.103 Revised......................................................5680
    Regulation at 67 FR 5680 eff. date delayed to 1-1-03...........20052
32.1120 Revised.....................................................5681
    Regulation at 67 FR 5681 eff. date delayed to 1-1-03...........20052
32.1130 Removed.....................................................5681
    Regulation at 67 FR 5681 eff. date delayed to 1-1-03...........20052
32.1140 Removed.....................................................5681
    Regulation at 67 FR 5681 eff. date delayed to 1-1-03...........20052
32.1150 Removed.....................................................5681
    Regulation at 67 FR 5681 eff. date delayed to 1-1-03...........20052
32.1160 Removed.....................................................5681
    Regulation at 67 FR 5681 eff. date delayed to 1-1-03...........20052
32.1170 Added.......................................................5681
    Regulation at 67 FR 5681 eff. date delayed to 1-1-03...........20052
32.1171 Added.......................................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1180 Removed.....................................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1181 Removed.....................................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1190 Removed.....................................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1200 Removed.....................................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1201 Removed.....................................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1210 Removed.....................................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1220 (g) and (h) revised.........................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1280 Revised.....................................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1290 Removed.....................................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1300 Removed.....................................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1310 Removed.....................................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1320 Removed.....................................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1330 Removed.....................................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1350 Revised.....................................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1401 Removed.....................................................5682

[[Page 573]]

    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1402 Removed.....................................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1406 (b) removed; (a) undesignated...............................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1407 Removed.....................................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1408 Removed.....................................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1410 Revised.....................................................5682
    Regulation at 67 FR 5682 eff. date delayed to 1-1-03...........20052
32.1437 Removed.....................................................5683
    Regulation at 67 FR 5683 eff. date delayed to 1-1-03...........20052
32.1438 (a) revised.................................................5683
    Regulation at 67 FR 5683 eff. date delayed to 1-1-03...........20052
32.1439 Removed.....................................................5683
    Regulation at 67 FR 5683 eff. date delayed to 1-1-03...........20052
32.2000 (a)(2), (4), (b)(2)(i), (iii), (iv), (c)(2)(x), (xiii), 
        (d)(2)(i), (4), (5), (f)(3)(i), (g)(3), (5), (h)(3) and 
        (j) revised.................................................5683
    Regulation at 67 FR 5683 eff. date delayed to 1-1-03...........20052
32.2003 (c) revised.................................................5685
    Regulation at 67 FR 5685 eff. date delayed to 1-1-03...........20052
32.2005 (b) revised.................................................5685
    Regulation at 67 FR 5685 eff. date delayed to 1-1-03...........20052
32.2007 (a) revised.................................................5686
    Regulation at 67 FR 5686 eff. date delayed to 1-1-03...........20052
32.2111 (f) and (g) revised.........................................5686
    Regulation at 67 FR 5686 eff. date delayed to 1-1-03...........20052
32.2123 (b) removed; (a) undesignated...............................5686
    Regulation at 67 FR 5686 eff. date delayed to 1-1-03...........20052
32.2210 Revised.....................................................5686
    Regulation at 67 FR 5686 eff. date delayed to 1-1-03...........20052
32.2211 Heading and (a) revised.....................................5686
    Regulation at 67 FR 5686 eff. date delayed to 1-1-03...........20052
32.2212 (a) revised; (b) redesignated as (e); new (b), (c) and (d) 
        added.......................................................5686
    Regulation at 67 FR 5686 eff. date delayed to 1-1-03...........20052
32.2215 Removed.....................................................5686
    Regulation at 67 FR 5686 eff. date delayed to 1-1-03...........20052
32.2231 Revised.....................................................5686
    Regulation at 67 FR 5686 eff. date delayed to 1-1-03...........20052
32.2232 (a) and (b) revised; (b) and (c) redesignated as (e) and 
        (f); new (b), (c) and (d) added.............................5686
    Regulation at 67 FR 5686 eff. date delayed to 1-1-03...........20052
32.2311 (f) revised.................................................5687
    Regulation at 67 FR 5687 eff. date delayed to 1-1-03...........20052
32.2424 Heading and (a) introductory text revised...................5687
    Regulation at 67 FR 5687 eff. date delayed to 1-1-03...........20052
32.2425 Removed.....................................................5687
    Regulation at 67 FR 5687 eff. date delayed to 1-1-03...........20052
32.2682 (c) revised.................................................5687
    Regulation at 67 FR 5687 eff. date delayed to 1-1-03...........20052
32.2690 Revised.....................................................5687
    Regulation at 67 FR 5687 eff. date delayed to 1-1-03...........20052
32.3000 (a)(2) and (b) revised......................................5687
    Regulation at 67 FR 5687 eff. date delayed to 1-1-03...........20052
32.3100 (b) and (d) revised.........................................5687
    Regulation at 67 FR 5687 eff. date delayed to 1-1-03...........20052
32.3200 (b) revised.................................................5688
    Regulation at 67 FR 5688 eff. date delayed to 1-1-03...........20052
32.3300 (b) and (c) revised.........................................5688
    Regulation at 67 FR 5688 eff. date delayed to 1-1-03...........20052
32.3400 Removed.....................................................5688
    Regulation at 67 FR 5688 withdrawn.............................20052
32.3410 (b) and (c) revised.........................................5688
    Regulation at 67 FR 5688 eff. date delayed to 1-1-03...........20052
32.3420 Removed.....................................................5688
    Regulation at 67 FR 5688 eff. date delayed to 1-1-03...........20052
32.3500 Removed.....................................................5688
    Regulation at 67 FR 5688 eff. date delayed to 1-1-03...........20052

[[Page 574]]

32.3600 Removed.....................................................5688
    Regulation at 67 FR 5688 eff. date delayed to 1-1-03...........20052
32.3999 Redesignated from 32.4000; revised..........................5688
    Regulation at 67 FR 5688 eff. date delayed to 1-1-03...........20052
32.4000 Redesignated as 32.3999; new 32.4000 added..................5688
    Regulation at 67 FR 5688 eff. date delayed to 1-1-03...........20052
32.4010 Removed.....................................................5689
    Regulation at 67 FR 5689 eff. date delayed to 1-1-03...........20052
32.4020 Removed.....................................................5689
    Regulation at 67 FR 5689 eff. date delayed to 1-1-03...........20052
32.4030 Removed.....................................................5689
    Regulation at 67 FR 5689 eff. date delayed to 1-1-03...........20052
32.4040 Regulation at 67 FR 5689 eff. date delayed to 1-1-03.......20052
    (b) revised.....................................................5689
32.4050 Regulation at 67 FR 5689 eff. date delayed to 1-1-03.......20052
    Removed.........................................................5689
32.4060 Removed.....................................................5689
    Regulation at 67 FR 5689 eff. date delayed to 1-1-03...........20052
32.4070 Revised.....................................................5689
    Regulation at 67 FR 5689 eff. date delayed to 1-1-03...........20052
32.4080 Revised.....................................................5689
    Regulation at 67 FR 5689 eff. date delayed to 1-1-03...........20052
32.4110 (c) and (f) revised.........................................5689
    Regulation at 67 FR 5689 eff. date delayed to 1-1-03...........20052
32.4120 Removed.....................................................5689
    Regulation at 67 FR 5689 eff. date delayed to 1-1-03...........20052
32.4130 Revised.....................................................5689
    Regulation at 67 FR 5689 eff. date delayed to 1-1-03...........20052
32.4200 Added.......................................................5689
    Regulation at 67 FR 5689 eff. date delayed to 1-1-03...........20052
32.4210 Removed.....................................................5690
    Regulation at 67 FR 5690 eff. date delayed to 1-1-03...........20052
32.4220 Removed.....................................................5690
    Regulation at 67 FR 5690 eff. date delayed to 1-1-03...........20052
32.4230 Removed.....................................................5690
    Regulation at 67 FR 5690 eff. date delayed to 1-1-03...........20052
32.4240 Removed.....................................................5690
    Regulation at 67 FR 5690 eff. date delayed to 1-1-03...........20052
32.4250 Removed.....................................................5690
    Regulation at 67 FR 5690 eff. date delayed to 1-1-03...........20052
32.4260 Removed.....................................................5690
    Regulation at 67 FR 5690 eff. date delayed to 1-1-03...........20052
32.4270 Removed.....................................................5690
    Regulation at 67 FR 5690 eff. date delayed to 1-1-03...........20052
32.4300 Added.......................................................5690
    Regulation at 67 FR 5690 eff. date delayed to 1-1-03...........20052
32.4310 Removed.....................................................5690
    Regulation at 67 FR 5690 eff. date delayed to 1-1-03...........20052
32.4330 Revised.....................................................5690
    Regulation at 67 FR 5690 eff. date delayed to 1-1-03...........20052
32.4341 (a) and (b)(2) revised......................................5690
    Regulation at 67 FR 5690 eff. date delayed to 1-1-03...........20052
32.4350 (b) and (e) revised.........................................5690
    Regulation at 67 FR 5690 eff. date delayed to 1-1-03...........20052
32.4360 Removed.....................................................5690
    Regulation at 67 FR 5690 eff. date delayed to 1-1-03...........20052
32.4361 Revised.....................................................5690
    Regulation at 67 FR 5690 eff. date delayed to 1-1-03...........20052
32.4540 Revised.....................................................5690
    Regulation at 67 FR 5690 eff. date delayed to 1-1-03...........20052
32.4999 (c), (d), (e), (g)(2), (h), (i)(1) and (n) revised; (f)(2) 
        and (g)(3) removed; (f)(1) and (g)(4) redesignated as (f) 
        and (g)(3)..................................................5690
    Regulation at 67 FR 5690 eff. date delayed to 1-1-03...........20052
32.5000 Revised.....................................................5691
    Regulation at 67 FR 5691 eff. date delayed to 1-1-03...........20052
32.5001 Revised.....................................................5691
    Regulation at 67 FR 5691 eff. date delayed to 1-1-03...........20052
32.5004 Removed.....................................................5691
    Regulation at 67 FR 5691 eff. date delayed to 1-1-03...........20052
32.5040 Heading revised.............................................5691
    Regulation at 67 FR 5691 eff. date delayed to 1-1-03...........20052
32.5050 Removed.....................................................5691

[[Page 575]]

    Regulation at 67 FR 5691 eff. date delayed to 1-1-03...........20052
32.5060 Revised.....................................................5691
    Regulation at 67 FR 5691 eff. date delayed to 1-1-03...........20052
32.5069 Removed.....................................................5692
    Regulation at 67 FR 5692 eff. date delayed to 1-1-03...........20052
32.5080 Removed.....................................................5692
    Regulation at 67 FR 5692 eff. date delayed to 1-1-03...........20052
32.5081 Revised.....................................................5692
    Regulation at 67 FR 5692 eff. date delayed to 1-1-03...........20052
32.5082 Revised.....................................................5692
    Regulation at 67 FR 5692 eff. date delayed to 1-1-03...........20052
32.5083 Revised.....................................................5692
    Regulation at 67 FR 5692 eff. date delayed to 1-1-03...........20052
32.5084 Removed.....................................................5692
    Regulation at 67 FR 5692 eff. date delayed to 1-1-03...........20052
32.5100 Revised.....................................................5692
    Regulation at 67 FR 5692 eff. date delayed to 1-1-03...........20052
32.5110 Removed.....................................................5693
    Regulation at 67 FR 5693 eff. date delayed to 1-1-03...........20052
32.5111 Removed.....................................................5693
    Regulation at 67 FR 5693 eff. date delayed to 1-1-03...........20052
32.5112 Removed.....................................................5693
    Regulation at 67 FR 5693 eff. date delayed to 1-1-03...........20052
32.5120 Removed.....................................................5693
    Regulation at 67 FR 5693 eff. date delayed to 1-1-03...........20052
32.5121 Removed.....................................................5693
    Regulation at 67 FR 5693 eff. date delayed to 1-1-03...........20052
32.5122 Removed.....................................................5693
    Regulation at 67 FR 5693 eff. date delayed to 1-1-03...........20052
32.5123 Removed.....................................................5693
    Regulation at 67 FR 5693 eff. date delayed to 1-1-03...........20052
32.5124 Removed.....................................................5693
    Regulation at 67 FR 5693 eff. date delayed to 1-1-03...........20052
32.5125 Removed.....................................................5693
    Regulation at 67 FR 5693 eff. date delayed to 1-1-03...........20052
32.5126 Removed.....................................................5693
    Regulation at 67 FR 5693 eff. date delayed to 1-1-03...........20052
32.5128 Removed.....................................................5693
    Regulation at 67 FR 5693 eff. date delayed to 1-1-03...........20052
32.5129 Removed.....................................................5693
    Regulation at 67 FR 5693 eff. date delayed to 1-1-03...........20052
32.5160 Removed.....................................................5693
    Regulation at 67 FR 5693 eff. date delayed to 1-1-03...........20052
32.5169 Removed.....................................................5693
    Regulation at 67 FR 5693 eff. date delayed to 1-1-03...........20052
32.5200 Revised.....................................................5693
    Corrected.......................................................9221
    Regulation at 67 FR 5693 eff. date delayed to 1-1-03...........20052
    Regulation at 67 FR 5693 eff. date delayed.....................77432
32.5230 Removed.....................................................5694
    Regulation at 67 FR 5693 eff. date delayed to 1-1-03...........20052
32.5240 Removed.....................................................5694
    Regulation at 67 FR 5694 eff. date delayed to 1-1-03...........20052
32.5250 Removed.....................................................5694
    Regulation at 67 FR 5694 eff. date delayed to 1-1-03...........20052
32.5260 Removed.....................................................5694
    Regulation at 67 FR 5694 eff. date delayed to 1-1-03...........20052
32.5261 Removed.....................................................5694
    Regulation at 67 FR 5694 eff. date delayed to 1-1-03...........20052
32.5262 Removed.....................................................5694
    Regulation at 67 FR 5694 eff. date delayed to 1-1-03...........20052
32.5263 Removed.....................................................5694
    Regulation at 67 FR 5694 eff. date delayed to 1-1-03...........20052
32.5264 Removed.....................................................5694
    Regulation at 67 FR 5694 eff. date delayed to 1-1-03...........20052
32.5269 Removed.....................................................5694
    Regulation at 67 FR 5694 eff. date delayed to 1-1-03...........20052
32.5270 Removed.....................................................5694
    Regulation at 67 FR 5694 eff. date delayed to 1-1-03...........20052
32.5280 (c) revised.................................................5694
    Regulation at 67 FR 5694 eff. date delayed to 1-1-03...........20052
32.5300 Revised.....................................................5694
    Regulation at 67 FR 5694 eff. date delayed to 1-1-03...........20052
32.5301 Removed.....................................................5694

[[Page 576]]

    Regulation at 67 FR 5694 eff. date delayed to 1-1-03...........20052
32.5302 Removed.....................................................5694
    Regulation at 67 FR 5694 eff. date delayed to 1-1-03...........20052
32.5999 (a)(3) removed; (a)(4) redesignated as (a)(3); (b)(4), (c) 
        and (g) revised.............................................5694
    Regulation at 67 FR 5694 eff. date delayed to 1-1-03...........20052
32.6110 Revised.....................................................5695
    Regulation at 67 FR 5695 eff. date delayed to 1-1-03...........20052
32.6112 (b) revised.................................................5695
    Regulation at 67 FR 5695 eff. date delayed to 1-1-03...........20052
32.6113 (b) revised.................................................5695
    Regulation at 67 FR 5695 eff. date delayed to 1-1-03...........20052
32.6114 (b) revised.................................................5695
    Regulation at 67 FR 5695 eff. date delayed to 1-1-03...........20052
32.6120 Revised.....................................................5695
    Regulation at 67 FR 5695 eff. date delayed to 1-1-03...........20052
32.6124 Revised.....................................................5695
    Regulation at 67 FR 5695 eff. date delayed to 1-1-03...........20052
32.6210 Revised.....................................................5695
    Regulation at 67 FR 5695 eff. date delayed to 1-1-03...........20052
32.6211 Revised.....................................................5695
    Regulation at 67 FR 5695 eff. date delayed to 1-1-03...........20052
32.6212 Revised.....................................................5695
    Regulation at 67 FR 5695 eff. date delayed to 1-1-03...........20052
32.6215 Removed.....................................................5695
    Regulation at 67 FR 5695 eff. date delayed to 1-1-03...........20052
32.6230 Revised.....................................................5695
    Regulation at 67 FR 5695 eff. date delayed to 1-1-03...........20052
32.6231 (b) removed; (a) undesignated...............................5695
    Regulation at 67 FR 5695 eff. date delayed to 1-1-03...........20052
32.6232 Revised.....................................................5695
    Regulation at 67 FR 5695 eff. date delayed to 1-1-03...........20052
32.6310 Revised.....................................................5695
    Regulation at 67 FR 5695 eff. date delayed to 1-1-03...........20052
32.6410 Revised.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6424 Revised.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6425 Removed.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6510 Revised.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6512 Revised.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6530 Revised.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6560 Revised.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6561 Removed.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6562 Removed.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
    Regulation at 67 FR 5696 eff. date delayed.....................77432
32.6563 Removed.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6564 Removed.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6565 Removed.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6610 Revised.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6611 Regulation at 67 FR 5696 eff. date delayed to 1-1-03.......20052
    Revised.........................................................5696
32.6612 Removed.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6620 Revised.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
    Regulation at 67 FR 5696 eff. date delayed.....................77432
32.6621 Removed.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6623 Removed.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6710 Removed.....................................................5696

[[Page 577]]

    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6711 Removed.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6712 Removed.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6720 Revised.....................................................5696
    Regulation at 67 FR 5696 eff. date delayed to 1-1-03...........20052
32.6721 Removed.....................................................5697
    Regulation at 67 FR 5697 eff. date delayed to 1-1-03...........20052
32.6722 Removed.....................................................5697
    Regulation at 67 FR 5697 eff. date delayed to 1-1-03...........20052
32.6723 Removed.....................................................5697
    Regulation at 67 FR 5697 eff. date delayed to 1-1-03...........20052
32.6724 Removed.....................................................5697
    Regulation at 67 FR 5697 eff. date delayed to 1-1-03...........20052
32.6725 Removed.....................................................5697
    Regulation at 67 FR 5697 eff. date delayed to 1-1-03...........20052
32.6726 Removed.....................................................5697
    Regulation at 67 FR 5697 eff. date delayed to 1-1-03...........20052
32.6727 Removed.....................................................5697
    Regulation at 67 FR 5697 eff. date delayed to 1-1-03...........20052
32.6728 Removed.....................................................5697
    Regulation at 67 FR 5697 eff. date delayed to 1-1-03...........20052
32.6790 Revised.....................................................5697
    Regulation at 67 FR 5697 eff. date delayed to 1-1-03...........20052
32.6999 Revised.....................................................5697
    Regulation at 67 FR 5697 eff. date delayed to 1-1-03...........20052
32.7099 Removed.....................................................5698
    Regulation at 67 FR 5698 eff. date delayed to 1-1-03...........20052
32.7100 Revised.....................................................5698
    Regulation at 67 FR 5698 eff. date delayed to 1-1-03...........20052
32.7110 Removed.....................................................5698
    Regulation at 67 FR 5698 eff. date delayed to 1-1-03...........20052
32.7130 Removed.....................................................5698
    Regulation at 67 FR 5698 eff. date delayed to 1-1-03...........20052
32.7140 Removed.....................................................5698
    Regulation at 67 FR 5698 eff. date delayed to 1-1-03...........20052
32.7150 Removed.....................................................5698
    Regulation at 67 FR 5698 eff. date delayed to 1-1-03...........20052
32.7160 Removed.....................................................5698
    Regulation at 67 FR 5698 eff. date delayed to 1-1-03...........20052
32.7200 Revised.....................................................5698
    Regulation at 67 FR 5698 eff. date delayed to 1-1-03...........20052
32.7210 (b) revised.................................................5698
    Regulation at 67 FR 5698 eff. date delayed to 1-1-03...........20052
32.7240 (d), (e) and (g) revised....................................5698
    Regulation at 67 FR 5698 eff. date delayed to 1-1-03...........20052
32.7299 Removed.....................................................5698
    Regulation at 67 FR 5698 eff. date delayed to 1-1-03...........20052
32.7300 Revised.....................................................5698
    Regulation at 67 FR 5698 eff. date delayed to 1-1-03...........20052
32.7310 Removed.....................................................5699
    Regulation at 67 FR 5699 eff. date delayed to 1-1-03...........20052
32.7320 Removed.....................................................5699
    Regulation at 67 FR 5699 eff. date delayed to 1-1-03...........20052
32.7330 Removed.....................................................5699
    Regulation at 67 FR 5699 eff. date delayed to 1-1-03...........20052
32.7340 Removed.....................................................5699
    Regulation at 67 FR 5699 eff. date delayed to 1-1-03...........20052
32.7350 Removed.....................................................5699
    Regulation at 67 FR 5699 eff. date delayed to 1-1-03...........20052
32.7360 Removed.....................................................5699
    Regulation at 67 FR 5699 eff. date delayed to 1-1-03...........20052
32.7370 Removed.....................................................5699
    Regulation at 67 FR 5699 eff. date delayed to 1-1-03...........20052
32.7399 Removed.....................................................5699
    Regulation at 67 FR 5699 eff. date delayed to 1-1-03...........20052
32.7400 Revised.....................................................5699
    Regulation at 67 FR 5699 eff. date delayed to 1-1-03...........20052
32.7410 Removed.....................................................5699
    Regulation at 67 FR 5699 eff. date delayed to 1-1-03...........20052
32.7420 Removed.....................................................5699
    Regulation at 67 FR 5699 eff. date delayed to 1-1-03...........20052
32.7430 Removed.....................................................5699

[[Page 578]]

    Regulation at 67 FR 5699 eff. date delayed to 1-1-03...........20052
32.7440 Removed.....................................................5699
    Regulation at 67 FR 5699 eff. date delayed to 1-1-03...........20052
32.7450 Removed.....................................................5699
    Regulation at 67 FR 5699 eff. date delayed to 1-1-03...........20052
32.7499 Removed.....................................................5699
    Regulation at 67 FR 5699 eff. date delayed to 1-1-03...........20052
32.7500 Revised.....................................................5699
    Regulation at 67 FR 5699 eff. date delayed to 1-1-03...........20052
32.7510 Removed.....................................................5700
    Regulation at 67 FR 5700 eff. date delayed to 1-1-03...........20052
32.7520 Removed.....................................................5700
    Regulation at 67 FR 5700 eff. date delayed to 1-1-03...........20052
32.7530 Removed.....................................................5700
    Regulation at 67 FR 5700 eff. date delayed to 1-1-03...........20052
32.7540 Removed.....................................................5700
    Regulation at 67 FR 5700 eff. date delayed to 1-1-03...........20052
32.7599 Removed.....................................................5700
    Regulation at 67 FR 5700 eff. date delayed to 1-1-03...........20052
32.7600 Revised.....................................................5700
    Regulation at 67 FR 5700 eff. date delayed to 1-1-03...........20052
32.7610 Removed.....................................................5700
    Regulation at 67 FR 5700 eff. date delayed to 1-1-03...........20052
32.7620 Removed.....................................................5700
    Regulation at 67 FR 5700 eff. date delayed to 1-1-03...........20052
32.7630 Removed.....................................................5700
    Regulation at 67 FR 5700 eff. date delayed to 1-1-03...........20052
32.7640 Removed.....................................................5700
    Regulation at 67 FR 5700 eff. date delayed to 1-1-03...........20052
32.9000 Amended.....................................................5700
    Regulation at 67 FR 5700 eff. date delayed to 1-1-03...........20052
36.154 (a) amended.................................................17014
36.603 (a) revised.................................................44083

                                  2003

47 CFR
                                                                   68 FR
                                                                    Page
Chapter I
20 Comment request..................................................2252
    Policy statement...............................................70184
20.18 (j) revised; (j)(4) and (5) omb pending.......................2918
20.19 Added; eff. 11-17-03.........................................54175
21.50 Removed.......................................................3464
21.901 (e) revised.................................................16965
21.930 Suspended...................................................34547
    (d)(2)(i) revised..............................................42998
    Regulation at 68 FR 34547 reinstated...........................43002
21.954 Revised.....................................................42998
21.956 (b)(2) and (3) revised......................................42998
21.960 (a) through (f) redesignated as (b) through (g); new (a) 
        added......................................................42998
21.961 Removed.....................................................42998
22.217 Revised.....................................................42998
22.223 Revised.....................................................42998
22.225 (a) removed; (b) and (c) redesignated as (a) and (b); new 
        (b) revised................................................42998
22.229 (a)(4) and (5) removed; (b) revised.........................42998
22.911 (a)(2) revised..............................................42295
22.912 (a) and (b) revised.........................................42295
24.270 (c) and (d) correctly removed...............................57829
24.321 (a)(3) removed; (b) and (c) revised.........................42998
24.709 (c)(1)(ii)(B) removed; (c)(1)(ii)(C) through (F) 
        redesignated as (c)(1)(ii)(B) through (E); (b)(1)(v)(A)(3) 
        introductory text, (iv), (vi)(A)(3) introductory text, 
        (iv) introductory text new (c)(1)(ii)(C), (E)(1), (2) (3) 
        and (d) revised............................................42998
24.711 (a) amended.................................................42999
24.712 (a) and (b) revised.........................................42999
24.714 (c)(2)(iii) amended.........................................42999
24.716 (a) and (b) amended.........................................42999
24.717 Revised.....................................................42999
24.720 (e) through (j) and (j) note redesignated as (c) through 
        (h) and (h) note; (b) introductory text, (3), (4) and new 
        (g) revised................................................42999
25 Actions on petitions............................................32406
    Order..........................................................58629
25.103 (b) and (c)(2) revised (OMB number pending).................63997
    Regulation at 68 FR 63997 eff. 3-1-04..........................75146
25.111 (b) revised (OMB number pending)............................63997
    Regulation at 68 FR 63997 eff. 3-1-04..........................75146

[[Page 579]]

25.112 (a)(3) added; (b) introductory text revised.................51502
25.113 (g) revised.................................................51502
25.114 (c)(23) correctly added.....................................37772
    (b) revised; (c)(13) removed...................................51503
    Revised (OMB number pending)...................................63997
    Regulation at 68 FR 63997 eff. 3-1-04..........................75146
25.115 (e) revised.................................................16966
    (a) revised (OMB number pending)...............................63998
    Regulation at 68 FR 63998 eff. 3-1-04..........................75146
25.116 (b)(3) removed; (c) introductory text revised; (d) 
        redesignated as (e); (b)(5) and new (d) added..............51503
25.117 (f) added...................................................33649
    (f) revised....................................................47858
    (d) redesignated as (d)(1); (d)(2) added.......................51503
    (d)(1) revised; (d)(3) added (OMB number pending)..............62248
    (a) and (c) revised; (b) and (e) removed (OMB number pending) 
                                                                   63998
    Regulation at 68 FR 63998 eff. 3-1-04..........................75146
25.118 (c)(6) and (e) added; (d) revised (OMB number pending)......62248
    (a) and (b) revised; (c) and (d) removed (OMB number pending) 
                                                                   63999
    Regulation at 68 FR 63999 eff. 3-1-04..........................75146
25.119 (g) added...................................................51503
25.120 (b) revised.................................................51503
25.121 (e) revised.................................................51503
    (e) revised (OMB number pending)...............................63999
    Regulation at 68 FR 63999 eff. 3-1-04..........................75146
25.131 (b) and (j) revised (OMB number pending)....................62249
    (h) and (i) revised (OMB number pending).......................63999
    Regulation at 68 FR 63999 eff. 3-1-04..........................75146
25.136 Heading revised; (f), (g) and (h) added.....................43645
    (f), (g) and (h) revised.......................................47858
25.137 (b), (c) and (d) revised; (e), (f) and (g) added............51503
25.137 Regulation at 67 FR 51503 eff. date delayed in part.........59128
    (f) revised (OMB number pending)...............................62249
25.138 Section heading and (a) introductory text revised...........16966
25.139 (a) revised.................................................43945
25.140 (b) revised; (c) through (g) removed........................51504
25.141 (b) removed.................................................51504
    Removed (OMB number pending)...................................63999
    Regulation at 68 FR 63999 eff. 3-1-04..........................75146
25.142 (a)(1) revised; (a)(4) removed..............................51504
25.143 (i), (j) and (k) added......................................33649
    (i), (j) and (k) revised.......................................47858
    (b)(3) and (g) removed.........................................51504
25.144 (b) revised.................................................51504
25.145 (h) revised.................................................16966
    (d) removed....................................................51505
    (f) removed; (g) and (h) redesignated as new (f) and (g); 
(c)(3), (f)(1)(iv), (h) and (i) added..............................59129
25.146 (a)(1)(iii), (v), (a)(2)(iii), (v), (b)(1)(v), (b)(2), (c) 
        and (f) revised............................................16447
    Heading, (g), (h) and (i) revised..............................33649
    (g) through (m) redesignated as (h) through (n); new (g) added 
(OMB number pending)...............................................43946
    Regulation at 68 FR 33649 corrected............................43645
    (i) removed....................................................51505
25.149 Added (OMB number pending)..................................33649
    Revised........................................................47859
    Regulation at 68 FR 33649 confirmed (OMB numbers)..............49372
25.155 Revised.....................................................51505
25.156 (d) added...................................................51505
25.157 Added.......................................................51505
25.158 Added.......................................................51506
25.159 Added.......................................................51506
25.161 (a) revised.................................................51507
25.164 Added.......................................................51507
    Regulation at 67 FR 51507 eff. date delayed in part............59128
25.165 Added.......................................................51507
    Regulation at 67 FR 51507 eff. date delayed....................59128
25.201 amended.......................................11993, 33650, 34338
25.202 (a)(4)(ii) revised..........................................11993
    (a)(1) table revised...........................................16966

[[Page 580]]

    (a)(1) table amended...........................................34338
    (a)(3) revised; (a)(4)(iii) added..............................74387
25.208 (l) Table 1L and (m) Table 1M amended.......................16448
    (n) correctly designated as (o) and revised....................43946
25.210 (e) and (g) removed; (f) revised............................51508
25.217 Added.......................................................51508
25.252 Added (OMB number pending)..................................33651
    Regulation at 68 FR 33651 confirmed (OMB numbers)..............49372
25.253 Added (OMB number pending)..................................33651
    Regulation at 68 FR 33651 confirmed (OMB numbers)..............49372
25.254 Added (OMB number pending)..................................33653
    Regulation at 68 FR 33653 confirmed (OMB numbers)..............49372
25.255 Added (OMB number pending)..................................33653
25.258 (b) revised.................................................16967
25.261 Added.......................................................59129
25.501--25.531 (Subpart H) Removed (OMB number pending)............63999
    Regulation at 68 FR 63999 eff. 3-1-04..........................75146
27.4 Amended.......................................................66286
27.10 Undesignated introductory text revised.......................66286
27.12 Revised......................................................66286
27.50 Regulation at 67 FR 5511 confirmed...........................51706
27.210 (b) revised.................................................43000
27.501 Revised.....................................................43000
27.502 (c) removed.................................................43000
27.702 (a)(4) removed; (b) revised.................................43000
27.807 (a)(3) and (4) removed; (b) revised.........................43000
27.906 (a)(3) and (4) removed; (b) revised.........................43000
27.1006 (a)(3) and (4) removed; (b) revised........................43000
32 Order............................................................6351
32.5200 Regulation at 67 FR 5670 eff. date delayed to 1-1-04.......38641
    Regulation at 67 FR 5693 eff. date delayed.....................75455
32.6562 Regulation at 67 FR 5670 eff. date delayed to 1-1-04.......38641
    Regulation at 67 FR 5696 eff. date delayed.....................75455
32.6620 Regulation at 67 FR 5670 eff. date delayed to 1-1-04.......38641
    Regulation at 67 FR 5696 eff. date delayed.....................75455

                                  2004

  (Regulations published from January 1, 2004, through October 1, 2004)

47 CFR
                                                                   69 FR
                                                                    Page
Chapter I
20 Actions on petitions............................................30234
20.18 (l)(1)(i), (2) introductory text and (i) revised..............2519
    (a), (b) and (c) revised; (g)(1)(vi) and (m) added..............6581
22 Actions on petitions............................................17063
    Technical correction...........................................55516
24 Actions on petitions............................................17063
    Technical correction...........................................55516
25 Actions on petitions............................................21761
25.103 (g) added....................................................6582
25.110 Revised.....................................................29900
    Revised (OMB number pending)...................................47793
    Regulation at 69 FR 47793 confirmed............................55516
25.113 (g) introductory text revised; (h) added....................47794
25.114 (b) revised.................................................29901
    (b) revised (OMB number pending)...............................47794
    (d)(14) added (OMB number pending) added.......................54587
    Regulation at 69 FR 47794 confirmed............................55516
25.115 (a) revised.................................................29901
    (a) revised (OMB number pending)...............................47794
    Regulation at 69 FR 47794 confirmed............................55516
25.116 (e) revised (OMB number pending)............................47794
    Regulation at 69 FR 47794 confirmed............................55516
25.117 Regulation at 68 FR 62248 eff. 1-8-04........................3268
    Regulation at 68 FR 47858 confirmed (OMB numbers)..............18278
    (c) introductory text revised (OMB number pending).............47794
    Regulation at 69 FR 47794 confirmed............................55516

[[Page 581]]

25.118 Regulation at 68 FR 62248 eff. 1-8-04........................3268
    (a) introductory text and (e) introductory text revised; 
(e)(8) and (9) added (OMB number pending in part)..................47794
    Regulation at 69 FR 47794 confirmed............................55516
25.119 (a), (c) and (d) revised....................................29901
25.129 Added (OMB number pending)...................................5709
25.130 (a) revised.................................................29901
    (a) revised (OMB number pending)...............................47795
    Regulation at 69 FR 47795 confirmed............................55516
25.131 Regulation at 68 FR 62249 eff. 1-8-04........................3268
    (a) revised....................................................29901
    (a) revised (OMB number pending)...............................47795
    Regulation at 69 FR 47795 confirmed............................55516
25.132 (a) amended (OMB number pending).............................5710
25.135 (c) and (d) revised..........................................5710
25.136 Heading, (b) and (c) revised.................................5710
    Regulation at 68 FR 47858 confirmed (OMB numbers)..............18278
25.137 Regulation at 68 FR 62249 eff. 1-8-04........................3268
    (d) introductory text and (4) revised..........................51587
25.138 (f) amended..................................................5710
25.139 Regulation at 67 FR 43037 eff. 11-30-02.....................28062
25.143 Regulation at 68 FR 47858 confirmed (OMB numbers)...........18278
25.146 (i) revised; (j) removed....................................31302
25.149 Regulation at 68 FR 47859 confirmed (OMB numbers)...........18278
    (a)(2)(iii) revised............................................48162
25.154 (a)(3), (c) and (d) revised (OMB number pending)............47795
    Regulation at 69 FR 47795 confirmed............................55516
25.164 (g) added...................................................51587
25.165 (a) and (d) revised; (e) added..............................51587
25.202 (a)(1) table amended........................................52206
25.208 (o)(1) and (2) revised......................................31745
    (p) through (t) added..........................................52207
25.210 (j) revised; eff. 10-12-04..................................54587
25.216 Revised......................................................5710
25.280 Revised (OMB number pending)................................54587
25.282 Added (OMB number pending)..................................54587
25.283 Added (OMB number pending)..................................54588
25.284 Added; eff. 2-11-05..........................................6582
     Text redesignated as (a); (b) added; eff. 2-14-05.............54042
25.701 Revised (OMB number pending in part)........................23157
    Regulation at 69 FR 23157 confirmed............................53838
    Technical correction...........................................34950
27 Technical correction............................................56956
27.1 (b)(8) added...................................................5714
27.3 (m) through (p) redesignated as (n) through (q); new (m) 
        added.......................................................5714
27.4 Amended........................................................5714
27.5 (h) added......................................................5714
27.6 (h) added......................................................5714
27.11 (i) added.....................................................5715
    (e) through (h) revised........................................39867
27.13 (g) added.....................................................5715
27.14 (a) revised...................................................5715
27.15 (a)(2) revised................................................5715
27.50 (d) through (g) redesignated as (e) through (h); new (d) 
        added.......................................................5715
27.53 (g) through (k) redesignated as (h) through (l); new (g) 
        added.......................................................5715
27.55 Revised.......................................................5715
27.57 (c) added.....................................................5715
27.63 Revised.......................................................5715
27.601 (c)(1)(iii) revised.........................................17858
27.803 (b)(3) revised..............................................17858
27.903 (b)(3) revised..............................................17858
27.1003 (b)(3) revised.............................................17858
27.1101--27.1135 (Subpart L) added..................................5716
32.11 (a) revised; eff. 3-2-05.....................................53648
32.27 (a) revised; eff. 3-2-05.....................................53648
32.1280 (d) revised; eff. 3-2-05...................................53648
32.2000 (g)(5) revised; eff. 3-2-05................................53648
32.2005 (b)(1) and (4) revised; eff. 3-2-05........................53648
32.2682 (c) revised; eff. 3-2-05...................................53649
32.2690 (c) revised; eff. 3-2-05...................................53649
32.3000 (b) revised; eff. 3-2-05...................................53649
32.3100 (b) and (d) revised; eff. 3-2-05...........................53649
32.3200 (b) revised; eff. 3-2-05...................................53649
32.3400 Revised; eff. 3-2-05.......................................53649
32.3410 (b) revised; eff. 3-2-05...................................53649

[[Page 582]]

32.4999 (c), (f) and (n) revised; eff. 3-2-05......................53649
32.5001 (b) revised; eff. 3-2-05...................................53650
32.5200 Regulation at 67 FR 5693 stayed; eff. 7-1-04 through 12-
        31-04......................................................53646
    Revised; eff. 3-2-05...........................................53650
32.5230 Correctly added............................................44607
32.5999 (b)(4), (c) and (g) revised; eff. 3-2-05...................53651
32.6560 Correctly revised..........................................44607
    Regulation at 67 FR 5696 stayed; eff. 7-1-04 through 12-31-04 
                                                                   53646
    Revised; eff. 3-2-05...........................................53652
32.6561 Correctly added............................................44607
32.6562 Added; eff. 3-2-05.........................................53652
32.6563 Correctly added............................................44607
32.6564 Correctly added............................................44607
32.6565 Correctly added............................................44607
32.6620 Regulation at 67 FR 5696 stayed; eff. 7-1-04 through 12-
        31-04......................................................53646
    Revised; eff. 3-2-05...........................................53652
32.6621 Correctly added............................................44607
32.6623 Correctly added............................................44608
36.112 (a) revised.................................................12549
36.121 (a) revised.................................................12549
36.124 (a) introductory text and (c) revised.......................12549
36.125 (a) introductory text and (h) revised.......................12549
36.126 (e)(2) revised..............................................12550
36.172 Heading revised.............................................12550
36.201 Revised.....................................................12550
36.202 (b) revised.................................................12550
36.211 Revised.....................................................12550
36.212 Heading revised.............................................12550
36.213 (a), (b) and (c) revised; (d) and (e) removed...............12550
36.216 Revised.....................................................12551
36.301 Revised.....................................................12551
36.310 (a) revised.................................................12551
36.311 Heading revised.............................................12552
36.321 Heading and (a) revised.....................................12552
36.331 Heading revised.............................................12552
36.341 Heading revised.............................................12552
36.351 Revised.....................................................12552
36.352 Heading revised.............................................12552
36.353 Heading revised.............................................12552
36.371 Revised.....................................................12552
36.372 Heading revised.............................................12552
36.391 Revised.....................................................12552
36.392 Heading and (c) revised.....................................12552
36.411 Heading revised.............................................12553
36.501 Revised.....................................................12553
36.505 Heading revised.............................................12553
36.631 (a) introductory text, (c) introductory text and (d) 
        introductory text revised..................................12553
36.701 Removed.....................................................34600
36.711 Removed.....................................................34600
36.721 Removed.....................................................34600
36.731 Removed.....................................................34600
36.741 Removed.....................................................34600


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